[Senate Report 116-232]
[From the U.S. Government Publishing Office]
Calendar No. 479
______________________________________________________________________
116th Congress } { Report
SENATE
2d Session } { 116-232
______________________________________________________________________
FRIENDLY AIRPORTS FOR MOTHERS IMPROVEMENT ACT
__________
R E P O R T
OF THE
COMMITTEE ON COMMERCE, SCIENCE, AND TRANSPORTATION
ON
S. 2638
[GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]
June 10, 2020.--Ordered to be printed
__________
U.S. GOVERNMENT PUBLISHING OFFICE
99-010 WASHINGTON : 2020
SENATE COMMITTEE ON COMMERCE, SCIENCE, AND TRANSPORTATION
ONE HUNDRED SIXTEENTH CONGRESS
SECOND SESSION
ROGER F. WICKER, Mississippi, Chairman
JOHN THUNE, South Dakota MARIA CANTWELL, Washington
ROY BLUNT, Missouri AMY KLOBUCHAR, Minnesota
TED CRUZ, Texas RICHARD BLUMENTHAL, Connecticut
DEB FISCHER, Nebraska BRIAN SCHATZ, Hawaii
JERRY MORAN, Kansas EDWARD J. MARKEY, Massachusetts
DAN SULLIVAN, Alaska TOM UDALL, New Mexico
CORY GARDNER, Colorado GARY C. PETERS, Michigan
MARSHA BLACKBURN, Tennessee TAMMY BALDWIN, Wisconsin
SHELLEY MOORE CAPITO, West Virginia TAMMY DUCKWORTH, Illinois
MIKE LEE, Utah JON TESTER, Montana
RON JOHNSON, Wisconsin KYRSTEN SINEMA, Arizona
TODD C. YOUNG, Indiana JACKY ROSEN, Nevada
RICK SCOTT, Florida
John Keast, Staff Director
David Strickland, Minority Staff Director
Calendar No. 479
116th Congress } { Report
SENATE
2d Session } { 116-232
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FRIENDLY AIRPORTS FOR MOTHERS IMPROVEMENT ACT
_______
June 10, 2020.--Ordered to be printed
_______
Mr. Wicker, from the Committee on Commerce, Science, and
Transportation, submitted the following
R E P O R T
[To accompany S. 2638]
[Including cost estimate of the Congressional Budget Office]
The Committee on Commerce, Science, and Transportation, to
which was referred the bill (S. 2638) to amend title 49, United
States Code, to require small hub airports to construct areas
for nursing mothers, and for other purposes, having considered
the same, reports favorably thereon without amendment and
recommends that the bill do pass.
Purpose of the Bill
The purpose of S. 2638, the Friendly Airports for Mothers
Improvement Act, is to amend title 49, United States Code, to
require small hub airports to construct or maintain areas for
nursing mothers, and for other purposes.
Background and Needs
Section 132 of the FAA Reauthorization Act of 2018\1\
included the Friendly Airports for Mothers Act, which requires
all medium and large hub airports in the United States to
provide in each passenger terminal private, sanitary spaces for
nursing mothers to express breast milk, as well as a baby
changing table in at least one men's and one women's bathroom.
The law mandates that medium and large hub airports comply with
this requirement no later than fiscal year 2021. Noncompliant
medium and large hub airports would become ineligible for
Department of Transportation (DOT) Airport Improvement Grants
beginning in fiscal year 2021.
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\1\Public Law 115-254.
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The Friendly Airports for Mothers Improvement Act of 2019,
S. 2638, would amend the existing statute to include small hub
airports. It would require small hub airport compliance with
section 47107(w) of title 49, United States Code, by no later
than 2023. These small hub airports must be designated as such
by the Federal Aviation Administration (FAA) for 3 consecutive
years before meeting this threshold.
Legislative History
S. 2638 was introduced on October 17, 2019, by Senator
Duckworth (for herself and Senator Fischer) and was referred to
the Committee on Commerce, Science, and Transportation of the
Senate. Senators Daines, Blumenthal, and Peters are additional
cosponsors. On December 11, 2019, the Committee met in open
Executive Session and, by voice vote, ordered S. 2638 reported
favorably without amendment.
A companion bill, the Small Airport Mothers' Rooms Act of
2019 (H.R. 3362), was introduced on June 19, 2019, by
Representative Carol Miller and was referred to the Committee
on Transportation and Infrastructure of the House of
Representatives. There are eight cosponsors. On October 4,
2019, H.R. 3362 was reported by that Committee, and on December
16, 2019, H.R. 3362, as amended, was passed by voice vote under
suspension of the rules in the House of Representatives.
Estimated Costs
In accordance with paragraph 11(a) of rule XXVI of the
Standing Rules of the Senate and section 403 of the
Congressional Budget Act of 1974, the Committee provides the
following cost estimate, prepared by the Congressional Budget
Office:
[GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]
Under current law, federal Airport Improvement Grants may
be made to large and medium hub airports only if they have a
lactation room and baby-changing tables in the men's and
women's restrooms. The bill would increase the number of
changing tables required and extend this grant requirement to
small airport hubs. Large and medium hubs would have until 2021
to meet the proposed requirements while small hubs would have
until 2023.
