Access to Donor Milk Act of 2026
- Sponsor
- Rep. Houlahan, Chrissy [D-PA-6]
- Committees
- Education and Workforce Committee (primary)
- Last action
- Apr 28, 2026
Bottom line
The bill seeks to enhance the availability, safety, and public awareness of pasteurized donor human milk for infants, particularly high-risk infants, through federal support, public education, and regulatory guidance.
What it actually does
This bill aims to protect and expand access to pasteurized donor human milk. It amends the Child Nutrition Act of 1966 to allow State agencies to use WIC funds for collecting, storing, and transferring unprocessed human milk to nonprofit donor human milk banks. It also establishes a competitive grant program for nonprofit donor human milk banks to expand emergency capacity, directs the Secretary of Health and Human Services to develop a public awareness campaign, and mandates the development of minimum safety standards for donor human milk and donor human milk-derived products.
Proponents argue
Supporters argue that donor human milk is a critical nutritional and medical intervention for vulnerable infants, especially those who are premature or sick, and that this bill will ensure a safer, more accessible, and more resilient supply. They emphasize the public health benefits of standardizing safety, increasing emergency capacity, and educating families and clinicians about the benefits and safety of donor human milk from accredited banks.
Opponents contend
Critics might raise concerns about the expansion of federal involvement and funding into an area that has historically relied on state or private initiatives, potentially leading to increased bureaucracy or diversion of resources from other maternal and child health programs. Some may also question the cost implications of the grant program and awareness campaign, or argue that existing regulatory frameworks are sufficient.
The bill is concise and clearly structured, allowing for a quick read and straightforward understanding of its provisions.
Section 3
Support for Donor Human Milk Activities under WIC
This section amends the Child Nutrition Act of 1966, specifically the Special Supplemental Nutrition Program for Women, Infants, and Children (WIC). It allows State agencies to use WIC funds to support activities related to donor human milk, including collecting and storing unprocessed human milk donations and transferring this milk to nonprofit donor human milk banks. This expands the permissible uses of WIC funds to directly support the donor human milk supply chain.
Supporters argue
Supporters argue that allowing WIC funds to support donor human milk activities leverages an existing federal program to address a critical need for vulnerable infants. This provision can help integrate donor milk into broader maternal and child health support systems, making it more accessible and affordable for families who rely on WIC.
Critics contend
Critics might contend that redirecting WIC funds, even for a related purpose, could potentially strain resources intended for other core WIC services, such as direct food assistance or nutrition education. They might argue that new funding streams, rather than reallocating existing ones, would be a more appropriate approach.
Tradeoffs
This provision balances the goal of expanding access to donor human milk with the potential for reallocating existing WIC resources. It aims to integrate donor milk support within an established federal program, but raises questions about the optimal use of WIC funds.
Section 4
Emergency Capacity Funding for Human Milk Banks
This section establishes a new competitive grant program, administered by the Secretary of Health and Human Services, to help eligible nonprofit donor human milk banks expand their emergency capacity. Grants can be awarded in response to major disasters, public health emergencies, or when the Secretary determines there is a need to ensure adequate supply. Funds can be used for publicizing needs, raising awareness, covering collection/processing fees, increasing staffing/supplies, and acquiring equipment. It authorizes $3,000,000 for FY2026 and necessary sums thereafter.
Section 5
Public Awareness Campaign
This section directs the Secretary of Health and Human Services, through the Administrator of the Health Resources and Services Administration (HRSA), to develop a public awareness campaign. The campaign will focus on the benefits and safety of donor human milk from donor human milk banks. It mandates the distribution of educational materials to various groups, including clinicians (pediatric specialists, obstetricians, lactation consultants), expectant and new parents (with a focus on WIC participants), and community-based organizations.
Section 6
Regulatory Status and Safety Standards for Donor Human Milk
This section mandates the Secretary of Health and Human Services to convene a public meeting within 180 days of enactment to gather input for establishing minimum safety standards for donor human milk and donor human milk-derived products. Within 18 months, the Secretary must issue draft guidance outlining these standards, considering unique factors, ethical considerations, protection of the U.S. donor milk supply, and resources available to nonprofit milk banks. The guidance will cover collection, preparation, storage, handling, processing (pasteurization), transfer, screening, and testing.
The definition of 'donor human milk bank' explicitly states that such an organization must meet 'standards established by the Food and Drug Administration for purposes of ensuring the safety of donor human milk and human milk banks, including such standards as may be prescribed pursuant to section 6'.
Section 2(3)(A)
Why it matters:This is standard legislative practice to ensure that definitions are comprehensive and forward-looking, linking current definitions to future regulatory actions mandated by the bill.
Case for: Supporters argue that this linkage ensures that the definition of a 'donor human milk bank' is dynamic and will align with the forthcoming federal safety standards, providing a clear regulatory framework for the entire industry.
Case against: Critics might argue that making the definition contingent on future FDA standards introduces uncertainty for existing milk banks until the guidance is finalized, potentially creating a period of ambiguity regarding their compliance status.
Estimated impact: This provision ensures that all entities recognized as 'donor human milk banks' under the Act will eventually adhere to a consistent set of federal safety standards, impacting all current and future milk banks.