[Congressional Record Volume 168, Number 199 (Wednesday, December 21, 2022)]
[Senate]
[Pages S10005-S10006]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
SA 6595. Mr. MERKLEY (for himself and Ms. Murkowski) submitted an
amendment intended to be proposed to amendment SA 6552 proposed by Mr.
Leahy to the bill H.R. 2617, to amend section 1115 of title 31, United
States Code, to amend the description of how performance goals are
achieved, and for other purposes; which was ordered to lie on the
table; as follows:
At the end of the bill, add the following:
DIVISION KK--PUMP FOR NURSING MOTHERS ACT
SEC. 101. SHORT TITLE.
This division may be cited as the ``Providing Urgent
Maternal Protections for Nursing Mothers Act'' or the ``PUMP
for Nursing Mothers Act''.
SEC. 102. BREASTFEEDING ACCOMMODATIONS IN THE WORKPLACE.
(a) Expanding Employee Access to Break Time and Space.--The
Fair Labor Standards Act of 1938 (29 U.S.C. 201 et seq.) is
amended--
(1) in section 7 (29 U.S.C. 207), by striking subsection
(r); and
(2) by inserting after section 18C (29 U.S.C. 218c) the
following:
``SEC. 18D. BREASTFEEDING ACCOMMODATIONS IN THE WORKPLACE.
``(a) In General.--An employer shall provide--
``(1) a reasonable break time for 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 an employee to express breast milk.
``(b) Compensation.--
``(1) In general.--Subject to paragraph (2), an employer
shall not be required to compensate an employee receiving
reasonable 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) Relief from duties.--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) Exemption for Small Employers.--An employer that
employs less 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) Exemption for Crewmembers of Air Carriers.--
``(1) In general.--An employer that is an air carrier shall
not be subject to the requirements of this section with
respect to an employee of such air carrier who is a
crewmember
``(2) Definitions.--In this subsection:
``(A) Air carrier.--The term `air carrier' has the meaning
given such term in section 40102 of title 49, United States
Code.
``(B) Crewmember.--The term `crewmember' has the meaning
given such term in section 1.1 of title 14, Code of Federal
Regulations (or successor regulations).
``(e) Applicability to Rail Carriers.--
``(1) In general.--Except as provided in paragraph (2), an
employer that is a rail carrier shall be subject to the
requirements of this section.
``(2) Certain employees.--An employer that is a rail
carrier shall be subject to the requirements of this section
with respect to an employee of such rail carrier who is a
member of a train crew involved in the movement of a
locomotive or rolling stock or who is an employee who
maintains the right of way, provided that compliance with the
requirements of this section does not--
``(A) require the employer to incur significant expense,
such as through the addition of such a member of a train crew
in response to providing a break described in subsection
(a)(1) to another such member of a train crew, removal or
retrofitting of seats, or the modification or retrofitting of
a locomotive or rolling stock; or
``(B) result in unsafe conditions for an individual who is
an employee who maintains the right of way.
``(3) Significant expense.--For purposes of paragraph
(2)(A), it shall not be considered a significant expense to
modify or retrofit a locomotive or rolling stock by
installing a curtain or other screening protection.
``(4) Definitions.--In this subsection:
``(A) Employee who maintains the right of way.--The term
`employee who maintains the right of way' means an employee
who is a safety-related railroad employee described in
section 20102(4)(C) of title 49, United States Code.
``(B) Rail carrier.--The term `rail carrier' means an
employer described in section 13(b)(2).
``(C) Train crew.--The term `train crew' has the meaning
given such term as used in chapter II of subtitle B of title
49, Code of Federal Regulations (or successor regulations).
``(f) Applicability to Motorcoach Services Operators.--
``(1) In general.--Except as provided in paragraph (2), an
employer that is a motorcoach services operator shall be
subject to the requirements of this section.
``(2) Employees who are involved in the movement of a
motorcoach.--An employer that is a motorcoach services
operator shall be subject to the requirements of this section
with respect to an employee of such motorcoach services
operator who is involved in the movement of a motorcoach
provided that compliance with the requirements of this
section does not--
``(A) require the employer to incur significant expense,
such as through the removal or retrofitting of seats, the
modification or retrofitting of a motorcoach, or unscheduled
stops; or
``(B) result in unsafe conditions for an employee of a
motorcoach services operator or a passenger of a motorcoach.
``(3) Significant expense.--For purposes of paragraph
(2)(A), it shall not be considered a significant expense--
``(A) to modify or retrofit a motorcoach by installing a
curtain or other screening protection if an employee requests
such a curtain or other screening protection; or
``(B) for an employee to use scheduled stop time to express
breast milk.
