AIR PUMP Act

I 118TH CONGRESS 1ST SESSION H. R. 3576 To expand access to breastfeeding accommodations in the workplace for certain employees of air carrier employers. IN THE HOUSE OF REPRESENTATIVES MAY 22, 2023 Ms. HOYLE of Oregon (for herself, Ms. NORTON, Ms. CROCKETT, Ms. WILSON of Florida, Mr. MOULTON, Mr. MAGAZINER, Ms. TITUS, Ms. PORTER, Ms. CARAVEO, Ms. BONAMICI, Mr. BOWMAN, Mrs. CHAVEZ-DEREMER, Mrs. FOUSHEE, Ms. JAYAPAL, Mr. GRIJALVA, Ms. GARCIA of Texas, Ms. SCHAKOWSKY, Ms. LEGER FERNANDEZ, Mr. FROST, Mr. CARSON, Mr. NUNN of Iowa, Mr. SOTO, Mr. FITZPATRICK, Ms. TLAIB, Mr. PAPPAS, Ms. LEE of California, Mr. DOGGETT, Mr. JACKSON of Illinois, Ms. WIL- LIAMS of Georgia, Ms. KAMLAGER-DOVE, Mrs. SYKES, Ms. BARRAGA´N, Ms. SALINAS, Ms. DEAN of Pennsylvania, Mr. LYNCH, Mr. JOHNSON of Georgia, Ms. SCANLON, and Mr. COHEN) introduced the following bill; which was referred to the Committee on Transportation and Infrastruc- ture, and in addition to the Committee on Education and the Workforce, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned 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 VerDate Sep 11 2014 21:53 Jun 12, 2023 Jkt 039200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\H3576.IH H3576 pbinns on DSKJLVW7X2PROD with $$_JOB 2 •HR 3576 IH SEC. 2. DEFINITIONS. 1 For purposes of this Act: 2 (1) AIR CARRIER.—The term ‘‘air carrier’’ has 3 the meaning given such term in section 40102 of 4 title 49, United States Code. 5 (2) AIR CARRIER EMPLOYER.—The term ‘‘air 6 carrier employer’’ means an air carrier that is an 7 employer. 8 (3) CREWMEMBER.—The term ‘‘crewmember’’ 9 has the meaning given such term in section 1.1 of 10 title 14, Code of Federal Regulations (or successor 11 regulations). 12 (4) CRITICAL PHASES OF FLIGHT.—The term 13 ‘‘critical phases of flight’’ has the meaning given 14 such term in 121.542 of title 14, Code of Federal 15 Regulations (or successor regulations). 16 (5) EMPLOYEE; EMPLOYER.—The terms ‘‘em- 17 ployee’’ and ‘‘employer’’ have the meanings given 18 such terms in section 3 of the Fair Labor Standards 19 Act of 1938 (29 U.S.C. 203). 20 SEC. 3. BREASTFEEDING ACCOMMODATIONS IN THE WORK- 21 PLACE FOR CERTAIN EMPLOYEES OF AIR 22 CARRIER EMPLOYERS. 23 (a) IN GENERAL.—An air carrier employer that, as 24 described in subsection (b), is subject to the requirements 25 VerDate Sep 11 2014 21:53 Jun 12, 2023 Jkt 039200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H3576.IH H3576 pbinns on DSKJLVW7X2PROD with $$_JOB 3 •HR 3576 IH of this section with respect to an employee who is a crew- 1 member shall provide— 2 (1) a reasonable break time for such an em- 3 ployee to express breast milk for such employee’s 4 nursing child for 1 year after the child’s birth each 5 time such employee has need to express the milk; 6 and 7 (2) a place, other than a bathroom, that is 8 shielded from view and free from intrusion from co- 9 workers and the public, which may be used by such 10 an employee to express breast milk. 11 (b) APPLICABILITY.—An air carrier employer shall be 12 subject to the requirements of this section with respect 13 to an employee who is a crewmember provided that (as 14 defined and delimited by the Administrator of the Federal 15 Aviation Administration through regulations issued under 16 section 4)— 17 (1) in providing a break described in subsection 18 (a)(1) to such an employee, an air carrier employer 19 shall not be required to provide such break during 20 critical phases of flight; and 21 (2) compliance with the requirements of this 22 section does not— 23 VerDate Sep 11 2014 21:53 Jun 12, 2023 Jkt 039200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H3576.IH H3576 pbinns on DSKJLVW7X2PROD with $$_JOB 4 •HR 3576 IH (A) impact the safety or security of flight 1 or the operation of an aircraft in flight or on 2 the ground; or 3 (B) require the air carrier employer to 4 incur significant expense, such as through the 5 addition of a crewmember in response to pro- 6 viding a break described in subsection (a)(1) to 7 another crewmember, removal or retrofitting of 8 seats, or the modification or retrofitting of an 9 aircraft. 