The Senate and House passed and the President signed the Fiscal Year 2023 omnibus spending package into law. The package contains all twelve appropriations bills which include a variety of funding provisions that impact infant feeding. Highlights include:
Visit the "Federal Appropriations for Breastfeeding" webpage for a comprehensive look at the final funding levels for federal agencies and programs that impact infant feeding.
The omnibus spending package also included historic passage of the PUMP for Nursing Mothers Act and the Pregnant Workers Fairness Act.
In addition, the bill language and associated explanatory statements include the following provisions:
The Fiscal Year 2023 budget is complete but the Fiscal Year 2024 federal budget process is already underway. Federal funding for breastfeeding remains a top policy priority for the U.S. Breastfeeding Committee. Join us by taking action:
The Providing Urgent Maternal Protections (PUMP) for Nursing Mothers Act (S. 1658/H.R. 3110) was signed into law by the President on December 29, 2022, extending federal protections for time and space to pump during the workday to millions more workers.
The bill was passed as part of the omnibus spending package. This legislation is the first standalone breastfeeding bill to receive a recorded vote on the House and Senate floor, where it received strong bipartisan support, including an astounding 92 yes votes in the Senate! The House version of the PUMP Act (H.R. 3110) was passed with a vote of 276-149.
“The future of our nation’s children is a little bit brighter thanks to the PUMP Act. Working parents who are trying to feed their babies now have the law on their side,” said Cheryl Lebedevitch, Senior Policy & Communications Manager at the U.S. Breastfeeding Committee, a national coalition of organizations with a shared mission to create a landscape of breastfeeding support.
The Break Time for Nursing Mothers law, passed in 2010, requires employers to provide reasonable break time and a private, non-bathroom space for breastfeeding employees to pump during the work day. The 2022 PUMP Act makes several important changes to this landmark legislation:
The legislation went into effect immediately when it was signed, however, the enforcement provision included a 120-day delay, making the effective date for that provision April 28, 2023. In addition, there is a 3-year delay in the implementation of the protections for railway workers. Unfortunately, due to significant industry opposition, the law does not apply to flight attendants and pilots.
FOR IMMEDIATE RELEASE December 24, 2022
Washington, DC -- In an historic week of bipartisan action on behalf of working families, Congress passed the Providing Urgent Maternal Protections (PUMP) for Nursing Mothers Act (S. 1658/H.R. 3110) as part of the omnibus spending package.
The PUMP Act represents significant progress toward closing coverage gaps left from the 2010 Break Time for Nursing Mothers law, which gave employees a right to reasonable break time and a private place to pump breast milk during the workday. Nearly 9 million women — one in four women of childbearing age — were excluded from coverage under the 2010 law. Those left unprotected included teachers, software engineers, farmworkers, and many nurses, among others.
Advocates have been going back every session since to address this shortfall. The bill is on the way to the President’s desk — which he is expected to sign — and will also ensure that employees whose rights are violated have access to remedies that are available for other violations of the Fair Labor Standards Act.
This critical and measured bipartisan bill was introduced by Senators Merkley (D-OR), Murkowski (R-AK), Booker (D-NJ), Casey (D-PA), and Duckworth (D-IL). The PUMP Act was passed in the Senate as an amendment to the omnibus spending package on Thursday, December 22, with a near-unanimous vote of 92-5.
The bill was introduced in the U.S. House of Representatives by longtime champion Representative Maloney (D-NY-12), Maternity Care Caucus Co-Chairs Representatives Herrera-Beutler (R-WA-3) and Roybal-Allard (D-CA-40), and Black Maternal Health Caucus Co-Chairs Representatives Underwood (D-IL-14) and Adams (D-NC-12). The PUMP Act passed in the House in October 2021 with a bipartisan vote of 276-149.
Support for the PUMP for Nursing Mothers Act is widespread. The bill received strong support from the U.S. Chamber of Commerce, National Retail Federation, National Education Association, American Academy of Pediatrics, U.S. Conference of Catholic Bishops and more than 230 additional organizations.
