An Act To amend title 40, United States Code, to require restrooms in public buildings to be equipped with baby changing facilities.

Oct. 7, 2016

[H.R. 5147]

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

Bathrooms Accessible in Every Situation Act.

SECTION 1.

40 USC 101 note.

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:

“§ 3314.

40 USC 3314.

Baby changing facilities in restrooms“(a)

Determination.

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.130 STAT. 965 “(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

40 USC

3301 prec.

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)

Effective date.

40 USC 3314 note.

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.

Approved October 7, 2016.