CBO estimates that enacting S. 2638 would not affect the
federal budget because the bill would not change the level of
funds authorized to be appropriated for airport development
grants.
On August 2, 2019, CBO transmitted a cost estimate for H.R.
3362, the Small Airport Mothers' Rooms Act of 2019, as ordered
reported by the House Committee on Transportation and
Infrastructure on June 26, 2019. The bills are similar and
CBO's estimates of their budgetary effects are the same.
The CBO staff contact for this estimate is Madeleine Fox.
The estimate was reviewed by H. Samuel Papenfuss, Deputy
Assistant Director for Budget Analysis.
Regulatory Impact Statement
In accordance with paragraph 11(b) of rule XXVI of the
Standing Rules of the Senate, the Committee provides the
following evaluation of the regulatory impact of the
legislation, as reported:
number of persons covered
Entities covered under the bill would be limited to
airports designated as small hub airports for 3 consecutive
years prior to the enactment of S. 2638 or for any 3-year
period following the year 2020. In calendar year 2018, there
were 69 airports classified by the FAA as small hubs, the
majority of which had been in that category for 3 consecutive
years.
economic impact
Enactment of this bill is not expected to have a
significant negative impact on the Nation's economy. Any
economic impact would be limited to small hub airport owners
and operators who are required to provide mother's rooms and a
baby changing table in at least one men's and one women's
bathroom in each passenger terminal of the airport.
privacy
The reported bill is not expected to have an adverse impact
on the personal privacy of individuals. Providing dedicated
space for air travelers who need to express breast milk is
likely to enhance personal privacy.
paperwork
The reported bill is not anticipated to have a significant
increase in paperwork burdens. In those areas where the bill
would require limited additional paperwork, it would be for the
establishment and maintenance of mother's rooms and baby
changing tables at small hub airports.
Congressionally Directed Spending
In compliance with paragraph 4(b) of rule XLIV of the
Standing Rules of the Senate, the Committee provides that no
provisions contained in the bill, as reported, meet the
definition of congressionally directed spending items under the
rule.
Section-by-Section Analysis
Section 1. Short title.
This section would provide that the bill may be cited as
the ``Friendly Airports for Mothers Improvement Act''.
Section 2. Mother's rooms.
This section would amend the Friendly Airports for Mothers
Act to require a baby changing table in at least one men's and
one women's restroom in each passenger terminal building at
small hubs by fiscal year 2023 (large and medium hubs are
required to comply with the requirement by fiscal year 2021).
Changes in Existing Law
In compliance with paragraph 12 of rule XXVI of the
Standing Rules of the Senate, 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
material is printed in italic, existing law in which no change
is proposed is shown in roman):
UNITED STATES CODE
* * * * * * *
TITLE 49--TRANSPORTATION
* * * * * * *
Subtitle VII--Aviation Programs
* * * * * * *
PART B--AIRPORT DEVELOPMENT AND NOISE
* * * * * * *
CHAPTER 471--AIRPORT DEVELOPMENT
* * * * * * *
Subchapter I--Airport Improvement
* * * * * * *
Sec. 47107. Project grant application approval conditioned on
assurances about airport operations
(a) * * *
(w) Mothers' Rooms.--
(1) In general.--[In fiscal year 2021 and each
fiscal year thereafter, the Secretary of
Transportation] The Secretary of Transportation may
approve an application under this subchapter for an
airport development project grant only if the Secretary
receives written assurances that the airport owner or
operator will maintain--
(A) a lactation area in the sterile area of
each passenger terminal building of the
airport; and
(B) a baby changing table in [one men's and
one women's] at least one men's and at least
one women's restroom in each passenger terminal
building of the airport.
(2) Applicability.--
[(A) Airport size.--The requirement in
paragraph (1) shall only apply to applications
submitted by the airport sponsor of a medium or
large hub airport.]
(A) Airport size.--
(i) In general.--The requirements
in paragraph (1) shall only apply to
applications submitted by the airport
sponsor of--
(I) a medium or large hub
airport in fiscal year 2021 and
each fiscal year thereafter;
and
(II) an applicable small
hub airport in fiscal year 2023
and each fiscal year
thereafter.
(ii) Applicable small hub airport
defined.--In clause (i)(II), the term
``applicable small hub airport'' means
an airport designated as a small hub
airport during--
(I) the 3-year period
consisting of 2020, 2021, and
2022; or
(II) any consecutive 3-year
period beginning after 2020.
(B) Preexisting facilities.--On application
by an airport sponsor, the Secretary may
determine that a lactation area in existence on
[the date of enactment of this Act complies
with the requirement in paragraph (1)] October
5, 2018, complies with the requirement in
paragraph (1)(A), notwithstanding the absence
of one of the facilities or characteristics
referred to in the definition of the term
``lactation area'' in this subsection.
(C) Special rule.--The requirement in
[paragraph (1)] paragraph (1)(A) shall not
apply with respect to a project grant
application for a period of time, determined by
the Secretary, if the Secretary determines that
construction or maintenance activities make it
impracticable or unsafe for the lactation area
to be located in the sterile area of the
building.
* * * * * * *