[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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