[House Report 118-807]
[From the U.S. Government Publishing Office]
118th Congress } { Report
HOUSE OF REPRESENTATIVES
2d Session } { 118-807
======================================================================
THINK DIFFERENTLY ABOUT BUILDING ACCESSIBILITY ACT
_______
December 5, 2024.--Committed to the Committee of the Whole House on the
State of the Union and ordered to be printed
_______
Mr. Graves of Missouri, from the Committee on Transportation and
Infrastructure, submitted the following
R E P O R T
[To accompany H.R. 9313]
[Including cost estimate of the Congressional Budget Office]
The Committee on Transportation and Infrastructure, to whom
was referred the bill (H.R. 9313) to direct the Comptroller
General of the United States to report to Congress on the
compliance under the Architectural Barriers Act of 1968 of all
office buildings under the jurisdiction, custody, or control of
the General Services Administration, and for other purposes,
having considered the same, reports favorably thereon without
amendment and recommends that the bill do pass.
CONTENTS
Page
Purpose of Legislation........................................... 2
Background and Need for Legislation.............................. 2
Hearings......................................................... 2
Legislative History and Consideration............................ 2
Committee Votes.................................................. 3
Committee Oversight Findings and Recommendations................. 3
New Budget Authority and Tax Expenditures........................ 3
Congressional Budget Office Cost Estimate........................ 3
Performance Goals and Objectives................................. 8
Duplication of Federal Programs.................................. 8
Congressional Earmarks, Limited Tax Benefits, and Limited Tariff
Benefits....................................................... 8
Federal Mandates Statement....................................... 8
Preemption Clarification......................................... 8
Advisory Committee Statement..................................... 8
Applicability to Legislative Branch.............................. 8
Section-by-Section Analysis of the Legislation................... 8
Changes in Existing Law Made by the Bill, as Reported............ 9
PURPOSE OF LEGISLATION
The purpose of H.R. 9313, the Think Differently About
Building Accessibility Act, is to direct the Comptroller
General of the United States to report to Congress on the
compliance under the Architectural Barriers Act of 1968 of all
office buildings under the jurisdiction, custody, or control of
the General Services Administration, and for other purposes.
BACKGROUND AND NEED FOR LEGISLATION
The Architectural Barriers Act (ABA) of 1968 was the first
piece of Federal legislation that worked to eliminate the
barriers that made buildings inaccessible to individuals with
disabilities.\1\ Specifically, the ABA ensures that buildings
designed, built, or altered with Federal funds or leased by
Federal agencies are accessible to individuals with
disabilities.\2\ The General Services Administration (GSA)
leases a large portfolio of buildings used by Federal agencies
and is one of four Federal agencies responsible for enforcing
compliance with the ABA.\3\ By directing the Comptroller
General of the United States to examine the accessibility of
GSA owned and leased buildings and report on facilities that
are failing to comply with the ABA, this legislation will allow
Congress to have greater insight into the enforcement of
accessibility standards.
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\1\Abigail A. Graber, Cong. Rsch. Serv. (IF12227), The Americans
with Disabilities Act: A Brief Overview, (Oct. 11, 2022), available at
https://crs.gov/Reports/IF12227?source=search.
\2\Id.
\3\GSA, Accessible Facility Design, available at https://
www.gsa.gov/real-estate/design-and-
construction/accessible-facility-design.
---------------------------------------------------------------------------
HEARINGS
For the purposes of rule XIII, clause 3(c)(6)(A) of the
118th Congress, the following hearing was used to develop or
consider H.R. 9313:
On July 13, 2023, the Subcommittee on Economic Development,
Public Buildings, and Emergency Management of the Committee on
Transportation and Infrastructure held a hearing entitled,
``When the Lights Are On but No One's Home: An Examination of
Federal Office Space Utilization.''\4\ The Subcommittee
received testimony from Ms. Nina Albert, Commissioner, Public
Buildings Service, General Services Administration (GSA); and
Mr. David Marroni, Acting Director, Physical Infrastructure,
Government Accountability Office (GAO).
