118 S1722 IS: AIR PUMP Act
U.S. Senate
2023-05-18
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.
II
118th CONGRESS
1st Session
S. 1722
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.
1.

Short title
This Act may be cited as the “AIR PUMP Act”.
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).
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.
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.
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.
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.
7.

Effective date
This Act shall take effect on the date that is 180 days after the date of enactment of this Act.