Constance C. McDaniel Medically Necessary Infant Formula and Donor Milk Act
- Sponsor
- Rep. Wasserman Schultz, Debbie [D-FL-25]
- Committees
- Energy and Commerce Committee (primary)
- Last action
- May 21, 2026
Bottom line
The bill creates a targeted federal pilot program to provide financial aid for infant formula and donor milk to families with specific medical needs who are not eligible for WIC.
What it actually does
This bill directs the Secretary of Health and Human Services to establish a three-year pilot program providing financial assistance to eligible individuals for purchasing medically necessary infant formula or donor milk. Eligibility is narrowly defined, focusing on families not covered by WIC who face specific medical challenges preventing breastfeeding or whose infants have particular medical needs. The program authorizes $15 million annually for fiscal years 2027 through 2031.
Proponents argue
Supporters argue that this bill addresses a critical gap in support for families who cannot breastfeed due to medical reasons or whose infants require specialized nutrition, and who do not qualify for existing programs like WIC. They contend it ensures vulnerable infants receive essential nutrition, especially in times of supply chain disruptions, and provides much-needed relief to parents facing significant medical and financial burdens.
Opponents contend
Critics might express concerns about the expansion of federal assistance programs, arguing that such support could be more efficiently handled at the state or local level, or through existing private charity networks. Some may also raise questions about the administrative complexity and potential for overlap with other programs, despite the explicit exclusion of WIC-eligible individuals, or the potential for fraud in a new voucher or reimbursement system.
The bill is concise and clearly written, making it accessible for a quick and thorough review within a typical legislative reading period.
Section 2(a)
Establishment of Medically Necessary Infant Formula Pilot Program
This section mandates the Secretary of Health and Human Services to create a three-year pilot program, named the Medically Necessary Infant Formula Pilot Program, within one year of the bill's enactment. The program's purpose is to provide financial assistance to eligible individuals for the purchase of covered infant formula or donor milk.
Supporters argue
Supporters argue that establishing this pilot program is a crucial step to address the unmet needs of a specific, vulnerable population of infants and their families. It provides a direct mechanism to ensure access to vital nutrition when breastfeeding is not possible due to medical necessity, preventing health complications and alleviating financial stress.
Critics contend
Opponents might argue that creating a new federal pilot program adds to bureaucratic overhead and could be inefficient. They may suggest that existing state or local programs, or expanding WIC eligibility, might be more effective or less costly ways to address these needs, rather than a new, separate federal initiative.
Tradeoffs
The tension lies between the desire to provide targeted support to a specific vulnerable group and concerns about creating new federal programs with associated administrative costs and potential for overlap or inefficiency, even with explicit exclusions for WIC participants.
Section 2(e)(4)
Definition of 'Eligible Individual'
This provision meticulously defines who qualifies for assistance. An 'eligible individual' must not be eligible for WIC, be a parent or guardian of a child under one year old (or older if medically necessary), and meet specific medical criteria. These criteria include a postpartum woman's inability to breastfeed due to a diagnosed medical condition (physical, chronic disease, mental health, etc.), circumstances like adoption or maternal mortality, or a child's medical issues such as feeding tubes, digestive problems, latching difficulties, or allergies.
Section 2(f) and 2(g)
Authorization of Appropriations and Program Sunset
This section authorizes $15,000,000 to be appropriated for each of fiscal years 2027 through 2031 to carry out the program. However, the authority for the Secretary to operate the program is set to terminate three years after the date of the bill's enactment. This creates a limited operational window for the pilot program, despite the longer authorization period for funding.
The bill explicitly states that an 'eligible individual' must be someone who '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)'.
Section 2(e)(4)(A)
Why it matters:This is standard legislative practice to define eligibility criteria comprehensively within the definitions section. It clarifies the program's intent to serve a distinct population not already covered by WIC.
Case for: Supporters would argue this exclusion is essential to prevent duplication of benefits and ensure the program targets a specific gap in federal assistance, focusing on families who fall outside WIC's income or other eligibility requirements but still have medical needs for formula or donor milk.
Case against: Critics might argue that while preventing duplication is good, the strict exclusion could create a 'cliff effect' where families slightly above WIC's income threshold, but still struggling, might not qualify for either program, potentially leaving some vulnerable populations without adequate support.
Estimated impact: Significantly narrows the pool of potential beneficiaries, ensuring the program serves a distinct, non-WIC-eligible population with specific medical needs.