IIB 

116TH CONGRESS 

1ST SESSION H. R. 866 

IN THE SENATE OF THE UNITED STATES 

FEBRUARY 7, 2019 

Received; read twice and referred to the Committee on Environment and 

Public Works 

AN ACT 

To provide a lactation room in public buildings. 

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


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HR 866 RFS

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 ROOM IN PUBLIC BUILDINGS. 

5 (a) LACTATION ROOM IN PUBLIC BUILDINGS.— 

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

7 by adding at the end the following new section: 

8 ‘‘§ 3318. Lactation room in public buildings 

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

10 ‘‘(1) APPROPRIATE AUTHORITY.—The term ‘ap11 propriate authority’ means the head of a Federal 

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

13 authority responsible for the operation of a public 

14 building. 

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

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

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

18 and contains a public restroom, and includes a build19 ing listed in section 6301 or 5101. 

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

21 room’ means a hygienic place, other than a bath22 room, that— 

23 ‘‘(A) is shielded from view; 

24 ‘‘(B) is free from intrusion; and 


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HR 866 RFS

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

2 and, if the public building is otherwise supplied 

3 with electricity, an electrical outlet. 

4 ‘‘(b) LACTATION ROOM REQUIRED.—Except as pro5 vided in subsection (c), the appropriate authority of a cov6 ered public building shall ensure that the building contains 

7 a lactation room that is made available for use by mem8 bers of the public to express breast milk. 

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

10 excluded from the requirement in subsection (b) at the dis11 cretion of the appropriate authority if— 

12 ‘‘(1) the public building— 

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

14 employees who work in the building; and 

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

16 repurposed as a lactation room or a space that 

17 could be made private using portable materials, 

18 at a reasonable cost; or 

19 ‘‘(2) new construction would be required to cre20 ate a lactation room in the public building and the 

21 cost of such construction is unfeasible. 

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

23 section shall be construed to authorize an individual to 

24 enter a public building or portion thereof that the indi25 vidual is not otherwise authorized to enter.’’. 


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1 (b) CLERICAL AMENDMENT.—The table of sections 

2 at the beginning of chapter 33 of title 40, United States 

3 Code, is amended by inserting after the item related to 

4 section 3316 the following new item: 

‘‘3318. Lactation room in public buildings.’’. 

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

6 this section shall take effect 1 year after the date of the 

7 enactment of this Act. 

Passed the House of Representatives February 6, 

2019. 

Attest: KAREN L. HAAS, 

Clerk. 


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