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\4\When the Lights Are On but No One's Home: An Examination of
Federal Office Space Utilization: Hearing Before the H. Comm. On
Transp. and Infrastructure, 118th Cong. (July 13, 2023).
---------------------------------------------------------------------------
LEGISLATIVE HISTORY AND CONSIDERATION
H.R. 9313 was introduced in the United States House of
Representatives on August 6, 2024, by Mr. Molinaro of New York
and referred to the Committee on Transportation and
Infrastructure. Within the Committee on Transportation and
Infrastructure, H.R. 9313 was referred to the Subcommittee on
Economic Development, Public Buildings, and Emergency
Management. The Subcommittee on Economic Development, Public
Buildings, and Emergency Management was discharged from further
consideration of H.R. 9313 on September 18, 2024.
The Committee considered H.R. 9313 on September 18, 2024,
and ordered the measure to be reported to the House with a
favorable recommendation, without amendment, by unanimous
consent.
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.
No record votes were requested during consideration of H.R.
9313.
COMMITTEE OVERSIGHT FINDINGS AND RECOMMENDATIONS
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. 9313 from the
Director of the Congressional Budget Office:
The Congressional Budget Act of 1974 requires the
Congressional Budget Office, to the extent practicable, to
prepare estimates of the budgetary effects of legislation
ordered reported by Congressional authorizing committees. In
order to provide the Congress with as much information as
possible, the attached table summarizes information about the
estimated direct spending and revenue effects of some of the
legislation that has been ordered reported by the House
Committee on Transportation and Infrastructure during the 118th
Congress. The legislation listed in this table generally would
have small effects, if any, on direct spending or revenues, CBO
estimates. Where possible, the table also provides information
about the legislation's estimated effects on spending subject
to appropriation and on intergovernmental and private-sector
mandates as defined in the Unfunded Mandates Reform Act.
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Spending
Last Budget Direct Revenues, subject to Pay-as-you-go Budgetary
Bill number Title Status action function spending, 2025- 2025-2034 appropriation, procedures effects after Mandates Contact
2034 2025-2029 apply? 2034
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H.R. 1586.... Forest Protection Ordered reported.... 11/15/23 300 0 0 Not estimated No No Yes Lilia Ledezma
and Wildland
Firefighter Safety
Act of 2023.
H.R. 1586 would authorize federal, state, local, and tribal firefighting agencies to use approved fire retardants to prevent and suppress wildfires without first obtaining a
National Pollutant Discharge Elimination System permit. The bill also would prohibit state courts from issuing injunctions against state or tribal entities' dispersal of aerial
fire retardants as part of wildfire suppression or control. CBO estimates that enacting H.R. 1586 would not affect direct spending or revenues. CBO has not estimated the bill's
effects on spending subject to appropriation. The bill would impose an intergovernmental mandate as defined in the Unfunded Mandates Reform Act (UMRA) that would not exceed the
annual threshold established in UMRA ($100 million in 2024, adjusted annually for inflation). The bill contains no private-sector mandates as defined in UMRA.
H.R. 1720.... Ocean Pollution Ordered reported.... 09/18/24 300 0 0 Not estimated No No No Aurora Swanson
Reduction Act II.
H.R. 1720 would allow the Point Loma Wastewater Treatment Plant in San Diego, California, to discharge water without applying for an exemption from the secondary treatment
standards of the National Pollutant Discharge Elimination System if plant meets certain conditions specified in the bill. CBO estimates that enacting H.R. 1720 would not affect
direct spending or revenues. CBO has not estimated the bill's effects on spending subject to appropriation. The bill contains no intergovernmental or private-sector mandates as
defined in the Unfunded Mandates Reform Act.
