PUMP for Nursing Mothers Act

II Calendar No. 155 117TH CONGRESS 1ST SESSION H. R. 3110 IN THE SENATE OF THE UNITED STATES OCTOBER 25, 2021 Received OCTOBER 26, 2021 Read twice and placed on the calendar AN ACT To amend the Fair Labor Standards Act of 1938 to expand access to breastfeeding accommodations in the workplace, and for other purposes. Be it enacted by the Senate and House of Representa- 1 tives of the United States of America in Congress assembled, 2 SECTION 1. SHORT TITLE. 3 This Act may be cited as the ‘‘Providing Urgent Ma- 4 ternal Protections for Nursing Mothers Act’’ or the 5 ‘‘PUMP for Nursing Mothers Act’’. 6 VerDate Sep 11 2014 23:48 Oct 26, 2021 Jkt 029200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\H3110.PCS H3110 kjohnson on DSK79L0C42PROD with BILLS 2 HR 3110 PCS SEC. 2. BREASTFEEDING ACCOMMODATIONS IN THE WORK- 1 PLACE. 2 (a) EXPANDING EMPLOYEE ACCESS TO BREAK TIME 3 AND PLACE.—The Fair Labor Standards Act of 1938 (29 4 U.S.C. 201 et seq.) is amended— 5 (1) in section 7, by striking subsection (r); 6 (2) in section 15(a)— 7 (A) by striking the period at the end of 8 paragraph (5) and inserting ‘‘; and’’; and 9 (B) by adding at the end the following: 10 ‘‘(6) to violate any of the provisions of section 11 18D.’’; 12 (3) in section 16(b), by striking ‘‘7(r) or 13 15(a)(3)’’ each place the term appears and inserting 14 ‘‘15(a)(3) or 18D’’; and 15 (4) by inserting after section 18C the following: 16 ‘‘SEC. 18D. BREASTFEEDING ACCOMMODATIONS IN THE 17 WORKPLACE. 18 ‘‘(a) An employer shall provide— 19 ‘‘(1) a reasonable break time for an employee to 20 express breast milk each time such employee has 21 need to express breast milk for the 2-year period be- 22 ginning on the date on which the circumstances re- 23 lated to such need arise; and 24 ‘‘(2) a place, other than a bathroom, that is 25 shielded from view and free from intrusion from co- 26 VerDate Sep 11 2014 23:48 Oct 26, 2021 Jkt 029200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H3110.PCS H3110 kjohnson on DSK79L0C42PROD with BILLS 3 HR 3110 PCS workers and the public, which may be used by an 1 employee to express breast milk. 2 ‘‘(b)(1) Subject to paragraph (2), an employer shall 3 not be required to compensate an employee receiving break 4 time under subsection (a)(1) for any time spent during 5 the workday for such purpose unless otherwise required 6 by Federal or State law or municipal ordinance. 7 ‘‘(2) Break time provided under subsection (a)(1) 8 shall be considered hours worked if the employee is not 9 completely relieved from duty during the entirety of such 10 break. 11 ‘‘(c) An employer that employs fewer than 50 employ- 12 ees shall not be subject to the requirements of this section, 13 if such requirements would impose an undue hardship by 14 causing the employer significant difficulty or expense 15 when considered in relation to the size, financial resources, 16 nature, or structure of the employer’s business. 17 ‘‘(d) No provision of this section or of any order 18 thereunder shall excuse noncompliance with any Federal 19 or State law or municipal ordinance that provides greater 20 protections to employees than the protections provided for 21 under this section. 22 ‘‘(e)(1) Subject to paragraph (2), before an employee 23 commences an action to recover liability under section 24 16(b) for a violation of paragraph (a)(2), the employee 25 VerDate Sep 11 2014 23:48 Oct 26, 2021 Jkt 029200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H3110.PCS H3110 kjohnson on DSK79L0C42PROD with BILLS 4 HR 3110 PCS shall inform the employer of the failure to provide ade- 1 quate place and provide the employer with 10 calendar 2 days after such notice is provided to come into compliance 3 with subsection (a)(2) with respect to such employee. 4 ‘‘(2) Paragraph (1) shall not apply in the case that— 5 ‘‘(A) the employee has been discharged because 6 the employee has made a request for break time or 7 place under this section or has opposed any em- 8 ployer conduct related to this section; or 9 ‘‘(B) the employer has indicated that the em- 10 ployer has no intention of complying with subsection 11 (a)(2). 12 ‘‘(f) The circumstances described in subsection (a)(1) 13 arise if an employee— 14 ‘‘(1) begins providing breast milk for a nursing 15 child; or 16 ‘‘(2) gives birth, including to— 17 ‘‘(A) a stillborn child; or 18 ‘‘(B) a child over whom the employee does 19 not retain legal custody. 20 ‘‘(g)(1) This section shall apply to an air carrier, as 21 defined in section 40102 of title 49, United States Code, 22 subject to the following requirements: 23 VerDate Sep 11 2014 23:48 Oct 26, 2021 Jkt 029200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\H3110.PCS H3110 kjohnson on DSK79L0C42PROD with BILLS 5 HR 3110 PCS ‘‘(A) In providing a break described in sub- 1 section (a)(1) to a crewmember, an employer shall 2 not be required to— 3 ‘‘(i) completely relieve such crewmember 4 from duty during break time taken during 5 flight time; or 6 ‘‘(ii) provide such a break during critical 7 phases of flight. 