Source document: https://docs-lawep.s3.us-east-2.amazonaws.com/1696590907810.pdf (United States)
II 111TH CONGRESS 1ST SESSION S. 1244 To amend the Civil Rights Act of 1964 to protect breastfeeding by new mothers, to provide for a performance standard for breast pumps, and to provide tax incentives to encourage breastfeeding.
IN THE SENATE OF THE UNITED STATES JUNE 11, 2009 Mr. MERKLEY introduced the following bill; which was read twice and referred to the Committee on Finance A BILL To amend the Civil Rights Act of 1964 to protect breastfeeding by new mothers, to provide for a perform- ance standard for breast pumps, and to provide tax incentives to encourage breastfeeding.

1 Be it enacted by the Senate and House of Representa- tives of the United States of America in Congress assembled, SECTION 1.
SHORT TITLE; TABLE OF CONTENTS.

(a) SHORT TITLE.—This Act may be cited as the ‘‘Breastfeeding Promotion Act of 2009’’.

(b) TABLE OF CONTENTS.—The table of contents for this Act is as follows: Sec.

1.

Short title; table of contents.

TITLE I—AMENDMENTS TO THE CIVIL RIGHTS ACT OF 1964 Sec.

101.

Findings; purposes.

Sec.

102.


Amendments to title VII of the Civil Rights Act of 1964.

TITLE II—CREDIT FOR EMPLOYER EXPENSES FOR PROVIDING APPROPRIATE ENVIRONMENT ON BUSINESS PREMISES FOR EMPLOYED MOTHERS TO BREASTFEED OR EXPRESS MILK FOR THEIR CHILDREN Sec.

201.

Allowance of credit for employer expenses for providing appropriate environment on business premises for employed mothers to breastfeed or express milk for their children.

TITLE III—SAFE AND EFFECTIVE BREAST PUMPS Sec.

301.
301.

Short title.

Sec.

302.

Breast pumps.

TITLE IV—DEFINITION OF MEDICAL CARE IN INTERNAL REV- ENUE CODE EXPANDED TO INCLUDE BREASTFEEDING EQUIP- MENT AND SERVICES Sec.

401.

Definition of medical care expanded to include breastfeeding equip- ment and services.

TITLE V—PRIVACY FOR BREASTFEEDING MOTHERS Sec.

501.

Privacy for breastfeeding mothers.

TITLE I—AMENDMENTS TO THE CIVIL RIGHTS ACT OF 1964 SEC.

101.

FINDINGS; PURPOSES.


(a) FINDINGS.—Congress finds the following: (1) Women with infants and toddlers are a rap- idly growing segment of the labor force today.

(2) Statistical surveys of families show that over 50 percent of mothers with children less than 1 year of age are in the labor force.
(3) The American Academy of Pediatrics rec- ommends that mothers breastfeed exclusively for 6 months and continue breastfeeding for at least the first year of a child’s life, and that arrangements be •S 1244 IS made to allow a mother’s expressing of milk if moth- er and child must separate.
(4) Research studies show that children who are not breastfeed have higher rates of mortality, menin- gitis, some types of cancers, asthma and other res- piratory illnesses, bacterial and viral infections, diarrhoeal diseases, ear infections, allergies, and obe- sity.
(5) Research studies have also shown that breastmilk and breastfeeding have protective effects against the development of a number of chronic dis- eases, including juvenile diabetes, lymphomas, Crohn’s disease, celiac disease, some chronic liver diseases, and ulcerative colitis.

(6) Maternal benefits of breastfeeding include a reduced risk for postpartum hemorrhage and de- creased risk for developing osteoporosis, ovarian can- cer, and premenopausal breast cancer.
(7) The health benefits to children from breastfeeding translate into a threefold decrease in parental absenteeism due to infant illness.
(8) Congress intended to include breastfeeding and expressing breast milk as protected conduct under the amendment made to title VII of the Civil Rights Act of 1964 by the Act entitled ‘‘An Act to •S 1244 IS amend title VII of the Civil Rights Act of 1964 to prohibit sex discrimination on the basis of preg- nancy’’, approved October 31, 1978 (commonly known as the ‘‘Pregnancy Discrimination Act’’).
(9) Although title VII of the Civil Rights Act of 1964, as so amended, applies with respect to ‘‘preg- nancy, childbirth, or related medical conditions’’, a few courts have failed to reach the conclusion that breastfeeding and expressing breast milk in the workplace are covered by such title.
(b) PURPOSES.—The purposes of this title are— (1) to promote the health and well-being of in- fants whose mothers return to the workplace after childbirth; and (2) to clarify that breastfeeding and expressing breast milk in the workplace are protected conduct under the amendment made by the Act commonly known as the ‘‘Pregnancy Discrimination Act’’ to title VII of the Civil Rights Act of 1964.

SEC.

102.