10 (c) SIGNIFICANT EXPENSE.—For purposes of sub- 11 section (b)(2)(B), modifying or retrofitting an aircraft by 12 installing a curtain or other screening protection shall not 13 be considered a significant expense. 14 SEC. 4. ANTIRETALIATION. 15 It shall be unlawful for any person to discharge or 16 in any other manner discriminate against any employee 17 because such employee has— 18 (1) filed any complaint or instituted or caused 19 to be instituted any proceeding under or related to 20 this Act; or 21 (2) testified or is about to testify in any such 22 proceeding. 23 VerDate Sep 11 2014 21:53 Jun 12, 2023 Jkt 039200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\H3576.IH H3576 pbinns on DSKJLVW7X2PROD with $$_JOB 5 •HR 3576 IH SEC. 5. RULEMAKING. 1 Not later than 3 years after the date of enactment 2 of this section, the Administrator of the Federal Aviation 3 Administration, in consultation with the Secretary of 4 Labor, shall issue regulations, as appropriate, to define 5 and delimit the terms and conditions under section 3 for 6 all crewmember time onboard an aircraft. 7 SEC. 6. REMEDIES. 8 (a) ENFORCEMENT BY THE SECRETARY.— 9 (1) IN GENERAL.—The Secretary of Labor shall 10 receive, investigate, and attempt to resolve com- 11 plaints of violations of sections 3 and 4 in the same 12 manner that the Secretary of Labor receives, inves- 13 tigates, and attempts to resolve complaints of viola- 14 tions of section 18D and 15A(3) of the Fair Labor 15 Standards Act of 1938 (29 U.S.C. 218d). 16 (2) VIOLATIONS OF SECTION 3.—An air carrier 17 employer that violates section 3 shall— 18 (A) be considered to be in violation of sec- 19 tion 18D of the Fair Labor Standards Act of 20 1938 (29 U.S.C. 218d; 29 U.S.C. 215(a)(3)); 21 and 22 (B) be subject to the penalties described in 23 sections 16 and 17 of such Act (29 U.S.C. 216; 24 217) with respect to such violation. 25 VerDate Sep 11 2014 20:35 Jun 13, 2023 Jkt 039200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\H3576.IH H3576 pbinns on DSKJLVW7X2PROD with $$_JOB 6 •HR 3576 IH (3) VIOLATIONS OF SECTION 4.—An air carrier 1 employer that violates section 4 shall— 2 (A) be considered to be in violation of sec- 3 tion 15A(3) of the Fair Labor Standards Act of 4 1938 (29 U.S.C. 215(a)(3)); and 5 (B) be subject to the penalties described in 6 sections 16 and 17 of such Act (29 U.S.C. 216; 7 217) with respect to such violation. 8 (b) PRIVATE RIGHT OF ACTION.—An action alleging 9 a violation of sections 3 and 4 of this Act may be main- 10 tained against an air carrier employer in any Federal or 11 State court of competent jurisdiction by an employee who 12 is a crewmember or a representative of such employee for 13 and on behalf of the employee, or the employee and others 14 similarly situated, in the same manner, and subject to the 15 same remedies (including attorney’s fees and costs of the 16 action), as an action brought under section 16 of the Fair 17 Labor Standards Act of 1938 (29 U.S.C. 216) by an em- 18 ployee alleging a violation of section 18D or 15A(3) of 19 such Act (29 U.S.C. 218d; 29 U.S.C. 215(a)(3)). 20 SEC. 7. EFFECTIVE DATE. 21 This Act shall take effect on the date that is 180 days 22 after the date of enactment of this Act. 23 Æ VerDate Sep 11 2014 21:53 Jun 12, 2023 Jkt 039200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6301 E:\BILLS\H3576.IH H3576 pbinns on DSKJLVW7X2PROD with $$_JOB