While the PUMP Act is a tremendous victory for working families, it still lacks critical protections for flight attendants and pilots due to unrelenting opposition from the airline industry. Because pumping breast milk can be, and in many cases already is, done safely aboard aircraft during non-critical phases of flight, breastfeeding advocates remain committed to securing this important right for airline crewmembers.
The following are statements from representatives of the leading organizations advocating for passage of the bill:
“Millions of women and babies just got a holiday gift from Congress — reasonable workplace accommodations for breast milk expression. We are thrilled to see the PUMP Act become the law of the land, easing the way for those taking on the big physical work of nurturing and nourishing the next generation,” said Amelia Psmythe Seger, Deputy Director, U.S. Breastfeeding Committee. “We are deeply grateful to the tireless PUMP Act champions, Senators Merkley and Murkowski, and Representatives Maloney and Herrera-Beutler, and to all the legislators who demonstrated their capacity to unite in service of infant nutrition security.”
“The PUMP Act is the first standalone breastfeeding bill to receive a recorded vote on the House and Senate floors. The bill received incredible support from policymakers on both sides of the aisle, demonstrating that breastfeeding is truly a bipartisan issue,” said Cheryl Lebedevitch, Senior Policy and Communications Manager, at the U.S. Breastfeeding Committee. “We just made history, together! We are eternally grateful to the USBC-affiliated Workplace Support Constellation, the myriad USBC supporters who have taken action across the years on this important legislation, and to our partners at A Better Balance, the American Civil Liberties Union, Center for WorkLife Law, MomsRising, and National WIC Association who have stewarded this bill through the Congressional process all these months.”
“With Congress's passage of the PUMP for Nursing Mothers Act, millions more nursing parents will now have the right to break time and space to pump at work and the ability to meaningfully vindicate their rights when violated,” said Sarah Brafman, National Policy Director, A Better Balance. “The near-unanimous support for this legislation in the Senate indicates that support for breastfeeding workers transcends partisanship. We thank our PUMP Act legislative champions Senators Jeff Merkley and Lisa Murkowski and Representatives Carolyn Maloney and Jamie Herrera Buetler, our coalition partners who never gave up on getting these protections over the finish line, and the women we serve who shared their experiences of being forced to choose between breastfeeding and working and were the catalyst for change. We look forward to President Biden signing the PUMP Act into law."
"For far too long, millions of women experienced or endured the threat of discrimination, termination, or being left without options when they tried to pump breast milk at work. No more,” said Vania Leveille, Senior Legislative Counsel, at the American Civil Liberties Union. “After years of advocacy by individuals and organizations across the political spectrum, the PUMP for Nursing Mothers Act will become law and safeguard the health and economic security of workers and families. We applaud our congressional champions who never gave up on the women and workers who desperately needed relief.”
“Today our elected representatives sent the powerful message that mothers matter. Their health and the health of their children matter. This historic legislation will make a significant difference in the lives of mothers and families on day one,” said Center for WorkLife Law Deputy Director, Liz Morris. "While most workplaces will support breastfeeding workers and comply with federal law, employers should be aware of the new enforcement provisions that apply when a nursing employee's rights are violated."
“The passing of the PUMP for Nursing Mothers Act is life-changing for moms, babies, and families across the country, particularly for low-income women and women of color. We know that while four out of five mothers start out breastfeeding, less than half continue past six months postpartum and one of the main barriers is the lack of break time and a private place to pump in the workplace,” said Tina Sherman, Senior Campaign Director for Maternal Justice, MomsRising. “We are grateful for the tireless advocacy of our legislative champions in helping to remove this barrier for pumping workers.”
"WIC providers know that breastfeeding success requires comprehensive support, and workplace policies can be critical factors impacting breastfeeding duration. The PUMP for Nursing Mothers Act expands protections for millions of lactating workers, serving the dual goal of building job security for new moms while promoting optimal infant nutrition," said Dr. Jamila Taylor, President & CEO of the National WIC Association. "After over a decade of advocacy and harrowing challenges to infant nutrition over this past year, this long overdue legislation is an important step forward in a national effort to improve breastfeeding rates and close disparities so that every mother and baby has the support and resources they need to grow and thrive."
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