[House Report 114-774]
[From the U.S. Government Publishing Office]
114th Congress } { Report
HOUSE OF REPRESENTATIVES
2d Session } { 114-774
======================================================================
BATHROOMS ACCESSIBLE IN EVERY SITUATION ACT
_______
September 20, 2016.--Committed to the Committee of the Whole House on
the State of the Union and ordered to be printed
_______
Mr. Shuster, from the Committee on Transportation and Infrastructure,
submitted the following
R E P O R T
[To accompany H.R. 5147]
[Including cost estimate of the Congressional Budget Office]
The Committee on Transportation and Infrastructure, to whom
was referred the bill (H.R. 5147) to amend title 40, United
States Code, to require that male and female restrooms in
public buildings be equipped with baby changing facilities,
having considered the same, report favorably thereon with
amendments and recommend that the bill as amended do pass.
CONTENTS
Page
Purpose of Legislation........................................... 2
Background and Need for Legislation.............................. 2
Hearings......................................................... 3
Legislative History and Consideration............................ 3
Committee Votes.................................................. 3
Committee Oversight Findings..................................... 3
New Budget Authority and Tax Expenditures........................ 4
Congressional Budget Office Cost Estimate........................ 4
Performance Goals and Objectives................................. 5
Advisory of Earmarks............................................. 5
Duplication of Federal Programs.................................. 5
Disclosure of Directed Rule Makings.............................. 5
Federal Mandate Statement........................................ 5
Preemption Clarification......................................... 5
Advisory Committee Statement..................................... 6
Applicability of Legislative Branch.............................. 6
Section-by-Section Analysis of Legislation, as Amended........... 6
Changes in Existing Law Made by the Bill, as Reported............ 6
The amendments are as follows:
Strike all after the enacting clause and insert the
following:
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Bathrooms Accessible in Every
Situation Act'' or ``BABIES Act''.
SEC. 2. BABY CHANGING FACILITIES IN RESTROOMS IN PUBLIC BUILDINGS.
(a) In General.--Chapter 33 of title 40, United States Code, is
amended--
(1) by redesignating sections 3314, 3315, and 3316 as
sections 3315, 3316, and 3317, respectively; and
(2) by inserting after section 3313 the following new
section:
``Sec. 3314. Baby changing facilities in restrooms
``(a) Additional Requirement for the Construction, Alteration, and
Acquisition of Public Buildings.--Except as provided in subsection (b)
and subject to any reasonable accommodations that may be made for
individuals in accordance with the Americans with Disabilities Act (42
U.S.C. 12101 et seq.) restrooms in a public building shall be equipped
with baby changing facilities that the Administrator determines are
physically safe, sanitary, and appropriate.
``(b) Exceptions.--The requirement under subsection (a) shall not
apply--
``(1) to a restroom in a public building that is not
available or accessible for public use;
``(2) to a restroom in a public building that contains clear
and conspicuous signage indicating where a restroom with a baby
changing table is located on the same floor of such public
building;
``(3) if new construction would be required to install a baby
changing facility in the public building and the cost of such
construction is unfeasible; or
``(4) to a building not subject to an alteration as set forth
in section 3307.
``(c) Definitions.--In this section:
``(1) Baby changing facility.--The term `baby changing
facility' means a table or other device suitable for changing
the diaper of a child age 3 or under.
``(2) Pubic building.--The term `public building' means a
public building as defined in section 3301 and controlled by
the Public Building Service of the General Services
Administration.''.
(b) Clerical Amendment.--The analysis for such chapter is amended by
striking the items relating to sections 3314, 3315, and 3316 and
inserting the following:
``3314. Baby changing facilities in restrooms.
``3315. Delegation.
``3316. Report to Congress.
``3317. Certain authority not affected.''.
(c) Applicability.--The requirement under section 3314(a) of title
40, United States Code, shall apply in the case of a public building
constructed, altered, or acquired by the Administrator of General
Services on or after the date that is 1 year after the date of the
enactment of this Act, beginning on that date.
Amend the title so as to read:
A bill to amend title 40, United States Code, to require
restrooms in public buildings to be equipped with baby changing
facilities.
Purpose of Legislation
H.R. 5147, as amended, amends title 40, United States Code,
to require that male and female restrooms in public buildings
be equipped with baby changing facilities.
