I 

111TH CONGRESS 

1ST SESSION H. R. 2819 

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 HOUSE OF REPRESENTATIVES 

JUNE 11, 2009 

Mrs. MALONEY (for herself, Mrs. CAPPS, Mr. OLVER, Mr. FRANK of Massachusetts, Ms. ROYBAL-ALLARD, Mr. LEVIN, Mr. MEEKS of New York, 

Ms. KAPTUR, Mr. SNYDER, Ms. SCHWARTZ, and Mr. MORAN of Virginia) 

introduced the following bill; which was referred to the Committee on 

Ways and Means, and in addition to the Committees on Energy and 

Commerce and Education and Labor, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions 

as fall within the jurisdiction of the committee concerned 

A BILL 

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. 

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; TABLE OF CONTENTS. 

4 (a) SHORT TITLE.—This Act may be cited as the 

5 ‘‘Breastfeeding Promotion Act of 2009’’. 


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1 (b) TABLE OF CONTENTS.—The table of contents for 

2 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. Short title. 

Sec. 302. Breast pumps. 

TITLE IV—DEFINITION OF MEDICAL CARE IN INTERNAL REVENUE CODE EXPANDED TO INCLUDE BREASTFEEDING EQUIPMENT AND SERVICES 

Sec. 401. Definition of medical care expanded to include breastfeeding equipment and services. 

3 TITLE I—AMENDMENTS TO THE 

4 CIVIL RIGHTS ACT OF 1964 

5 SEC. 101. FINDINGS; PURPOSES. 

6 (a) FINDINGS.—Congress finds the following: 

7 (1) Women with infants and toddlers are a rap8 idly growing segment of the labor force today. 

9 (2) Statistical surveys of families show that 

10 over 50 percent of mothers with children less than 

11 1 year of age are in the labor force. 

12 (3) The American Academy of Pediatrics rec13 ommends that mothers breastfeed exclusively for six 

14 months but continuing for at least the 1st year of 


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1 a child’s life and that arrangements be made to 

2 allow a mother’s expressing of milk if mother and 

3 child must separate. 

4 (4) Research studies show that children who are 

5 not breastfed have higher rates of mortality, menin6 gitis, some types of cancers, asthma and other res7 piratory illnesses, bacterial and viral infections, 

8 diarrhoeal diseases, ear infections, allergies, and obe9 sity. 

10 (5) Research studies have also shown that 

11 breastmilk and breastfeeding have protective effects 

12 against the development of a number of chronic dis13 eases, including juvenile diabetes, lymphomas, 

14 Crohn’s disease, celiac disease, some chronic liver 

15 diseases, and ulcerative colitis. 

16 (6) Maternal benefits of breastfeeding include a 

17 reduced risk for postpartum hemorrhage and de18 creased risk for developing osteoporosis, ovarian can19 cer, and premenopausal breast cancer. 

20 (7) The health benefits to children from 

21 breastfeeding translate into a threefold decrease in 

22 parental absenteeism due to infant illness. 

23 (8) Congress intended to include breastfeeding 

24 and expressing breast milk as protected conduct 

25 under the amendment made by the Pregnancy DisVerDate Nov 24 2008 06:21 Jun 12, 2009 Jkt 079200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H2819.IH H2819

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1 crimination Act of 1978 to title VII of the Civil 

2 Rights Act of 1964. 

3 (9) Although title VII of the Civil Rights Act of 

4 1964, as so amended, applies with respect to ‘‘preg5 nancy, childbirth, or related medical conditions’’, a 

6 few courts have failed to reach the conclusion that 

7 breastfeeding and expressing breast milk in the 

8 workplace are covered by such title. 

