II 111th CONGRESS 2d Session S. 3132 IN THE SENATE OF THE UNITED STATES March 17, 2010 Mr. Harkin introduced the following bill; which was read twice and referred to the Committee on Agriculture, Nutrition, and Forestry A BILL To amend the Child Nutrition Act of 1966 to promote and support breastfeeding through the special supplemental nutrition program for women, infants, and children.

1.

Short title

This Act may be cited as the Exemplary Breastfeeding Support Act.

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 the 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 the proportion of participating fully breastfed infants that are served by the State agency. (iii)

Use of funds

A State agency that receives a performance bonus under clause (i)— (I)shall treat the funds as program funds; 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. . (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).