AMENDMENTS TO TITLE VII OF THE CIVIL RIGHTS ACT OF 1964.
Section 701(k) of the Civil Rights Act of 1964 (42 U.S.C.
2000e(k)) is amended— (1) by inserting ‘‘(including lactation)’’ after ‘‘childbirth’’; and •S 1244 IS (2) by adding at the end the following: ‘‘For purposes of this subsection, the term ‘lactation’ means a condition that may result in the feeding of a child directly from the breast or the expressing of milk from the breast.’’.
TITLE II—CREDIT FOR EM- PLOYER EXPENSES FOR PRO- VIDING APPROPRIATE ENVI- RONMENT BUSINESS ON PREMISES FOR EMPLOYED MOTHERS TO BREASTFEED OR EXPRESS MILK FOR THEIR CHILDREN SEC.

201.

ALLOWANCE OF CREDIT FOR EMPLOYER EX- PENSES FOR PROVIDING APPROPRIATE ENVI- RONMENT ON BUSINESS PREMISES FOR EM- PLOYED MOTHERS TO BREASTFEED OR EX- PRESS MILK FOR THEIR CHILDREN.
(a) IN GENERAL.—Subpart D of part IV of sub- chapter A of chapter 1 of the Internal Revenue Code of 1986 (relating to business related credits) is amended by adding at the end the following new section: •S 1244 IS ‘‘SEC.

45R.
45R.

CREDIT FOR EMPLOYER EXPENSES INCURRED 6 TO FACILITATE EMPLOYED MOTHERS WHO BREASTFEED OR EXPRESS MILK FOR THEIR CHILDREN.

‘‘(a) IN GENERAL.—For purposes of section 38, the breastfeeding promotion and support credit determined under this section for the taxable year is an amount equal to 50 percent of the qualified breastfeeding promotion and support expenditures of the taxpayer for such taxable year.
11 12 ‘‘(b) DOLLAR LIMITATION.—The credit allowable under subsection (a) for any taxable year shall not exceed 13 $10,000.
26 ‘‘(c) QUALIFIED BREASTFEEDING PROMOTION AND SUPPORT EXPENDITURE.—For purposes of this section— ‘‘(1) IN GENERAL.—The term ‘qualified breastfeeding promotion and support expenditure’ means any amount paid or incurred in connection with a trade or business of the taxpayer— ‘‘(A) for breast pumps and other equip- ment specially designed to assist mothers who are employees of the taxpayer to breastfeed or express milk for their children but only if such pumps and equipment meet such standards (if any) prescribed by the Secretary of Health and Human Services, and •S 1244 IS ‘‘(B) for consultation services to the tax- payer or employees of the taxpayer relating to breastfeeding.
‘‘(2) COSTS OF OTHER EXCLUSIVE USE PROP- ERTY INCLUDED.—Such term includes any amount paid or incurred for the acquisition or lease of tan- gible personal property (not described in paragraph (1)(A)) which is exclusively used by mothers who are employees of the taxpayer to breastfeed or express milk for their children unless such property is lo- cated in any residence of the taxpayer or any em- ployee of the taxpayer.
‘‘(d) RECAPTURE OF CREDIT.— ‘‘(1) IN GENERAL.—If, during any taxable year, any property for which a credit was allowed under this section is disposed of or otherwise ceases to be used by the taxpayer as required by this section, then the tax of the taxpayer under this chapter for such taxable year shall be increased by an amount equal to the recapture percentage of the aggregate decrease in the credits allowed under section 38 for all prior taxable years which would have resulted solely from reducing to zero any credit determined under this section with respect to such property.
The •S 1244 IS 8 preceding sentence shall not apply to property leased to the taxpayer.
‘‘(2) RECAPTURE PERCENTAGE.—For purposes of this subsection, the recapture percentage shall be determined in accordance with the following table: ‘‘If the recapture event occurs in: The recapture percentage is: Year 1 ....................................................................................... Year 2 ....................................................................................... Year 3 ....................................................................................... Year 4 or thereafter ................................................................. 100 60 30 0.
The references to years in the preceding table are references to the consecutive taxable years beginning with the taxable year in which the property is placed in service by the taxpayer as year 1.

‘‘(3) CERTAIN RULES TO APPLY.—Rules similar to the rules of paragraphs (3) and (4), and subpara- graphs (B) and (C) of paragraph (5), of section 50(a) shall apply for purposes of this subsection.
‘‘(e) SPECIAL RULES.—For purposes of this sec- tion— ‘‘(1) AGGREGATION RULES.—For purposes of subsection (b), all persons which are treated as a single employer under subsection (a) or (b) of sec- tion 52 shall be treated as a single taxpayer, and the dollar amount contained in such subsection shall be allocated among such persons under regulations pre- scribed by the Secretary.
•S 1244 IS ‘‘(2) REDUCTION IN BASIS.—Rules similar to the rules of paragraphs (1) and (2) of section 50(c), and section 1016(a)(19), shall apply with respect to property for which a credit is determined under this section.
‘‘(3) OTHER DEDUCTIONS AND CREDITS.—No deduction or credit shall be allowed under any other provision of this chapter with respect to any expend- iture for which a credit is determined under this sec- tion.’’.
(b) CONFORMING AMENDMENTS.— (1) Section 38(b) of such Code is amended by striking ‘‘plus’’ at the end of paragraph (34), by striking the period at the end of paragraph (35) and inserting ‘‘, plus’’, and by adding at the end the fol- lowing new paragraph: ‘‘(36) the breastfeeding promotion and support credit determined under section 45R(a).’’.

