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. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Exemplary 
Breastfeeding Support Act’’. 
SEC. 2. SUPPORT FOR BREASTFEEDING IN THE WIC PRO-
GRAM. 
(a) IN GENERAL.—Section 17 of the Child Nutrition 
Act of 1966 (42 U.S.C. 1786) is amended— 
VerDate Nov 24 2008 
03:46 Sep 23, 2009
Jkt 079200
PO 00000
Frm 00001
Fmt 6652
Sfmt 6201
E:\BILLS\H3626.IH
H3626
rfrederick on DSKD9S0YB1PROD with BILLS
(1) in subsection (a), in the second sentence, by 
striking ‘‘supplemental foods and nutrition education 
through any eligible local agency’’ and inserting 
‘‘supplemental foods and nutrition education, includ-
ing breastfeeding promotion and support, through 
any eligible local agency’’; and 
(2) in subsection (h)(4)— 
(A) by striking ‘‘(4) The Secretary’’ and 
all that follows through ‘‘(A) in consultation’’ 
and inserting the following: 
‘‘(4) REQUIREMENTS.— 
‘‘(A) IN GENERAL.—The Secretary shall— 
‘‘(i) in consultation’’; 
(i) by redesignating subparagraphs 
(B) through (F) as clauses (ii) through 
(vi), respectively, and indenting appro-
priately; 
(ii) in clause (v) (as so redesignated), 
by striking ‘‘and’’ at the end; 
(iii) in clause (vi) (as so redesig-
nated), by striking ‘‘2010 initiative.’’ and 
inserting ‘‘initiative; and’’; and 
(iv) by adding at the end the fol-
lowing: 
VerDate Nov 24 2008 
03:46 Sep 23, 2009
Jkt 079200
PO 00000
Frm 00002
Fmt 6652
Sfmt 6201
E:\BILLS\H3626.IH
H3626
rfrederick on DSKD9S0YB1PROD with BILLS
‘‘(vii) annually compile and publish 
breastfeeding performance measurements 
based on program participant data on the 
number of partially and fully breastfed in-
fants, including breastfeeding performance 
measurements for— 
‘‘(I) each State agency; and 
‘‘(II) each local agency; 
‘‘(viii) in accordance with subpara-
graph (B), implement a program to recog-
nize exemplary breastfeeding support prac-
tices at local agencies or clinics partici-
pating in the special supplemental nutri-
tion program established under this sec-
tion; and 
‘‘(ix) in accordance with subparagraph 
(C), implement a program to provide per-
formance bonuses to State agencies partici-
pating in the special supplemental nutri-
tion program established under this section 
that achieve— 
‘‘(I) the highest proportion of 
participating breastfed infants; or 
VerDate Nov 24 2008 
03:46 Sep 23, 2009
Jkt 079200
PO 00000
Frm 00003
Fmt 6652
Sfmt 6201
E:\BILLS\H3626.IH
H3626
rfrederick on DSKD9S0YB1PROD with BILLS
‘‘(II) the greatest improvement in 
proportion of participating breastfed 
infants. 
‘‘(B) EXEMPLARY
BREASTFEEDING
SUP-
PORT
PRACTICES.—In evaluating exemplary 
practices under subparagraph (A)(viii), the Sec-
retary shall consider— 
‘‘(i) performance measurements of 
breastfeeding; 
‘‘(ii) the effectiveness of a peer coun-
selor program; 
‘‘(iii) the extent to which the agency 
or clinic has partnered with other entities 
to build a supportive breastfeeding envi-
ronment for women participating in the 
program; and 
‘‘(iv) such other criteria as the Sec-
retary considers appropriate after consulta-
tion with State and local program agen-
cies. 
‘‘(C) PERFORMANCE BONUSES.— 
‘‘(i) IN
GENERAL.—Following the 
publication of breastfeeding performance 
measurements 
under 
subparagraph 
(A)(vii), the Secretary shall provide per-
VerDate Nov 24 2008 
03:46 Sep 23, 2009
Jkt 079200
PO 00000
Frm 00004
Fmt 6652
Sfmt 6201
E:\BILLS\H3626.IH
H3626
rfrederick on DSKD9S0YB1PROD with BILLS