[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[S. 1244 Introduced in Senate (IS)]
111th CONGRESS
1st Session
S. 1244
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 SENATE OF THE UNITED STATES
June 11, 2009
Mr. Merkley introduced the following bill; which was read twice and
referred to the Committee on Finance
_______________________________________________________________________
A BILL
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.
Be it enacted by the Senate and House of Representatives 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''.
(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 REVENUE CODE EXPANDED
TO INCLUDE BREASTFEEDING EQUIPMENT AND SERVICES
Sec. 401. Definition of medical care expanded to include breastfeeding
equipment and services.
TITLE V--PRIVACY FOR BREASTFEEDING MOTHERS
Sec. 501. Privacy for breastfeeding mothers.
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 rapidly 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 recommends that
mothers breastfeed exclusively for 6 months and continue
breastfeeding for at least the first year of 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
breastfeed have higher rates of mortality, meningitis, some
types of cancers, asthma and other respiratory illnesses,
bacterial and viral infections, diarrhoeal diseases, ear
infections, allergies, and obesity.
(5) Research studies have also shown that breastmilk and
breastfeeding have protective effects against the development
of a number of chronic diseases, 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 decreased risk for
developing osteoporosis, ovarian cancer, 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 to title VII of the Civil Rights Act of 1964 by the Act
entitled ``An Act to amend title VII of the Civil Rights Act of
1964 to prohibit sex discrimination on the basis of
pregnancy'', approved October 31, 1978 (commonly known as the
``Pregnancy Discrimination Act'').
(9) Although title VII of the Civil Rights Act of 1964, as
so amended, applies with respect to ``pregnancy, 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 infants 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 Act commonly known as the ``Pregnancy
Discrimination Act'' 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' 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 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.
(a) In General.--Subpart D of part IV of subchapter 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. 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 equipment
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
``(B) for consultation services to the taxpayer or
employees of the taxpayer relating to breastfeeding.
``(2) Costs of other exclusive use property included.--Such
term includes any amount paid or incurred for the acquisition
or lease of tangible 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 located in any residence
of the taxpayer or any employee 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................................................. 60
Year 3................................................. 30
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 subparagraphs (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 section 52 shall be treated as a
single taxpayer, and the dollar amount contained in such
subsection shall be allocated among such persons under
regulations prescribed 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 expenditure for which a credit is determined
under this section.''.
(b) Conforming Amendments.--
(1) Section 38(b) of such Code is amended by striking
``plus'' at the end of paragraph (34), by striking the period
at the end of paragraph (35) and inserting ``, plus'', and by
adding at the end the following new paragraph:
``(36) the breastfeeding promotion and support credit
determined under section 45R(a).''.
(2) 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. 45R. Credit for employer expenses incurred to facilitate
employed 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, 2009.
TITLE III--SAFE AND EFFECTIVE BREAST PUMPS
SEC. 301. SHORT TITLE.
This title may be cited as the ``Safe and Effective Breast Pumps
Act''.
SEC. 302. BREAST PUMPS.
(a) Performance Standards.--
(1) In general.--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 breast pumps have been classified under
section 513 of the Federal Food, Drug, and Cosmetic Act (21
U.S.C. 360c).
(2) Identification of pumps.--In establishing the
performance standard under paragraph (1), 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 factors related to communal use.
(3) Timeline.--Action to put into effect the performance
standard under paragraph (1) shall be taken not later than 1
year after the date of enactment of this Act.
(b) Compliance Policy Guide.--The Secretary of Health and Human
Services, acting through the Commissioner of Food and Drugs, shall
issue a compliance policy guide that will ensure that women who want to
breastfeed a child are given full and complete information respecting
breast pumps.
TITLE IV--DEFINITION OF MEDICAL CARE IN INTERNAL REVENUE CODE EXPANDED
TO INCLUDE BREASTFEEDING EQUIPMENT AND SERVICES
SEC. 401. DEFINITION OF MEDICAL CARE EXPANDED TO INCLUDE BREASTFEEDING
EQUIPMENT AND SERVICES.
(a) In General.--Paragraph (1) of section 213(d) of the Internal
Revenue Code of 1986 (defining medical care) is amended by striking
``or'' at the end of subparagraph (C), by striking the period at the
end of subparagraph (D) and inserting ``, or'', and by inserting after
subparagraph (D) the following:
``(E) qualified breastfeeding equipment and
services.''.
(b) Qualified Breastfeeding Equipment and Services.--Subsection (d)
of section 213 of such Code (relating to definitions) is amended by
adding at the end the following new paragraph:
``(12) Qualified breastfeeding equipment and services.--For
purposes of paragraph (1)(E), the term `qualified breastfeeding
equipment and services' means--
``(A) breast pumps and other equipment specially
designed to assist a mother to breastfeed or express
milk for her child but only if such pumps and equipment
meet the standards (if any) prescribed by the Secretary
of Health and Human Services, and
``(B) consultation services relating to
breastfeeding.''.
(c) Effective Date.--The amendments made by this section shall
apply to taxable years beginning after December 31, 2009.
TITLE V--PRIVACY FOR BREASTFEEDING MOTHERS
SEC. 501. PRIVACY FOR BREASTFEEDING MOTHERS.
(a) In General.--Section 7 of the Fair Labor Standards Act (29
U.S.C. 207) is amended by adding at the end the following:
``(r)(1) An employer shall provide reasonable break time for an
employee to express breast milk for her nursing child for 1 year after
the child's birth each time such employee has need to express the milk.
The employer shall make reasonable efforts to provide a place, other
than a bathroom, that is shielded from view and free from intrusion
from coworkers and the public, which may be used by an employee 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 `employer' means an
employer as defined in section 3(d) who employs 50 or more employees
for each working day during 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: ``In lieu
of any other remedy under this section or section 17, any employee who
is harmed by a violation of section 7(r) may bring an action to enjoin
such violation and to recover such equitable relief as may be
appropriate to effectuate the purposes of such section.''.
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