July 29, 2003

Thank you for your interest in breastfeeding-related legislation. On July 18th, Congresswoman Maloney introduced H.R. 2790, the Breastfeeding Promotion Act. This bill is nearly identical to H.R. 285 of the 107th Congress.

It is the same bill as last Congress except for these two technical corrections:

1.) Mrs. Maloney added "exclusively for six months" to the findings: The American Academy of Pediatrics recommends that mothers breastfeed exclusively for six months but continuing for at least the 1st year of a child's life and that arrangements be made to allow a mother's expressing of milk if mother and child must separate.

2.) To ensure small businesses could take advantage of the tax credit, Mrs. Maloney struck this line in Section 45G: "the number determined by dividing the average number of full-time employees of the taxpayer during the preceding taxable year by 8,000."

Additionally, the Congresswoman released two reports by the Congressional Research Service: Breast-feeding: Impact on Health, Employment and Society and Summary of State Breastfeeding Laws.

See below for more information. [Maloney Press Release, Fact Sheet on HR 2790, Copies of the CRS Reports, Copy of the Bill, HR 2790]

In the U.S. Senate, Olympia Snowe introduced S. 418, The Pregnancy Discrimination Act Amendments of 2003. This legislation amends the Civil Rights Act of 1964 to protect breastfeeding by new mothers.

The most efficient way to keep up-to-date on the bills is by referring to the Library of Congress webpage -http://thomas.loc.gov/. A blank, white field on the left side of the page will allow you to input the bill number, hr2790, to receive updates. This webpage is most helpful, and includes current information such as how the legislation is moving through committee, and what Members of the House have cosponsored the legislation.

If you would like to be added to or deleted from this list, or wish to offer comments, please contact: breastfeedinginfo.maloney@mail.house.gov. Please be sure to include your full e-mail address in the text of the message.

FIGHTING FOR NEW MOTHERS
Maloney introduces legislation, releases two new Congressional reports on breastfeeding
Breastfeeding Promotion Act would shield mothers from discrimination for breastfeeding, encouraging new mothers to breastfeed

WASHINGTON, DC - Promoting healthy families and ensuring the rights of new mothers, Rep. Carolyn B. Maloney (NY-14) introduced H.R. 2790, the Breastfeeding Promotion Act, on July 18, 2003, with twelve bipartisan original cosponsors. Her legislation amends the Civil Rights Act of 1964 to protect breastfeeding by new mothers, provides for a performance standard for breast pumps, and provides tax incentives to encourage breastfeeding.

To bolster the already substantial evidence that breastfeeding improves the health of both mother and child, Rep. Maloney released today two reports by the Congressional Research Service (CRS): Breast-feeding: Impact on Health, Employment and Society and Summary of State Breastfeeding Laws.

"Moms contact me all of the time frustrated because they would like to breastfeed, but face some really tough obstacles both at work and in public settings" said Rep. Maloney. "This has to change. Creating more family-friendly work environments so that women can express breast milk is a positive first step. My legislation supports and protect mothers who choose to breastfeed."

"Breastfeeding not only makes healthier children, it's beneficial for businesses! Employers who support employee lactation programs help to reduce worker absenteeism, staff turnover and increases retention of skilled workers. One way employers can make the workplace a better place: support working women that breastfeed. Employers should not stand in the way of a woman doing the most natural thing on earth - breastfeeding her child."

CRS noted in the report that "The health benefits to the infant include the high nutritional quality of human milk, and a decrease in various infectious and other diseases of infancy. Mothers seem to benefit with a more rapid return to the prepregnancy state of their bodies, improved glucose and lipid metabolism, delayed ovulation, and the possible reduction of certain cancers. Proponents of workplace lactation programs cite their benefits to employers as reduced employee absenteeism, increased productivity, increased company loyalty and morale, lower health care costs, and improved employee retention." [CRS RL32002]

Additionally, CRS found in their research that, "In recent years, there has been an expansion in the practice of breastfeeding. As a consequence of this growing trend, 34 states have enacted legislation associated with breastfeeding. The laws vary considerably in their scope and in their coverage." [CRS RL31633]

The patchwork of state laws are laudable, but overall federal protection is needed.

"I have heard many horror stories of women who were fired for trying to figure out a way to express milk at work," said Maloney. "My bill clarifies the Pregnancy Discrimination Act to protect breastfeeding under federal civil rights law, ensuring that women cannot be fired or discriminated against in the workplace for expressing (pumping) milk, or breastfeeding during breaks or lunch time."

BACKGROUND:
Congresswoman Maloney first passed breastfeeding legislation in the 106th Congress when her Right to Breastfeed language was passed as part of the FY 2001 budget, ensuring a woman's right to breastfeed her child on any portion of Federal property where the woman and her child are otherwise authorized to be. In the 105th Congress, Rep. Maloney was able to include in the Special Supplemental Nutrition Program for Women, Infants and Children (WIC) reauthorization bill a measure that allows state agencies to use the WIC food program funds to provide educational materials on breastfeeding, and allows state agencies to use additional WIC funds to purchase breast pumps.

View Congressional Research Service Reports
CRS Report on Benefits of Breastfeeding
CRS Report on State Breastfeeding
Breastfeeding Promotion Act H.R. 2790