I
105TH CONGRESS
2D SESSION
H. R. 3531
To support breastfeeding by new mothers and encourage employers to support
workplace lactation programs, and for other purposes.
IN THE HOUSE OF REPRESENTATIVES
MARCH 24, 1998
Mrs. MALONEY of New York (for herself, Mr. MCDERMOTT, Ms. CHRISTIAN-
GREEN, Mr. GEJDENSON, Mr. HILLIARD, Ms. KAPTUR, Mr. LANTOS, Ms.
LOFGREN, Mr. NADLER, Ms. NORTON, Mr. RUSH, Mrs. THURMAN, and
Ms. WOOLSEY) introduced the following bill; which was referred to the
Committee on Education and the Workforce, and in addition to the Com-
mittees on Ways and Means, House Oversight, Government Reform and
Oversight, and Commerce, for a period to be subsequently determined by
the Speaker, in each case for consideration of such provisions as fall with-
in the jurisdiction of the committee concerned
A BILL
To support breastfeeding by new mothers and encourage
employers to support workplace lactation programs, and
for other purposes.
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 ‘‘New Mothers’
Breastfeeding Promotion and Protection Act of 1998’’.
SEC. 2. FINDINGS.
The Congress finds the following:
(1) Women with infants and toddlers are the
fastest growing segment of today’s labor force.
(2) At least 50 percent of women who are em-
ployed when they become pregnant return to the
labor force by the time their children are 3 months
old.
(3) The American Academy of Pediatrics rec-
ommends breastfeeding for at least the first 12
months of a child’s life. The Academy also rec-
ommends that arrangements be made to provide ex-
pressed breastmilk if mother and child must sepa-
rate.
(4) Breastmilk contains all the nutrients a child
needs for ideal growth and development (including
helpful antibodies, proteins, immune cells, and
growth 
factors 
that 
can 
only 
be 
found 
in
breastmilk), promotes closeness between mother and
child, and is easy to digest.
(5) Breastmilk is the first line of immunization
defense and enhances the effectiveness of vaccines
given to infants.
(6) Research studies show that children who are
not breastfed have higher rates of mortality, men-
ingitis, some types of cancers, asthma and other res-
piratory illnesses, bacterial and viral infections,
diarrhoeal diseases, ear infections, allergies, and obe-
sity.
(7) 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.
(8) A number of recent studies have shown that
breastfed children have higher IQs at all ages.
(9) Breastfeeding promotion and support are an
integral part of nutrition services provided by the
Women, Infants, and Children (WIC) program, and
has been shown to reduce costs. For example, in a
recent cost-benefit study in the State of Colorado, it
was found that exclusively breastfeeding a WIC in-
fant saved $161 in the first 6 months of life when
compared to formula-fed infants. A Medicaid savings
of $112 per infant was realized by this group while
pharmacy costs were approximately 50 percent
lower.
(10) In 1997 the United States had one of the
lowest breastfeeding rates of all industrialized na-
tions and one of the highest rates of infant mortal-
ity.
(11) Breastfeeding has been shown to reduce
the mother’s risk of breast and ovarian cancer, hip
fractures, and osteoporosis.
(12) Breastfeeding releases a hormone in a
woman’s body that causes her uterus to return to its
normal size and shape more quickly, and reduces
blood loss after delivery.
(13) Although title VII of the Civil Rights Act
of 1964 (42 U.S.C. 2000e et seq.) was amended by
the Pregnancy Discrimination Act in 1978 to pro-
hibit discrimination on the basis of pregnancy, child-
birth, or related medical condition, courts have not
interpreted this amendment to include breastfeeding
despite the intent of the Congress to include it.
(14) Women who wish to continue breastfeeding
after returning to work have relatively few needs:
availability of suitable, dependable, efficient breast
pumps; a clean, convenient, safe, private, and com-
fortable location to express milk at the worksite; the
opportunity to pump their breasts frequently enough
to maintain their milk supply; and an adequate place
to temporarily store expressed milk.
(15) Many employers have seen positive results
from facilitating lactation programs in the work-
place, including low absenteeism, high productivity,
high company loyalty, high employee morale, and
lower health care costs.
(16) Parental absenteeism due to infant illness
is 3 times less among the parents of breastfed chil-
dren than those that are formula fed.
