Breastfeeding: Federal Legislation (CRS Report for Congress)
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| Release Date |
Revised Oct. 12, 2006 |
| Report Number |
RL32908 |
| Report Type |
Report |
| Authors |
Douglas Reid Weimer, American Law Division |
| Source Agency |
Congressional Research Service |
| Older Revisions |
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Summary:
There has been significant growth in the practice of breastfeeding in recent years. As a result, Congress and numerous state legislatures have considered various proposals concerning different aspects of breastfeeding.
Congress has authorized and funded the Breastfeeding Promotion Program ("Program") as part of the Child Nutrition Programs administered by the Secretary of Agriculture ("Secretary"). Under this Program, the Secretary is directed to establish a breastfeeding promotion program to encourage breastfeeding. Through appropriations legislation, Congress has repeatedly affirmed a mother's right to breastfeed on federal property or in a federal building, if the mother and child are authorized to be in that location. This practice was most recently affirmed in the Consolidated Appropriations Act, 2005, and the practice has been promulgated into federal regulations.
In the 109th Congress, several bills have been introduced concerning breastfeeding. At this time all of the bills are in committee. H.R. 2122, the proposed Pregnancy Discrimination Act Amendments of 2005, was introduced on May 5, 2005. The bill contains provisions which if enacted, would amend title VII of the Civil Rights Act of 1964 (equal employment opportunity) to protect breastfeeding by new mothers; provide tax incentives to employers to encourage breastfeeding by employees; and provide a performance standard for breast pumps. S. 1074, the proposed Healthy Lifestyles and Prevention America Act (or the HeLP America Act), was introduced on May 18, 2005, and contains various provisions dealing with the encouragement of breastfeeding. H.R. 4222, the proposed Child Health Investment for Long-term Development (CHILD and Newborn) Act of 2005, would authorize the President to furnish assistance to improve the health of newborns, children, and mothers in developing countries. The bill was introduced on November 3, 2005. S. 2765, the companion bill to H.R. 4222, was introduced on May 9, 2006. S.Res. 403, introduced on March 16, 2006, would recognize the health, economic, and social benefits of breastfeeding and urge the states to protect a mother's right to breastfeed and to remove the legal barriers faced by women who breastfeed.
This report will be updated as needed. It is expected that legislation concerning breastfeeding may be introduced in the 110th Congress.
