[USC02] 40 USC 3318: Lactation room in public buildings
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40 USC 3318: Lactation room in public buildings Text contains those laws in effect on July 11, 2020
From Title 40-PUBLIC BUILDINGS, PROPERTY, AND WORKSSUBTITLE II-PUBLIC BUILDINGS AND WORKSPART A-GENERALCHAPTER 33-ACQUISITION, CONSTRUCTION, AND ALTERATION

§3318. 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; or


(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.

(Added Pub. L. 116–30, §2(a), July 25, 2019, 133 Stat. 1032 .)

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]."