H.R. 2892.... WARN Act............ Ordered reported.... 09/18/24 800 0 0 Between zero No No No Matthew Pickford
and $500,000
H.R. 2892 would require the Government Accountability Office within 18 months of enactment to study and report on the effectiveness of the nation's weather emergency alert
systems. CBO estimates that enacting H.R. 2892 would not affect direct spending or revenues. CBO estimates that implementing the bill would increase spending subject to
appropriation by less than $500,000 over the 2025-2029 period. The bill contains no intergovernmental or private-sector mandates as defined in the Unfunded Mandates Reform Act.
H.R. 3149.... A bill to designate Ordered reported.... 09/18/24 400 0 0 Between zero No No No Kelly Durand
United States Route and $500,000
20 in the States of
Oregon, Idaho,
Montana, Wyoming,
Nebraska, Iowa,
Illinois, Indiana,
Ohio, Pennsylvania,
New York, and
Massachusetts as
the ``National
Medal of Honor
Highway,'' and for
other purposes.
H.R. 3149 would designate U.S. Route 20 as the National Medal of Honor Highway. CBO estimates that enacting H.R. 3149 would not affect direct spending or revenues. CBO estimates
that implementing the bill would increase spending subject to appropriation by less than $500,000 over the 2025-2029 period. The bill contains no intergovernmental or private-
sector mandates as defined in the Unfunded Mandates Reform Act.
H.R. 3988.... ARTICLE ONE Act..... Ordered reported.... 09/18/24 800 Between - 0 Not estimated Yes No No Kelly Durand
$500,000 and
zero
H.R. 3988 would amend the National Emergencies Act to limit to 30 days the duration of any national emergency declared by the President unless the Congress subsequently approves
or extends the declaration. The bill also would require the President to report to the Congress periodically on the need for and status of declared emergencies. CBO cannot
predict the number or timing of future declarations but expects that most would be approved by the Congress. Under H.R. 3988 emergency declarations could have a shorter
duration than under current law. If that happens direct spending related to such emergencies would decline; CBO estimates any reduction in direct spending would be
insignificant. CBO estimates that enacting the bill would not affect revenues. CBO has not estimated the bill's effects on spending subject to appropriation. The bill contains
no intergovernmental or private-sector mandates as defined in the Unfunded Mandates Reform Act.
H.R. 4043.... H.R. 4043, a bill to Ordered reported.... 09/18/24 300 0 0 Not estimated No No No Aurora Swanson
amend the Save Our
Seas 2.0 Act to
expand eligibility
for certain
wastewater
infrastructure
grants, and for
other purposes.
H.R. 4043 would expand eligibility for certain wastewater infrastructure grants administered by the Environmental Protection Agency. CBO estimates that enacting H.R. 4043 would
not affect direct spending or revenues. CBO has not estimated the bill's effects on spending subject to appropriation. The bill contains no intergovernmental or private-sector
mandates as defined in the Unfunded Mandates Reform Act.
H.R. 6241.... FULL Act............ Ordered reported.... 11/15/23 800 Between zero 0 Not estimated No No No Matthew Pickford
and $500,000
H.R. 6241 would require federal agencies that have lease agreements with the General Services Administration (GSA) to annually report to GSA on their monthly use and occupancy
rates. Under the bill, agencies would be required to return space to GSA if occupancy falls below 60 percent for six months over any one-year period. Enacting H.R. 6241 could
increase direct spending by some agencies that are allowed to use fees, receipts from the sale of goods, and other collections to cover operating costs. CBO estimates that any
net changes in direct spending by those agencies would be negligible because most of them can adjust amounts collected to reflect changes in operating costs. CBO estimates that
enacting H.R. 6241 would have no effect on revenues. CBO has not estimated the bill's effects on spending subject to appropriation. The bill contains no intergovernmental or
private-sector mandates as defined in the Unfunded Mandates Reform Act.
