II 

Calendar No. 155 

117TH CONGRESS 

1ST SESSION H. R. 3110 

IN THE SENATE OF THE UNITED STATES 

OCTOBER 25, 2021 

Received 

OCTOBER 26, 2021 

Read twice and placed on the calendar 

AN ACT 

To amend the Fair Labor Standards Act of 1938 to expand 

access to breastfeeding accommodations in the workplace, 

and for other purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Providing Urgent Ma5 ternal Protections for Nursing Mothers Act’’ or the 

6 ‘‘PUMP for Nursing Mothers Act’’. 


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1 SEC. 2. BREASTFEEDING ACCOMMODATIONS IN THE WORK2 PLACE. 

3 (a) EXPANDING EMPLOYEE ACCESS TO BREAK TIME

4 AND PLACE.—The Fair Labor Standards Act of 1938 (29 

5 U.S.C. 201 et seq.) is amended— 

6 (1) in section 7, by striking subsection (r); 

7 (2) in section 15(a)— 

8 (A) by striking the period at the end of 

9 paragraph (5) and inserting ‘‘; and’’; and 

10 (B) by adding at the end the following: 

11 ‘‘(6) to violate any of the provisions of section 

12 18D.’’; 

13 (3) in section 16(b), by striking ‘‘7(r) or 

14 15(a)(3)’’ each place the term appears and inserting 

15 ‘‘15(a)(3) or 18D’’; and 

16 (4) by inserting after section 18C the following: 

17 ‘‘SEC. 18D. BREASTFEEDING ACCOMMODATIONS IN THE 

18 WORKPLACE. 

19 ‘‘(a) An employer shall provide— 

20 ‘‘(1) a reasonable break time for an employee to 

21 express breast milk each time such employee has 

22 need to express breast milk for the 2-year period be23 ginning on the date on which the circumstances re24 lated to such need arise; and 

25 ‘‘(2) a place, other than a bathroom, that is 

26 shielded from view and free from intrusion from coVerDate Sep 11 2014 23:48 Oct 26, 2021 Jkt 029200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H3110.PCS H3110

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1 workers and the public, which may be used by an 

2 employee to express breast milk. 

3 ‘‘(b)(1) Subject to paragraph (2), an employer shall 

4 not be required to compensate an employee receiving break 

5 time under subsection (a)(1) for any time spent during 

6 the workday for such purpose unless otherwise required 

7 by Federal or State law or municipal ordinance. 

8 ‘‘(2) Break time provided under subsection (a)(1) 

9 shall be considered hours worked if the employee is not 

10 completely relieved from duty during the entirety of such 

11 break. 

12 ‘‘(c) An employer that employs fewer than 50 employ13 ees shall not be subject to the requirements of this section, 

14 if such requirements would impose an undue hardship by 

15 causing the employer significant difficulty or expense 

16 when considered in relation to the size, financial resources, 

17 nature, or structure of the employer’s business. 

18 ‘‘(d) No provision of this section or of any order 

19 thereunder shall excuse noncompliance with any Federal 

20 or State law or municipal ordinance that provides greater 

21 protections to employees than the protections provided for 

22 under this section. 

23 ‘‘(e)(1) Subject to paragraph (2), before an employee 

24 commences an action to recover liability under section 

25 16(b) for a violation of paragraph (a)(2), the employee 


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1 shall inform the employer of the failure to provide ade2 quate place and provide the employer with 10 calendar 

3 days after such notice is provided to come into compliance 

4 with subsection (a)(2) with respect to such employee. 

5 ‘‘(2) Paragraph (1) shall not apply in the case that— 

6 ‘‘(A) the employee has been discharged because 

7 the employee has made a request for break time or 

8 place under this section or has opposed any em9 ployer conduct related to this section; or 

10 ‘‘(B) the employer has indicated that the em11 ployer has no intention of complying with subsection 

12 (a)(2). 

13 ‘‘(f) The circumstances described in subsection (a)(1) 

14 arise if an employee— 

15 ‘‘(1) begins providing breast milk for a nursing 

16 child; or 

17 ‘‘(2) gives birth, including to— 

18 ‘‘(A) a stillborn child; or 

19 ‘‘(B) a child over whom the employee does 

20 not retain legal custody. 

21 ‘‘(g)(1) This section shall apply to an air carrier, as 

22 defined in section 40102 of title 49, United States Code, 

23 subject to the following requirements: 


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1 ‘‘(A) In providing a break described in sub2 section (a)(1) to a crewmember, an employer shall 

3 not be required to— 

4 ‘‘(i) completely relieve such crewmember 

5 from duty during break time taken during 

6 flight time; or 

7 ‘‘(ii) provide such a break during critical 

8 phases of flight. 