Background and Need for Legislation
H.R. 5147, the Bathrooms Accessible in Every Situation
(BABIES) Act, as amended, would require that both male and
female restrooms in a public building be equipped with baby
changing facilities that are physically safe, sanitary, and
appropriate.
This provision is intended to cover buildings controlled by
the General Services Administration's (GSA) Public Building
Service. The intent of the legislation is to ensure there are
appropriate and sanitary facilities in publicly accessible
federal buildings for parents and caretakers to change the
diapers of infants and toddlers. In Washington, D.C. alone,
there are millions of tourists who visit federal facilities
annually. Despite the fact that the cost of a baby changing
station is nominal, some federal buildings do not have them. As
a result of this, many caretakers are forced to change their
children on the floor or on the countertop of public restrooms
creating potentially unsanitary conditions.
Access to baby changing stations in restrooms in federal
buildings will help in protecting the health and safety of
children and will encourage a family-friendly environment.
Various cities and counties in the United States have passed
similar laws requiring changing tables in men's and women's
restrooms, including San Francisco and Miami-Dade County.
Current GSA policy requires that the planning of new
construction, modernization, and alteration projects include
family restrooms. GSA family restrooms contain baby changing
facilities and GSA's policy is to include one family restroom
on each floor of a federal building whenever possible.
It is the intent of this legislation that baby changing
facilities be included in both male and female restrooms.
Hearings
No hearings were held on H.R. 5147, as amended.
Legislative History and Consideration
On April 29, 2016, Representative David N. Cicilline (D-RI)
introduced H.R. 5147, the Bathrooms Accessible in Every
Situation (BABIES) Act.
On September 14, 2016, the Committee on Transportation and
Infrastructure met in open session. An amendment, offered by
Representative Andre Carson (D-IN), was offered and adopted by
voice vote. The Committee ordered the bill, as amended,
reported favorably to the House by voice vote with a quorum
present.
Committee Votes
Clause 3(b) of rule XIII of the Rules of the House of
Representatives requires each committee report to include the
total number of votes cast for and against on each record vote
on a motion to report and on any amendment offered to the
measure or matter, and the names of those members voting for
and against. There were no record votes taken in connection
with consideration of H.R. 5147, as amended.
Committee Oversight Findings
With respect to the requirements of clause 3(c)(1) of rule
XIII of the Rules of the House of Representatives, the
Committee's oversight findings and recommendations are
reflected in this report.
New Budget Authority and Tax Expenditures
Clause 3(c)(2) of rule XIII of the Rules of the House of
Representatives does not apply where a cost estimate and
comparison prepared by the Director of the Congressional Budget
Office under section 402 of the Congressional Budget Act of
1974 has been timely submitted prior to the filing of the
report and is included in the report. Such a cost estimate is
included in this report.
Congressional Budget Office Cost Estimate
With respect to the requirement of clause 3(c)(3) of rule
XIII of the Rules of the House of Representatives and section
402 of the Congressional Budget Act of 1974, the Committee has
received the enclosed cost estimate for H.R. 5147, as amended,
from the Director of the Congressional Budget Office:
U.S. Congress,
Congressional Budget Office,
Washington, DC, September 20, 2016.
Hon. Bill Shuster,
Chairman, Committee on Transportation and Infrastructure,
House of Representatives, Washington, DC.
Dear Mr. Chairman: The Congressional Budget Office has
prepared the enclosed cost estimate for H.R. 5147, the BABIES
Act.
If you wish further details on this estimate, we will be
pleased to provide them. The CBO staff contact is Matthew
Pickford.
Sincerely,
Keith Hall.
Enclosure.
H.R. 5147--BABIES Act
H.R. 5147 would require that any buildings controlled by
the General Services Administration's (GSA) Public Building
Service (PBS) that are accessible to the general public and are
undergoing a congressionally approved alteration be equipped
with baby changing facilities.
GSA standards currently require the installation of one
family bathroom with a baby changing station for each floor of
a federal building. That requirement applies to all new
construction and to existing buildings where major repairs or
alterations to restrooms are being undertaken. Based on
information from PBS, CBO estimates that implementing H.R. 5147
would cost less $500,000 annually; such spending would be
subject to the availability of appropriated funds. We estimate
that amount would cover installation costs for up to 10
facilities per year in PBS buildings undergoing congressionally
approved alterations that would not otherwise be covered by the
GSA standards.
