116TH CONGRESS 

1ST SESSION S. 528 

AN ACT 

To amend title 40, United States Code, to provide a lactation 

room in public buildings, and for other purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 
2 

†S 528 ES

1 SECTION 1. SHORT TITLE. 

2 This Act may be cited as the ‘‘Fairness For 

3 Breastfeeding Mothers Act of 2019’’. 

4 SEC. 2. LACTATION ROOMS IN PUBLIC BUILDINGS. 

5 (a) IN GENERAL.—Chapter 33 of title 40, United 

6 States Code, is amended— 

7 (1) by redesignating sections 3315, 3316, and 

8 3317 as sections 3316, 3317, and 3318, respectively; 

9 and 

10 (2) by inserting after section 3314 the fol11 lowing: 

12 ‘‘§ 3315. Lactation rooms in public buildings 

13 ‘‘(a) DEFINITIONS.—In this section: 

14 ‘‘(1) APPROPRIATE AUTHORITY.—The term ‘ap15 propriate authority’ means— 

16 ‘‘(A) the head of a Federal agency; 

17 ‘‘(B) the Architect of the Capitol; and 

18 ‘‘(C) another official authority responsible 

19 for the operation of a public building. 

20 ‘‘(2) COVERED PUBLIC BUILDING.— 

21 ‘‘(A) IN GENERAL.—The term ‘covered 

22 public building’ means a public building that— 

23 ‘‘(i) is open to the public; and 

24 ‘‘(ii) contains a public restroom. 
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†S 528 ES

1 ‘‘(B) INCLUSION.—The term ‘covered pub2 lic building’ includes a building listed in section 

3 5101 or 6301. 

4 ‘‘(3) LACTATION ROOM.—The term ‘lactation 

5 room’ means a hygienic place, other than a bath6 room, that— 

7 ‘‘(A) is shielded from view; 

8 ‘‘(B) is free from intrusion; and 

9 ‘‘(C) contains— 

10 ‘‘(i) a chair; 

11 ‘‘(ii) a working surface; and 

12 ‘‘(iii) if the public building is supplied 

13 with electricity, an electrical outlet. 

14 ‘‘(b) LACTATION ROOMS REQUIRED.—Except as pro15 vided in subsection (c), the appropriate authority of a cov16 ered public building shall ensure that the building contains 

17 a lactation room that is made available for use by mem18 bers of the public to express breast milk. 

19 ‘‘(c) EXCEPTIONS.—A covered public building may be 

20 excluded from the requirement in subsection (b) at the dis21 cretion of the appropriate authority if— 

22 ‘‘(1) the public building— 

23 ‘‘(A) does not contain a lactation room for 

24 employees who work in the building; and 
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†S 528 ES

1 ‘‘(B) does not have a room that could be 

2 repurposed as a lactation room or a space that 

3 could be made private using portable materials, 

4 at a reasonable cost; or 

5 ‘‘(2) new construction would be required to cre6 ate a lactation room in the public building and the 

7 cost of the construction is not feasible. 

8 ‘‘(d) NO UNAUTHORIZED ENTRY.—Nothing in this 

9 section authorizes an individual to enter a public building 

10 or portion of a public building that the individual is not 

11 otherwise authorized to enter.’’. 

12 (b) TECHNICAL AMENDMENT.—The table of sections 

13 for chapter 33 of title 40, United States Code, is amended 

14 by striking the items relating to sections 3315 through 

15 3317 and inserting the following: 

‘‘3315. Lactation rooms in public buildings. 

‘‘3316. Delegation. 

‘‘3317. Report to Congress. 

‘‘3318. Certain authority not affected.’’. 

16 (c) EFFECTIVE DATE.—The amendments made by 

17 this section shall take effect 1 year after the date of enact18 ment of this Act. 

Passed the Senate June 26, 2019. 

Attest: 

Secretary. 

116TH CONGRESS 

1ST SESSION S. 528 

AN ACT 

To amend title 40, United States Code, to provide 

other purposes. a lactation room in public buildings, and for