H.R. 6984.... A bill to designate Ordered reported.... 09/18/24 800 0 0 Between zero No No No Matthew Pickford
the Federal and $500,000
building located at
300 E. 3rd Street
in North Platte,
Nebraska, as the
``Virginia Smith
Federal Building,''
and for other
purposes.
H.R. 6984 would designate the federal building located at 300 E. 3rd Street in North Platte, Nebraska, as the Virginia Smith Federal Building. CBO estimates that enacting H.R.
6984 would not affect direct spending or revenues. CBO estimates that implementing the bill would increase spending subject to appropriation by less than $500,000 over the 2025-
2029 period. The bill contains no intergovernmental or private-sector mandates as defined in the Unfunded Mandates Reform Act.
H.R. 7671.... Disaster Management Ordered reported.... 09/25/24 450 0 0 Not estimated No No No Jon Sperl
Costs Modernization
Act.
H.R. 7671 would allow state and local governments that receive disaster assistance from the Federal Emergency Management Agency to repurpose unused funds that originally were
allocated for management costs. State and local governments could use the funds to increase their administrative capacity to prepare for, recover from, or mitigate the effects
of disasters. Under current law, unused funds are returned to the Disaster Relief Fund. Under the bill, those governments could retain unused funds for up to five years for
disasters that are declared on or after the bill's enactment date. CBO estimates that enacting H.R. 7671 would not affect direct spending or revenues. CBO has not estimated the
bill's effects on spending subject to appropriation. The bill contains no intergovernmental or private-sector mandates as defined in the Unfunded Mandates Reform Act.
H.R. 7779.... Good Samaritan Ordered reported.... 09/18/24 300 Between zero 0 Not estimated Yes Insignificant No Aurora Swanson
Remediation of and $500,000
Abandoned Hardrock
Mines Act of 2024.
H.R. 7779 would establish a Good Samaritan pilot program and authorize the Environmental Protection Agency to issue permits for projects to remediate mine residue at abandoned
hardrock mine sites. The bill would establish a remediation fund for federal agencies to administer projects carried out by Good Samaritans (entities that are not current
owners or operators of an abandoned site; had no role in the creation of the mine residue; and are not potentially liable under any law for the remediation, treatment, or
control of the mine residue). The spending would be funded by appropriations and by deposits from nonfederal sources, such as donations, agreements for long-term operations and
maintenance costs, and insurance proceeds if a Good Samaritan fails to complete a project. The bill also would waive the applicability of all other laws with respect to the use
of the fund, including the Antideficiency Act, which could allow amounts to be obligated before expected deposits into the fund are received. However, CBO expects that spending
of any such advance obligations would be constrained by amounts ultimately deposited into the fund. On that basis, CBO estimates that enacting H.R. 7779 would increase net
direct spending by less than $500,000 over the 2025-2034 period and have no effect on revenues. CBO has not estimated the bill's effects on spending subject to appropriation.
The bill contains no intergovernmental or private-sector mandates as defined in the Unfunded Mandates Reform Act.
H.R. 8505.... Household Goods Ordered reported.... 09/18/24 400 0 Between Not estimated Yes No No Zunara Naeem
Shipping Consumer zero and
Protection Act. $500,000
H.R. 8505 would allow the Federal Motor Carrier Safety Administration to assess penalties for entities that illegally ship household goods. The bill also would allow states to
enforce and collect fines on such entities. As a result, CBO estimates that enacting H.R. 8505 could increase revenues because those penalties are recorded in the budget as
revenues. Because the number of entities affected is likely to be small, CBO estimates that the increase in revenues would be less than $500,000 over the 2025-2034 period. CBO
estimates that enacting the bill would have no effect on direct spending. CBO has not estimated the bill's effects on spending subject to appropriation. The bill contains no
intergovernmental or private-sector mandates as defined in the Unfunded Mandates Reform Act.
H.R. 8530.... Improving Federal Ordered reported.... 09/18/24 800 Between zero 0 Not estimated Yes No No Matthew Pickford
Building Security and $500,000
Act of 2024.
