[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

======================================================================

 
             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.
---------------------------------------------------------------------------
    \1\Public Law 115-254.
---------------------------------------------------------------------------
    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.

           *       *       *       *       *       *       *