H.R. 3110House117th Congress (2021-2023)Passed House

PUMP for Nursing Mothers Act

Introduced May 11, 2021

AI-Generated Summary

Updated February 8, 2026 at 2:49 AM UTC

The PUMP for Nursing Mothers Act amends the Fair Labor Standards Act to give more workplace support for nursing mothers. It requires employers to provide reasonable break time and a private, non‑bathroom space for expressing breast milk for up to two years after birth. The rule applies to most employers, with limited exemptions for very small businesses and special rules for airline crew.

Key Provisions

  • Adds a new Section 18D that obligates employers to give reasonable break time and a shielded, non‑bathroom area for nursing employees to pump breast milk.
  • Break time counts as work hours unless the employee is completely relieved from duty during the break.
  • Exempts employers with fewer than 50 employees only if compliance would cause undue hardship.
  • Specifies that air carriers must allow breaks for crew members but not during critical flight phases or require full relief from duty.
  • Clarifies that violations can be pursued under existing FLSA enforcement provisions.
  • Directs the Secretary of Labor to issue compliance guidance within 60 days of enactment.
  • Requires the Comptroller General to report on employer compliance and study racial disparities in access to pumping facilities.

Legislative Activity

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20 earlier actions
SenateCalendars Latest Action

Read twice. Placed on Senate Legislative Calendar under General Orders. Calendar No. 155.

October 26, 2021

View full timeline
HouseIntro Referral

Introduced in House

May 11, 2021

HouseIntro Referral

Referred to the House Committee on Education and Labor.

May 11, 2021

HouseCommittee

Committee Consideration and Mark-up Session Held.

May 26, 2021

HouseCommittee

Ordered to be Reported (Amended) by the Yeas and Nays: 28 - 19.

May 26, 2021

HouseCommittee

Reported (Amended) by the Committee on Education and Labor. H. Rept. 117-102.

July 22, 2021

HouseCalendars

Placed on the Union Calendar, Calendar No. 75.

July 22, 2021

HouseFloor

Rules Committee Resolution H. Res. 716 Reported to House. Rule provides for consideration of H.R. 2119, H.R. 3110 and H.R. 3992. The resolution provides that H. Res. 188, agreed to March 8, 2021, is amended by striking "October 27, 2021" each place it appears and inserting "November 18, 2021.

October 12, 2021 • 4:02 PM

HouseFloor

Considered under the provisions of rule H. Res. 716. (consideration: CR H5798-5816; text: CR H5814)

October 22, 2021 • 9:17 AM

HouseFloor

Rule provides for consideration of H.R. 2119, H.R. 3110 and H.R. 3992. The resolution provides that H. Res. 188, agreed to March 8, 2021, is amended by striking "October 27, 2021" each place it appears and inserting "November 18, 2021.

October 22, 2021 • 9:18 AM

HouseFloor

DEBATE - The House proceeded with one hour of debate on H.R. 3110.

October 22, 2021 • 9:18 AM

HouseFloor

DEBATE - Pursuant to the provisions of H. Res. 716, the House proceeded with 10 minutes of debate on the Ross amendment No. 1.

October 22, 2021 • 10:08 AM

HouseFloor

DEBATE - Pursuant to the provisions of H. Res. 716, the House proceeded with 10 minutes of debate on the Strickland amendment No. 2.

October 22, 2021 • 10:16 AM

HouseFloor

The previous question was ordered pursuant to the rule.

October 22, 2021 • 10:24 AM

HouseFloor

Ms. Van Duyne moved to recommit to the Committee on Education and Labor.

October 22, 2021 • 10:24 AM

HouseFloor

The previous question on the motion to recommit was ordered pursuant to clause 2(b) of rule XIX.

October 22, 2021 • 10:24 AM

HouseFloor

On motion to recommit Failed by the Yeas and Nays: 200 - 224 (Roll no. 330).

October 22, 2021 • 11:02 AM

HouseFloor

Passed/agreed to in House: On passage Passed by the Yeas and Nays: 276 - 149 (Roll no. 331).(text: CR H5798)

October 22, 2021 • 11:37 AM

HouseFloor

On passage Passed by the Yeas and Nays: 276 - 149 (Roll no. 331). (text: CR H5798)

October 22, 2021 • 11:37 AM

HouseFloor

Motion to reconsider laid on the table Agreed to without objection.

October 22, 2021 • 11:37 AM

SenateIntro Referral

Received in the Senate.

October 25, 2021

SenateCalendars

Read twice. Placed on Senate Legislative Calendar under General Orders. Calendar No. 155.

