Status of Federal Breastfeeding Legislation Right to Breastfeed Act, H.R. 1848, Signed into Law Most of you have heard by now that on September 29, 1999, President Clinton signed the Treasury Postal Appropriations bill which included Rep. Maloney's Right to Breastfeed Act. The legislation ensures a woman's right to breastfeed her child anywhere on federal property where she and her child are authorized to be. "It is a shame that we need this law to protect such a natural choice, but women were being harassed, told to leave national parks and museums and intimidated off of federal grounds simply for breastfeeding," said Rep. Maloney. "Until now, women had no recourse." Two Other Existing Bills As many of you know, H.R.1163 has already been introduced in Congress. This bill, the Breastfeeding Promotion and Employers' Tax Incentive Act of 1999, introduced on March 17, encourages employers to set up a safe, private, and sanitary environment for women to express (or pump) breast milk by providing a tax credit for employers who set up a lactation location, purchase or rent lactation-related equipment, hire a lactation consultant, or otherwise promote a lactation-friendly environment. This bill has been referred to the Ways and Means Committee. There are currently 17 cosponsors. H.R 1478, The Pregnancy Discrimination Act Amendment of 1999, is a bill which clarifies the Pregnancy Discrimination Act to protect breastfeeding under civil rights law, requiring that women cannot be fired or discriminated against in the workplace for expressing breast milk (or directly breastfeeding) during her own lunch or break time. Until now, the courts have not interpreted the PDA definition of "pregnancy, childbirth, and related medical conditions" to include breastfeeding. This bill has been referred to the Education and Workforce Committee. There are currently 14 cosponsors. New Bill Introduced Safe and Effective Breast Pumps Act, H.R. 3372, was introduced to require the FDA to develop minimum quality standards for breast pumps to ensure that products on the market are safe and effective. This bill has been referred to the House Commerce Committee. Prominent Breastfeeding Researcher Comes to Capitol Hill Dr. James Anderson, a national expert on nutrition and early cognitive development, addressed an audience of Congressional staff and others on the exciting results of a meta-analysis that examined the relationship between breast milk and higher I.Q. ratings in breastfed infants. Anderson's study found that breastfed infants scored an average of 5.3 points higher on I.Q. tests compared to their formula-fed peers. The results were published in the American Journal of Clinical Nutrition. Frequently Asked Questions Whatever happened to H.R. 3531? Introduced more than two years ago, H.R. 3531, the New Mothers' Breastfeeding Promotion and Protection Act, incorporated all of our breastfeeding legislation into one package, but was not enacted during the 105th Congress. This year, elements of H.R. 3531 were divided into four "stand alone" bills with the hopes of expediting passage. Each bill has its own bill number and short title. When do these bills get voted on? There is no set date for any further action on any of them. Their future depends on responses from Members of Congress. So, go ahead and let them know about the bills. There are currently no related bills in the U.S. Senate, so you can also encourage your U.S. Senators to introduce the bills in that chamber of Congress. Why does the Right to Breastfeed Act cover only federal property? We know that women are being harassed at many public property locations as well as federal property. Unfortunately, in this case, state laws govern public property, and therefore it is more difficult to do something from the federal level. Many of you have worked to ensure the right to breastfeed in your states. (Current states with such laws are: AK, CA, DE, FL, IL, MI, NV, NH, NJ, NY, NC, TN, TX, UT, VA, and WI. Additional states have passed or proposed laws on related topics.) This is NOT to say that breastfeeding is illegal anywhere. It just isn't spelled out in law that a woman's right is protected. We'll keep looking at how we can help. Is it too late to contact my Representatives/Senators about these bills? Although Congress has adjourned until January, it is NOT too late to contact your member of Congress. Your input can still make a difference even during recess. In fact, NOW IS A GREAT TIME to make an appointment to visit your representative in his/her district office. How can I tell if my Representative is a cosponsor of any of these bills? The best way to keep up with who has cosponsored each bill is on Thomas: www.congress.gov. You can also find a full copy of each bill by entering in a bill number. How do I contact my Representatives? phone? fax? email? You should certainly contact your own Representative. The best way is by regular mail, although some offices will respond to other forms (phone, e-mail, etc.). Either way, it is best to ask for a written response. To contact your Member of Congress, write to: The Honorable _________, U.S. House of Representatives, Washington, D.C. 20515. Or call 202-225-3121 to find out who your representative is. (Members of Congress who cosponsored lactation legislation last year often did so because of the constituent letters they received. Otherwise, a Member of Congress may never learn about the bill--Remember there have been more than 3,000 introduced in the last 10 months alone!!!) Maloney Website While Rep. Maloney's website is currently being updated and overhauled, there is a lot of information available. Generally, you can find information about: Here is the new site address for breastfeeding info (as of today): http://www.house.gov/maloney/issues/womenchildren/breastfeeding/index.html. Please be patient during the updating phase. Thanks! For additional information and other background, please call 202-225-7944, or visit: http://www.house.gov/maloney/index.html
compiled by the Office of Rep. Carolyn Maloney, updated: December 5, 1999
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