``(4) Definitions.--In this subsection:
``(A) Motorcoach; motorcoach services.--The terms
`motorcoach' and `motorcoach services' have the meanings
given the terms in section 32702 of the Motorcoach Enhanced
Safety Act of 2012 (49 U.S.C. 31136 note).
``(B) Motorcoach services operator.--The term `motorcoach
services operator' means an entity that offers motorcoach
services.
``(g) Notification Prior to Commencement of Action.--
``(1) In general.--Except as provided in paragraph (2),
before commencing an action under section 16(b) for a
violation of subsection (a)(2), an employee shall--
``(A) notify the employer of such employee of the failure
to provide the place described in such subsection; and
``(B) provide the employer with 10 days after such
notification to come into compliance with such subsection
with respect to the employee.
``(2) Exceptions.--Paragraph (1) shall not apply in a case
in which--
``(A) the employee has been discharged because the
employee--
``(i) has made a request for the break time or place
described in subsection (a); or
``(ii) has opposed any employer conduct related to this
section; or
``(B) the employer has indicated that the employer has no
intention of providing the place described in subsection
(a)(2).
``(h) Interaction With State and Federal Law.--
``(1) Laws providing greater protection.--Nothing in this
section shall preempt a State law or municipal ordinance that
provides greater protections to employees than the
protections provided for under this section.
``(2) No effect on title 49 preemption.--This section shall
have no effect on the preemption of a State law or municipal
ordinance that is preempted under subtitle IV, V, or VII of
title 49, United States Code.''.
(b) Clarifying Remedies.--The Fair Labor Standards Act of
1938 (29 U.S.C. 201 et seq.) is amended--
(1) in section 15(a) (29 U.S.C. 215(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.'';
and
(2) in section 16(b) (29 U.S.C. 216(b)), by striking
``15(a)(3)'' each place the term appears and inserting
``15(a)(3) or 18D''.
(c) Authorizing Employees to Temporarily Obscure the Field
of View of an Image Recording Device on a Locomotive or
Rolling Stock While Expressing Breast Milk.--Section 20168(f)
of title 49, United States Code, is amended--
[[Page S10006]]
(1) by striking ``A railroad carrier'' and inserting the
following:
``(1) In general.--Except as provided in paragraph (2), a
railroad carrier''; and
(2) by adding at the end the following:
``(2) Temporarily obscuring field of view of an image
recording device while expressing breast milk.--
``(A) In general.--For purposes of expressing breast milk,
an employee may temporarily obscure the field of view of an
image recording device required under this section if the
passenger train on which such device is installed is not in
motion.
``(B) Resuming operation.--The crew of a passenger train on
which an image recording device has been obscured pursuant to
subparagraph (A) shall ensure that such image recording
device is no longer obscured immediately after the employee
has finished expressing breast milk and before resuming
operation of the passenger train.''.
SEC. 103. EFFECTIVE DATE.
(a) Expanding Access.--The amendments made by section
102(a) shall take effect on the date of enactment of this
Act.
(b) Remedies and Clarification.--The amendments made by
section 102(b) shall take effect on the date that is 120 days
after the date of enactment of this Act.
(c) Authorizing Employees to Temporarily Obscure the Field
of View of an Image Recording Device on a Locomotive or
Rolling Stock While Expressing Breast Milk.--The amendments
made by section 102(c) shall take effect on the date of
enactment of this Act.
(d) Application of Law to Employees of Rail Carriers.--
(1) In general.--Section 18D of the Fair Labor Standards
Act of 1938 (as added by section 102(a)) shall not apply to
employees who are members of a train crew involved in the
movement of a locomotive or rolling stock or who are
employees who maintain the right of way of an employer that
is a rail carrier until the date that is 3 years after the
date of enactment of this Act.
(2) Definitions.--In this subsection:
(A) 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).
(B) Employees who maintains the right of way; rail carrier;
train crew.--The terms ``employee who maintains the right of
way'', ``rail carrier'', and ``train crew'' have the meanings
given such terms in section 18D(e)(4) of the Fair Labor
Standards Act of 1938, as added by section 102(a).
(e) Application of Law to Employees of Motorcoach Services
Operators.--
(1) In general.--Section 18D of the Fair Labor Standards
Act of 1938 (as added by section 102(a)) shall not apply to
employees who are involved in the movement of a motorcoach of
an employer that is a motorcoach services operator until the
date that is 3 years after the date of enactment of this Act.
(2) Definitions.--In this subsection:
(A) 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).
(B) Motorcoach; motorcoach services operator.--The terms
``motorcoach'' and ``motorcoach services operator'' have the
meanings given such terms in section 18D(f)(4) of the Fair
Labor Standards Act of 1938, as added by section 102(a).
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