117TH CONGRESS 

1ST SESSION H. R. 3110 

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, 
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1 SECTION 1. SHORT TITLE. 

2 This Act may be cited as the ‘‘Providing Urgent Ma3 ternal Protections for Nursing Mothers Act’’ or the 

4 ‘‘PUMP for Nursing Mothers Act’’. 

5 SEC. 2. BREASTFEEDING ACCOMMODATIONS IN THE WORK6 PLACE. 

7 (a) EXPANDING EMPLOYEE ACCESS TO BREAK TIME

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

9 U.S.C. 201 et seq.) is amended— 

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

11 (2) in section 15(a)— 

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

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

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

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

16 18D.’’; 

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

18 15(a)(3)’’ each place the term appears and inserting 

19 ‘‘15(a)(3) or 18D’’; and 

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

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

22 WORKPLACE. 

23 ‘‘(a) An employer shall provide— 

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

25 express breast milk each time such employee has 

26 need to express breast milk for the 2-year period be-
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1 ginning on the date on which the circumstances re2 lated to such need arise; and 

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

4 shielded from view and free from intrusion from co5 workers and the public, which may be used by an 

6 employee to express breast milk. 

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

8 not be required to compensate an employee receiving break 

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

10 the workday for such purpose unless otherwise required 

11 by Federal or State law or municipal ordinance. 

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

13 shall be considered hours worked if the employee is not 

14 completely relieved from duty during the entirety of such 

15 break. 

16 ‘‘(c) An employer that employs fewer than 50 employ17 ees shall not be subject to the requirements of this section, 

18 if such requirements would impose an undue hardship by 

19 causing the employer significant difficulty or expense 

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

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

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

23 thereunder shall excuse noncompliance with any Federal 

24 or State law or municipal ordinance that provides greater 
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1 protections to employees than the protections provided for 

2 under this section. 

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

4 commences an action to recover liability under section 

5 16(b) for a violation of paragraph (a)(2), the employee 

6 shall inform the employer of the failure to provide ade7 quate place and provide the employer with 10 calendar 

8 days after such notice is provided to come into compliance 

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

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

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

12 the employee has made a request for break time or 

13 place under this section or has opposed any em14 ployer conduct related to this section; or 

15 ‘‘(B) the employer has indicated that the em16 ployer has no intention of complying with subsection 

17 (a)(2). 

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

19 arise if an employee— 

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

21 child; or 

22 ‘‘(2) gives birth, including to— 

23 ‘‘(A) a stillborn child; or 

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

25 not retain legal custody. 
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1 ‘‘(g)(1) This section shall apply to an air carrier, as 

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

3 subject to the following requirements: 

4 ‘‘(A) In providing a break described in sub5 section (a)(1) to a crewmember, an employer shall 

6 not be required to— 

7 ‘‘(i) completely relieve such crewmember 

8 from duty during break time taken during 

9 flight time; or 

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

11 phases of flight. 

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

13 employer to incur significant expense, when consid14 ered in relation to the size, financial resources, na15 ture, or structure of the employer’s business, to ret16 rofit an aircraft. 

17 ‘‘(2) In this subsection— 

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

19 have the meaning given such terms in section 1.1 of 

20 title 14, Code of Federal Regulations; and 

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

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

23 of Federal Regulations.’’. 

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

25 Fair Labor Standards Act of 1938 (29 U.S.C. 216(b)) is 
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1 amended by striking ‘‘15(a)(3)’’ each place the term ap2 pears and inserting ‘‘7(r) or 15(a)(3)’’. 

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

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

5 issue guidance with respect to employer compliance with 

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

7 as amended by this Act, which shall be similar, with re8 spect to specific examples of compliance, to the guidance 

9 relating to ‘‘Supporting Nursing Moms at Work’’ pub10 lished on the website of the Office on Women’s Health 

11 of the Department of Health and Human Services as of 

12 such date of enactment. 

13 (d) CONFORMING COVERAGE OF CERTAIN OTHER

14 EMPLOYEES.—Section 203(a)(1) of the Congressional Ac15 countability Act of 1995 (2 U.S.C. 1313(a)(1)) is amend16 ed— 

17 (1) by striking ‘‘and section 12(c)’’ and insert18 ing ‘‘section 12(c), and section 18D’’; and 

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

20 SEC. 3. EFFECTIVE DATE. 

21 (a) EXPANDING ACCESS.—Except as provided in sub22 section (c), the amendments made under sections 2(a) and 

23 2(d) shall take effect on the date that is 120 days after 

24 the date of enactment of this Act. 
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1 (b) REMEDIES AND CLARIFICATION.—The amend2 ments made under section 2(b) shall take effect on the 

3 date of enactment of this Act. 

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

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

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

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

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

9 Act. 

10 SEC. 4. REGULATIONS REQUIRED. 

11 Not later than 180 days after the date of enactment 

12 of this Act, the Administrator of the Federal Aviation Ad13 ministration, in consultation with the Secretary of Labor, 

14 shall propose regulations, as appropriate, to— 

15 (1) identify appropriate means for air carriers, 

16 as defined in section 40102 of title 49, United 

17 States Code, to comply with subsection (b)(1) of sec18 tion 18D of the Fair Labor Standards Act of 1938 

19 during flight time; and 

20 (2) update title 14, Code of Federal Regula21 tions, to ensure that expressing breast milk is con22 sidered a physiological need. 

23 SEC. 5. REPORT. 

24 Not later than 24 months after the date of the enact25 ment of this Act, the Comptroller General of the United 
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1 States shall submit a report to the Committee on Edu2 cation and Labor of the House of Representatives and the 

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

4 the Senate that contains recommendations as appropriate 

5 to improve compliance among covered employers, includ6 ing what is known about employee awareness of the rights 

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

8 SEC. 6. REPORT ON RACIAL DISPARITIES. 

9 The Comptroller General shall— 

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

11 racial disparities that exist with respect to access to 

12 pumping breastmilk in the workplace; and 

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

14 of such study containing such recommendations as 

15 the Comptroller General determines appropriate to 

16 address those disparities. 

Passed the House of Representatives October 22, 

2021. 

Attest: 

Clerk. 

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 accommoda-