I 
118TH CONGRESS 
1ST SESSION H. R. 3576 
To expand access to breastfeeding accommodations in the workplace for 
certain employees of air carrier employers. 
IN THE HOUSE OF REPRESENTATIVES 
MAY 22, 2023 
Ms. HOYLE of Oregon (for herself, Ms. NORTON, Ms. CROCKETT, Ms. WILSON 
of Florida, Mr. MOULTON, Mr. MAGAZINER, Ms. TITUS, Ms. PORTER, 
Ms. CARAVEO, Ms. BONAMICI, Mr. BOWMAN, Mrs. CHAVEZ-DEREMER, 
Mrs. FOUSHEE, Ms. JAYAPAL, Mr. GRIJALVA, Ms. GARCIA of Texas, Ms. 
SCHAKOWSKY, Ms. LEGER FERNANDEZ, Mr. FROST, Mr. CARSON, Mr. 
NUNN of Iowa, Mr. SOTO, Mr. FITZPATRICK, Ms. TLAIB, Mr. PAPPAS, 
Ms. LEE of California, Mr. DOGGETT, Mr. JACKSON of Illinois, Ms. WIL-
LIAMS of Georgia, Ms. KAMLAGER-DOVE, Mrs. SYKES, Ms. BARRAGA´N, 
Ms. SALINAS, Ms. DEAN of Pennsylvania, Mr. LYNCH, Mr. JOHNSON of 
Georgia, Ms. SCANLON, and Mr. COHEN) introduced the following bill; 
which was referred to the Committee on Transportation and Infrastruc-
ture, and in addition to the Committee on Education and the Workforce, 
for a period to be subsequently determined by the Speaker, in each case 
for consideration of such provisions as fall within the jurisdiction of the 
committee concerned 
A BILL 
To expand access to breastfeeding accommodations in the 
workplace for certain employees of air carrier employers. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘AIR PUMP Act’’. 
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SEC. 2. DEFINITIONS. 
For purposes of this Act: 
(1) AIR CARRIER.—The term ‘‘air carrier’’ has 
the meaning given such term in section 40102 of 
title 49, United States Code. 
(2) AIR CARRIER EMPLOYER.—The term ‘‘air 
carrier employer’’ means an air carrier that is an 
employer. 
(3) CREWMEMBER.—The term ‘‘crewmember’’ 
has the meaning given such term in section 1.1 of 
title 14, Code of Federal Regulations (or successor 
regulations). 
(4) CRITICAL PHASES OF FLIGHT.—The term 
‘‘critical phases of flight’’ has the meaning given 
such term in 121.542 of title 14, Code of Federal 
Regulations (or successor regulations). 
(5) EMPLOYEE; EMPLOYER.—The terms ‘‘em-
ployee’’ and ‘‘employer’’ have the meanings given 
such terms in section 3 of the Fair Labor Standards 
Act of 1938 (29 U.S.C. 203). 
SEC. 3. BREASTFEEDING ACCOMMODATIONS IN THE WORK-
PLACE FOR CERTAIN EMPLOYEES OF AIR 
CARRIER EMPLOYERS. 
(a) IN GENERAL.—An air carrier employer that, as 
described in subsection (b), is subject to the requirements 
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of this section with respect to an employee who is a crew-
member shall provide— 
(1) a reasonable break time for such an em-
ployee 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 co-
workers and the public, which may be used by such 
an employee to express breast milk. 
(b) APPLICABILITY.—An air carrier employer shall be 
subject to the requirements of this section with respect 
to an employee who is a crewmember provided that (as 
defined and delimited by the Administrator of the Federal 
Aviation Administration through regulations issued under 
section 4)— 
(1) in providing a break described in subsection 
(a)(1) to such an employee, an air carrier employer 
shall not be required to provide such break during 
critical phases of flight; and 
(2) compliance with the requirements of this 
section does not— 
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(A) impact the safety or security of flight 
or the operation of an aircraft in flight or on 
the ground; or 
(B) require the air carrier employer to 
incur significant expense, such as through the 
addition of a crewmember in response to pro-
viding a break described in subsection (a)(1) to 
another crewmember, removal or retrofitting of 
seats, or the modification or retrofitting of an 
aircraft. 
(c) SIGNIFICANT EXPENSE.—For purposes of sub-
section (b)(2)(B), modifying or retrofitting an aircraft by 
installing a curtain or other screening protection shall not 
be considered a significant expense. 
SEC. 4. ANTIRETALIATION. 
It shall be unlawful for any person to discharge or 
in any other manner discriminate against any employee 
because such employee has— 
(1) filed any complaint or instituted or caused 
to be instituted any proceeding under or related to 
this Act; or 
(2) testified or is about to testify in any such 
proceeding. 
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SEC. 5. RULEMAKING. 
Not later than 3 years after the date of enactment 
of this section, the Administrator of the Federal Aviation 
Administration, in consultation with the Secretary of 
Labor, shall issue regulations, as appropriate, to define 
and delimit the terms and conditions under section 3 for 
all crewmember time onboard an aircraft. 
SEC. 6. REMEDIES. 
(a) ENFORCEMENT BY THE SECRETARY.— 
(1) IN GENERAL.—The Secretary of Labor shall 
receive, investigate, and attempt to resolve com-
plaints of violations of sections 3 and 4 in the same 
manner that the Secretary of Labor receives, inves-
tigates, and attempts to resolve complaints of viola-
tions of section 18D and 15A(3) of the Fair Labor 
Standards Act of 1938 (29 U.S.C. 218d). 
(2) VIOLATIONS OF SECTION 3.—An air carrier 
employer that violates section 3 shall— 
(A) be considered to be in violation of sec-
tion 18D of the Fair Labor Standards Act of 
1938 (29 U.S.C. 218d; 29 U.S.C. 215(a)(3)); 
and 
(B) be subject to the penalties described in 
sections 16 and 17 of such Act (29 U.S.C. 216; 
217) with respect to such violation. 
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(3) VIOLATIONS OF SECTION 4.—An air carrier 
employer that violates section 4 shall— 
(A) be considered to be in violation of sec-
tion 15A(3) of the Fair Labor Standards Act of 
1938 (29 U.S.C. 215(a)(3)); and 
(B) be subject to the penalties described in 
sections 16 and 17 of such Act (29 U.S.C. 216; 
217) with respect to such violation. 
(b) PRIVATE RIGHT OF ACTION.—An action alleging 
a violation of sections 3 and 4 of this Act may be main-
tained against an air carrier employer in any Federal or 
State court of competent jurisdiction by an employee who 
is a crewmember or a representative of such employee for 
and on behalf of the employee, or the employee and others 
similarly situated, in the same manner, and subject to the 
same remedies (including attorney’s fees and costs of the 
action), as an action brought under section 16 of the Fair 
Labor Standards Act of 1938 (29 U.S.C. 216) by an em-
ployee alleging a violation of section 18D or 15A(3) of 
such Act (29 U.S.C. 218d; 29 U.S.C. 215(a)(3)). 
SEC. 7. EFFECTIVE DATE. 
This Act shall take effect on the date that is 180 days 
after the date of enactment of this Act. 
Æ 
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