PolicyBrief
H.R. 8545
119th CongressApr 28th 2026
Access to Donor Milk Act of 2026
IN COMMITTEE

This Act expands support for donor human milk activities through WIC funding, provides emergency grants to nonprofit milk banks, mandates a public awareness campaign, and directs the establishment of federal safety standards for donor milk.

Chrissy Houlahan
D

Chrissy Houlahan

Representative

PA-6

LEGISLATION

New Act Boosts Donor Milk Access, Sets Safety Standards, and Funds Emergency Capacity for Milk Banks

Alright, let's talk about something that might not be on everyone's radar but is super important for the tiniest among us: the Access to Donor Milk Act of 2026. Think of this as a big step toward making sure vulnerable infants get the best possible start, especially when things get tough.

This bill is all about making donor human milk more available and safer. Essentially, it defines what 'donor human milk' and 'donor human milk-derived products' are, making a clear distinction between the two. It also spells out what a 'donor human milk bank' is, emphasizing that these organizations need to meet FDA safety standards for collecting, testing, processing, and distributing milk. And yes, it specifically calls out 'nonprofit donor human milk banks,' which are the tax-exempt ones under Section 501(c)(3) of the IRS code.

WIC Gets a Boost for Tiny Tummies

One of the most immediate impacts here is for families who rely on the Special Supplemental Nutrition Program for Women, Infants, and Children (WIC). Currently, WIC helps with food and nutrition for moms and kids. This bill, under Section 3, expands how states can use those WIC funds. Now, states can use WIC money to support donor human milk activities. This means they can use funds to collect and store unprocessed human milk donations and then transfer that milk to a nonprofit donor human milk bank. For a new parent struggling to provide for their infant, especially if their baby has specific health needs and can't get breast milk directly, this could be a game-changer for accessing safe, high-quality donor milk.

Emergency Lifeline for Milk Banks

Ever wonder what happens to critical supplies during a natural disaster or a public health crisis? Section 4 of this Act tackles that head-on for donor human milk banks. It directs the Secretary of Health and Human Services to offer competitive grants to eligible nonprofit donor human milk banks. These grants aren't just handed out willy-nilly; they're specifically triggered when there's a major disaster, a public health emergency, or a clear need for expanded capacity to meet demand. So, if a hurricane hits or there's a sudden health crisis, these grants could help milk banks quickly ramp up their operations.

What can these grants cover? A lot, actually: publicizing the need for donations (especially for high-risk infants), raising awareness among families, covering fees for collection and processing, increasing staff and supplies, and even buying equipment for safe processing. We're talking up to $3 million for fiscal year 2026, with more authorized for subsequent years. This means that if you're a parent whose infant needs donor milk during a crisis, the system might be better equipped to handle the surge.

Spreading the Word and Setting Standards

Beyond funding, the bill also focuses on awareness and safety. Section 5 mandates a public awareness campaign, run by the Health Resources and Services Administration, to educate people about the benefits and safety of donor human milk from milk banks. This campaign will target everyone from pediatricians and lactation consultants to expectant and new parents, particularly those in the WIC program, and community organizations. Imagine seeing clear, reliable information about donor milk from your doctor or at your local WIC office—that's the goal here.

Finally, and critically, Section 6 addresses the regulatory status of donor human milk. Within 180 days of the bill becoming law, the Secretary of Health and Human Services has to hold a public meeting to start creating minimum safety standards. Within 18 months, draft guidance will be issued to establish clear rules for collecting, preparing, storing, handling, pasteurizing, and transferring donor human milk. This means more consistent, higher-quality, and safer donor milk across the board, which is a huge win for everyone involved. It considers everything from ethical considerations to the resources available to nonprofit milk banks, aiming for standards that are both robust and practical. This move provides much-needed clarity and trust in the donor milk supply, which is a big deal for parents and healthcare providers alike.