Title 42 — The Public Health and WelfareRelease 119-73

§1790 Breastfeeding promotion program

Title 42 › Chapter CHAPTER 13A— - CHILD NUTRITION › § 1790

Last updated Apr 6, 2026|Official source

Summary

The Secretary must create a breastfeeding promotion program to encourage breastfeeding as the best way to feed babies, help the public accept breastfeeding, and help get breastfeeding equipment to women who breastfeed. Under the program the Secretary can make or help make educational materials (like public service announcements and pamphlets), get those materials to people and groups, and give money to doctors, hospitals, community health groups, employers, and others to help supply breast pumps and similar equipment. The Secretary can work with federal, state, and local governments and other groups. The Secretary may accept donations of money, services, or property to run the program. Money and money from selling donated property must go into the U.S. Treasury and can be spent when the Secretary orders it. The Secretary must set rules for accepting donations so that taking them will not make the Secretary look unfair or harm the program’s integrity or the integrity of its workers.

Full Legal Text

Title 42, §1790

The Public Health and Welfare — Source: USLM XML via OLRC

(a)The Secretary, from amounts received under subsection (d), shall establish a breastfeeding promotion program to promote breastfeeding as the best method of infant nutrition, foster wider public acceptance of breastfeeding in the United States, and assist in the distribution of breastfeeding equipment to breastfeeding women.

(b)In carrying out the program described in subsection (a), the Secretary may—

(1)develop or assist others to develop appropriate educational materials, including public service announcements, promotional publications, and press kits for the purpose of promoting breastfeeding;

(2)distribute or assist others to distribute such materials to appropriate public and private individuals and entities; and

(3)provide funds to public and private individuals and entities, including physicians, health professional organizations, hospitals, community based health organizations, and employers, for the purpose of assisting such entities in the distribution of breastpumps and similar equipment to breastfeeding women.

(c)The Secretary is authorized to enter into cooperative agreements with Federal agencies, State and local governments, and other entities to carry out the program described in subsection (a).

(d)(1)The Secretary is authorized to solicit, accept, use, and dispose of gifts, bequests, or devises of services or property, both real and personal, for the purpose of establishing and carrying out the program described in subsection (a). Gifts, bequests, or devises of money and proceeds from the sales of other property received as gifts, bequests, or devises shall be deposited in the Treasury and shall be available for disbursement upon order of the Secretary.

(2)The Secretary shall establish criteria for determining whether to solicit and accept gifts, bequests, or devises under paragraph (1), including criteria that ensure that the acceptance of any gifts, bequests, or devises would not—

(A)reflect unfavorably on the ability of the Secretary to carry out the Secretary’s responsibilities in a fair and objective manner; or

(B)compromise, or appear to compromise, the integrity of any governmental program or any officer or employee involved in the program.

Reference

Citations & Metadata

Citation

42 U.S.C. § 1790

Title 42 — The Public Health and Welfare

Last Updated

Apr 6, 2026

Release point: 119-73