9 ‘‘(B) Nothing in this subsection shall require an 

10 employer to incur significant expense, when consid11 ered in relation to the size, financial resources, na12 ture, or structure of the employer’s business, to ret13 rofit an aircraft. 

14 ‘‘(2) In this subsection— 

15 ‘‘(A) the terms ‘flight time’ and ‘crewmember’ 

16 have the meaning given such terms in section 1.1 of 

17 title 14, Code of Federal Regulations; and 

18 ‘‘(B) the term ‘critical phases of flight’ has the 

19 meaning given the term in 121.542 of title 14, Code 

20 of Federal Regulations.’’. 

21 (b) CLARIFYING REMEDIES.—Section 16(b) of the 

22 Fair Labor Standards Act of 1938 (29 U.S.C. 216(b)) is 

23 amended by striking ‘‘15(a)(3)’’ each place the term ap24 pears and inserting ‘‘7(r) or 15(a)(3)’’. 


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1 (c) GUIDANCE.—Not later than 60 days after the 

2 date of enactment of this Act, the Secretary of Labor shall 

3 issue guidance with respect to employer compliance with 

4 section 18D of the Fair Labor Standards Act of 1938, 

5 as amended by this Act, which shall be similar, with re6 spect to specific examples of compliance, to the guidance 

7 relating to ‘‘Supporting Nursing Moms at Work’’ pub8 lished on the website of the Office on Women’s Health 

9 of the Department of Health and Human Services as of 

10 such date of enactment. 

11 (d) CONFORMING COVERAGE OF CERTAIN OTHER

12 EMPLOYEES.—Section 203(a)(1) of the Congressional Ac13 countability Act of 1995 (2 U.S.C. 1313(a)(1)) is amend14 ed— 

15 (1) by striking ‘‘and section 12(c)’’ and insert16 ing ‘‘section 12(c), and section 18D’’; and 

17 (2) by inserting ‘‘, 218D’’ after ‘‘212(c)’’. 

18 SEC. 3. EFFECTIVE DATE. 

19 (a) EXPANDING ACCESS.—Except as provided in sub20 section (c), the amendments made under sections 2(a) and 

21 2(d) shall take effect on the date that is 120 days after 

22 the date of enactment of this Act. 

23 (b) REMEDIES AND CLARIFICATION.—The amend24 ments made under section 2(b) shall take effect on the 

25 date of enactment of this Act. 


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1 (c) APPLICATION OF LAW.—Section 18D of the Fair 

2 Labor Standards Act of 1938 (as added by section 2) shall 

3 not apply to crewmembers of an air carrier, as defined 

4 in section 40102 of title 49, United States Code, until the 

5 date that is 1 year after the date of enactment of this 

6 Act. 

7 SEC. 4. REGULATIONS REQUIRED. 

8 Not later than 180 days after the date of enactment 

9 of this Act, the Administrator of the Federal Aviation Ad10 ministration, in consultation with the Secretary of Labor, 

11 shall propose regulations, as appropriate, to— 

12 (1) identify appropriate means for air carriers, 

13 as defined in section 40102 of title 49, United 

14 States Code, to comply with subsection (b)(1) of sec15 tion 18D of the Fair Labor Standards Act of 1938 

16 during flight time; and 

17 (2) update title 14, Code of Federal Regula18 tions, to ensure that expressing breast milk is con19 sidered a physiological need. 

20 SEC. 5. REPORT. 

21 Not later than 24 months after the date of the enact22 ment of this Act, the Comptroller General of the United 

23 States shall submit a report to the Committee on Edu24 cation and Labor of the House of Representatives and the 

25 Committee on Health, Education, Labor, and Pensions of 


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1 the Senate that contains recommendations as appropriate 

2 to improve compliance among covered employers, includ3 ing what is known about employee awareness of the rights 

4 afforded to them by the amendments made by this Act. 

5 SEC. 6. REPORT ON RACIAL DISPARITIES. 

6 The Comptroller General shall— 

7 (1) conduct a study on what is known about the 

8 racial disparities that exist with respect to access to 

9 pumping breastmilk in the workplace; and 

10 (2) submit to Congress a report on the results 

11 of such study containing such recommendations as 

12 the Comptroller General determines appropriate to 

13 address those disparities. 

Passed the House of Representatives October 22, 

2021. 

Attest: CHERYL L. JOHNSON, 

Clerk. 


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Calendar No. 155 

117TH CONGRESS 

1ST SESSION H. R. 3110 

AN ACT 

To amend the Fair Labor Standards Act of 1938 

tions in the workplace, and for other purposes. to expand access to breastfeeding accommodaOCTOBER 26, 2021 

Read twice and placed on the calendar 


kjohnson on DSK79L0C42PROD with BILLS