[Congressional Record Volume 162, Number 142 (Tuesday, September 20, 2016)]
[House]
[Pages H5701-H5702]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




              BATHROOMS ACCESSIBLE IN EVERY SITUATION ACT

  Mr. BARLETTA. Mr. Speaker, I move to suspend the rules and pass 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, as amended.
  The Clerk read the title of the bill.
  The text of the bill is as follows:

                               H.R. 5147

       Be it enacted by the Senate and House of Representatives of 
     the United States of America in Congress assembled,

     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.

  The SPEAKER pro tempore. Pursuant to the rule, the gentleman from 
Pennsylvania (Mr. Barletta) and the gentleman from Indiana (Mr. Carson) 
each will control 20 minutes.
  The Chair recognizes the gentleman from Pennsylvania.


                             General Leave

  Mr. BARLETTA. Mr. Speaker, I ask unanimous consent that all Members 
may have 5 legislative days in which to revise and extend their remarks 
and include extraneous material on H.R. 5147, as amended.
  The SPEAKER pro tempore. Is there objection to the request of the 
gentleman from Pennsylvania?
  There was no objection.
  Mr. BARLETTA. Mr. Speaker, I yield myself such time as I may consume.
  Mr. Speaker, H.R. 5147, as amended, the Bathrooms Accessible in Every 
Situation Act, or BABIES Act, would require restrooms in certain public 
buildings be equipped with baby changing stations that are safe and 
sanitary. Millions of American families visit Federal facilities every 
day. While the cost of changing stations is small, some Federal 
buildings open to the public do not have them.

                              {time}  1945

  This bill would cover those buildings controlled by the General 
Services Administration that are open for public use. This requirement 
would not apply to restrooms not publicly accessible, if there are 
other restrooms nearby with changing stations, or if it would require 
costly construction or alternations.
  I reserve the balance of my time.
  Mr. CARSON of Indiana. Mr. Speaker, I yield myself such time as I may 
consume.
  Mr. Speaker, I thank Chairman Barletta.
  I also support this bill, as amended, which directs the GSA to 
install baby changing stations in restrooms in public buildings across 
the Nation.
  I would like to commend my colleague, the gentleman from Rhode Island 
(Mr. Cicilline), for his leadership on this issue, and for his 
willingness to work with us to bring this bill to the floor today. I am 
pleased that our committee worked closely with Representative Cicilline 
to achieve the original purpose of the bill and to keep costs down to 
change public policy.
  The amended bill directs GSA to include at least one baby changing 
station in the men's and the women's restroom on each floor of a public 
building. The requirements of this bill do not apply to any restrooms 
in Federal buildings which are not available to the public.
  I urge my colleagues to join us in supporting this legislation.
  I reserve the balance of my time.
  Mr. BARLETTA. Mr. Speaker, I reserve the balance of my time.
  Mr. CARSON of Indiana. Mr. Speaker, I yield such time as he may 
consume to the gentleman from Rhode Island (Mr. Cicilline).
  Mr. CICILLINE. Mr. Speaker, I thank the gentleman for yielding.
  I want to begin by thanking Chairman Shuster and Ranking Member 
DeFazio for their support on this legislation. I would also 
particularly like to thank Congressman Carson for his strong support in 
getting this bill to the Transportation and Infrastructure Committee, 
and thank Chairman Barletta for his support as well.
  H.R. 5147, the Bathrooms Accessible in Every Situation Act, or the 
BABIES Act, would require that both male and female restrooms in public 
buildings be equipped with baby changing facilities that are physically 
safe, sanitary, and appropriate.
  Federal public buildings belong to the people of this country, and 
they should be welcoming and appropriately accommodating. This 
legislation will ensure that there are appropriate and sanitary 
facilities in publicly accessible Federal buildings for parents and 
caretakers to change the infants and toddlers that are with them.
  For example, in the office building where my office is located, 
Rayburn, there are no baby changing tables at all. That means that 
Rhode Islanders who come to visit my office have to try to find a 
changing station in another public building, or they will have to 
decide to change their baby on a bathroom floor, which is a terrible 
option, unsanitary for both the parents and the children. This same 
problem exists in Federal buildings all across this country.
  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 bathrooms for all of the same reasons.
  Current GSA policy requires that the planning of new construction 
modernization alteration projects include family restrooms equipped 
with baby changing stations, but current policy does not apply to 
existing buildings. This legislation would impose the requirement for 
publicly accessible Federal buildings and facilities. The cost will be 
modest to install a baby changing station. This will go a very long way 
to ensuring the safety and comfort of families visiting Federal 
buildings all across this country.
  I thank the chairman and ranking member for their support, and I urge 
my colleagues to support it as well.
  Mr. CARSON of Indiana. Mr. Speaker, I yield back the balance of my 
time.
  Mr. BARLETTA. Mr. Speaker, I yield back the balance of my time.
  Ms. JACKSON LEE. Mr. Speaker, I rise in support of H.R. 5147, the 
``Bathrooms Accessible In Every Situation (BABIES) Act of 2016.''

[[Page H5702]]

  This is an important measure that would provide diaper changing 
facilities in male and female restrooms in public buildings.
  This piece of legislation simply seeks to provide equal rights to 
both men and women caregivers.
  According to a report released by the U.S. Department of Health and 
Human Services, fathers today are more involved with their children.
  Fathers also need access to childcare facilities.
  H.R. 5147 would apply to:
  any public building constructed, altered, or acquired by the General 
Services Administration a year after the enactment of this measure; and 
any other public building, not described above, beginning two years 
after the enactment of this measure.
  H.R. 5147 would not apply to:
  public buildings where the restrooms are not for public use; and
  restrooms in a public building with clear and conspicuous signage 
indicating where another restroom, male or female, is located within 
the same sector or corridor of said building.
  In California, two similar state bills were struck down that would 
have provided equal access to changing tables for both men and women.
  Positive reforms are, however, taking place around the country.
  For example, Miami Dade County, Florida, requires that new and 
remodeled businesses have baby changing stations that are accessible by 
both men and women.
  In San Francisco, California, planning codes require that new or 
renovated public buildings must install baby changing stations that are 
accessible to women and men.
  Yet, there is no federal law or legislation to regulate the equal 
access of stations tor men and women.
  H.R. 5147 supplies that standard.
  This legislation is long overdue.
  We must support equal access to basic needs and bathroom changing 
stations for all men and women caregivers
  For these reasons, I support H.R. 5147 the ``Bathroom Accessible in 
Every Situation (BABIES) Act of 2016.''
  The SPEAKER pro tempore. The question is on the motion offered by the 
gentleman from Pennsylvania (Mr. Barletta) that the House suspend the 
rules and pass the bill, H.R. 5147, as amended.
  The question was taken.
  The SPEAKER pro tempore. In the opinion of the Chair, two-thirds 
being in the affirmative, the ayes have it.
  Mr. HUELSKAMP. Mr. Speaker, on that I demand the yeas and nays.
  The yeas and nays were ordered.
  The SPEAKER pro tempore. Pursuant to clause 8 of rule XX, further 
proceedings on this motion will be postponed.

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