AIR PUMP Act

II 118TH CONGRESS 1ST SESSION S. 1722 To expand access to breastfeeding accommodations in the workplace for certain employees of air carrier employers. IN THE SENATE OF THE UNITED STATES MAY 18, 2023 Mr. MERKLEY (for himself, Mrs. MURRAY, Mr. FETTERMAN, Mr. BOOKER, Mr. BLUMENTHAL, and Mrs. GILLIBRAND) introduced the following bill; which was read twice and referred to the Committee on Health, Edu- cation, Labor, and Pensions A BILL To expand access to breastfeeding accommodations in the workplace for certain employees of air carrier employers. 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 ‘‘AIR PUMP Act’’. 4 SEC. 2. DEFINITIONS. 5 For purposes of this Act: 6 (1) AIR CARRIER.—The term ‘‘air carrier’’ has 7 the meaning given such term in section 40102 of 8 title 49, United States Code. 9 VerDate Sep 11 2014 21:53 Jun 12, 2023 Jkt 039200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\S1722.IS S1722 pbinns on DSKJLVW7X2PROD with $$_JOB 2 •S 1722 IS (2) AIR CARRIER EMPLOYER.—The term ‘‘air 1 carrier employer’’ means an air carrier that is an 2 employer. 3 (3) CREWMEMBER.—The term ‘‘crewmember’’ 4 has the meaning given such term in section 1.1 of 5 title 14, Code of Federal Regulations (or successor 6 regulations). 7 (4) CRITICAL PHASES OF FLIGHT.—The term 8 ‘‘critical phases of flight’’ has the meaning given 9 such term in 121.542 of title 14, Code of Federal 10 Regulations (or successor regulations). 11 (5) EMPLOYEE; EMPLOYER.—The terms ‘‘em- 12 ployee’’ and ‘‘employer’’ have the meanings given 13 such terms in section 3 of the Fair Labor Standards 14 Act of 1938 (29 U.S.C. 203). 15 SEC. 3. BREASTFEEDING ACCOMMODATIONS IN THE WORK- 16 PLACE FOR CERTAIN EMPLOYEES OF AIR 17 CARRIER EMPLOYERS. 18 (a) IN GENERAL.—An air carrier employer that, as 19 described in subsection (b), is subject to the requirements 20 of this section with respect to an employee who is a crew- 21 member shall provide— 22 (1) a reasonable break time for such an em- 23 ployee to express breast milk for such employee’s 24 nursing child for 1 year after the child’s birth each 25 VerDate Sep 11 2014 21:53 Jun 12, 2023 Jkt 039200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\S1722.IS S1722 pbinns on DSKJLVW7X2PROD with $$_JOB 3 •S 1722 IS time such employee has need to express the milk; 1 and 2 (2) a place, other than a bathroom, that is 3 shielded from view and free from intrusion from co- 4 workers and the public, which may be used by such 5 an employee to express breast milk. 6 (b) APPLICABILITY.—An air carrier employer shall be 7 subject to the requirements of this section with respect 8 to an employee who is a crewmember provided that (as 9 defined and delimited by the Administrator of the Federal 10 Aviation Administration through regulations issued under 11 section 5)— 12 (1) in providing a break described in subsection 13 (a)(1) to such an employee, an air carrier employer 14 shall not be required to provide such break during 15 critical phases of flight; and 16 (2) compliance with the requirements of this 17 section does not— 18 (A) impact the safety or security of flight 19 or the operation of an aircraft in flight or on 20 the ground; or 21 (B) require the air carrier employer to 22 incur significant expense, such as through the 23 addition of a crewmember in response to pro- 24 viding a break described in subsection (a)(1) to 25 VerDate Sep 11 2014 21:53 Jun 12, 2023 Jkt 039200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\S1722.IS S1722 pbinns on DSKJLVW7X2PROD with $$_JOB 4 •S 1722 IS another crewmember, removal or retrofitting of 1 seats, or the modification or retrofitting of an 2 aircraft. 