I 
117TH CONGRESS 
2D SESSION 
H. R. 9196 
To protect and expand access to donor milk, and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
OCTOBER 18, 2022 
Ms. HOULAHAN (for herself, Ms. SALAZAR, and Mrs. BICE of Oklahoma) in-
troduced the following bill; which was referred to the Committee on En-
ergy and Commerce, and in addition to the Committee on Education and 
Labor, for a period to be subsequently determined by the Speaker, in 
each case for consideration of such provisions as fall within the jurisdic-
tion of the committee concerned 
A BILL 
To protect and expand access to donor milk, and for other 
purposes. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Access to Donor Milk 
Act of 2022’’. 
SEC. 2. DEFINITIONS. 
In this Act: 
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(1) The term ‘‘donor milk’’ means human milk 
that is processed without additives by a nonprofit 
milk bank. 
(2) The term ‘‘nonprofit milk bank’’ means a 
milk bank that— 
(A) is accredited by an accrediting body 
that is recognized by, or meets standards estab-
lished by, the Food and Drug Administration 
for purposes of accrediting milk banks; 
(B) collects, tests, processes, pasteurizes, 
and distributes donor milk; and 
(C) is described in section 501(c)(3) of the 
Internal Revenue Code of 1986 (26 U.S.C. 
501(c)(3)) and exempt from tax under section 
501(a) of such Code (26 U.S.C. 501(a)). 
SEC. 3. FINDINGS. 
Congress finds the following: 
(1) Human milk is the optimal first food for in-
fants. 
(2) Medically vulnerable infants, including those 
born prematurely and those with congenital or ac-
quired conditions, derive significant health benefits 
from human milk. 
(3) Mothers of medically vulnerable infants 
often face unique obstacles to producing enough 
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milk. When a parent’s milk is not available, the pro-
vision of donor milk improves health outcomes. 
(4) Nonprofit milk banks provide an essential 
medical service. 
(5) The nonprofit milk banking model of donor 
non-remuneration and standardized processing of 
single ingredient pools ensures a safe and high-qual-
ity product for the Nation’s most vulnerable infants. 
SEC. 4. SUPPORT FOR DONOR MILK ACTIVITIES. 
Section 17 of the Child Nutrition Act of 1966 (42 
U.S.C. 1786) is amended— 
(1) in subsection (b)(4), by inserting ‘‘(includ-
ing support for donor milk activities)’’ after ‘‘pro-
motion’’; and 
(2) in subsection (h)(1)(C), by adding at the 
end the following: 
‘‘(iii) DONOR MILK.—A State agency 
may use amounts made available under 
clause (i) for the collection and storage of 
unprocessed donations of human milk, the 
transfer of such milk to a nonprofit milk 
bank, and to make donor milk available to 
program participants.’’. 
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SEC. 5. EMERGENCY CAPACITY FUNDING FOR MILK BANKS. 
(a) IN GENERAL.—The Secretary shall award com-
petitive grants to eligible entities for expanding emergency 
capacity with respect to banking donor milk. 
(b) APPLICATION.—An eligible entity seeking a grant 
under this section shall submit an application to the Sec-
retary at such time, in such manner, and containing such 
information as the Secretary may require. 
(c) USE OF FUNDS.—Expanding emergency capacity 
pursuant to a grant under this section may include— 
(1) publicizing the need for donor milk; 
(2) providing resources to patients, making pa-
tients aware of donor milk, and providing informa-
tion to clinicians about donor milk; 
(3) covering donor milk processing fees; 
(4) increasing staffing and supplies needed at 
nonprofit milk banks; and 
(5) purchasing consumable products needed for 
donor milk processing. 
(d) DEFINITIONS.—In this section: 
(1) ELIGIBLE ENTITY.—The term ‘‘eligible enti-
ty’’ means an entity that— 
(A) is recognized by the Food and Drug 
Administration as an accrediting body for non-
profit milk banks; and 
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(B) in the application submitted under 
subsection (b), demonstrates, with respect to 
such entity— 
(i) a rapid increase in demand for 
donor milk; or 
(ii) a shortage of supplies needed to 
operate a nonprofit milk bank. 
