[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 1722 Introduced in Senate (IS)]
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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, Education,
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 Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``AIR PUMP Act''.
SEC. 2. DEFINITIONS.
For purposes of this Act:
(1) Air carrier.--The term ``air carrier'' has the meaning
given such term in section 40102 of title 49, United States
Code.
(2) Air carrier employer.--The term ``air carrier
employer'' means an air carrier that is an employer.
(3) Crewmember.--The term ``crewmember'' has the meaning
given such term in section 1.1 of title 14, Code of Federal
Regulations (or successor regulations).
(4) Critical phases of flight.--The term ``critical phases
of flight'' has the meaning given such term in 121.542 of title
14, Code of Federal Regulations (or successor regulations).
(5) Employee; employer.--The terms ``employee'' and
``employer'' have the meanings given such terms in section 3 of
the Fair Labor Standards Act of 1938 (29 U.S.C. 203).
SEC. 3. BREASTFEEDING ACCOMMODATIONS IN THE WORKPLACE FOR CERTAIN
EMPLOYEES OF AIR CARRIER EMPLOYERS.
(a) In General.--An air carrier employer that, as described in
subsection (b), is subject to the requirements of this section with
respect to an employee who is a crewmember shall provide--
(1) a reasonable break time for such an employee to express
breast milk for such employee's nursing child for 1 year after
the child's birth each time such employee has need to express
the milk; 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 such an employee to express breast milk.
(b) Applicability.--An air carrier employer shall be subject to the
requirements of this section with respect to an employee who is a
crewmember provided that (as defined and delimited by the Administrator
of the Federal Aviation Administration through regulations issued under
section 5)--
(1) in providing a break described in subsection (a)(1) to
such an employee, an air carrier employer shall not be required
to provide such break during critical phases of flight; and
(2) compliance with the requirements of this section does
not--
(A) impact the safety or security of flight or the
operation of an aircraft in flight or on the ground; or
(B) require the air carrier employer to incur
significant expense, such as through the addition of a
crewmember in response to providing a break described
in subsection (a)(1) to another crewmember, removal or
retrofitting of seats, or the modification or
retrofitting of an aircraft.
(c) Significant Expense.--For purposes of subsection (b)(2)(B),
modifying or retrofitting an aircraft by installing a curtain or other
screening protection shall not be considered a significant expense.
SEC. 4. ANTI-RETALIATION.
It shall be unlawful for any person to discharge or in any other
manner discriminate against any employee who is a crewmember because
such employee has--
(1) filed any complaint or instituted or caused to be
instituted any proceeding under or related to this Act or, as
described in subsections (a) and (b) of section 6, the Fair
Labor Standards Act of 1938 (29 U.S.C. 201 et seq.); or
(2) testified or is about to testify in any such
proceeding.
SEC. 5. RULEMAKING.
Not later than 3 years after the date of enactment of this section,
the Administrator of the Federal Aviation Administration, in
consultation with the Secretary of Labor, shall issue regulations, as
appropriate, to define and delimit the terms and conditions under
section 3 for all crewmember time onboard an aircraft.
SEC. 6. REMEDIES.
(a) Enforcement by the Secretary.--
(1) In general.--The Secretary of Labor shall receive,
investigate, and attempt to resolve complaints of violations of
sections 3 and 4 in the same manner that the Secretary of Labor
receives, investigates, and attempts to resolve complaints of
violations of sections 18D and 15(a)(3) of the Fair Labor
Standards Act of 1938 (29 U.S.C. 218d; 215(a)(3)),
respectively.
(2) Violations.--
(A) Section 3.--An air carrier employer that
violates section 3 shall--
(i) be considered to be in violation of
section 18D of the Fair Labor Standards Act of
1938 (29 U.S.C. 218d); and
(ii) be subject to the penalties described
in sections 16 and 17 of such Act (29 U.S.C.
216; 217) with respect to such violation.
(B) Section 4.--An air carrier employer that
violates section 4 shall--
(i) be considered to be in violation of
section 15(a)(3) of the Fair Labor Standards
Act of 1938 (29 U.S.C. 215(a)(3)); and
(ii) be subject to the penalties described
in sections 16 and 17 of such Act (29 U.S.C.
216; 217) with respect to such violation.
(b) Private Right of Action.--An action alleging a violation of
section 3 or 4 may be maintained against an air carrier employer in any
Federal or State court of competent jurisdiction by an employee who is
a crewmember or a representative of such employee for and on behalf of
the employee, or the employee and others similarly situated, in the
same manner, and subject to the same remedies (including attorney's
fees and costs of the action), as an action brought under section 16 of
the Fair Labor Standards Act of 1938 (29 U.S.C. 216) by an employee
alleging a violation of section 18D or 15(a)(3) of such Act (29 U.S.C.
218d; 215(a)(3)), respectively.
SEC. 7. EFFECTIVE DATE.
This Act shall take effect on the date that is 180 days after the
date of enactment of this Act.
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