[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3110 Placed on Calendar Senate (PCS)]
<DOC>
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 Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Providing Urgent Maternal
Protections for Nursing Mothers Act'' or the ``PUMP for Nursing Mothers
Act''.
SEC. 2. BREASTFEEDING ACCOMMODATIONS IN THE WORKPLACE.
(a) Expanding Employee Access to Break Time and Place.--The Fair
Labor Standards Act of 1938 (29 U.S.C. 201 et seq.) is amended--
(1) in section 7, by striking subsection (r);
(2) in section 15(a)--
(A) by striking the period at the end of paragraph
(5) and inserting ``; and''; and
(B) by adding at the end the following:
``(6) to violate any of the provisions of section 18D.'';
(3) in section 16(b), by striking ``7(r) or 15(a)(3)'' each
place the term appears and inserting ``15(a)(3) or 18D''; and
(4) by inserting after section 18C the following:
``SEC. 18D. BREASTFEEDING ACCOMMODATIONS IN THE WORKPLACE.
``(a) An employer shall provide--
``(1) a reasonable break time for an employee to express
breast milk each time such employee has need to express breast
milk for the 2-year period beginning on the date on which the
circumstances related to such need arise; and
``(2) a place, other than a bathroom, that is shielded from
view and free from intrusion from coworkers and the public,
which may be used by an employee to express breast milk.
``(b)(1) Subject to paragraph (2), an employer shall not be
required to compensate an employee receiving break time under
subsection (a)(1) for any time spent during the workday for such
purpose unless otherwise required by Federal or State law or municipal
ordinance.
``(2) Break time provided under subsection (a)(1) shall be
considered hours worked if the employee is not completely relieved from
duty during the entirety of such break.
``(c) An employer that employs fewer than 50 employees shall not be
subject to the requirements of this section, if such requirements would
impose an undue hardship by causing the employer significant difficulty
or expense when considered in relation to the size, financial
resources, nature, or structure of the employer's business.
``(d) No provision of this section or of any order thereunder shall
excuse noncompliance with any Federal or State law or municipal
ordinance that provides greater protections to employees than the
protections provided for under this section.
``(e)(1) Subject to paragraph (2), before an employee commences an
action to recover liability under section 16(b) for a violation of
paragraph (a)(2), the employee shall inform the employer of the failure
to provide adequate place and provide the employer with 10 calendar
days after such notice is provided to come into compliance with
subsection (a)(2) with respect to such employee.
``(2) Paragraph (1) shall not apply in the case that--
``(A) the employee has been discharged because the employee
has made a request for break time or place under this section
or has opposed any employer conduct related to this section; or
``(B) the employer has indicated that the employer has no
intention of complying with subsection (a)(2).
``(f) The circumstances described in subsection (a)(1) arise if an
employee--
``(1) begins providing breast milk for a nursing child; or
``(2) gives birth, including to--
``(A) a stillborn child; or
``(B) a child over whom the employee does not
retain legal custody.
``(g)(1) This section shall apply to an air carrier, as defined in
section 40102 of title 49, United States Code, subject to the following
requirements:
``(A) In providing a break described in subsection (a)(1)
to a crewmember, an employer shall not be required to--
``(i) completely relieve such crewmember from duty
during break time taken during flight time; or
``(ii) provide such a break during critical phases
of flight.
``(B) Nothing in this subsection shall require an employer
to incur significant expense, when considered in relation to
the size, financial resources, nature, or structure of the
employer's business, to retrofit an aircraft.
``(2) In this subsection--
``(A) the terms `flight time' and `crewmember' have the
meaning given such terms in section 1.1 of title 14, Code of
Federal Regulations; and
``(B) the term `critical phases of flight' has the meaning
given the term in 121.542 of title 14, Code of Federal
Regulations.''.
(b) Clarifying Remedies.--Section 16(b) of the Fair Labor Standards
Act of 1938 (29 U.S.C. 216(b)) is amended by striking ``15(a)(3)'' each
place the term appears and inserting ``7(r) or 15(a)(3)''.
(c) Guidance.--Not later than 60 days after the date of enactment
of this Act, the Secretary of Labor shall issue guidance with respect
to employer compliance with section 18D of the Fair Labor Standards Act
of 1938, as amended by this Act, which shall be similar, with respect
to specific examples of compliance, to the guidance relating to
``Supporting Nursing Moms at Work'' published on the website of the
Office on Women's Health of the Department of Health and Human Services
as of such date of enactment.
(d) Conforming Coverage of Certain Other Employees.--Section
203(a)(1) of the Congressional Accountability Act of 1995 (2 U.S.C.
1313(a)(1)) is amended--
(1) by striking ``and section 12(c)'' and inserting
``section 12(c), and section 18D''; and
(2) by inserting ``, 218D'' after ``212(c)''.
SEC. 3. EFFECTIVE DATE.
(a) Expanding Access.--Except as provided in subsection (c), the
amendments made under sections 2(a) and 2(d) shall take effect on the
date that is 120 days after the date of enactment of this Act.
(b) Remedies and Clarification.--The amendments made under section
2(b) shall take effect on the date of enactment of this Act.
(c) Application of Law.--Section 18D of the Fair Labor Standards
Act of 1938 (as added by section 2) shall not apply to crewmembers of
an air carrier, as defined in section 40102 of title 49, United States
Code, until the date that is 1 year after the date of enactment of this
Act.
SEC. 4. REGULATIONS REQUIRED.
Not later than 180 days after the date of enactment of this Act,
the Administrator of the Federal Aviation Administration, in
consultation with the Secretary of Labor, shall propose regulations, as
appropriate, to--
(1) identify appropriate means for air carriers, as defined
in section 40102 of title 49, United States Code, to comply
with subsection (b)(1) of section 18D of the Fair Labor
Standards Act of 1938 during flight time; and
(2) update title 14, Code of Federal Regulations, to ensure
that expressing breast milk is considered a physiological need.
SEC. 5. REPORT.
Not later than 24 months after the date of the enactment of this
Act, the Comptroller General of the United States shall submit a report
to the Committee on Education and Labor of the House of Representatives
and the Committee on Health, Education, Labor, and Pensions of the
Senate that contains recommendations as appropriate to improve
compliance among covered employers, including what is known about
employee awareness of the rights afforded to them by the amendments
made by this Act.
SEC. 6. REPORT ON RACIAL DISPARITIES.
The Comptroller General shall--
(1) conduct a study on what is known about the racial
disparities that exist with respect to access to pumping
breastmilk in the workplace; and
(2) submit to Congress a report on the results of such
study containing such recommendations as the Comptroller
General determines appropriate to address those disparities.
Passed the House of Representatives October 22, 2021.
Attest:
CHERYL L. JOHNSON,
Clerk.
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 accommodations in the workplace, and for other purposes.
_______________________________________________________________________
October 26, 2021
Read twice and placed on the calendar