Enacting H.R. 5147 would not affect direct spending or
revenues; therefore, pay-as-you go procedures do not apply. CBO
estimates that enacting H.R. 5147 would not increase net direct
spending or on-budget deficits in any of the four consecutive
10-year periods beginning in 2027.
H.R. 5147 contains no intergovernmental or private-sector
mandates as defined in the Unfunded Mandates Reform Act and
would impose no costs on state, local, or tribal governments.
The CBO staff contact for this estimate is Matthew
Pickford. The estimate was approved by Theresa Gullo, Assistant
Director for Budget Analysis.
Performance Goals and Objectives
With respect to the requirement of clause 3(c)(4) of rule
XIII of the Rules of the House of Representatives, the
performance goal and objective of this legislation is to
require that male and female restrooms in public buildings be
equipped with baby changing facilities.
Advisory of Earmarks
Pursuant to clause 9 of rule XXI of the Rules of the House
of Representatives, the Committee is required to include a list
of congressional earmarks, limited tax benefits, or limited
tariff benefits as defined in clause 9(e), 9(f), and 9(g) of
rule XXI of the Rules of the House of Representatives. No
provision in the bill includes an earmark, limited tax benefit,
or limited tariff benefit under clause 9(e), 9(f), or 9(g) of
rule XXI.
Duplication of Federal Programs
Pursuant to section 3(g) of H. Res. 5, 114th Cong. (2015),
the Committee finds that no provision of H.R. 5147, as amended,
establishes or reauthorizes a program of the federal government
known to be duplicative of another federal program, a program
that was included in any report from the Government
Accountability Office to Congress pursuant to section 21 of
Public Law 111-139, or a program related to a program
identified in the most recent Catalog of Federal Domestic
Assistance.
Disclosure of Directed Rule Makings
Pursuant to section 3(i) of H. Res. 5, 114th Cong. (2015),
the Committee finds that enacting H.R. 5147, as amended, does
not direct the completion of a specific rule making within the
meaning of section 551 of title 5, United States Code.
Federal Mandate Statement
The Committee adopts as its own the estimate of federal
mandates prepared by the Director of the Congressional Budget
Office pursuant to section 423 of the Unfunded Mandates Reform
Act (Public Law 104-4).
Preemption Clarification
Section 423 of the Congressional Budget Act of 1974
requires the report of any Committee on a bill or joint
resolution to include a statement on the extent to which the
bill or joint resolution is intended to preempt state, local,
or tribal law. The Committee states that H.R. 5147, as amended,
does not preempt any state, local, or tribal law.
Advisory Committee Statement
No advisory committees within the meaning of section 5(b)
of the Federal Advisory Committee Act are created by this
legislation.
Applicability of Legislative Branch
The Committee finds that the legislation does not relate to
the terms and conditions of employment or access to public
services or accommodations within the meaning of section
102(b)(3) of the Congressional Accountability Act (Public Law
104-1).
Section-by-Section Analysis of Legislation, as Amended
Section 1. Designation
Section 1 entitles the Act as the ``Bathrooms Accessible in
Every Situation Act'' or ``BABIES Act''.
Section 2. Baby changing facilities in restrooms in public buildings
Subsection (a) re-designates sections in Chapter 33 of
title 40, United States Code and inserts a new section 3314
entitled ``Baby changing facilities in restrooms.''
The new section 3314 requires restrooms in public buildings
to be equipped with baby changing facilities that the
Administrator of General Services determines are physically
safe, sanitary, and appropriate. This requirement is subject to
any reasonable accommodations that may be made for individuals
in accordance with the Americans with Disabilities Act.
The requirement excludes restrooms not available or
accessible to the public; restrooms in public buildings that
have clear and conspicuous signage indicating the location of
another restroom with a baby changing table on the same floor;
situations where new construction would be required and the
cost is unfeasible; or situations where the alteration of the
building does not require Congressional approval pursuant to
title 40, United States Code, section 3307.
The new section also includes definitions for ``baby
changing facility'' and ``public building.''
Subsection (b) makes clerical amendments to the analysis of
the chapter.
Subsection (c) establishes that the requirements of the
bill only apply to a public building constructed, altered, or
acquired by the Administrator of General Services on or after
that date that is one year after the date of enactment of the
new section.
