[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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