October 26, 2021

Floor Debate

21 members

What members said about H.R. 3110 on the floor

9 Republicans12 Democrats
Steny H. Hoyer
Rep. Steny H. HoyerD-MD-5 · Sep 24, 2021

Mr. Speaker, on Monday, the House will meet at 12 p.m. for morning-hour and 2 p.m. for legislative business, with votes postponed until 6:30 p.m. On Tuesday, Wednesday, and Thursday, the House will…

Virginia Foxx
Rep. Virginia FoxxR-NC-5 · Oct 22, 2021

Madam Speaker, I yield myself such time as I may consume. Madam Speaker, I rise today in opposition to H.R. 3110. This act puts overly burdensome, one-size-fits-all requirements on businesses. While…

Marilyn Strickland
Rep. Marilyn StricklandD-WA-10 · Oct 22, 2021

Madam Speaker, I have an amendment at the desk. Madam Speaker, I yield myself such time as I may consume. Madam Speaker, there are several contributing factors to why nursing mothers may choose not…

Sheila Jackson Lee
Rep. Sheila Jackson LeeD-TX-18 · Oct 12, 2021

Mr. Speaker, let me thank the distinguished gentleman from Massachusetts and my friends on the other side of the aisle. The good news is that Democrats, and I hope some good friends, some…

James P. McGovern
Rep. James P. McGovernD-MA-2 · Oct 12, 2021

Mr. Speaker, by direction of the Committee on Rules, I call up House Resolution 716 and ask for its immediate consideration. Mr. Speaker, for the purpose of debate only, I yield the customary 30…

Show 8 more
Steve Scalise
Rep. Steve ScaliseR-LA-1 · Sep 24, 2021

Mr. Speaker, I rise to inquire of the majority leader the schedule for next week. Mr. Speaker, I yield formally to the gentleman from Maryland (Mr. Hoyer), my friend, the majority leader. Mr.…

Lucille Roybal-Allard
Rep. Lucille Roybal-AllardD-CA-40 · Oct 22, 2021

Madam Speaker, I rise in support of the PUMP Act to expand workplace protections for breastfeeding moms and ensure they have access to appropriate and necessary accommodations. Decades of research…

Suzanne Bonamici
Rep. Suzanne BonamiciD-OR-1 · Oct 22, 2021

Madam Speaker, I rise in strong support of the bipartisan PUMP for Nursing Mothers Act. Since 2010, the Affordable Care Act has required employers to provide nursing mothers with break time to…

Steny H. Hoyer
Rep. Steny H. HoyerD-MD-5 · Oct 12, 2021

I thank the chairman for yielding. Mr. Speaker, this is our debt. It is America's debt. Now, I agree with the chairman of the Rules Committee that some of this debt clearly accumulates from tax cuts,…

Carolyn B. Maloney
Rep. Carolyn B. MaloneyD-NY-12 · Oct 22, 2021

Madam Speaker, I thank the gentleman for yielding and for his incredible leadership in this body. I rise today in strong support of H.R. 3110, the PUMP for Nursing Mothers Act, a bipartisan bill I…

Robert C. "Bobby" Scott
Rep. Robert C. "Bobby" ScottD-VA-3 · Oct 22, 2021

Madam Speaker, pursuant to House Resolution 716, I call up the bill (H.R. 3110) to amend the Fair Labor Standards Act of 1938 to expand access to breastfeeding accommodations in the workplace, and…

Michelle Fischbach
Rep. Michelle FischbachR-MN-7 · Oct 12, 2021

Mr. Speaker, I yield myself such time as I may consume, and I thank the gentleman from Massachusetts (Mr. McGovern) for yielding me the customary 30 minutes. Mr. Speaker, H. Res. 716 provides for the…

Sheila Jackson Lee
Rep. Sheila Jackson LeeD-TX-18 · Oct 22, 2021

Madam Speaker, I rise today in support H.R. 3110, the ``Pump for Nursing Mothers Act,'' which will close an unintentional loophole in the 2010 Break Time for Nursing Mothers Act. The 2010 law…

Show 11 more
Michael C. Burgess
Rep. Michael C. BurgessR-TX-26 · Oct 12, 2021

Mr. Speaker, this is a lot of money that we are talking about. But it is not just the volumes of money; it is the velocity with which we are spending money over these last 2 years. Yes, the…

Jaime Herrera Beutler
Rep. Jaime Herrera BeutlerR-WA-3 · Oct 22, 2021

Madam Speaker, I rise today in support of our bipartisan bill, the PUMP for Nursing Mothers Act. Honestly, the whole goal of this legislation is to protect a nursing mother's ability to provide for…

