[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[H.R. 9007 Introduced in House (IH)]
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119th CONGRESS
2d Session
H. R. 9007
To direct the Secretary of Health and Human Services to establish a
pilot program under which the Secretary provides financial assistance
to certain individuals to purchase infant formula, and for other
purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
May 21, 2026
Ms. Wasserman Schultz (for herself and Mrs. Hinson) introduced the
following bill; which was referred to the Committee on Energy and
Commerce
_______________________________________________________________________
A BILL
To direct the Secretary of Health and Human Services to establish a
pilot program under which the Secretary provides financial assistance
to certain individuals to purchase infant formula, and for other
purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Constance C. McDaniel Medically
Necessary Infant Formula and Donor Milk Act''.
SEC. 2. INFANT FORMULA ASSISTANCE.
(a) In General.--Not later than 1 year after the date of the
enactment of this Act, the Secretary of Health and Human Services
(referred to in this section as the ``Secretary'') shall establish a 3-
year pilot program (to be known as the Medically Necessary Infant
Formula Pilot Program and referred to in this Act as the ``Program'')
under which the Secretary will provide to eligible individuals
financial assistance for purposes of purchasing covered infant formula
or donor milk.
(b) Manner of Provision of Financial Assistance.--The Secretary may
provide financial assistance through any means determined to be
appropriate by the Secretary, including through--
(1) establishing a voucher program;
(2) providing for reimbursement to eligible individuals for
expenses incurred in purchasing covered infant formula or donor
milk; or
(3) providing a grant to governmental or nonprofit entities
serving eligible individuals at the local level.
(c) Education.--The Secretary shall, in consultation with health
care providers, take such steps as may be necessary to ensure
information about the Program is available to families.
(d) Evaluation; Report.--
(1) Evaluation.--The Secretary shall conduct an annual
evaluation of performance of the Program with respect to
delivery of assistance to parents and infants in need,
including how many individuals benefitted from the Program and
how much covered infant formula or donor milk was provided
through the Program.
(2) Report.--Not later than 1 year after the date on which
the Program begins and annually thereafter, the Secretary shall
submit a report to Congress on the findings of each evaluation
conducted under paragraph (1).
(e) Definitions.--In this section:
(1) The term ``covered infant formula'' means infant
formula lawfully sold in the United States in compliance with
section 412 of the Federal Food, Drug, and Cosmetic Act (21
U.S.C. 350a).
(2) The term ``donor milk'' means human milk that is
collected, pasteurized, and dispensed by a donor human milk
bank without additives.
(3) The term ``donor human milk bank'' means an
organization that--
(A) meets standards established by the Food and
Drug Administration for purposes of ensuring the safety
of donor human milk and human milk banks; and
(B) collects, tests, processes, pasteurizes, and
distributes donor human milk, in compliance with
applicable Federal and State law.
(4) The term ``eligible individual'' means an individual
who--
(A) is not eligible to participate in the special
supplemental nutrition program for women, infants, and
children under section 17 of the Child Nutrition Act of
1966 (42 U.S.C. 1786);
(B) is the parent or legal guardian of a child who
is less than one year of age (or such older age as may
be necessary due to a medical issue diagnosed by a
medical professional); and
(C)(i) is a postpartum woman who has an inability
to breastfeed, as diagnosed by a medical professional,
due to--
(I) a physical factor as a result of a
diagnosed medical condition;
(II) a chronic disease, such as cancer;
(III) a behavioral or mental health issue;
or
(IV) such other medical issue, as may be
determined by the Secretary;
(ii) has an inability to breastfeed due to--
(I) adoption;
(II) maternal mortality; or
(III) surrogacy following diagnosis of a
medical condition; or
(iii) has a child who has--
(I) feeding tubes;
(II) digestive issues;
(III) latching issues (including anatomical
issues, such as Ankyloglossia);
(IV) an allergy or intolerance; or
(V) such other medical issue, as may be
determined by the Secretary.
(5) The term ``medical professional'' includes a
pediatrician, an obstetrician-gynecologist, a general
practitioner, or a nurse practitioner.
(f) Authorization of Appropriations.--There are authorized to be
appropriated to carry out this section $15,000,000 for each of fiscal
years 2027 through 2031.
(g) Sunset.--The authority of the Secretary to carry out this
section shall terminate on the date that is 3 years after the date of
the enactment of this Act.
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