9 (b) PURPOSES.—The purposes of this title are— 

10 (1) to promote the health and well-being of in11 fants whose mothers return to the workplace after 

12 childbirth, and 

13 (2) to clarify that breastfeeding and expressing 

14 breast milk in the workplace are protected conduct 

15 under the amendment made by the Pregnancy Dis16 crimination Act of 1978 to title VII of the Civil 

17 Rights Act of 1964. 

18 SEC. 102. AMENDMENTS TO TITLE VII OF THE CIVIL RIGHTS 

19 ACT OF 1964. 

20 Section 701(k) of the Civil Rights Act of 1964 (42 

21 U.S.C. 2000e(k)) is amended— 

22 (1) by inserting ‘‘(including lactation)’’ after 

23 ‘‘childbirth’’, and 

24 (2) by adding at the end the following: ‘‘For 

25 purposes of this subsection, the term ‘lactation’ 


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1 means a condition that may result in the feeding of 

2 a child directly from the breast or the expressing of 

3 milk from the breast.’’. 

4 TITLE II—CREDIT FOR EM5 PLOYER EXPENSES FOR PRO6 VIDING APPROPRIATE ENVI7 RONMENT ON BUSINESS 

8 PREMISES FOR EMPLOYED 

9 MOTHERS TO BREASTFEED 

10 OR EXPRESS MILK FOR THEIR 

11 CHILDREN 

12 SEC. 201. ALLOWANCE OF CREDIT FOR EMPLOYER EX13 PENSES FOR PROVIDING APPROPRIATE ENVI14 RONMENT ON BUSINESS PREMISES FOR EM15 PLOYED MOTHERS TO BREASTFEED OR EX16 PRESS MILK FOR THEIR CHILDREN. 

17 (a) IN GENERAL.—Subpart D of part IV of sub18 chapter A of chapter 1 of the Internal Revenue Code of 

19 1986 (relating to business related credits) is amended by 

20 adding at the end the following new section: 


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1 ‘‘SEC. 45R. CREDIT FOR EMPLOYER EXPENSES INCURRED 

2 TO FACILITATE EMPLOYED MOTHERS WHO 

3 BREASTFEED OR EXPRESS MILK FOR THEIR 

4 CHILDREN. 

5 ‘‘(a) IN GENERAL.—For purposes of section 38, the 

6 breastfeeding promotion and support credit determined 

7 under this section for the taxable year is an amount equal 

8 to 50 percent of the qualified breastfeeding promotion and 

9 support expenditures of the taxpayer for such taxable 

10 year. 

11 ‘‘(b) DOLLAR LIMITATION.—The credit allowable 

12 under subsection (a) for any taxable year shall not exceed 

13 $10,000. 

14 ‘‘(c) QUALIFIED BREASTFEEDING PROMOTION AND

15 SUPPORT EXPENDITURE.—For purposes of this section— 

16 ‘‘(1) IN GENERAL.—The term ‘qualified 

17 breastfeeding promotion and support expenditure’ 

18 means any amount paid or incurred in connection 

19 with a trade or business of the taxpayer— 

20 ‘‘(A) for breast pumps and other equip21 ment specially designed to assist mothers who 

22 are employees of the taxpayer to breastfeed or 

23 express milk for their children but only if such 

24 pumps and equipment meet such standards (if 

25 any) prescribed by the Secretary of Health and 

26 Human Services, and 


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1 ‘‘(B) for consultation services to the tax2 payer or employees of the taxpayer relating to 

3 breastfeeding. 

4 ‘‘(2) COSTS OF OTHER EXCLUSIVE USE PROP5 ERTY INCLUDED.—Such term includes any amount 

6 paid or incurred for the acquisition or lease of tan7 gible personal property (not described in paragraph 

8 (1)(A)) which is exclusively used by mothers who are 

9 employees of the taxpayer to breastfeed or express 

10 milk for their children unless such property is lo11 cated in any residence of the taxpayer or any em12 ployee of the taxpayer. 

