Everyone in the US, please please call and write your congresspeople about this!
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From: "Ravnitzky, Gail" <[log in to unmask]>
Subject: update on breastfeeding legislation in Congress
Date sent: Mon, 16 Nov 1998 14:26:51 -0500
To: Interested Parties
From: Gail Ravnitzky,
Senior Legislative Assistant
to Rep. Carolyn Maloney
Date: Monday, November 16, 1998
Re: New Mothers' Breastfeeding Promotion
and Protection Act (HR 3531) and the
Right to Breastfeed Act (HR 4628)
As the 105th Congress draws to a close and we begin to work on next
session's agenda, I am writing to give you an update on what happened with
each provision of the breastfeeding bills during the 105th Congress as
well as what the plans are for bill introductions next year. The New
Mothers' Breastfeeding Promotion and Protection Act (H.R. 3531) has 5
major provisions, one of which became law, and several of which will be
introduced as separate measures in the next Congress:
PROVISION #1: Protect a woman's right to breastfeed or express milk
during the work day
WHAT IT DOES: Clarify 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 breaks or lunch times. STATUS: referred
to the Education and Workforce Committee, no further action taken this
year; will be introduced as a separate bill in the next Congress
PROVISION #2: Tax Credit to encourage employers to facilitate lactation
WHAT IT DOES: Encourage employers to set up a safe, private, and sanitary
environment for women to express 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. STATUS: referred to the Ways and
Means Committee, no further action taken this year; will be introduced as
a separate bill in the next Congress.
PROVISION #3: Offer mother's milk breaks to working new mothers
WHAT IT DOES: Grant working women "breastmilk breaks" of up to one hour
per day for up to one year following the birth of a child to breastfeed or
express milk. This time would be unpaid, and could be taken in 2 or 3
breaks during the day. STATUS: referred to the Education and the Workforce
Committee, no further action taken this year; because this is the most
difficult piece of this bill to pass, it is not likely to be introduced as
a separate measure in the next Congress.
PROVISION #4: Develop minimum quality standards for breastpumps
WHAT IT DOES: Require the FDA to develop minimum quality standards for
breast pumps to ensure that products on the market are safe and effective.
STATUS: referred to the Commerce Committee, no action taken this year;
will be introduced as a separate bill in the next Congress.
PROVISION #5: Expand WIC's (Women Infant and Children nutrition
program) breastfeeding promotion program
WHAT IT DOES: Provide increased support for WIC's breastfeeding
promotion, education, and support initiative by giving states
flexibility to spend more WIC dollars on breastfeeding promotion and
support instead of simply giving out free formula. Many states want to
spend more on breastfeeding, but federal law forbid it. Also, money from
the state infant formula rebates will be usable for breastfeeding support.
STATUS: ENACTED INTO LAW, 10/31/98
PROVISION: Right to Breastfeed Act (H.R. 4628)
WHAT IT DOES: Ensure a woman's right to breastfeed her child on any
portion of Federal property where the woman and her child are otherwise
authorized to be. STATUS: referred to the Government Reform and Oversight
Committee, no action taken this year, will be introduced in the next
Congress.
OTHER ACTION
1. In July, the Congressional Women's Caucus held a hearing on H.R.
3531, which helped gain attention to the bill. (sorry, no transcript
available) In the end, H.R. 3531 had 41 cosponsors and H.R. 4628 had 21
cosponsors. We were successful in garnering both Democrat AND Republican
support on both bills, which is very important. 2. PLEASE NOTE that we
have received a VERY HIGH VOLUME of responses on this bill, and it is
nearly impossible to keep up. So PLEASE BE PATIENT, e-mail updates will
continue coming as soon as we have new information.
WEBSITE
To ease the information requests we receive, please refer to Rep.
Maloney's website (www.house.gov/maloney/breast.htm) for lots of
additional information about the legislation. The website currently has
links to the following information:
Press Release announcing H.R. 3531,
Brief Summary of H.R. 3531,
Full text of H.R. 3531,
Stat sheet on Breastfeeding in America Today,
Stat sheet on Corporate Lactation,
Stat sheet on the Economic Benefits of Breastfeeding,
Organizations Endorsing H.R. 3531,
State Laws Regarding Breastfeeding,
and a place to Tell us your story!,
Please look on our website before calling or e-mailing for additional
information.
WHAT ELSE YOU CAN DO NOW
1. It is not too late to contact your U.S. Representative to let
him/her know that these issues are important to you. If you don't know
who your representative is, please call 202-225-3121. They will ask for
your zip code, and they will tell you who your representative is. Write
to him or her at: The Honorable ___________, U.S. House of
Representatives, Washington, DC 20515. It really does make a difference.
