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 Massa-
chusetts, 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 de-
termined 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 perform-
ance standard for breast pumps; and to provide tax 
incentives to encourage 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; TABLE OF CONTENTS. 
(a) SHORT TITLE.—This Act may be cited as the 
‘‘Breastfeeding Promotion Act of 2009’’. 
VerDate Nov 24 2008 
06:21 Jun 12, 2009
Jkt 079200
PO 00000
Frm 00001
Fmt 6652
Sfmt 6201
E:\BILLS\H2819.IH
H2819
jbell on PROD1PC69 with BILLS
(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. 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 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 six 
months but continuing for at least the 1st year of 
VerDate Nov 24 2008 
06:21 Jun 12, 2009
Jkt 079200
PO 00000
Frm 00002
Fmt 6652
Sfmt 6201
E:\BILLS\H2819.IH
H2819
jbell on PROD1PC69 with BILLS
a child’s life and that arrangements be made to 
allow a mother’s expressing of milk if mother and 
child must separate. 
(4) Research studies show that children who are 
not breastfed 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 by the Pregnancy Dis-
VerDate Nov 24 2008 
06:21 Jun 12, 2009
Jkt 079200
PO 00000
Frm 00003
Fmt 6652
Sfmt 6201
E:\BILLS\H2819.IH
H2819
jbell on PROD1PC69 with BILLS
crimination Act of 1978 to title VII of the Civil 
Rights Act of 1964. 
(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 Pregnancy Dis-
crimination Act of 1978 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 
(2) by adding at the end the following: ‘‘For 
purposes of this subsection, the term ‘lactation’ 
VerDate Nov 24 2008 
06:21 Jun 12, 2009
Jkt 079200
PO 00000
Frm 00004
Fmt 6652
Sfmt 6201
E:\BILLS\H2819.IH
H2819
jbell on PROD1PC69 with BILLS
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 
ON 
BUSINESS 
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: 
VerDate Nov 24 2008 
06:21 Jun 12, 2009
Jkt 079200
PO 00000
Frm 00005
Fmt 6652
Sfmt 6201
E:\BILLS\H2819.IH
H2819
jbell on PROD1PC69 with BILLS
‘‘SEC. 45R. 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 
$10,000. 
‘‘(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, and 
VerDate Nov 24 2008 
06:21 Jun 12, 2009
Jkt 079200
PO 00000
Frm 00006
Fmt 6652
Sfmt 6201
E:\BILLS\H2819.IH
H2819
jbell on PROD1PC69 with BILLS
co-workers and the public, which may be used by an em-
ployee to express breast milk. An employer shall not be 
required to compensate an employee for any work time 
spent for such purpose. 
‘‘(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 
or preceding calendar year.’’. 
(b) PENALTY.—Section 16(b) of such Act (29 U.S.C. 
216(b)) is amended by inserting after the first sentence 
the following: ‘‘Any employee who is harmed by a violation 
of section 7(r) of this Act may bring an action to enjoin 
such violation and to recover such equitable relief as may 
be appropriate to effectuate the purposes of such sec-
tion.’’. 
Æ 
VerDate Nov 24 2008 
06:21 Jun 12, 2009
Jkt 079200
PO 00000
Frm 00013
Fmt 6652
Sfmt 6301
E:\BILLS\H2819.IH
H2819
jbell on PROD1PC69 with BILLS