I 

111TH CONGRESS 

1ST SESSION H. R. 3626 

To amend section 17 of the Child Nutrition Act of 1966 (42 U.S.C. 1786) 

to promote and support breastfeeding. 

IN THE HOUSE OF REPRESENTATIVES 

SEPTEMBER 22, 2009 

Mrs. MCCARTHY of New York (for herself and Mrs. MALONEY) introduced the 

following bill; which was referred to the Committee on Education and Labor 

A BILL 

To amend section 17 of the Child Nutrition Act of 1966 

(42 U.S.C. 1786) to promote and support breastfeeding. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Exemplary 

5 Breastfeeding Support Act’’. 

6 SEC. 2. SUPPORT FOR BREASTFEEDING IN THE WIC PRO7 GRAM. 

8 (a) IN GENERAL.—Section 17 of the Child Nutrition 

9 Act of 1966 (42 U.S.C. 1786) is amended— 


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1 (1) in subsection (a), in the second sentence, by 

2 striking ‘‘supplemental foods and nutrition education 

3 through any eligible local agency’’ and inserting 

4 ‘‘supplemental foods and nutrition education, includ5 ing breastfeeding promotion and support, through 

6 any eligible local agency’’; and 

7 (2) in subsection (h)(4)— 

8 (A) by striking ‘‘(4) The Secretary’’ and 

9 all that follows through ‘‘(A) in consultation’’ 

10 and inserting the following: 

11 ‘‘(4) REQUIREMENTS.— 

12 ‘‘(A) IN GENERAL.—The Secretary shall— 

13 ‘‘(i) in consultation’’; 

14 (i) by redesignating subparagraphs 

15 (B) through (F) as clauses (ii) through 

16 (vi), respectively, and indenting appro17 priately; 

18 (ii) in clause (v) (as so redesignated), 

19 by striking ‘‘and’’ at the end; 

20 (iii) in clause (vi) (as so redesig21 nated), by striking ‘‘2010 initiative.’’ and 

22 inserting ‘‘initiative; and’’; and 

23 (iv) by adding at the end the fol24 lowing: 


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1 ‘‘(vii) annually compile and publish 

2 breastfeeding performance measurements 

3 based on program participant data on the 

4 number of partially and fully breastfed in5 fants, including breastfeeding performance 

6 measurements for— 

7 ‘‘(I) each State agency; and 

8 ‘‘(II) each local agency; 

9 ‘‘(viii) in accordance with subpara10 graph (B), implement a program to recog11 nize exemplary breastfeeding support prac12 tices at local agencies or clinics partici13 pating in the special supplemental nutri14 tion program established under this sec15 tion; and 

16 ‘‘(ix) in accordance with subparagraph 

17 (C), implement a program to provide per18 formance bonuses to State agencies partici19 pating in the special supplemental nutri20 tion program established under this section 

21 that achieve— 

22 ‘‘(I) the highest proportion of 

23 participating breastfed infants; or 


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1 ‘‘(II) the greatest improvement in 

2 proportion of participating breastfed 

3 infants. 

4 ‘‘(B) EXEMPLARY BREASTFEEDING SUP5 PORT PRACTICES.—In evaluating exemplary 

6 practices under subparagraph (A)(viii), the Sec7 retary shall consider— 

8 ‘‘(i) performance measurements of 

9 breastfeeding; 

10 ‘‘(ii) the effectiveness of a peer coun11 selor program; 

12 ‘‘(iii) the extent to which the agency 

13 or clinic has partnered with other entities 

14 to build a supportive breastfeeding envi15 ronment for women participating in the 

16 program; and 

17 ‘‘(iv) such other criteria as the Sec18 retary considers appropriate after consulta19 tion with State and local program agen20 cies. 

21 ‘‘(C) PERFORMANCE BONUSES.— 

22 ‘‘(i) IN GENERAL.—Following the 

23 publication of breastfeeding performance 

24 measurements under subparagraph 

25 (A)(vii), the Secretary shall provide perVerDate Nov 24 2008 03:46 Sep 23, 2009 Jkt 079200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\H3626.IH H3626

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1 formance bonus payments to State agen2 cies that demonstrate— 

3 ‘‘(I) the highest proportion of 

4 participating breastfed infants, as 

5 compared to other State agencies par6 ticipating in the program; or 

7 ‘‘(II) the greatest improvement in 

8 proportion of participating breastfed 

9 infants, as compared to other State 

10 agencies participating in the program. 

11 ‘‘(ii) CONSIDERATION.—In providing 

12 performance bonus payments to State 

13 agencies under this subparagraph, the Sec14 retary shall consider a State agency’s pro15 portion of participating fully breastfed in16 fants. 

17 ‘‘(iii) USE OF FUNDS.—A State agen18 cy that receives a performance bonus 

19 under clause (i)— 

20 ‘‘(I) shall treat the funds as pro21 gram income; and 

22 ‘‘(II) may transfer the funds to 

23 local agencies for use in carrying out 

24 the program. 


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1 ‘‘(iv) IMPLEMENTATION.—The Sec2 retary shall provide the first performance 

3 bonuses not later than 1 year after the 

4 date of enactment of this clause and may 

5 subsequently revise the criteria for award6 ing performance bonuses. 

7 ‘‘(D) AUTHORIZATION OF APPROPRIA8 TIONS.—There are authorized to be appro9 priated such sums as may be necessary to carry 

10 out clauses (vii), (viii), and (ix) of subpara11 graph (A).’’ 

12 (b) BREAST PUMPS.—Section 17(h)(1)(C)(ii) of the 

13 Child Nutrition Act of 1966 (42 U.S.C. 1786(h)(1)(C)(ii)) 

14 is amended by inserting ‘‘, including amounts provided 

15 through a contingency reserve under the terms and condi16 tions established by the Secretary,’’ after ‘‘clause (i)’’. 

Æ 


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