If you need more information about the bill, including the full text of
the legislation, please visit our website at:
www.house.gov/maloney/breast.htm 2. IF YOU ARE A MEDICAL PROFESSIONAL,
please consider asking organizations like the AMA or ACOG to support this
bill (as of now, neither AMA nor ACOG has endorsed it). A full list of
endorsing organizations is available at: www.house.gov/maloney/breast.htm
3. We have not yet been able to find a Senate sponsor for the bill(s).
Please contact your U.S. Senators and ask them to carry the bill next year
in the Senate. (If you aren't sure who your U.S. Senators are, call
202-224-3121 to find out. You can write to your U.S. Senators at: The
Honorable __________, U.S. Senate, Washington, DC 20510.
"THE GREAT AMERICAN MILK-IN"
On Friday, September 25, we held the "Great American Milk-In" (sorry, no
transcript available) to highlight support for a new bill, the "Right to
Breastfeed Act" (H.R. 4628), introduced by Rep. Carolyn Maloney (D-NY),
which "ensures a woman's right to breastfeed her child on any portion of
federal property where she and her child have a right to be." A simple
concept really, but necessary to ensure the rights of women who choose to
breastfeed.
The "Great American Milk-In" was very successful and was covered by
several national and local media outlets. A very special thank you to
everyone who attended and participated.
NOTE: The Right to Breastfeed Act is H.R. 4628. The New Mothers'
Breastfeeding Promotion and Protection Act is H.R. 3531. We encourage
everyone to contact your Representatives to ask them to cosponsor both
bills.
Now, I'd like to share with you the line-up of mothers and others who
spoke out at the "Great American Milk-In" on September 25:
Speakers:
U.S. Reps. Carolyn Maloney and Christopher Shays, principal sponsors of
the "Right to Breastfeed Act," which ensures a woman's right to breastfeed
on any federal property where she and her child have the right to be.
Congresswoman Connie Morella, cosponsor of the "Right to Breastfeed Act"
Kathy Kotik, mother of Julia, 7, Kaylynn, 5, Gabrielle, 11 months, of
Jessup, Maryland At the U.S. Capitol observing a session of Congress, she
began to nurse her youngest daughter discreetly. A guard approached her
and asked her to "do that somewhere else." Not wanting to cause a
problem, Kathy left the observation gallery and went into the hallway; she
walked to the end of the corridor, sat down in a chair, and resumed
nursing. A few minutes later another guard approached her and asked her
if she "didn't have a blanket or something." Kathy responded that she was
being discreet, and reminded the guard that she should be allowed to
breastfeed her child. When the guard did not leave, she gathered her
children and left the Capitol.
Kym Smythe, mother of 7-year-old daughter, Kyle, and 4-year-old son,
Cary, and twin
daughters, Kendall and Carlie, 21 months, of New Castle, Delaware
She visited the Holocaust museum and began nursing her son in the back
corner of the bookstore. "I was harassed by the bookstore clerk and 4
security guards before being allowed to leave," she says. "I was in utter
disbelief throughout the incident."
Susan Tullington, mother of Kevin, 9, Amy, 6, of Warrenton, Virginia
Visited Wolf Trap Farm Park's Theatre-in-the-Woods in the summer of 1993
with her children, she began nursing her then-10-month-old daughter, Amy,
she was approached by park rangers and told to stop breastfeeding because
the breast milk "attracts bees." This incident led to the passage of
Virginia's 1994 legislation exempting breastfeeding mother from indecent
exposure statutes. Thirteen other states have enacted similar laws.
Noel Marie Taylor, mother of Maura, 3 ?, and Aidan, 14 months, of
Columbia, Maryland
While visiting the National Museum of Natural History, a guard
instructed her to leave because there is "no food or drink" allowed in the
museum. A woman nearby was feeding a child with a bottle.
Dr. Michal Ann Young
Director of the Neonatal Intensive Care Unit, District of Columbia
General Hospital
Assistant Professor of Pediatrics, Howard University
Dr. Young will represent the American Academy of Pediatrics and discuss
their recommendation for children to be breastfed for at least the first
year of life.
Barbara Heiser, RN, BSN, IBCLC
Executive Director of the National Alliance for Breastfeeding Advocacy As
a certified lactation consultant, Mrs. Heiser will discuss some of the
societal pressures that affect a woman's decision to breastfeed.
If you would like to be added to or deleted from this e-mail update
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