Changes in Existing Law Made by the Bill, as Reported
In compliance with clause 3(e) of rule XIII of the Rules of
the House of Representatives, changes in existing law made by
the bill, as reported, are shown as follows (existing law
proposed to be omitted is enclosed in black brackets, new
matter is printed in italic, existing law in which no change is
proposed is shown in roman):
Changes in Existing Law Made by the Bill, as Reported
In compliance with clause 3(e) of rule XIII of the Rules of
the House of Representatives, changes in existing law made by
the bill, as reported, are shown as follows (existing law
proposed to be omitted is enclosed in black brackets, new
matter is printed in italics, and existing law in which no
change is proposed is shown in roman):
TITLE 40, UNITED STATES CODE
* * * * * * *
SUBTITLE II--PUBLIC BUILDINGS AND WORKS
* * * * * * *
PART A--GENERAL
* * * * * * *
CHAPTER 33--ACQUISITION, CONSTRUCTION, AND ALTERATION
Sec.
3301. Definitions and nonapplication.
* * * * * * *
[3314. Delegation.
[3315. Report to Congress.
[3316. Certain authority not affected.]
3314. Baby changing facilities in restrooms.
3315. Delegation.
3316. Report to Congress.
3317. Certain authority not affected.
* * * * * * *
Sec. 3314. Baby changing facilities in restrooms
(a) Additional Requirement for the Construction, Alteration,
and Acquisition of Public Buildings.--Except as provided in
subsection (b) and subject to any reasonable accommodations
that may be made for individuals in accordance with the
Americans with Disabilities Act (42 U.S.C. 12101 et seq.)
restrooms in a public building shall be equipped with baby
changing facilities that the Administrator determines are
physically safe, sanitary, and appropriate.
(b) Exceptions.--The requirement under subsection (a) shall
not apply--
(1) to a restroom in a public building that is not
available or accessible for public use;
(2) to a restroom in a public building that contains
clear and conspicuous signage indicating where a
restroom with a baby changing table is located on the
same floor of such public building;
(3) if new construction would be required to install
a baby changing facility in the public building and the
cost of such construction is unfeasible; or
(4) to a building not subject to an alteration as set
forth in section 3307.
(c) Definitions.--In this section:
(1) Baby changing facility.--The term ``baby changing
facility'' means a table or other device suitable for
changing the diaper of a child age 3 or under.
(2) Pubic building.--The term ``public building''
means a public building as defined in section 3301 and
controlled by the Public Building Service of the
General Services Administration.
Sec. [3314.] 3315. Delegation
(a) When Allowed.--The carrying out of the duties and powers
of the Administrator of General Services under this chapter, in
accordance with standards the Administrator prescribes--
(1) shall, except for the authority contained in
section 3305(b) of this title, be delegated on request
to the appropriate executive agency when the estimated
cost of the project does not exceed $100,000; and
(2) may be delegated to the appropriate executive
agency when the Administrator determines that
delegation will promote efficiency and economy.
(b) No Exemption From Other Provisions of Chapter.--
Delegation under subsection (a) does not exempt the person to
whom the delegation is made, or the carrying out of the
delegated duty or power, from any other provision of this
chapter.
Sec. [3315.] 3316. Report to Congress
(a) Request by Either House of Congress or Any Committee.--
Within a reasonable time after a request of either House of
Congress or any committee of Congress, the Administrator of
General Services shall submit a report showing the location,
space, cost, and status of each public building the
construction, alteration, or acquisition of which--
(1) is to be under authority of this chapter; and
(2) was uncompleted as of the date of the request, or
as of another date the request may designate.
(b) Request of Committee on Public Works and Environment or
Committee on Transportation and Infrastructure.--The
Administrator and the United States Postal Service shall make
building project surveys requested by resolution by the
Committee on Environment and Public Works of the Senate or the
Committee on Transportation and Infrastructure of the House of
Representatives, and within a reasonable time shall make a
report on the survey to Congress. The report shall contain all
other information required to be included in a prospectus of
the proposed public building project under section 3307(b) of
this title.
Sec. [3316.] 3317. Certain authority not affected
This chapter does not limit or repeal the authority conferred
by law on the United States Postal Service.
* * * * * * *
[all]