II 

116TH CONGRESS 

1ST SESSION S. 528 

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

public buildings, and for other purposes. 

IN THE SENATE OF THE UNITED STATES 

FEBRUARY 14, 2019 

Mr. DAINES (for himself, Mr. COONS, Ms. DUCKWORTH, Mr. MERKLEY, and 

Ms. WARREN) introduced the following bill; which was read twice and referred to the Committee on Environment and Public Works 

A BILL 

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, 

3 SECTION 1. SHORT TITLE. 

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

5 Breastfeeding Mothers Act of 2019’’. 

6 SEC. 2. LACTATION ROOMS IN PUBLIC BUILDINGS. 

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

8 States Code, is amended— 


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

2 3317 as sections 3316, 3317, and 3318, respectively; 

3 and 

4 (2) by inserting after section 3314 the fol5 lowing: 

6 ‘‘§ 3315. Lactation rooms in public buildings 

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

8 ‘‘(1) APPROPRIATE AUTHORITY.—The term ‘ap9 propriate authority’ means— 

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

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

12 ‘‘(C) another official authority responsible 

13 for the operation of a public building. 

14 ‘‘(2) COVERED PUBLIC BUILDING.— 

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

16 public building’ means a public building that— 

17 ‘‘(i) is open to the public; and 

18 ‘‘(ii) contains a public restroom. 

19 ‘‘(B) INCLUSION.—The term ‘covered pub20 lic building’ includes a building listed in section 

21 5101 or 6301. 

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

23 room’ means a hygienic place, other than a bath24 room, that— 

25 ‘‘(A) is shielded from view; 


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1 ‘‘(B) is free from intrusion; and 

2 ‘‘(C) contains— 

3 ‘‘(i) a chair; 

4 ‘‘(ii) a working surface; and 

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

6 with electricity, an electrical outlet. 

7 ‘‘(b) LACTATION ROOMS REQUIRED.—Except as pro8 vided in subsection (c), the appropriate authority of a cov9 ered public building shall ensure that the building contains 

10 a lactation room that is made available for use by mem11 bers of the public to express breast milk. 

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

13 excluded from the requirement in subsection (b) at the dis14 cretion of the appropriate authority if— 

15 ‘‘(1) the public building— 

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

17 employees who work in the building; and 

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

19 repurposed as a lactation room or a space that 

20 could be made private using portable materials, 

21 at a reasonable cost; or 

22 ‘‘(2) new construction would be required to cre23 ate a lactation room in the public building and the 

24 cost of the construction is not feasible. 


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

2 section authorizes an individual to enter a public building 

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

4 otherwise authorized to enter.’’. 

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

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

7 by striking the items relating to sections 3315 through 

8 3317 and inserting the following: 

‘‘3315. Lactation rooms in public buildings. 

‘‘3316. Delegation. 

‘‘3317. Report to Congress. 

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

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

10 this section shall take effect 1 year after the date of enact11 ment of this Act. 

Æ 


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