H.R. 8530 would require federal agencies to respond within 90 days to recommendations by the Federal Protective Service, within the Department of Homeland Security (DHS),
concerning building security. Agencies could adopt or reject those recommendations but would need to explain their rejections. The bill would require DHS to track
recommendations and responses and to report annually to the Congress concerning all recommendations. Enacting H.R. 8530 could increase direct spending by some agencies that are
allowed to use fees, receipts from the sale of goods, and other collections to cover operating costs. CBO estimates that any net changes in direct spending by those agencies
would be negligible because most of them can adjust amounts collected to reflect changes in operating costs. CBO estimates that enacting H.R. 8530 would have no effect on
revenues. CBO has not estimated the bill's effects on spending subject to appropriation. The bill contains no intergovernmental or private-sector mandates as defined in the
Unfunded Mandates Reform Act.
H.R. 8692.... The Amtrak Ordered reported.... 09/18/24 400 0 0 0 No No Yes Zunara Naeem
Transparency and
Accountability for
Passengers and
Taxpayer Act.
H.R. 8692 would require Amtrak to hold open meetings in accordance with current requirements for most federal agencies. Because Amtrak is considered a nonfederal entity, CBO
estimates that enacting H.R. 8692 would have no effect on the federal budget. The bill would impose a private-sector mandate as defined in the Unfunded Mandates Reform Act
(UMRA) that would not exceed the annual threshold established in UMRA ($200 million in 2024, adjusted annually for inflation). The bill contains no intergovernmental mandates
as defined in UMRA.
H.R. 8995.... Baby Changing on Ordered reported.... 09/18/24 400 0 0 0 No No Yes Kelly Durand
Board Act.
H.R. 8995 would require Amtrak trains purchased after the bill's enactment to include baby-changing tables in all train restrooms that are subject to the requirements of the
Americans With Disabilities Act of 1990. Because Amtrak is considered a nonfederal entity, CBO estimates that enacting H.R. 8995 would have no effect on the federal budget. The
bill would impose a private-sector mandate as defined in the Unfunded Mandates Reform Act (UMRA) that would not exceed the threshold established in UMRA ($200 million in 2024,
adjusted annually for inflation). The bill contains no intergovernmental mandates as defined in UMRA.
H.R. 9024.... Extreme Weather and Ordered reported.... 09/18/24 450 0 0 Not estimated No No No Jon Sperl
Heat Response
Modernization Act.
H.R. 9024 would require the Federal Emergency Management Agency (FEMA) to issue guidance for disaster relief programs concerning extreme-temperature events and to consider
innovative preparedness and mitigation projects for such disasters in its grantmaking. The bill also would require FEMA to convene an advisory panel to review the definition of
incident periods for extreme-temperature events and to issue regulations revising those periods. Finally, the bill would require FEMA to study the effects of extreme-
temperature disasters, develop guidance and best practices for responding to such events, and report to the Congress. CBO estimates that enacting H.R. 9024 would not affect
direct spending or revenues. CBO has not estimated the bill's effects on spending subject to appropriation. The bill contains no intergovernmental or private-sector mandates as
defined in the Unfunded Mandates Reform Act.
H.R. 9313.... Think Differently Ordered reported.... 09/18/24 800 0 0 Between zero No No No Matthew Pickford
About Building and $500,000
Accessibility Act.
H.R. 9313 would direct the Government Accountability Office to report to the Congress concerning accessibility for people with disabilities in all office buildings controlled by
the General Services Administration. CBO estimates that enacting H.R. 9313 would not affect direct spending or revenues. CBO estimates that implementing the bill would increase
spending subject to appropriation by less than $500,000 over the 2025-2029 period. The bill contains no intergovernmental or private-sector mandates as defined in the Unfunded
Mandates Reform Act.
