Fairness For Breastfeeding Mothers Act of 2019

116TH CONGRESS 1ST SESSION S. 528 AN ACT To amend title 40, United States Code, to provide a lactation room in public buildings, and for other purposes. Be it enacted by the Senate and House of Representa- 1 tives of the United States of America in Congress assembled, 2 2 † S 528 ES SECTION 1. SHORT TITLE. 1 This Act may be cited as the ‘‘Fairness For 2 Breastfeeding Mothers Act of 2019’’. 3 SEC. 2. LACTATION ROOMS IN PUBLIC BUILDINGS. 4 (a) IN GENERAL.—Chapter 33 of title 40, United 5 States Code, is amended— 6 (1) by redesignating sections 3315, 3316, and 7 3317 as sections 3316, 3317, and 3318, respectively; 8 and 9 (2) by inserting after section 3314 the fol- 10 lowing: 11 ‘‘§ 3315. Lactation rooms in public buildings 12 ‘‘(a) DEFINITIONS.—In this section: 13 ‘‘(1) APPROPRIATE AUTHORITY.—The term ‘ap- 14 propriate authority’ means— 15 ‘‘(A) the head of a Federal agency; 16 ‘‘(B) the Architect of the Capitol; and 17 ‘‘(C) another official authority responsible 18 for the operation of a public building. 19 ‘‘(2) COVERED PUBLIC BUILDING.— 20 ‘‘(A) IN GENERAL.—The term ‘covered 21 public building’ means a public building that— 22 ‘‘(i) is open to the public; and 23 ‘‘(ii) contains a public restroom. 24 3 † S 528 ES ‘‘(B) INCLUSION.—The term ‘covered pub- 1 lic building’ includes a building listed in section 2 5101 or 6301. 3 ‘‘(3) LACTATION ROOM.—The term ‘lactation 4 room’ means a hygienic place, other than a bath- 5 room, that— 6 ‘‘(A) is shielded from view; 7 ‘‘(B) is free from intrusion; and 8 ‘‘(C) contains— 9 ‘‘(i) a chair; 10 ‘‘(ii) a working surface; and 11 ‘‘(iii) if the public building is supplied 12 with electricity, an electrical outlet. 13 ‘‘(b) LACTATION ROOMS REQUIRED.—Except as pro- 14 vided in subsection (c), the appropriate authority of a cov- 15 ered public building shall ensure that the building contains 16 a lactation room that is made available for use by mem- 17 bers of the public to express breast milk. 18 ‘‘(c) EXCEPTIONS.—A covered public building may be 19 excluded from the requirement in subsection (b) at the dis- 20 cretion of the appropriate authority if— 21 ‘‘(1) the public building— 22 ‘‘(A) does not contain a lactation room for 23 employees who work in the building; and 24 4 † S 528 ES ‘‘(B) does not have a room that could be 1 repurposed as a lactation room or a space that 2 could be made private using portable materials, 3 at a reasonable cost; or 4 ‘‘(2) new construction would be required to cre- 5 ate a lactation room in the public building and the 6 cost of the construction is not feasible. 7 ‘‘(d) NO UNAUTHORIZED ENTRY.—Nothing in this 8 section authorizes an individual to enter a public building 9 or portion of a public building that the individual is not 10 otherwise authorized to enter.’’. 11 (b) TECHNICAL AMENDMENT.—The table of sections 12 for chapter 33 of title 40, United States Code, is amended 13 by striking the items relating to sections 3315 through 14 3317 and inserting the following: 15 ‘‘3315. Lactation rooms in public buildings. ‘‘3316. Delegation. ‘‘3317. Report to Congress. ‘‘3318. Certain authority not affected.’’. (c) EFFECTIVE DATE.—The amendments made by 16 this section shall take effect 1 year after the date of enact- 17 ment of this Act. 18 Passed the Senate June 26, 2019. Attest: Secretary. 116TH CONGRESS 1ST SESSION S. 528 AN ACT To amend title 40, United States Code, to provide a lactation room in public buildings, and for other purposes.