,,ii #aahth ,,congress #ast ,session ,s4 #agbb ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,may #ah1 #bjbc,mr4 ,merkley 7for himself1 ,mrs4 ,murray1 ,mr4 ,fetterman1 ,mr4 ,booker1 ,mr4 ,blumenthal1 and ,mrs4 ,gillibrand7 introduced the following bill2 which was read twice and referred to the ,committee on ,health1 ,education1 ,labor1 and ,pensions ,a ,,bill ,to expand access to breastfeeding accommodations in the workplace for certain employees of air carrier employers4 #a4 ,short title ,this ,act may be cited as the ,,air ,,pump ,act4 #b4 ,definitions ,for purposes of this ,act3 7#a7 ,air carrier ,the term air carrier has the meaning given such term in section #djajb of title #di1 ,united ,states ,code4 7#b7 ,air carrier employer ,the term air carrier employer means an air carrier that is an employer4 7#c7 ,crewmember ,the term crewmember has the meaning given such term in section #a4a of title #ad1 ,code of ,federal ,regulations 7or successor regulations74 7#d7 ,critical phases of flight ,the term critical phases of flight has the meaning given such term in #aba4edb of title #ad1 ,code of ,federal ,regulations 7or successor regulations74 7#e7 ,employee2 employer ,the terms employee and employer have the meanings given such terms in section #c of the ,fair ,labor ,standards ,act of #aich 7#bi ,u4,s4,c4 #bjc74 #c4 ,breastfeeding accommodations in the workplace for certain employees of air carrier employers 7a7 ,in general ,an air carrier employer that1 as described in subsection 7b71 is subject to the requirements of this section with respect to an employee who is a crewmember shall provide-- 7#a7 a reasonable break time for such an employee to express breast milk for such employee's nursing child for #a year after the child's birth each time such employee has need to express the milk2 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 such an employee to express breast milk4 7b7 ,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 7as defined and delimited by the ,administrator of the ,federal ,aviation ,administration through regulations issued under section #e7-- 7#a7 in providing a break described in subsection 7a77#a7 to such an employee1 an air carrier employer shall not be required to provide such break during critical phases of flight2 and 7#b7 compliance with the requirements of this section does not-- 7,a7 impact the safety or security of flight or the operation of an aircraft in flight or on the ground2 or 7,b7 require the air carrier employer to incur significant expense1 such as through the addition of a crewmember in response to providing a break described in subsection 7a77#a7 to another crewmember1 removal or retrofitting of seats1 or the modification or retrofitting of an aircraft4 7c7 ,significant expense ,for purposes of subsection 7b77#b77;,b71 modifying or retrofitting an aircraft by installing a curtain or other screening protection shall not be considered a significant expense4 #d4 ,anti-retaliation ,it shall be unlawful for any person to discharge or in any other manner discriminate against any employee who is a crewmember because such employee has-- 7#a7 filed any complaint or instituted or caused to be instituted any proceeding under or related to this ,act or1 as described in subsections 7a7 and 7b7 of section #f1 the ,fair ,labor ,standards ,act of #aich 7#bi ,u4,s4,c4 #bja et seq472 or 7#b7 testified or is about to testify in any such proceeding4 #e4 ,rulemaking ,not later than #c years after the date of enactment of this section1 the ,administrator of the ,federal ,aviation ,administration1 in consultation with the ,secretary of ,labor1 shall issue regulations1 as appropriate1 to define and delimit the terms and conditions under section #c for all crewmember time onboard an aircraft4 #f4 ,remedies 7a7 ,enforcement by the ,secretary 7#a7 ,in general ,the ,secretary of ,labor shall receive1 investigate1 and attempt to resolve complaints of violations of sections #c and #d in the same manner that the ,secretary of ,labor receives1 investigates1 and attempts to resolve complaints of violations of sections #ah;,d and #ae7;a77#c7 of the ,fair ,labor ,standards ,act of #aich 7#bi ,u4,s4,c4 #bah;d2 #bae7;a77#c771 respectively4 7#b7 ,violations 7,a7 ,section #c ,an air carrier employer that violates section #c shall-- 7i7 be considered to be in violation of section #ah;,d of the ,fair ,labor ,standards ,act of #aich 7#bi ,u4,s4,c4 #bah;d72 and 7ii7 be subject to the penalties described in sections #af and #ag of such ,act 7#bi ,u4,s4,c4 #baf2 #bag7 with respect to such violation4 7,b7 ,section #d ,an air carrier employer that violates section #d shall-- 7i7 be considered to be in violation of section #ae7;a77#c7 of the ,fair ,labor ,standards ,act of #aich 7#bi ,u4,s4,c4 #bae7;a77#c772 and 7ii7 be subject to the penalties described in sections #af and #ag of such ,act 7#bi ,u4,s4,c4 #baf2 #bag7 with respect to such violation4 7b7 ,private right of action ,an action alleging a violation of section #c or #d may be maintained 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 employee1 or the employee and others similarly situated1 in the same manner1 and subject to the same remedies 7including attorney's fees and costs of the action71 as an action brought under section #af of the ,fair ,labor ,standards ,act of #aich 7#bi ,u4,s4,c4 #baf7 by an employee alleging a violation of section #ah;,d or #ae7;a77#c7 of such ,act 7#bi ,u4,s4,c4 #bah;d2 #bae7;a77#c771 respectively4 #g4 ,effective date ,this ,act shall take effect on the date that is #ahj days after the date of enactment of this ,act4