[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3110 Engrossed in House (EH)]

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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.

    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:

                                                                 Clerk.
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.