Nancy Pelosi
Rep. Nancy PelosiD-CA-12 · Oct 12, 2021

Mr. Speaker, I thank the gentleman for yielding, for his ongoing leadership to bring this important legislation to the floor, and for the work of the Rules Committee ongoing to make sure that we have…

Deborah K. Ross
Rep. Deborah K. RossD-NC-2 · Oct 22, 2021

Madam Speaker, I have an amendment at the desk. Madam Speaker, I yield myself such time as I may consume. Madam Speaker, I rise today to urge support for my amendment. My amendment to the PUMP for…

Mariannette Miller-Meeks
Rep. Mariannette Miller-MeeksR-IA-2 · Oct 22, 2021

Madam Speaker, I thank Dr. Foxx for yielding me time to speak on this important issue. As a mother and a physician, I understand the tremendous value that nursing an infant brings both to the mother…

Lauren Underwood
Rep. Lauren UnderwoodD-IL-14 · Oct 22, 2021

Madam Speaker, every mom returning to the workforce after childbirth should be provided the time and space that they need to safely and privately pump breast milk at work. As a nurse, I understand…

Beth Van Duyne
Rep. Beth Van DuyneR-TX-24 · Oct 22, 2021

Madam Speaker, if we adopt the motion to recommit, we will instruct the Committee on Education and Labor to consider an amendment to exempt certain industries with unique workplace environments from…

Donald S. Beyer, Jr.
Rep. Donald S. Beyer, Jr.D-VA-8 · Oct 12, 2021

Mr. Speaker, I rise in support of the legislation to pay America's bills and avoid a catastrophic default. Raising the debt ceiling doesn't incur new debts. It simply allows the Treasury Department…

Debbie Lesko
Rep. Debbie LeskoR-AZ-8 · Oct 12, 2021

Madam Speaker, had I been present, I would have voted ``yea'' on rollcall No. 314 and ``nay'' on rollcall No. 315. Members Recorded Pursuant to House Resolution 8, 117th Congress Adams (Brown)…

Sheila Jackson Lee
Rep. Sheila Jackson LeeD-TX-18 · Oct 22, 2021

Madam Speaker, I rise today in support H.R. 3110, the ``Pump for Nursing Mothers Act,'' which will close an unintentional loophole in the 2010 Break Time for Nursing Mothers Act. The 2010 law…

Christopher H. Smith
Rep. Christopher H. SmithR-NJ-4 · Oct 15, 2021

Mr. Speaker, against the backdrop of President Biden's demand that Congress immediately pass an unprecedented $3.5 trillion tax and spend budget package that constitutes the largest tax hike since…

Bill Text

4 versions available

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Latest
Placed on Calendar SenateIssued October 26, 2021

II

Calendar No. 155

117th CONGRESS

1st Session

H. R. 3110

IN THE SENATE OF THE UNITED STATES

October 25, 2021

Received

October 26, 2021

Read twice and placed on the calendar

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.

Short title

This Act may be cited as the Providing Urgent Maternal Protections for Nursing Mothers Act or the PUMP for Nursing Mothers Act.

2.

Breastfeeding accommodations in the workplace

(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:

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 beginning on the date on which the circumstances related to such need arise; and

(2)

a place, other than a bathroom, that is shielded from view and free from intrusion from coworkers 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 employees 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 shall inform the employer of the failure to provide adequate 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 employer conduct related to this section; or

(B)

the employer has indicated that the employer 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:

(A)

In providing a break described in subsection (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 considered in relation to the size, financial resources, nature, or structure of the employer's business, to retrofit 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 appears and inserting 7(r) or 15(a)(3).

(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 respect to specific examples of compliance, 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 enactment.

(d)

Conforming coverage of certain other employees

Section 203(a)(1) of the Congressional Accountability Act of 1995 (2 U.S.C. 1313(a)(1)) is amended—

(1)

by striking and section 12(c) and inserting section 12(c), and section 18D; and

(2)

by inserting , 218D after 212(c).

3.

Effective date

(a)

Expanding access

Except as provided in subsection (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 amendments made under section 2(b) shall take effect on the date of enactment of this Act.

(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.

4.

Regulations required

Not later than 180 days after the date of enactment of this Act, the Administrator of the Federal Aviation Administration, 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 section 18D of the Fair Labor Standards Act of 1938 during flight time; and

(2)

update title 14, Code of Federal Regulations, to ensure that expressing breast milk is considered a physiological need.

5.

Report

Not later than 24 months after the date of the enactment of this Act, 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 Health, Education, Labor, and Pensions of the Senate that contains recommendations as appropriate to improve compliance among covered employers, including what is known about employee awareness of the rights afforded to them by the amendments made by this Act.

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.

Cheryl L. Johnson,

Clerk

October 26, 2021

Read twice and placed on the calendar