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 pub-
lic use, and for other purposes. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Fairness for 
Breastfeeding Mothers Act of 2016’’. 
SEC. 2. LACTATION ROOM IN PUBLIC BUILDINGS. 
(a) LACTATION ROOM
IN PUBLIC BUILDINGS.— 
Chapter 33 of title 40, United States Code, is amended 
by adding at the end the following new section: 
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‘‘§ 3317. Lactation room in public buildings 
‘‘(a) DEFINITIONS.—In this section: 
‘‘(1) APPROPRIATE AUTHORITY.—The term ‘ap-
propriate authority’ means the head of a Federal 
agency, the Architect of the Capitol, or other official 
authority responsible for the operation of a public 
building. 
‘‘(2) COVERED PUBLIC BUILDING.—The term 
‘covered public building’ means a public building (as 
defined in section 3301) that is open to the public 
and contains a public restroom, and includes a build-
ing listed in section 6301 or 5101. 
‘‘(3) LACTATION
ROOM.—The term ‘lactation 
room’ means a hygienic place, other than a bath-
room, that— 
‘‘(A) is shielded from view; 
‘‘(B) is free from intrusion; and 
‘‘(C) contains a chair, a working surface, 
and, if the public building is otherwise supplied 
with electricity, an electrical outlet. 
‘‘(b) LACTATION ROOM REQUIRED.—Except as pro-
vided in subsection (c), the appropriate authority of a cov-
ered public building shall ensure that the building contains 
a lactation room that is made available for use by a mem-
ber of the public to express breast milk. 
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‘‘(c) EXCEPTIONS.—A covered public building may be 
excluded from the requirement in subsection (b) at the dis-
cretion of the appropriate authority if— 
‘‘(1) the public building— 
‘‘(A) does not contain a lactation room for 
employees who work in the building; and 
‘‘(B) does not have a room that could be 
repurposed as a lactation room or a space that 
could be made private using portable materials, 
at a reasonable cost; or 
‘‘(2) new construction would be required to cre-
ate a lactation room in the public building and the 
cost of such construction is unfeasible. 
‘‘(d) NO UNAUTHORIZED ENTRY.—Nothing in this 
section shall be construed to authorize an individual to 
enter a public building that the individual is not otherwise 
authorized to enter.’’. 
(b) TECHNICAL AND CONFORMING AMENDMENT.— 
The table of sections at the beginning of chapter 33 of 
title 40, United States Code, is amended by inserting after 
the item related to section 3316 the following new item: 
‘‘3317. Lactation room in public buildings.’’. 
(c) EFFECTIVE DATE.—This Act and the amend-
ments made by this Act shall take effect one year after 
the date of the enactment of this Act. 
Æ 
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