(17) Worksite programs that aim to improve in-
fant health may also bring about a reduction in pa-
rental absenteeism and health insurance costs.
(18) Many women do not have available to
them adequate facilities for expressing milk at their
workplace, and are forced to pump in restrooms
lacking privacy, comfort, and cleanliness. Many em-
ployees do not have access to refrigeration or other
adequate storage facilities for expressed milk.
(19) Many employers deny women the oppor-
tunity to breastfeed or express milk. Some women
have been discharged for requesting to breastfeed or
express milk during lunch and other regular breaks.
Some women have been harassed or discriminated
against. Some women have had their pay withheld or
been taken off of shift work for indicating their in-
tention to express milk during the workday.
(20) There are numerous products on the mar-
ket to assist a woman in expressing milk, but not all
such products are effective or efficient. There have
been many reports from physicians and lactation
consultants about breastfeeding failure due to the
use of ineffective breast pumps.
SEC. 3. AMENDMENT 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 ‘‘breastfeeding,’’ after ‘‘child-
birth’’, and
(2) by adding at the end the following: ‘‘For
purposes of this subsection, the term ‘breastfeeding’
means the feeding of a child directly from the breast
or the expression of milk from the breast by a lac-
tating woman.’’.
SEC. 4. ALLOWANCE OF CREDIT FOR EMPLOYER EXPENSES
FOR 
PROVIDING 
APPROPRIATE 
ENVIRON-
MENT 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:
‘‘SEC. 45D. CREDIT FOR EMPLOYER EXPENSES INCURRED
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.
‘‘(b) DOLLAR LIMITATION.—The credit allowable
under subsection (a) for any taxable year shall not exceed
the product of—
‘‘(1) $10,000, and
‘‘(2) the number determined by dividing the av-
erage number of full-time employees of the taxpayer
during the preceding taxable year by 8,000.
‘‘(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 under section 5 of the New
Mothers’ Breastfeeding Promotion and Protec-
tion Act of 1998, and
‘‘(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
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:
The recapture
‘‘If the recapture event occurs in:
percentage is:
Year 1 ........................................................................
100
Year 2 ........................................................................
Year 3 ........................................................................
Year 4 or thereafter ..................................................
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
section—
‘‘(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.
‘‘(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—
(A) by striking ‘‘plus’’ at the end of para-
graph (11),
(B) by striking the period at the end of
paragraph (12) and inserting ‘‘, plus’’, and
(C) by adding at the end the following new
paragraph:
‘‘(13) the breastfeeding promotion and support
credit determined under section 45D(a).’’
(2) Subsection (d) of section 39 of such Code
(relating to carryback and carryforward of unused
credits) is amended by adding at the end the follow-
ing new paragraph:
‘‘(9) NO CARRYBACK OF SECTION 45D CREDIT
BEFORE JANUARY 1, 1999.—No portion of the un-
used business credit for any taxable year which is
attributable to the credit determined under section
45D may be carried back to a taxable year begin-
ning before January 1, 1999.’’.
(3) 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. 45D. Credit for employer expenses incurred to facilitate em-
ployed mothers who breastfeed or express milk for
their children.’’
(c) EFFECTIVE DATE.—The amendments made by
this section shall apply to taxable years beginning after
December 31, 1998.
SEC. 5. BREAST PUMPS.
(a) PERFORMANCE STANDARDS.—The Secretary of
Health and Human Services shall take such action as may
be appropriate to put into effect a performance standard
for breast pumps irrespective of the class to which the de-
vice has been classified under section 513 of the Federal
Food, Drug, and Cosmetic Act (21 U.S.C. 360c). In estab-
lishing such standard, the Secretary shall identify those
pumps appropriate for use on a regular basis in a place
of employment based on the efficiency and effectiveness
of the pump and on sanitation factcors related to com-
munal use. Action for a performance standard shall be
taken within one year of the date of the enactment 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 which will assure that women who want to
breastfeed a child are given full and complete information
respecting breast pumps.
SEC. 6. FAMILY AND MEDICAL LEAVE FOR NURSING MOTH-
ERS’ BREAKS.
(a) PRIVATE AND PUBLIC SECTOR EMPLOYEES.—
(1) AMENDMENT.—Section 102(a) of the Fam-
ily and Medical Leave Act of 1993 (29 U.S.C.