13 ‘‘(d) RECAPTURE OF CREDIT.— 

14 ‘‘(1) IN GENERAL.—If, during any taxable year, 

15 any property for which a credit was allowed under 

16 this section is disposed of or otherwise ceases to be 

17 used by the taxpayer as required by this section, 

18 then the tax of the taxpayer under this chapter for 

19 such taxable year shall be increased by an amount 

20 equal to the recapture percentage of the aggregate 

21 decrease in the credits allowed under section 38 for 

22 all prior taxable years which would have resulted 

23 solely from reducing to zero any credit determined 

24 under this section with respect to such property. The 


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1 preceding sentence shall not apply to property leased 

2 to the taxpayer. 

3 ‘‘(2) RECAPTURE PERCENTAGE.—For purposes 

4 of this subsection, the recapture percentage shall be 

5 determined in accordance with the following table: 

‘‘If the recapture event occurs in: The recapture 

percentage is: 

Year 1 ....................................................................................... 100

Year 2 ....................................................................................... 60

Year 3 ....................................................................................... 30

Year 4 or thereafter ................................................................. 0. 

6 The references to years in the preceding table are 

7 references to the consecutive taxable years beginning 

8 with the taxable year in which the property is placed 

9 in service by the taxpayer as year 1. 

10 ‘‘(3) CERTAIN RULES TO APPLY.—Rules similar 

11 to the rules of paragraphs (3) and (4), and subpara12 graphs (B) and (C) of paragraph (5), of section 

13 50(a) shall apply for purposes of this subsection. 

14 ‘‘(e) SPECIAL RULES.—For purposes of this sec15 tion— 

16 ‘‘(1) AGGREGATION RULES.—For purposes of 

17 subsection (b), all persons which are treated as a 

18 single employer under subsection (a) or (b) of sec19 tion 52 shall be treated as a single taxpayer, and the 

20 dollar amount contained in such subsection shall be 

21 allocated among such persons under regulations pre22 scribed by the Secretary. 


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1 ‘‘(2) REDUCTION IN BASIS.—Rules similar to 

2 the rules of paragraphs (1) and (2) of section 50(c), 

3 and section 1016(a)(19), shall apply with respect to 

4 property for which a credit is determined under this 

5 section. 

6 ‘‘(3) OTHER DEDUCTIONS AND CREDITS.—No 

7 deduction or credit shall be allowed under any other 

8 provision of this chapter with respect to any expend9 iture for which a credit is determined under this sec10 tion.’’. 

11 (b) CONFORMING AMENDMENTS.— 

12 (1) Section 38(b) of such Code is amended by 

13 striking ‘‘plus’’ at the end of paragraph (34), by 

14 striking the period at the end of paragraph (35) and 

15 inserting ‘‘, plus’’, and by adding at the end the fol16 lowing new paragraph: 

17 ‘‘(36) the breastfeeding promotion and support 

18 credit determined under section 45R(a).’’. 

19 (2) The table of sections for subpart D of part 

20 IV of subchapter A of chapter 1 of such Code is 

21 amended by adding at the end the following new 

22 item: 

‘‘Sec. 45R. Credit for employer expenses incurred to facilitate employed mothers who breastfeed or express milk for their children.’’. 


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1 (c) EFFECTIVE DATE.—The amendments made by 

2 this section shall apply to taxable years beginning after 

3 December 31, 2009. 

4 TITLE III—SAFE AND EFFECTIVE 

5 BREAST PUMPS 

6 SEC. 301. SHORT TITLE. 

7 This title may be cited as the ‘‘Safe and Effective 

8 Breast Pumps Act’’. 

9 SEC. 302. BREAST PUMPS. 

10 (a) PERFORMANCE STANDARDS.—The Secretary of 

11 Health and Human Services shall take such action as may 

12 be appropriate to put into effect a performance standard 

13 for breast pumps irrespective of the class to which the 

14 breast pumps have been classified under section 513 of 

15 the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 

16 360c). In establishing such standard, the Secretary shall 

17 identify those pumps appropriate for use on a regular 

18 basis in a place of employment based on the efficiency and 

19 effectiveness of the pump and on sanitation factors related 

20 to communal use. Action to put into effect a performance 

21 standard shall be taken within one year of the date of the 

22 enactment of this Act. 

