I 

114TH CONGRESS 

2D SESSION H. R. 4439 

To amend title 40, United States Code, to require that certain public buildings 

contain a lactation room for public use, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

FEBRUARY 2, 2016 

Ms. NORTON introduced the following bill; which was referred to the 

Committee on Transportation and Infrastructure 

A BILL 

To amend title 40, United States Code, to require that 

certain public buildings contain a lactation room for public use, 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 2016’’. 

6 SEC. 2. LACTATION ROOM IN PUBLIC BUILDINGS. 

7 (a) LACTATION ROOM IN PUBLIC BUILDINGS.— 

8 Chapter 33 of title 40, United States Code, is amended 

9 by adding at the end the following new section: 


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1 ‘‘§ 3317. Lactation room in public buildings 

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

3 ‘‘(1) APPROPRIATE AUTHORITY.—The term ‘ap4 propriate authority’ means the head of a Federal 

5 agency, the Architect of the Capitol, or other official 

6 authority responsible for the operation of a public 

7 building. 

8 ‘‘(2) COVERED PUBLIC BUILDING.—The term 

9 ‘covered public building’ means a public building (as 

10 defined in section 3301) that is open to the public 

11 and contains a public restroom, and includes a build12 ing listed in section 6301 or 5101. 

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

14 room’ means a hygienic place, other than a bath15 room, that— 

16 ‘‘(A) is shielded from view; 

17 ‘‘(B) is free from intrusion; and 

18 ‘‘(C) contains a chair, a working surface, 

19 and, if the public building is otherwise supplied 

20 with electricity, an electrical outlet. 

21 ‘‘(b) LACTATION ROOM REQUIRED.—Except as pro22 vided in subsection (c), the appropriate authority of a cov23 ered public building shall ensure that the building contains 

24 a lactation room that is made available for use by a mem25 ber of the public to express breast milk. 


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

2 excluded from the requirement in subsection (b) at the dis3 cretion of the appropriate authority if— 

4 ‘‘(1) the public building— 

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

6 employees who work in the building; and 

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

8 repurposed as a lactation room or a space that 

9 could be made private using portable materials, 

10 at a reasonable cost; or 

11 ‘‘(2) new construction would be required to cre12 ate a lactation room in the public building and the 

13 cost of such construction is unfeasible. 

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

15 section shall be construed to authorize an individual to 

16 enter a public building that the individual is not otherwise 

17 authorized to enter.’’. 

18 (b) TECHNICAL AND CONFORMING AMENDMENT.— 

19 The table of sections at the beginning of chapter 33 of 

20 title 40, United States Code, is amended by inserting after 

21 the item related to section 3316 the following new item: 

‘‘3317. Lactation room in public buildings.’’. 

22 (c) EFFECTIVE DATE.—This Act and the amend23 ments made by this Act shall take effect one year after 

24 the date of the enactment of this Act. 

Æ 


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