[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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