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[114th Congress Public Law 235]
[From the U.S. Government Publishing Office]

[[Page 130 STAT. 964]]

Public Law 114-235
114th Congress

                                 An Act

 
 To amend title 40, United States Code, to require restrooms in public 
buildings to be equipped with baby changing facilities. <<NOTE: 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, <<NOTE: Bathrooms 
Accessible in Every Situation Act.>> 
SECTION 1. <<NOTE: 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:
``Sec. 3314. <<NOTE: 40 USC 3314.>>  Baby changing facilities in 
                  restrooms

    ``(a) <<NOTE: 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.

[[Page 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 <<NOTE: 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) <<NOTE: 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.

LEGISLATIVE HISTORY--H.R. 5147:
---------------------------------------------------------------------------

HOUSE REPORTS: No. 114-774 (Comm. on Transportation and Infrastructure).
CONGRESSIONAL RECORD, Vol. 162 (2016):
            Sept. 20, 21, considered and passed House.
            Sept. 29, considered and passed Senate.

                                  <all>
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