2612(a)) is amended by adding at the end the fol-
lowing:
‘‘(3) NURSING MOTHERS’ BREAKS.—A lactating
mother who is entitled to leave under paragraph
(1)(A) or (1)(B) shall, during the first 12-month pe-
riod for which the employee is entitled to such leave
under paragraph (2), be given up to one hour in
each 8 hour work day in such period to express milk
for a child. The time may be taken in 2 one-half
hour periods or in 3 20 minute periods. For work
shifts longer or shorter than 8 hours proportional
adjustments shall be made in the time given an em-
ployee to express milk for a child. The time taken
will not be charged against the employee’s entitle-
ment to leave under paragraph (1). Unless otherwise
deemed to be compensable hours of work under ap-
plicable Federal, State, or local law, employers are
not required to compensate employees for time
under this paragraph. Such an employee shall give
the employee’s employer notice, in accordance with
subsection (e)(1), that the employee will want the
time provided by this paragraph.’’.
(2) INTERMITTENT LEAVE.—The first sentence
of section 102(b) of the Family and Medical Leave
Act of 1993 (29 U.S.C. 2612(b)) is amended by
adding before the period the following: ‘‘or unless
the leave is taken under subsection (a)(3)’’.
(3) REGULATIONS.—Within 180 days of the
date of the enactment of this Act, the Secretary of
Labor shall promulgate regulations for the imple-
mentation of the amendment made by paragraph
(1).
(b) FEDERAL EMPLOYEES.—
(1) GENERAL RULE.—Section 6382(a) of title
5, United States Code is amended by adding at the
end the following:
‘‘(3) An employee who is a lactating mother who is
entitled to leave under paragraph (1)(A) or (1)B) shall,
during the first 12-month period for which the employee
is entitled to such leave under paragraph (2), be given up
to one hour in each 8 hour work day in such period to
express milk for the child. The time may be taken in 2
one-half hour periods or in 3 20 minute periods. For work
shifts longer or shorter than 8 hours proportional adjust-
ments shall be made in the time given an employee to ex-
press milk for a child. The time taken will not be charged
against the employee’s entitlement to leave under para-
graph (1). Unless otherwise deemed to be compensable
hours of work under applicable Federal law, employees are
not required to be compensated for time under this para-
graph. Such an employee shall give the employee’s em-
ployer notice, in accordance with subsection (e)(1), that
the employee will want the time provided by this para-
graph.’’.
(2) INTERMITTENT LEAVE.—The first sentence
of section 6382(b)(1) of title 5, United States Code,
is amended by adding before the period the follow-
ing: ‘‘or unless the leave is taken under subsection
(a)(3)’’.
(c) PURPOSE OF AMENDMENTS.—The purpose of the
amendments made by this section is to establish a legal
minimum for the amount of time that a woman is entitled
to express milk at the workplace. The amendments are
not intended to preclude an employer from voluntarily pro-
viding more time for the employee to express milk or to
diminish any rights the woman would otherwise have pur-
suant to the employer’s sick leave or vacation policy or
under the Family and Medical Leave Act of 1993.
SEC. 7. CAMPAIGN REGARDING BREASTFEEDING AND
HEALTH OF INFANTS.
The Secretary of Health and Human Services, acting
through the Maternal and Child Health Bureau of the
Health Resources and Services Administration and in co-
operation with the Secretary of Agriculture and the heads
of such other Federal agencies as the Secretary of Health
and Human Services determines to be appropriate, shall
undertake a campaign aimed at health professionals and
the general public to promote the benefits of breastfeeding
for infants, mothers, and families. Activities under the
program shall include providing such education to public
and private health professionals who provide health serv-
ices under Federal programs (including health programs
for Federal employees).
SEC. 8. INCREASED SUPPORT FOR BREASTFEEDING PRO-
MOTION AND SUPPORT ACTIVITIES UNDER
THE WIC PROGRAM.
Section 17(h)(3) of the Child Nutrition Act of 1966
(42 U.S.C. 1786(h)(3)) is amended by adding at the end
the following:
‘‘(H) Notwithstanding any provision in this sub-
section that requires a State agency to fund breastfeeding
promotion and support activities from amounts made
available for nutrition services and administration, a State
agency may use funds made available for food benefits
under this section (including savings from infant formula
cost containment) for such breastfeeding promotion and
support activities.’’.
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