,,ii #aahth ,,congress #ast ,session ,s4 #bhai ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,september #ad1 #bjbc,mr4 ,durbin for 7 ,ms4 ,duckworth 7for herself and ,mr4 ,rubio77 introduced the following bill2 which was read twice and referred to the ,committee on ,health1 ,education1 ,labor1 and ,pensions ,a ,,bill ,to protect and expand access to pasteurized1 donor human milk1 and for other purposes4 #a4 ,short title ,this ,act may be cited as the ,access to ,donor ,milk ,act of #bjbc4 #b4 ,definitions ,in this ,act3 7#a7 ,the term donor human milk means human milk that is collected1 pasteurized1 and dispensed without additives4 7#b7 ,the term donor human milk bank means an organization that-- 7,a7 meets standards established by the ,food and ,drug ,administration for purposes of ensuring the safety of donor human milk and human milk banks2 and 7,b7 collects1 tests1 processes1 pasteurizes1 and distributes donor human milk1 in compliance with applicable law4 7#c7 ,the term nonprofit donor human milk bank means a donor human milk bank 7as defined in paragraph 7#b77 that is an organization described in section #eja7;c77#c7 of the ,internal ,revenue ,code of #aihf 7#bf ,u4,s4,c4 #eja7;c77#c77 and exempt from tax under section #eja7;a7 of such ,code 7#bf ,u4,s4,c4 #eja7;a774 #c4 ,support for donor human milk activities ,section #ag of the ,child ,nutrition ,act of #aiff 7#db ,u4,s4,c4 #aghf7 is amended-- 7#a7 in subsection 7b77#d71 by inserting 7including support for donor human milk 7as defined in section #b of the ,access to ,donor ,milk ,act of #bjbc7 activities7 after promotion2 and 7#b7 in subsection 7h77#a77;,c7-- 7,a7 in clause 7i71 by striking clause 7ii7 and inserting clauses 7ii7 and 7iii72 and 7,b7 by adding at the end the following3 7iii7 ,donor human milk ,a ,state agency may use amounts made available under clause 7i7 for-- 7,i7 collecting and storing donations of unprocessed human milk2 and 7,,ii7 the transfer of the milk described in subclause 7,i7 to a nonprofit donor human milk bank 7as defined in section #b of the ,access to ,donor ,milk ,act of #bjbc7 registered with the ,food and ,drug ,administration4 4 #d4 ,emergency capacity funding for human milk banks 7a7 ,in general ,the ,secretary of ,health and ,human ,services 7referred to in this section as the ,secretary7 shall award competitive grants1 subject to subsection 7f71 to eligible entities for expanding emergency capacity with respect to banking donor human milk4 7b7 ,application ,an eligible entity seeking a grant under this section shall submit an application to the ,secretary at such time1 in such manner1 and containing such information as the ,secretary may require4 7c7 ,use of funds ,expanding emergency capacity pursuant to a grant under this section may include-- 7#a7 publicizing the need for donor human milk1 especially for high-risk infants2 7#b7 raising awareness and providing resources to families1 especially families of high-risk infants1 about donor human milk2 7#c7 covering donor human milk collection1 storage1 pasteurization1 transfer1 and processing fees2 7#d7 increasing staffing and supplies needed at donor human milk banks2 7#e7 purchasing consumable products needed for donor human milk processing2 and 7#f7 acquiring equipment for safe and quality processing of donor human milk4 7d7 ,eligible entity ,for purposes of this section1 the term eligible entity means an entity that-- 7#a7 is a nonprofit donor human milk bank registered with the ,food and ,drug ,administration2 and 7#b7 in the application submitted under subsection 7b71 demonstrates1 with respect to such entity-- 7,a7 a rapid increase in demand for donor human milk2 or 7,b7 a shortage of supplies needed to operate a donor human milk bank4 7e7 ,authorization of appropriations ,for the purposes of carrying out this section1 there are authorized to be appropriated #c1jjj1jjj for fiscal year #bjbd1 and such sums as may be necessary for each fiscal year thereafter4 7f7 ,criteria ,the ,secretary may award grants under subsection 7a7 only in the event of any of the following3 7#a7 ,the ,secretary determines that expanded capacity is necessary to respond to any major disaster declared by the ,president under section #dja of the ,robert ,t4 ,stafford ,disaster ,relief and ,emergency ,assistance ,act 7#db ,u4,s4,c4 #eagj7 or to any public health emergency declared under section #cai of the ,public ,health ,service ,act 7#db ,u4,s4,c4 #bdg;d74 7#b7 ,the ,secretary determines that ,federal assistance is needed to supplement ,state and local efforts and capabilities to save lives and to protect property and public health and safety1 or to lessen or avert the threat of a catastrophe in any part of the ,united ,states4 7#c7 ,the ,secretary determines emergency capacity is needed to ensure adequate supply is available to meet the demand for donor human milk from an eligible entity4 #e4 ,public awareness campaign with respect to donor human milk 7a7 ,in general ,the ,secretary of ,health and ,human ,services-- 7#a7 shall1 acting through the ,administrator of the ,health ,resources and ,services ,administration1 develop a public awareness campaign with respect to the benefits and safety of donor human milk from donor human milk banks registered with the ,food and ,drug ,administration2 and 7#b7 is encouraged to work with nonprofit donor human milk banks registered with the ,food and ,drug ,administration4 7b7 ,distribution of educational materials ,the public awareness campaign under subsection 7a7 shall include the distribution of educational materials to-- 7#a7 clinicians1 such as pediatric specialists1 pediatricians1 obstetricians1 pediatric nutritionists1 midwives1 and lactation consultants1 including international board-certified lactation consultants2 7#b7 expectant and new parents1 with a focus on expectant and new parents that are participating in the special supplemental nutrition program for women1 infants1 and children program under section #ag of the ,child ,nutrition ,act of #aiff 7#db ,u4,s4,c4 #aghf72 and 7#c7 community-based organizations4 #f4 ,regulatory status of donor human milk 7a7 ,public meeting ,not later than #ahj days after the date of the enactment of this ,act1 the ,secretary of ,health and ,human ,services 7referred to in this section as the ,secretary7 shall convene a public meeting to inform the draft guidance required under subsection 7b74 7b7 ,guidance ,not later than #ah months after the date of enactment of this ,act1 the ,secretary shall issue draft guidance that-- 7#a7 addresses the appropriate standards for the collection and preparation1 storage1 handling1 processes used in pasteurization1 and transfer of donor human milk and donor human-milk derived products2 and 7#b7 considers the appropriateness of screening and other processes1 as determined by the ,secretary4