Title 42, The Public Health and WelfareRelease 119-110

§1790 Breastfeeding Promotion Program

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

Last updated Sep 22, 2026|Official source

Summary

The Secretary must set up a breastfeeding promotion program using the money and gifts described in subsection (d). The program must promote breastfeeding as the best infant feeding method, help more people accept breastfeeding, and help get breast pumps and similar equipment to breastfeeding women. To do this, the Secretary can make or help make educational materials and public messages, give those materials to public and private groups, and give money to doctors, hospitals, community health groups, employers, and others to help them distribute breast pumps. The Secretary can work with federal, state, and local governments and other partners. The Secretary can ask for and accept gifts, property, or money, put money into the U.S. Treasury for use by the program, and must have rules to refuse gifts that would make the Secretary look biased or hurt the program’s honesty or fairness.

Full Legal Text

Title 42, §1790

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

(a)In general

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)Conduct of program

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)Cooperative agreements

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)Gifts, bequests, and devises

(1)In general

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)Criteria for acceptance

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

Sep 22, 2026

Release point: 119-110