Constance C. McDaniel Medically Necessary Infant Formula and Donor Milk Act
HB9007, titled the Constance C. McDaniel Medically Necessary Infant Formula and Donor Milk Act, would direct the Secretary of Health and Human Services to create a three-year pilot program to help certain eligible families pay for medically necessary infant formula or donor milk. The program must be established within one year of enactment and may operate through vouchers, reimbursements, or grants to local public or nonprofit entities. The bill also requires outreach so families can learn about the program, and it mandates annual evaluations and reports to Congress on participation and the amount of formula or donor milk provided.
The bill defines covered infant formula as formula lawfully sold in the United States and donor milk as pasteurized human milk dispensed by a donor milk bank meeting FDA-related safety standards. Eligibility is limited to parents or legal guardians of children under one year old, or older in medically necessary cases, who are not eligible for WIC and who have a documented inability to breastfeed or a child with specific feeding or medical issues such as digestive problems, allergies, latching issues, or feeding tubes. The bill also authorizes $15 million annually from fiscal years 2027 through 2031 and sunsets the Secretary’s authority three years after enactment.
If enacted, the bill would create a new federal pilot program within HHS and add a temporary federal funding stream for infant feeding assistance targeted to medically vulnerable families who are not served by WIC. It would not directly amend state statutes, but it would require coordination with state law where donor human milk banks operate and where donor milk distribution must comply with applicable federal and state requirements. The bill would also expand federal involvement in infant nutrition support by creating reporting, evaluation, and outreach obligations for HHS.
The available context suggests generally supportive bipartisan intent, as the bill was introduced by Representatives Wasserman Schultz and Hinson, indicating cross-party sponsorship. The bill’s framing around medically necessary infant formula and donor milk, along with its focus on families facing documented medical barriers to breastfeeding, suggests a policy approach aimed at addressing a specific health and nutrition need rather than a broad ideological dispute. No committee transcript or vote record is available here, so there is no evidence of formal opposition or amendment debate in the provided materials.
The main potential points of contention are likely to be eligibility limits, program design, and federal spending. The bill excludes families eligible for WIC, which may be seen as a way to target resources but could also be viewed as leaving out some low-income families with similar needs. Another possible issue is the scope of qualifying medical conditions and the requirement for diagnosis by a medical professional, which may raise administrative or access concerns. Finally, the use of federal funds for a temporary pilot, and the choice among vouchers, reimbursements, or grants, could prompt debate over cost, oversight, and implementation.