S. 1244 (111th): Breastfeeding Promotion Act of 2009

111th Congress, 2009–2010. Text as of Jun 11, 2009 (Introduced).

Status & Summary | PDF | Source: GPO

II

111th CONGRESS

1st Session

S. 1244

IN THE SENATE OF THE UNITED STATES

June 11, 2009

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.

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.

I

Amendments to the Civil Rights Act of 1964

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.

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..

II

Credit for employer expenses for providing appropriate environment on business premises for employed mothers to breastfeed or express milk for their children

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:

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:

If the recapture event occurs in:The recapture percentage is:
Year 1100
Year 260
Year 330
Year 4 or thereafter0.
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.

III

Safe and effective breast pumps

301.

Short title

This title may be cited as the Safe and Effective Breast Pumps Act.

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.

IV

Definition of medical care in Internal Revenue Code expanded to include breastfeeding equipment and services

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.

V

Privacy for breastfeeding mothers

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..