[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3626 Introduced in House (IH)]

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 Representatives 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 PROGRAM.

    (a) In General.--Section 17 of the Child Nutrition Act of 1966 (42 
U.S.C. 1786) is amended--
            (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, including 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 appropriately;
                            (ii) in clause (v) (as so redesignated), by 
                        striking ``and'' at the end;
                            (iii) in clause (vi) (as so redesignated), 
                        by striking ``2010 initiative.'' and inserting 
                        ``initiative; and''; and
                            (iv) by adding at the end the following:
                            ``(vii) annually compile and publish 
                        breastfeeding performance measurements based on 
                        program participant data on the number of 
                        partially and fully breastfed infants, 
                        including breastfeeding performance 
                        measurements for--
                                    ``(I) each State agency; and
                                    ``(II) each local agency;
                            ``(viii) in accordance with subparagraph 
                        (B), implement a program to recognize exemplary 
                        breastfeeding support practices at local 
                        agencies or clinics participating in the 
                        special supplemental nutrition program 
                        established under this section; and
                            ``(ix) in accordance with subparagraph (C), 
                        implement a program to provide performance 
                        bonuses to State agencies participating in the 
                        special supplemental nutrition program 
                        established under this section that achieve--
                                    ``(I) the highest proportion of 
                                participating breastfed infants; or
                                    ``(II) the greatest improvement in 
                                proportion of participating breastfed 
                                infants.
                    ``(B) Exemplary breastfeeding support practices.--
                In evaluating exemplary practices under subparagraph 
                (A)(viii), the Secretary shall consider--
                            ``(i) performance measurements of 
                        breastfeeding;
                            ``(ii) the effectiveness of a peer 
                        counselor program;
                            ``(iii) the extent to which the agency or 
                        clinic has partnered with other entities to 
                        build a supportive breastfeeding environment 
                        for women participating in the program; and
                            ``(iv) such other criteria as the Secretary 
                        considers appropriate after consultation with 
                        State and local program agencies.
                    ``(C) Performance bonuses.--
                            ``(i) In general.--Following the 
                        publication of breastfeeding performance 
                        measurements under subparagraph (A)(vii), the 
                        Secretary shall provide performance bonus 
                        payments to State agencies that demonstrate--
                                    ``(I) the highest proportion of 
                                participating breastfed infants, as 
                                compared to other State agencies 
                                participating in the program; or
                                    ``(II) the greatest improvement in 
                                proportion of participating breastfed 
                                infants, as compared to other State 
                                agencies participating in the program.
                            ``(ii) Consideration.--In providing 
                        performance bonus payments to State agencies 
                        under this subparagraph, the Secretary shall 
                        consider a State agency's proportion of 
                        participating fully breastfed infants.
                            ``(iii) Use of funds.--A State agency that 
                        receives a performance bonus under clause (i)--
                                    ``(I) shall treat the funds as 
                                program income; and
                                    ``(II) may transfer the funds to 
                                local agencies for use in carrying out 
                                the program.
                            ``(iv) Implementation.--The Secretary shall 
                        provide the first performance bonuses not later 
                        than 1 year after the date of enactment of this 
                        clause and may subsequently revise the criteria 
                        for awarding performance bonuses.
                    ``(D) Authorization of appropriations.--There are 
                authorized to be appropriated such sums as may be 
                necessary to carry out clauses (vii), (viii), and (ix) 
                of subparagraph (A).''
    (b) Breast Pumps.--Section 17(h)(1)(C)(ii) of the Child Nutrition 
Act of 1966 (42 U.S.C. 1786(h)(1)(C)(ii)) is amended by inserting ``, 
including amounts provided through a contingency reserve under the 
terms and conditions established by the Secretary,'' after ``clause 
(i)''.
                                 <all>