8 ‘‘(B) Nothing in this subsection shall require an 9 employer to incur significant expense, when consid- 10 ered in relation to the size, financial resources, na- 11 ture, or structure of the employer’s business, to ret- 12 rofit an aircraft. 13 ‘‘(2) In this subsection— 14 ‘‘(A) the terms ‘flight time’ and ‘crewmember’ 15 have the meaning given such terms in section 1.1 of 16 title 14, Code of Federal Regulations; and 17 ‘‘(B) the term ‘critical phases of flight’ has the 18 meaning given the term in 121.542 of title 14, Code 19 of Federal Regulations.’’. 20 (b) CLARIFYING REMEDIES.—Section 16(b) of the 21 Fair Labor Standards Act of 1938 (29 U.S.C. 216(b)) is 22 amended by striking ‘‘15(a)(3)’’ each place the term ap- 23 pears and inserting ‘‘7(r) or 15(a)(3)’’. 24 VerDate Sep 11 2014 23:48 Oct 26, 2021 Jkt 029200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\H3110.PCS H3110 kjohnson on DSK79L0C42PROD with BILLS 6 HR 3110 PCS (c) GUIDANCE.—Not later than 60 days after the 1 date of enactment of this Act, the Secretary of Labor shall 2 issue guidance with respect to employer compliance with 3 section 18D of the Fair Labor Standards Act of 1938, 4 as amended by this Act, which shall be similar, with re- 5 spect to specific examples of compliance, to the guidance 6 relating to ‘‘Supporting Nursing Moms at Work’’ pub- 7 lished on the website of the Office on Women’s Health 8 of the Department of Health and Human Services as of 9 such date of enactment. 10 (d) CONFORMING COVERAGE OF CERTAIN OTHER 11 EMPLOYEES.—Section 203(a)(1) of the Congressional Ac- 12 countability Act of 1995 (2 U.S.C. 1313(a)(1)) is amend- 13 ed— 14 (1) by striking ‘‘and section 12(c)’’ and insert- 15 ing ‘‘section 12(c), and section 18D’’; and 16 (2) by inserting ‘‘, 218D’’ after ‘‘212(c)’’. 17 SEC. 3. EFFECTIVE DATE. 18 (a) EXPANDING ACCESS.—Except as provided in sub- 19 section (c), the amendments made under sections 2(a) and 20 2(d) shall take effect on the date that is 120 days after 21 the date of enactment of this Act. 22 (b) REMEDIES AND CLARIFICATION.—The amend- 23 ments made under section 2(b) shall take effect on the 24 date of enactment of this Act. 25 VerDate Sep 11 2014 23:48 Oct 26, 2021 Jkt 029200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\H3110.PCS H3110 kjohnson on DSK79L0C42PROD with BILLS 7 HR 3110 PCS (c) APPLICATION OF LAW.—Section 18D of the Fair 1 Labor Standards Act of 1938 (as added by section 2) shall 2 not apply to crewmembers of an air carrier, as defined 3 in section 40102 of title 49, United States Code, until the 4 date that is 1 year after the date of enactment of this 5 Act. 6 SEC. 4. REGULATIONS REQUIRED. 7 Not later than 180 days after the date of enactment 8 of this Act, the Administrator of the Federal Aviation Ad- 9 ministration, in consultation with the Secretary of Labor, 10 shall propose regulations, as appropriate, to— 11 (1) identify appropriate means for air carriers, 12 as defined in section 40102 of title 49, United 13 States Code, to comply with subsection (b)(1) of sec- 14 tion 18D of the Fair Labor Standards Act of 1938 15 during flight time; and 16 (2) update title 14, Code of Federal Regula- 17 tions, to ensure that expressing breast milk is con- 18 sidered a physiological need. 19 SEC. 5. REPORT. 20 Not later than 24 months after the date of the enact- 21 ment of this Act, the Comptroller General of the United 22 States shall submit a report to the Committee on Edu- 23 cation and Labor of the House of Representatives and the 24 Committee on Health, Education, Labor, and Pensions of 25 VerDate Sep 11 2014 23:48 Oct 26, 2021 Jkt 029200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\H3110.PCS H3110 kjohnson on DSK79L0C42PROD with BILLS 8 HR 3110 PCS the Senate that contains recommendations as appropriate 1 to improve compliance among covered employers, includ- 2 ing what is known about employee awareness of the rights 3 afforded to them by the amendments made by this Act. 4 SEC. 6. REPORT ON RACIAL DISPARITIES. 5 The Comptroller General shall— 6 (1) conduct a study on what is known about the 7 racial disparities that exist with respect to access to 8 pumping breastmilk in the workplace; and 9 (2) submit to Congress a report on the results 10 of such study containing such recommendations as 11 the Comptroller General determines appropriate to 12 address those disparities. 13 Passed the House of Representatives October 22, 2021. Attest: CHERYL L. JOHNSON, Clerk. VerDate Sep 11 2014 23:48 Oct 26, 2021 Jkt 029200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6201 E:\BILLS\H3110.PCS H3110 kjohnson on DSK79L0C42PROD with BILLS VerDate Sep 11 2014 23:48 Oct 26, 2021 Jkt 029200 PO 00000 Frm 00009 Fmt 6652 Sfmt 6201 E:\BILLS\H3110.PCS H3110 kjohnson on DSK79L0C42PROD with BILLS Calendar No. 155 117TH CONGRESS 1ST SESSION H. R. 3110 AN ACT To amend the Fair Labor Standards Act of 1938 to expand access to breastfeeding accommoda- tions in the workplace, and for other purposes. OCTOBER 26, 2021 Read twice and placed on the calendar VerDate Sep 11 2014 23:48 Oct 26, 2021 Jkt 029200 PO 00000 Frm 00010 Fmt 6651 Sfmt 6651 E:\BILLS\H3110.PCS H3110 kjohnson on DSK79L0C42PROD with BILLS