(2) SECRETARY.—The term ‘‘Secretary’’ means 
the Secretary of Health and Humans Services, act-
ing through the Commissioner of Food and Drugs. 
(e) AUTHORIZATION OF APPROPRIATIONS.—For the 
purposes of carrying out this section, there are authorized 
to be appropriated $3,000,000 for fiscal year 2023, and 
such sums as may be necessary for each fiscal year there-
after. 
SEC. 6. DONOR MILK AWARENESS PROGRAM. 
The Child Nutrition Act of 1966 (42 U.S.C. 1771 
et seq.) is amended by adding at the end the following: 
‘‘SEC. 24. DONOR MILK AWARENESS PROGRAM. 
‘‘(a) IN GENERAL.—The Secretary, in coordination 
with the Secretary of Health and Human Services, shall 
establish a donor milk awareness program to— 
‘‘(1) educate the public on donor milk and non-
profit milk banks; and 
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‘‘(2) publicize the need for donor milk at non-
profit milk banks. 
‘‘(b) CONDUCT OF PROGRAM.—In carrying out the 
program described in subsection (a), the Secretary may— 
‘‘(1) develop or assist others to develop appro-
priate educational materials, including public service 
announcements, promotional publications, and press 
kits for the program described in subsection (a); 
‘‘(2) publish information about the program de-
scribed in subsection (a) on the Department’s 
website; and 
‘‘(3) distribute or assist other to distribute such 
materials appropriate for public and private individ-
uals and entities. 
‘‘(c) COOPERATIVE AGREEMENTS.—The Secretary is 
authorized to enter into cooperative agreements with Fed-
eral agencies, State and local governments, and other enti-
ties to carry out the program described in subsection (a). 
‘‘(d) DEFINITION OF DONOR MILK.—In this section, 
the term ‘donor milk’ has the meaning given the term in 
section 2 of the Access to Donor Milk Act of 2022. 
‘‘(e) AUTHORIZATION
OF
APPROPRIATIONS.—For 
purposes of carrying out this section, there are authorized 
to be appropriated $1,000,000 for fiscal year 2023, and 
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such sums as may be necessary for each fiscal year there-
after.’’. 
SEC. 7. CDC PUBLIC AWARENESS CAMPAIGN WITH RE-
SPECT TO DONOR MILK FROM NONPROFIT 
MILK BANKS. 
(a) IN GENERAL.—The Secretary of Health and 
Human Services, acting through the Director of the Cen-
ters for Disease Control and Prevention, shall expand and 
intensify the activities of the Centers to include a public 
awareness campaign with respect to donor milk from non-
profit milk banks. 
(b) DISTRIBUTION OF EDUCATIONAL MATERIALS.— 
The public awareness campaign under subsection (a) shall 
include the distribution of educational materials to— 
(1) clinicians, such as pediatric specialists, pedi-
atricians, obstetricians, pediatric nutritionists, mid-
wives, and lactation specialists; and 
(2) expecting and new parents. 
SEC. 8. CLARIFYING THE REGULATORY STATUS OF DONOR 
MILK. 
(a) IN GENERAL.—Not later than 1 year after the 
date of the enactment of this Act, the Secretary of Health 
and Human Services, acting through the Commissioner of 
Food and Drugs, shall issue a rule to clarify the regulatory 
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status (and any associated categorization) of donor milk 
provided by a nonprofit milk bank. 
(b) REPORT.—Not later than 180 days after the date 
of the enactment of this Act, the Secretary of Health and 
Human Services, acting through the Commissioner of 
Food and Drugs, shall submit to Congress a report speci-
fying the regulatory categorization of donor milk provided 
by a nonprofit milk bank under the rule issued under sub-
section (a). 
Æ 
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