23 (b) COMPLIANCE POLICY GUIDE.—The Secretary of 

24 Health and Human Services, acting through the Commis25 sioner of Food and Drugs, shall issue a compliance policy 


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1 guide which will assure that women who want to 

2 breastfeed a child are given full and complete information 

3 respecting breast pumps. 

4 TITLE IV—DEFINITION OF MED5 ICAL CARE IN INTERNAL REV6 ENUE CODE EXPANDED TO 

7 INCLUDE BREASTFEEDING 

8 EQUIPMENT AND SERVICES 

9 SEC. 401. DEFINITION OF MEDICAL CARE EXPANDED TO IN10 CLUDE BREASTFEEDING EQUIPMENT AND 

11 SERVICES. 

12 (a) IN GENERAL.—Paragraph (1) of section 213(d) 

13 of the Internal Revenue Code of 1986 (defining medical 

14 care) is amended by striking ‘‘or’’ at the end of subpara15 graph (C), by striking the period at the end of subpara16 graph (D) and inserting ‘‘, or’’, and by inserting after sub17 paragraph (D) the following: 

18 ‘‘(E) qualified breastfeeding equipment 

19 and services.’’. 

20 (b) QUALIFIED BREASTFEEDING EQUIPMENT AND

21 SERVICES.—Subsection (d) of section 213 of such Code 

22 (relating to definitions) is amended by adding at the end 

23 the following new paragraph: 

24 ‘‘(12) QUALIFIED BREASTFEEDING EQUIPMENT

25 AND SERVICES.—For purposes of paragraph (1)(E), 


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1 the term ‘qualified breastfeeding equipment and 

2 services’ means— 

3 ‘‘(A) breast pumps and other equipment 

4 specially designed to assist a mother to 

5 breastfeed or express milk for her child but only 

6 if such pumps and equipment meet the stand7 ards (if any) prescribed by the Secretary of 

8 Health and Human Services, and 

9 ‘‘(B) consultation services relating to 

10 breastfeeding.’’. 

11 (c) EFFECTIVE DATE.—The amendments made by 

12 this section shall apply to taxable years beginning after 

13 December 31, 2009. 

14 TITLE V—PRIVACY FOR 

15 BREASTFEEDING MOTHERS 

16 SEC. 501. PRIVACY FOR BREASTFEEDING MOTHERS. 

17 (a) IN GENERAL.—Section 7 of the Fair Labor 

18 Standards Act (29 U.S.C. 207) is amended by adding at 

19 the end the following: 

20 ‘‘(r)(1) An employer shall provide reasonable break 

21 time for an employee to express breast milk for her nurs22 ing child for 1 year after the child’s birth each time such 

23 employee has need to do so. The employer shall make rea24 sonable efforts to provide a place, other than a bathroom, 

25 that is shielded from view and free from intrusion from 


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1 co-workers and the public, which may be used by an em2 ployee to express breast milk. An employer shall not be 

3 required to compensate an employee for any work time 

4 spent for such purpose. 

5 ‘‘(2) For purposes of this subsection, the term ‘em6 ployer’ means an employer as defined in section 3(d) who 

7 employs 50 or more employees for each working day dur8 ing each of 20 or more calendar workweeks in the current 

9 or preceding calendar year.’’. 

10 (b) PENALTY.—Section 16(b) of such Act (29 U.S.C. 

11 216(b)) is amended by inserting after the first sentence 

12 the following: ‘‘Any employee who is harmed by a violation 

13 of section 7(r) of this Act may bring an action to enjoin 

14 such violation and to recover such equitable relief as may 

15 be appropriate to effectuate the purposes of such sec16 tion.’’. 

Æ 


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