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SEC. 2. BREASTFEEDING ACCOMMODATIONS IN THE WORK-
PLACE. 
(a) EXPANDING EMPLOYEE ACCESS TO BREAK TIME 
AND PLACE.—The Fair Labor Standards Act of 1938 (29 
U.S.C. 201 et seq.) is amended— 
(1) in section 7, by striking subsection (r); 
(2) in section 15(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.’’; 
(3) in section 16(b), by striking ‘‘7(r) or 
15(a)(3)’’ each place the term appears and inserting 
‘‘15(a)(3) or 18D’’; and 
(4) by inserting after section 18C the following: 
‘‘SEC. 18D. BREASTFEEDING ACCOMMODATIONS IN THE 
WORKPLACE. 
‘‘(a) An employer shall provide— 
‘‘(1) a reasonable break time for an employee to 
express breast milk each time such employee has 
need to express breast milk for the 2-year period be-
ginning on the date on which the circumstances re-
lated to such need arise; and 
‘‘(2) a place, other than a bathroom, that is 
shielded from view and free from intrusion from co-
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workers and the public, which may be used by an 
employee to express breast milk. 
‘‘(b)(1) Subject to paragraph (2), an employer shall 
not be required to compensate an employee receiving 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) 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) An employer that employs fewer than 50 employ-
ees 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) No provision of this section or of any order 
thereunder shall excuse noncompliance with any Federal 
or State law or municipal ordinance that provides greater 
protections to employees than the protections provided for 
under this section. 
‘‘(e)(1) Subject to paragraph (2), before an employee 
commences an action to recover liability under section 
16(b) for a violation of paragraph (a)(2), the employee 
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shall inform the employer of the failure to provide ade-
quate place and provide the employer with 10 calendar 
days after such notice is provided to come into compliance 
with subsection (a)(2) with respect to such employee. 
‘‘(2) Paragraph (1) shall not apply in the case that— 
‘‘(A) the employee has been discharged because 
the employee has made a request for break time or 
place under this section or has opposed any em-
ployer conduct related to this section; or 
‘‘(B) the employer has indicated that the em-
ployer has no intention of complying with subsection 
(a)(2). 
‘‘(f) The circumstances described in subsection (a)(1) 
arise if an employee— 
‘‘(1) begins providing breast milk for a nursing 
child; or 
‘‘(2) gives birth, including to— 
‘‘(A) a stillborn child; or 
‘‘(B) a child over whom the employee does 
not retain legal custody. 
‘‘(g)(1) This section shall apply to an air carrier, as 
defined in section 40102 of title 49, United States Code, 
subject to the following requirements: 
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‘‘(A) In providing a break described in sub-
section (a)(1) to a crewmember, an employer shall 
not be required to— 
‘‘(i) completely relieve such crewmember 
from duty during break time taken during 
flight time; or 
‘‘(ii) provide such a break during critical 
phases of flight. 
‘‘(B) Nothing in this subsection shall require an 
employer to incur significant expense, when consid-
ered in relation to the size, financial resources, na-
ture, or structure of the employer’s business, to ret-
rofit an aircraft. 
‘‘(2) In this subsection— 
‘‘(A) the terms ‘flight time’ and ‘crewmember’ 
have the meaning given such terms in section 1.1 of 
title 14, Code of Federal Regulations; and 
‘‘(B) the term ‘critical phases of flight’ has the 
meaning given the term in 121.542 of title 14, Code 
of Federal Regulations.’’. 
(b) CLARIFYING REMEDIES.—Section 16(b) of the 
Fair Labor Standards Act of 1938 (29 U.S.C. 216(b)) is 
amended by striking ‘‘15(a)(3)’’ each place the term ap-
pears and inserting ‘‘7(r) or 15(a)(3)’’. 
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(c) GUIDANCE.—Not later than 60 days after the 
date of enactment of this Act, the Secretary of Labor shall 
issue guidance with respect to employer compliance with 
section 18D of the Fair Labor Standards Act of 1938, 
as amended by this Act, which shall be similar, with re-
spect to specific examples of compliance, to the guidance 
relating to ‘‘Supporting Nursing Moms at Work’’ pub-
lished on the website of the Office on Women’s Health 
of the Department of Health and Human Services as of 
such date of enactment. 
(d) CONFORMING COVERAGE OF CERTAIN OTHER 
EMPLOYEES.—Section 203(a)(1) of the Congressional Ac-
countability Act of 1995 (2 U.S.C. 1313(a)(1)) is amend-
ed— 
(1) by striking ‘‘and section 12(c)’’ and insert-
ing ‘‘section 12(c), and section 18D’’; and 
(2) by inserting ‘‘, 218D’’ after ‘‘212(c)’’. 
SEC. 3. EFFECTIVE DATE. 
(a) EXPANDING ACCESS.—Except as provided in sub-
section (c), the amendments made under sections 2(a) and 
2(d) shall take effect on the date that is 120 days after 
the date of enactment of this Act. 
(b) REMEDIES AND CLARIFICATION.—The amend-
ments made under section 2(b) shall take effect on the 
date of enactment of this Act. 
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(c) APPLICATION OF LAW.—Section 18D of the Fair 
Labor Standards Act of 1938 (as added by section 2) shall 
not apply to crewmembers of an air carrier, as defined 
in section 40102 of title 49, United States Code, until the 
date that is 1 year after the date of enactment of this 
Act. 
SEC. 4. REGULATIONS REQUIRED. 
Not later than 180 days after the date of enactment 
of this Act, the Administrator of the Federal Aviation Ad-
ministration, in consultation with the Secretary of Labor, 
shall propose regulations, as appropriate, to— 
(1) identify appropriate means for air carriers, 
as defined in section 40102 of title 49, United 
States Code, to comply with subsection (b)(1) of sec-
tion 18D of the Fair Labor Standards Act of 1938 
during flight time; and 
(2) update title 14, Code of Federal Regula-
tions, to ensure that expressing breast milk is con-
sidered a physiological need. 
SEC. 5. REPORT. 
Not later than 24 months after the date of the enact-
ment of this Act, the Comptroller General of the United 
States shall submit a report to the Committee on Edu-
cation and Labor of the House of Representatives and the 
Committee on Health, Education, Labor, and Pensions of 
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the Senate that contains recommendations as appropriate 
to improve compliance among covered employers, includ-
ing what is known about employee awareness of the rights 
afforded to them by the amendments made by this Act. 
SEC. 6. REPORT ON RACIAL DISPARITIES. 
The Comptroller General shall— 
(1) conduct a study on what is known about the 
racial disparities that exist with respect to access to 
pumping breastmilk in the workplace; and 
(2) submit to Congress a report on the results 
of such study containing such recommendations as 
the Comptroller General determines appropriate to 
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 
to expand access to breastfeeding accommoda-
tions in the workplace, and for other purposes. 
OCTOBER 26, 2021 
Read twice and placed on the calendar 
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