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[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

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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.

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                                  [all]
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