H.R. 9007

[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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