H.R. 9541.... POWER Act of 2024... Ordered reported.... 09/18/24 450 0 0 Not estimated No No No Jon Sperl
H.R. 9541 would authorize electric utilities that receive disaster assistance from the Federal Emergency Management Agency for emergency power restoration to implement
mitigation activities as part of power restoration. Those actions would not disqualify utilities from receiving mitigation assistance under the Public Assistance Program. CBO
estimates that enacting H.R. 9541 would not affect direct spending or revenues. CBO has not estimated the bill's effects on spending subject to appropriation. The bill contains
no intergovernmental or private-sector mandates as defined in the Unfunded Mandates Reform Act.
H.R. 9591.... A bill to require Ordered reported.... 09/18/24 800 Between - 0 Not estimated No No No Emma Uebelhor
the Administrator $500,000 and
of General Services zero
to sell certain
property related to
United States
Penitentiary,
Leavenworth, and
for other purposes.
H.R. 9591 would require the General Services Administration (GSA) to sell any property in the State of Missouri associated with the Federal Correctional Institution,
Leavenworth, which is located in Kansas. Net proceeds from the sale would be deposited into the Federal Buildings Fund and recorded in the budget as offsetting receipts (that
is, as reductions in direct spending). Using information from GSA, CBO estimates that the property could be sold for about $500,000; therefore, CBO estimates that enacting H.R.
9591 would decrease direct spending by an insignificant amount. CBO estimates that enacting the bill would not affect revenues. CBO has not estimated the bill's effects on
spending subject to appropriation. The bill contains no intergovernmental or private-sector mandates as defined in the Unfunded Mandates Reform Act.
H.R. 9750.... Natural Disaster Ordered reported.... 09/25/24 450 0 0 Not estimated No No No Jon Sperl
Recovery Program
Act of 2024.
H.R. 9750 would create a Natural Disaster Recovery Fund, to be administered by the Federal Emergency Management Agency, from which the agency would make grants to state and
tribal governments to cover unmet needs following major disasters. Those governments would determine how funds are spent. The bill also would expand the availability of
disaster assistance for housing repairs and require several reports related to disaster recovery programs. CBO estimates that enacting H.R. 9750 would not affect direct
spending or revenues. CBO has not estimated the bill's effects on spending subject to appropriation. The bill contains no intergovernmental or private-sector mandates as
defined in the Unfunded Mandates Reform Act.
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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 study
the compliance with the Architectural Barriers Act of 1968 of
buildings owned and leased by the General Services
Administration.
DUPLICATION OF FEDERAL PROGRAMS
Pursuant to clause 3(c)(5) of rule XIII of the Rules of the
House of Representatives, the Committee finds that no provision
of H.R. 9313 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.
CONGRESSIONAL EARMARKS, LIMITED TAX BENEFITS,
AND LIMITED TARIFF BENEFITS
In compliance with clause 9 of rule XXI of the Rules of the
House of Representatives, this bill, as reported, contains no
congressional earmarks, limited tax benefits, or limited tariff
benefits as defined in clause 9(e), 9(f), or 9(g) of the rule
XXI.
FEDERAL MANDATES 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 finds that H.R. 9313 does not
preempt any state, local, or tribal law.
ADVISORY COMMITTEE STATEMENT
No advisory committees within the definition of Section
5(b) of the appendix to Title 5, United States Code, are
created by this legislation.
APPLICABILITY TO 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 THE LEGISLATION
Section 1. Short title
This section provides that this bill may be cited as the
``Think Differently About Building Accessibility Act''.
Section 2. GAO Report
This section directs the Comptroller General of the United
States, not later than one year after enactment, to report to
the Committee on Transportation and Infrastructure of the House
of Representatives and the Committee on Environment and Public
Works of the Senate on the compliance under the Architectural
Barriers Act of 1968 of all office buildings under the
jurisdiction, custody, or control of the General Services
Administration.
CHANGES IN EXISTING LAW MADE BY THE BILL, AS REPORTED
As reported by the Committee, H.R. 9313 makes no changes in
existing law.
[all]