Public Law 116-30. Fairness For Breastfeeding Mothers Act of 2019

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An Act To provide a lactation room in public buildings.July 25, 2019[[H.R. 866](/us/bill/116/hr/866)] * Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,* Fairness For Breastfeeding Mothers Actof 2019.[40 USC 101 note](/us/usc/t40/s101). ## SECTION 1 SHORT TITLE This Act may be cited as the “Fairness For Breastfeeding Mothers Act of 2019”. ## 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: > > ## “§ 3318 [40 USC 3318](/us/usc/t40/s3318). Lactation room in public buildings > > > ### “(a) Definitions > > In this section: > > > #### “(1) Appropriate authority > > The term ‘**appropriate 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 building listed in section 6301 or 5101. > > > #### “(3) Lactation room > > The term ‘**lactation room**’ means a hygienic place, other than a bathroom, 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 provided in subsection (c), the appropriate authority of a covered public building shall ensure that the building contains a lactation room that is made available for use by members of the public to express breast milk. > > > ### “(c) Exceptions > > A covered public building may be excluded from the requirement in subsection

(b)at the discretion 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; or133 STAT. 1033 > > > #### “(2) > > new construction would be required to create 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 or portion thereof that the individual is not otherwise authorized to enter.” > . ###

(b)Clerical Amendment The table of sections at the beginning of [chapter 33 of title 40, United States Code](/us/usc/t40/ch33),[40 USC 3301](/us/usc/t40/s3301) prec. is amended by inserting after the item related to section 3316 the following new item:" “3318. Lactation room in public buildings.”. " ###

(c)Effective Date [40 USC 3318 note](/us/usc/t40/s3318). The amendments made by this section shall take effect 1 year after the date of the enactment of this Act. Approved July 25, 2019.

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