3 (c) SIGNIFICANT EXPENSE.—For purposes of sub- 4 section (b)(2)(B), modifying or retrofitting an aircraft by 5 installing a curtain or other screening protection shall not 6 be considered a significant expense. 7 SEC. 4. ANTI-RETALIATION. 8 It shall be unlawful for any person to discharge or 9 in any other manner discriminate against any employee 10 who is a crewmember because such employee has— 11 (1) filed any complaint or instituted or caused 12 to be instituted any proceeding under or related to 13 this Act or, as described in subsections (a) and (b) 14 of section 6, the Fair Labor Standards Act of 1938 15 (29 U.S.C. 201 et seq.); or 16 (2) testified or is about to testify in any such 17 proceeding. 18 SEC. 5. RULEMAKING. 19 Not later than 3 years after the date of enactment 20 of this section, the Administrator of the Federal Aviation 21 Administration, in consultation with the Secretary of 22 Labor, shall issue regulations, as appropriate, to define 23 and delimit the terms and conditions under section 3 for 24 all crewmember time onboard an aircraft. 25 VerDate Sep 11 2014 21:53 Jun 12, 2023 Jkt 039200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\S1722.IS S1722 pbinns on DSKJLVW7X2PROD with $$_JOB 5 •S 1722 IS SEC. 6. REMEDIES. 1 (a) ENFORCEMENT BY THE SECRETARY.— 2 (1) IN GENERAL.—The Secretary of Labor shall 3 receive, investigate, and attempt to resolve com- 4 plaints of violations of sections 3 and 4 in the same 5 manner that the Secretary of Labor receives, inves- 6 tigates, and attempts to resolve complaints of viola- 7 tions of sections 18D and 15(a)(3) of the Fair 8 Labor Standards Act of 1938 (29 U.S.C. 218d; 9 215(a)(3)), respectively. 10 (2) VIOLATIONS.— 11 (A) SECTION 3.—An air carrier employer 12 that violates section 3 shall— 13 (i) be considered to be in violation of 14 section 18D of the Fair Labor Standards 15 Act of 1938 (29 U.S.C. 218d); and 16 (ii) be subject to the penalties de- 17 scribed in sections 16 and 17 of such Act 18 (29 U.S.C. 216; 217) with respect to such 19 violation. 20 (B) SECTION 4.—An air carrier employer 21 that violates section 4 shall— 22 (i) be considered to be in violation of 23 section 15(a)(3) of the Fair Labor Stand- 24 ards Act of 1938 (29 U.S.C. 215(a)(3)); 25 and 26 VerDate Sep 11 2014 21:53 Jun 12, 2023 Jkt 039200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\S1722.IS S1722 pbinns on DSKJLVW7X2PROD with $$_JOB 6 •S 1722 IS (ii) be subject to the penalties de- 1 scribed in sections 16 and 17 of such Act 2 (29 U.S.C. 216; 217) with respect to such 3 violation. 4 (b) PRIVATE RIGHT OF ACTION.—An action alleging 5 a violation of section 3 or 4 may be maintained against 6 an air carrier employer in any Federal or State court of 7 competent jurisdiction by an employee who is a crew- 8 member or a representative of such employee for and on 9 behalf of the employee, or the employee and others simi- 10 larly situated, in the same manner, and subject to the 11 same remedies (including attorney’s fees and costs of the 12 action), as an action brought under section 16 of the Fair 13 Labor Standards Act of 1938 (29 U.S.C. 216) by an em- 14 ployee alleging a violation of section 18D or 15(a)(3) of 15 such Act (29 U.S.C. 218d; 215(a)(3)), respectively. 16 SEC. 7. EFFECTIVE DATE. 17 This Act shall take effect on the date that is 180 days 18 after the date of enactment of this Act. 19 Æ VerDate Sep 11 2014 21:53 Jun 12, 2023 Jkt 039200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6301 E:\BILLS\S1722.IS S1722 pbinns on DSKJLVW7X2PROD with $$_JOB