Breastfeeding: Federal Legislation

Publication Date: October 2006

Publisher: Library of Congress. Congressional Research Service

Author(s):

Research Area: Health

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Abstract:

There has been significant growth in the practice of breastfeeding in recent years. As a result, Congress and numerous state legislatures have considered various proposals concerning different aspects of breastfeeding.

Congress has authorized and funded the Breastfeeding Promotion Program ("Program") as part of the Child Nutrition Programs administered by the Secretary of Agriculture ("Secretary"). Under this Program, the Secretary is directed to establish a breastfeeding promotion program to encourage breastfeeding. Through appropriations legislation, Congress has repeatedly affirmed a mother's right to breastfeed on federal property or in a federal building, if the mother and child are authorized to be in that location. This practice was most recently affirmed in the Consolidated Appropriations Act, 2005.

In the 109th Congress, H.R. 2122, the proposed Pregnancy Discrimination Act Amendments of 2005, was introduced on May 5, 2005. The bill contains provisions which if enacted, would amend title VII of the Civil Rights Act of 1964 (equal employment opportunity) to protect breastfeeding by new mothers; provide tax incentives to employers to encourage breastfeeding by employees; and provide a performance standard for breast pumps. At the current time the bill is in committee.

It is possible that additional legislation concerning breastfeeding may be introduced in the 109th Congress. This report will be updated as needed.