Representative Carolyn Maloney of New York has been fighting for breastfeeding legislation.  Rep. Maloney introduced legislation (The Right to Breastfeed Act, H.R. 1848) to protect a woman's right to breastfeed on federal property where she and her child have a right to be.  The bill was signed into law on Sept. 28, 1999 when President Clinton signed the Treasury Postal Appropriations bill, which included Rep. Maloney's Right to Breastfeed Act. 

The Breastfeeding Promotion Act includes:

-Amending the Civil Rights Act of 1964 to protect breastfeeding women from being fired or discriminated against in the workplace

-Tax incentives for businesses that establish private, lactation areas in the workplace

-Providing performance standard for breast pumps

-Allows breastfeeding equipment to be tax deductible for families 

What Can You Do to Help Breastfeeding Legislation?

If you support the Bills below, write to your Congressperson today.  You can find who your Congressperson is and their address by visiting the House letter writing page .

You can also find who your local representatives are by calling 202-225-3121.  Your letters and help can help other breastfeeding moms avoid being discriminated against for breastfeeding their children.

Legislation Description and Status

"Right to Breastfeed Act" (H.R. 1848)

 Ensures a woman's right to breastfeed her child anywhere on federal property where she and her child are authorized to be.  It was signed into Law on Sept. 29, 1999.

"It is a shame that we need this law to protect such a natural choice, but women were being harassed, told to leave national parks and museums and intimidated off of federal grounds simply for breastfeeding," said Rep. Maloney. "Until now, women had no recourse."

WHY THIS ACT ONLY COVERS FEDERAL PROPERTY:

"We know that women are being harassed at many public property locations as well as federal property. Unfortunately, in this case, state laws govern public property, and therefore it is more difficult to do something from the federal level. Many of you have worked to ensure the right to breastfeed in your states. (Current states with such laws are: AK, CA, DE, FL, IL, MI, NV, NH, NJ, NY, NC, TN, TX, UT, VA and WI.) This is not to say that breastfeeding is illegal anywhere. It just isn't spelled out in law that a woman's right is protected. We'll keep looking at how we can help."

The preceding was excerpted from a statement from Rep. Maloney's office. 

"Pregnancy Discrimination Act Amendment of 1999" (H.R. 1478)

Clarifies the Pregnancy Discrimination Act to protect breastfeeding under civil rights law, requiring that women cannot be fired or discriminated against in the workplace for expressing breast milk (or directly breastfeeding) during her own lunch time or break time. Until now, courts have not interpreted the PDA definition of "pregnancy, childbirth, and related medical conditions" to include breastfeeding.  Referred to the Education and Workforce Committee. There are currently 14 cosponsors.

"Breastfeeding Promotion and Employers' Tax Incentive Act of 1999" (H.R. 1163)

Encourages employers to set up a safe, private, and sanitary environment for women to express (or pump) breast milk by providing a tax credit for employers who set up a lactation location, purchase or rent lactation-related equipment, hire a lactation consultant, or otherwise promote a lactation-friendly environment. For example, some larger companies will set up a nursing mothers' room and buy equipment for the room. Smaller companies may just purchase or rent breast pumps, and pay for lactation support. The tax credit is for 50% of what a company spends on these "qualified expenses." Many companies are already doing this (Price Waterhouse, GTE, Kodak, Aetna, Boeing), and many want to expand their programs.  It was introduced on March 17, 1999 and since referred to the Ways and Means Committee. There are currently 17 cosponsors.

"Safe and Effective Breastpumps Act" (H.R. 3372)

Requires the FDA to develop minimum quality standards for breast pumps to ensure that products on the market are safe and effective.  It was introduced and referred to the House Commerce Committee.

"New Mother's Breastfeeding Promotion and Protection Act" (H.R. 3861)

This bill incorporated all Rep. Maloney's breastfeeding legislation into one package.  It was introduced more than two years ago, H.R. 3531 was not enacted during the 105th Congress. This year, elements of this bill were divided into four "stand alone" bills, with the hopes of expediting passage. There is currently no set date for any further action on any of them.

 Fact Sheet on the Breastfeeding Promotion Act:

www.maloney.house.gov/documents/olddocs/breastfeeding/050505summary.rtf

CRS Report on Federal Breastfeeding Legislation (October, 2006):

www.maloney.house.gov/documents/women/breastfeeding/20061012_CRS_fedleg.pdf

CRS Report on State Laws and Breastfeeding (May, 2005):

www.maloney.house.gov/documents/olddocs/breastfeeding/050505CRSReport.pdf

CRS Report on Health Benefits of Breastfeeding (July, 2003):

www.maloney.house.gov/documents/olddocs/breastfeeding/CRS_Report_on_Benefits_of_Breastfeeding.pdf 

www.maloney.house.gov/index.php?option=com_content&task=view&id=1337&Itemid=61

Rep. Maloney's Breastfeeding Promotion and Protection Act update mailing list by emailing This e-mail address is being protected from spam bots, you need JavaScript enabled to view it