(2) The table of sections for subpart D of part IV of subchapter A of chapter 1 of such Code is amended by adding at the end the following new item: ‘‘Sec.

45R.
45R.

Credit for employer expenses incurred to facilitate employed moth- ers who breastfeed or express milk for their children’’.

 •S 1244 IS (c) EFFECTIVE DATE.—The amendments made by this section shall apply to taxable years beginning after December 31, 2009.
TITLE III—SAFE AND EFFECTIVE BREAST PUMPS SEC.

301.

SHORT TITLE.

This title may be cited as the ‘‘Safe and Effective Breast Pumps Act’’.

SEC.

302.

BREAST PUMPS.

(a) PERFORMANCE STANDARDS.— (1) IN GENERAL.—The Secretary of Health and Human Services shall take such action as may be appropriate to put into effect a performance stand- ard for breast pumps irrespective of the class to which the breast pumps have been classified under section 513 of the Federal Food, Drug, and Cos- metic Act (21 U.S.C.
360c).

(2) IDENTIFICATION OF PUMPS.—In estab- lishing the performance standard under paragraph (1), the Secretary shall identify those pumps appro- priate for use on a regular basis in a place of em- ployment based on the efficiency and effectiveness of the pump and on sanitation factors related to com- munal use.
•S 1244 IS 11 (3) TIMELINE.—Action to put into effect the performance standard under paragraph (1) shall be taken not later than 1 year after the date of enact- ment of this Act.
(b) COMPLIANCE POLICY GUIDE.—The Secretary of Health and Human Services, acting through the Commis- sioner of Food and Drugs, shall issue a compliance policy guide that will ensure that women who want to breastfeed a child are given full and complete information respecting breast pumps.

TITLE IV—DEFINITION OF MED- ICAL CARE IN INTERNAL REV- ENUE CODE EXPANDED TO BREASTFEEDING INCLUDE EQUIPMENT AND SERVICES SEC.

401.

DEFINITION OF MEDICAL CARE EXPANDED TO IN- CLUDE BREASTFEEDING EQUIPMENT AND SERVICES.
(a) IN GENERAL.—Paragraph (1) of section 213(d) of the Internal Revenue Code of 1986 (defining medical care) is amended by striking ‘‘or’’ at the end of subpara- graph (C), by striking the period at the end of subpara- graph (D) and inserting ‘‘, or’’, and by inserting after sub- 24 paragraph (D) the following •S 1244 IS 12 ‘‘(E) qualified breastfeeding equipment and services.’’.
(b) QUALIFIED BREASTFEEDING EQUIPMENT AND SERVICES.—Subsection (d) of section 213 of such Code (relating to definitions) is amended by adding at the end the following new paragraph: ‘‘(12) QUALIFIED BREASTFEEDING EQUIPMENT AND SERVICES.—For purposes of paragraph (1)(E), the term ‘qualified breastfeeding equipment and services’ means— ‘‘(A) breast pumps and other equipment specially designed to assist a mother to breastfeed or express milk for her child but only if such pumps and equipment meet the stand- ards (if any) prescribed by the Secretary of Health and Human Services, and ‘‘(B) consultation services relating to breastfeeding.’’.
(c) EFFECTIVE DATE.—The amendments made by this section shall apply to taxable years beginning after December 31, 2009 •S 1244 IS 13 TITLE V—PRIVACY FOR BREASTFEEDING MOTHERS SEC.

501.

PRIVACY FOR BREASTFEEDING MOTHERS.


(a) IN GENERAL.—Section 7 of the Fair Labor Standards Act (29 U.S.C.

207) is amended by adding at the end the following: ‘‘(r)(1) An employer shall provide reasonable break time for an employee to express breast milk for her nurs- ing child for 1 year after the child’s birth each time such employee has need to express the milk.
The employer shall make reasonable efforts to provide a place, other than a bathroom, that is shielded from view and free from intru- sion from coworkers and the public, which may be used by an employee to express breast milk.

An employer shall not be required to compensate an employee for any work time spent for such purpose.
17 18 19 20 ‘‘(2) For purposes of this subsection, the term ‘em- ployer’ means an employer as defined in section 3(d) who employs 50 or more employees for each working day dur- ing each of 20 or more calendar workweeks in the current 21 or preceding calendar year.’’.

22 23 24 25 (b) PENALTY.—Section 16(b) of such Act (29 U.S.C.
216(b)) is amended by inserting after the first sentence the following: ‘‘In lieu of any other remedy under this sec- tion or section 17, any employee who is harmed by a viola- •S 1244 IS 14 1 2 3 tion of section 7(r) may bring an action to enjoin such violation and to recover such equitable relief as may be appropriate to effectuate the purposes of such section.’’.
•S 1244 IS