,,ii ,calendar ,no4 #aee #aagth         
,,congress  #ast ,session  ,h4 ,r4 #caaj
  ,,in ,,the ,,senate ,,of ,,the        
,,united ,,states  ,october #be1        
#bjba,received  ,october #bf1 #bjba,read
 twice and placed on the calendar  ,,an 
,,act  ,to amend the ,fair ,labor       
,standards ,act of #aich to expand      
access to breastfeeding accommodations  
in the workplace1 and for other         
purposes4  #a4 ,short title ,this ,act  
may be cited as the ,providing ,urgent  
,maternal ,protections for ,nursing     
,mothers ,act or the ,,pump for ,nursing
 ,mothers ,act4  #b4 ,breastfeeding     
accommodations in the workplace  7a7    
,expanding employee access to break time
 and place ,the ,fair ,labor ,standards 
,act of #aich 7#bi ,u4,s4,c4 #bja et    
seq47 is amended-- 7#a7 in section #g1  
by striking subsection 7r72  7#b7 in    
section #ae7;a7-- 7,a7 by striking the  
period at the end of paragraph 7#e7 and 
inserting 2 and2 and  7,b7 by adding at 
the end the following3  7#f7 to violate 

any of the provisions of section #ah;,d4
  2  7#c7 in section #af7;b71 by        
striking #g7r7 or #ae7;a77#c7 each place
 the term appears and inserting         
#ae7;a77#c7 or #ah;,d2 and  7#d7 by     
inserting after section #ah;,c the      
following3  #ah;,d4 ,breastfeeding      
accommodations in the workplace  7a7 ,an
 employer shall provide-- 7#a7 a        
reasonable break time for an employee to
 express breast milk each time such     
employee has need to express breast milk
 for the #b-year period beginning on the
 date on which the circumstances related
 to such need arise2 and  7#b7 a place1 
other than a bathroom1 that is shielded 
from view and free from intrusion from  
coworkers and the public1 which may be  
used by an employee to express breast   
milk4  7b7 7#a7 ,subject to paragraph   
7#b71 an employer shall not be required 
to compensate an employee receiving     
break time under subsection 7a77#a7 for 
any time spent during the workday for   
such purpose unless otherwise required  

by ,federal or ,state law or municipal  
ordinance4  7#b7 ,break time provided   
under subsection 7a77#a7 shall be       
considered hours worked if the employee 
is not completely relieved from duty    
during the entirety of such break4  7c7 
,an employer that employs fewer than #ej
 employees shall not be subject to the  
requirements of this section1 if such   
requirements would impose an undue      
hardship by causing the employer        
significant difficulty or expense when  
considered in relation to the size1     
financial resources1 nature1 or         
structure of the employer's business4   
7d7 ,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 section4  7e7 7#a7       
,subject to paragraph 7#b71 before an   
employee commences an action to recover 
liability under section #af7;b7 for a   

violation of paragraph 7a77#b71 the     
employee shall inform the employer of   
the failure to provide adequate place   
and provide the employer with #aj       
calendar days after such notice is      
provided to come into compliance with   
subsection 7a77#b7 with respect to such 
employee4  7#b7 ,paragraph 7#a7 shall   
not apply in the case that-- 7,a7 the   
employee has been discharged because the
 employee has made a request for break  
time or place under this section or has 
opposed any employer conduct related to 
this section2 or  7,b7 the employer has 
indicated that the employer has no      
intention of complying with subsection  
7a77#b74  7f7 ,the circumstances        
described in subsection 7a77#a7 arise if
 an employee-- 7#a7 begins providing    
breast milk for a nursing child2 or     
7#b7 gives birth1 including to-- 7,a7 a 
stillborn child2 or  7,b7 a child over  
whom the employee does not retain legal 
custody4  7g7 7#a7 ,this section shall  
apply to an air carrier1 as defined in  

section #djajb of title #di1 ,united    
,states ,code1 subject to the following 
requirements3 7,a7 ,in providing a break
 described in subsection 7a77#a7 to a   
crewmember1 an employer shall not be    
required to-- 7i7 completely relieve    
such crewmember from duty during break  
time taken during flight time2 or  7ii7 
provide such a break during critical    
phases of flight4  7,b7 ,nothing in this
 subsection shall require an employer to
 incur significant expense1 when        
considered in relation to the size1     
financial resources1 nature1 or         
structure of the employer's business1 to
 retrofit an aircraft4  7#b7 ,in this   
subsection-- 7,a7 the terms flight time 
and crewmember have the meaning given   
such terms in section #a4a of title #ad1
 ,code of ,federal ,regulations2 and    
7,b7 the term critical phases of flight 
has the meaning given the term in       
#aba4edb of title #ad1 ,code of ,federal
 ,regulations4  4  7b7 ,clarifying      
remedies ,section #af7;b7 of the ,fair  

