HR-9007-119
Referred to the House Committee on Energy and Commerce.
Sponsored by Debbie Wasserman Schultz (D-FL)
What it does
This bill would direct the Secretary of Health and Human Services to create a 3-year pilot program providing financial assistance to eligible individuals who cannot use the existing WIC program and have a documented medical reason they cannot breastfeed. Assistance could be delivered through vouchers, direct reimbursement, or grants to local governmental or nonprofit organizations. The bill authorizes $15 million per year for fiscal years 2027–2031 and requires annual reports to Congress on program performance.
Who benefits
Parents and legal guardians of infants under one year old who are ineligible for WIC but have a medically documented need for infant formula or donor milk — including adoptive parents, parents of infants with feeding tubes, digestive issues, latching problems, or allergies, and postpartum women with physical or mental health conditions preventing breastfeeding. Infants who experienced maternal mortality and those born via surrogacy following a diagnosed medical condition. Nonprofit and governmental organizations that serve these families, who could receive grants. Donor human milk banks, which would see increased demand for their products.
Who is hurt
Families with similar medical needs who remain ineligible because they do qualify for WIC (the bill explicitly excludes WIC-eligible individuals). Taxpayers who bear the cost of the $15 million annual appropriation. Competing uses of HHS discretionary funding that may be crowded out. Conventional infant formula manufacturers may face indirect competitive pressure if donor milk demand grows. States and localities that currently fund similar gap-filling programs may see reduced pressure to maintain their own efforts if federal assistance is available.
Supporters argue
Supporters argue that a meaningful gap exists in the federal nutrition safety net: WIC covers low-income families, but families above the income threshold who face genuine medical barriers to breastfeeding have no federal assistance and may pay hundreds of dollars per month for medically necessary formula or donor milk. They contend the bill is narrowly targeted — requiring a medical professional's diagnosis — which limits costs while directing aid to those with the clearest need. The 3-year pilot structure with mandatory annual reporting allows Congress to evaluate effectiveness before committing to a permanent program.
Opponents argue
Opponents argue that the bill creates a new federal entitlement-style program for a population that, by definition, exceeds WIC income thresholds, effectively subsidizing formula purchases for families with greater financial means than those WIC already serves. They contend the $15 million annual authorization may be insufficient to administer the program effectively while also providing meaningful per-family assistance, raising questions about whether the pilot will generate reliable data. Critics may also argue that the Secretary's broad discretion to expand eligibility categories — including "such other medical issue, as may be determined by the Secretary" — delegates too much authority to the executive branch without clear congressional guardrails.
Constitutional context
Congress's authority to appropriate funds for this program rests on the Taxing and Spending Clause (Art. I, §8, cl. 1), which grants broad power to spend for the general welfare. No significant constitutional tension is present: the bill creates a voluntary federal spending program rather than compelling any activity, mandating state action, or imposing conditions on existing federal funding — the concerns addressed in NFIB v. Sebelius (2012).
Checks and balances
The executive branch (HHS Secretary) gains new discretionary authority to design and administer the program, including expanding eligibility categories; Congress retains oversight through mandatory annual reports and controls the program's funding through the appropriations process.
Historical precedent
The WIC program (1972) established the precedent of federal financial assistance for infant formula for low-income families; this bill targets a narrower, medically defined population not covered by WIC.