§ 3318 - Lactation room in public buildings

CHAPTER 33— ACQUISITION, CONSTRUCTION, AND ALTERATION

(a) In this section:

(a)(1) 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.

(a)(2) 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.

(a)(3) The term “lactation room” means a hygienic place, other than a bathroom, that—

(a)(3)(A) is shielded from view;

(a)(3)(B) is free from intrusion; and

(a)(3)(C) contains a chair, a working surface, and, if the public building is otherwise supplied with electricity, an electrical outlet.

(b) 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) A covered public building may be excluded from the requirement in subsection (b) at the discretion of the appropriate authority if—

(c)(1) the public building—

(c)(1)(A) does not contain a lactation room for employees who work in the building; and

(c)(1)(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

(c)(2) new construction would be required to create a lactation room in the public building and the cost of such construction is unfeasible.

(d) 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.

Notes

Statutory Notes and Related Subsidiaries

Effective Date

Pub. L. 116–30, § 2(c), July 25, 2019, 133 Stat. 1033, provided that: “The amendments made by this section [enacting this section] shall take effect 1 year after the date of the enactment of this Act [July 25, 2019].”