,labor ,standards ,act of #aich 7#bi    
,u4,s4,c4 #baf7;b77 is amended by       
striking #ae7;a77#c7 each place the term
 appears and inserting #g7r7 or         
#ae7;a77#c74  7c7 ,guidance ,not later  
than #fj days after the date of         
enactment of this ,act1 the ,secretary  
of ,labor shall issue guidance with     
respect to employer compliance with     
section #ah;,d of the ,fair ,labor      
,standards ,act of #aich1 as amended by 
this ,act1 which shall be similar1 with 
respect to specific examples of         
compliance1 to the guidance relating to 
,supporting ,nursing ,moms at ,work     
published on the website of the ,office 
on ,women's ,health of the ,department  
of ,health and ,human ,services as of   
such date of enactment4  7d7 ,conforming
 coverage of certain other employees    
,section #bjc7;a77#a7 of the            
,congressional ,accountability ,act of  
#aiie 7#b ,u4,s4,c4 #acac7;a77#a77 is   
amended-- 7#a7 by striking and section  
#ab7;c7 and inserting section #ab7;c71  

and section #ah;,d2 and  7#b7 by        
inserting 1 #bah;,d after #bab7;c74  #c4
 ,effective date  7a7 ,expanding access 
,except as provided in subsection 7c71  
the amendments made under sections      
#b7;a7 and #b7;d7 shall take effect on  
the date that is #abj days after the    
date of enactment of this ,act4  7b7    
,remedies and clarification ,the        
amendments made under section #b7;b7    
shall take effect on the date of        
enactment of this ,act4  7c7            
,application of law ,section #ah;,d of  
the ,fair ,labor ,standards ,act of     
#aich 7as added by section #b7 shall not
 apply to crewmembers of an air carrier1
 as defined in section #djajb of title  
#di1 ,united ,states ,code1 until the   
date that is #a year after the date of  
enactment of this ,act4  #d4            
,regulations required ,not later than   
#ahj days after the date of enactment of
 this ,act1 the ,administrator of the   
,federal ,aviation ,administration1 in  
consultation with the ,secretary of     

,labor1 shall propose regulations1 as   
appropriate1 to-- 7#a7 identify         
appropriate means for air carriers1 as  
defined in section #djajb of title #di1 
,united ,states ,code1 to comply with   
subsection 7b77#a7 of section #ah;,d of 
the ,fair ,labor ,standards ,act of     
#aich during flight time2 and  7#b7     
update title #ad1 ,code of ,federal     
,regulations1 to ensure that expressing 
breast milk is considered a             
physiological need4  #e4 ,report ,not   
later than #bd months after the date of 
the enactment of this ,act1 the         
,comptroller ,general of the ,united    
,states shall submit a report to the    
,committee on ,education and ,labor of  
the ,house of ,representatives and the  
,committee on ,health1 ,education1      
,labor1 and ,pensions of the ,senate    
that contains recommendations as        
appropriate to improve compliance among 
covered employers1 including what is    
known about employee awareness of the   
rights afforded to them by the          

amendments made by this ,act4  #f4      
,report on racial disparities ,the      
,comptroller ,general shall-- 7#a7      
conduct a study on what is known about  
the racial disparities that exist with  
respect to access to pumping breastmilk 
in the workplace2 and  7#b7 submit to   
,congress a report on the results of    
such study containing such              
recommendations as the ,comptroller     
,general determines appropriate to      
address those disparities4  ,passed the 
,house of ,representatives ,october #bb1
 #bjba4;,cheryl ,l4 ,johnson1,clerk     
,october #bf1 #bjba,read twice and      
placed on the calendar