HR6370-119

2. Equipping certain health centers with baby changing tables Section 330 of the Public Health Service Act (42 U.S.C. 254b) is amended by adding at the end the following: As a condition for the receipt of a grant under this section, the Secretary shall require a health center receiving assistance under the grant to provide assurances that restrooms in the facilities of the health center are equipped with baby changing tables that are physically safe, sanitary, and appropriate. The requirement under subsection (a) shall not apply— to a restroom in a facility that is not available or accessible for public use; to a restroom in a facility that contains clear and conspicuous signs indicating— in the case of a men’s restroom, where another men’s restroom, or a gender-neutral restroom, with a baby changing table is located on the same floor of such facility; in the case of a women’s restroom, where another women’s restroom, or a gender-neutral restroom, with a baby changing table is located on the same floor of such facility; or in the case of a gender-neutral restroom, where— another gender-neutral restroom with a baby changing table is located on the same floor of such facility; or a men’s restroom and women’s restroom with a baby changing table are located on the same floor of such facility; or if new construction would be required to install a baby changing table in the facility and the cost of such construction is unfeasible. The requirement of subsection (a) shall be subject to any reasonable accommodations that may be made for individuals in accordance with the Americans with Disabilities Act of 1990 (42 U.S.C. 12101 et seq.). Grant funds received under this section may be used to cover costs associated with acquiring and installing baby changing tables and signs as necessary to comply with the requirements of this subsection. The Secretary may extend a deadline for compliance with the requirements of this subsection, or may waive the applicability of such requirements, as the Secretary determines appropriate to account for extenuating circumstances. In this subsection, the term baby changing table means an elevated, freestanding structure generally designed to support and retain a child with a body weight of up to 30 pounds in a horizontal position for the purpose of allowing an individual to change the child’s diaper, including pull-out or drop-down changing surfaces. Nothing in this section may be construed to supercede a more stringent requirement in a State or local law relating to— equipping restrooms with baby changing tables; or the standards applicable to such baby changing tables. In addition to other amounts authorized to be appropriated to carry out this section, there is authorized to be appropriated a total of $5,000,000 to supplement grant amounts received under this section for the sole purpose of assisting health centers in complying with the requirement of subsection (a). Section 330(s) of the Public Health Service Act (as added by subsection (a) of this section) shall apply— beginning on the date of enactment of this Act, in the case of a facility that is acquired, constructed, or substantially renovated beginning on or after such date of enactment; and beginning 5 years after such date of enactment, in the case of all other facilities. (s)Baby changing tables(1)In generalAs a condition for the receipt of a grant under this section, the Secretary shall require a health center receiving assistance under the grant to provide assurances that restrooms in the facilities of the health center are equipped with baby changing tables that are physically safe, sanitary, and appropriate.(2)ExceptionsThe requirement under subsection (a) shall not apply—(A)to a restroom in a facility that is not available or accessible for public use;(B)to a restroom in a facility that contains clear and conspicuous signs indicating—(i)in the case of a men’s restroom, where another men’s restroom, or a gender-neutral restroom, with a baby changing table is located on the same floor of such facility;(ii)in the case of a women’s restroom, where another women’s restroom, or a gender-neutral restroom, with a baby changing table is located on the same floor of such facility; or(iii)in the case of a gender-neutral restroom, where—(I)another gender-neutral restroom with a baby changing table is located on the same floor of such facility; or(II)a men’s restroom and women’s restroom with a baby changing table are located on the same floor of such facility; or(C)if new construction would be required to install a baby changing table in the facility and the cost of such construction is unfeasible.(3)ADA requirementsThe requirement of subsection (a) shall be subject to any reasonable accommodations that may be made for individuals in accordance with the Americans with Disabilities Act of 1990 (42 U.S.C. 12101 et seq.).(4)Use of grant fundsGrant funds received under this section may be used to cover costs associated with acquiring and installing baby changing tables and signs as necessary to comply with the requirements of this subsection.(5)Extensions; waiversThe Secretary may extend a deadline for compliance with the requirements of this subsection, or may waive the applicability of such requirements, as the Secretary determines appropriate to account for extenuating circumstances.(6)Baby changing table definedIn this subsection, the term baby changing table means an elevated, freestanding structure generally designed to support and retain a child with a body weight of up to 30 pounds in a horizontal position for the purpose of allowing an individual to change the child’s diaper, including pull-out or drop-down changing surfaces.(7)Limitation on statutory constructionNothing in this section may be construed to supercede a more stringent requirement in a State or local law relating to—(A)equipping restrooms with baby changing tables; or(B)the standards applicable to such baby changing tables.(8)Authorization of appropriationsIn addition to other amounts authorized to be appropriated to carry out this section, there is authorized to be appropriated a total of $5,000,000 to supplement grant amounts received under this section for the sole purpose of assisting health centers in complying with the requirement of subsection (a)..