II 

114TH CONGRESS 

2D SESSION H. R. 5147 

IN THE SENATE OF THE UNITED STATES 

SEPTEMBER 22, 2016 

Received 

AN ACT 

To amend title 40, United States Code, to require restrooms 

in public buildings to be equipped with baby changing 

facilities. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 


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HR 5147 RDS 

1 SECTION 1. SHORT TITLE. 

2 This Act may be cited as the ‘‘Bathrooms Accessible 

3 in Every Situation Act’’ or ‘‘BABIES Act’’. 

4 SEC. 2. BABY CHANGING FACILITIES IN RESTROOMS IN 

5 PUBLIC BUILDINGS. 

6 (a) IN GENERAL.—Chapter 33 of title 40, United 

7 States Code, is amended— 

8 (1) by redesignating sections 3314, 3315, and 

9 3316 as sections 3315, 3316, and 3317, respectively; 

10 and 

11 (2) by inserting after section 3313 the following 

12 new section: 

13 ‘‘§ 3314. Baby changing facilities in restrooms 

14 ‘‘(a) ADDITIONAL REQUIREMENT FOR THE CON15 STRUCTION, ALTERATION, AND ACQUISITION OF PUBLIC

16 BUILDINGS.—Except as provided in subsection (b) and 

17 subject to any reasonable accommodations that may be 

18 made for individuals in accordance with the Americans 

19 with Disabilities Act (42 U.S.C. 12101 et seq.) restrooms 

20 in a public building shall be equipped with baby changing 

21 facilities that the Administrator determines are physically 

22 safe, sanitary, and appropriate. 

23 ‘‘(b) EXCEPTIONS.—The requirement under sub24 section (a) shall not apply— 

25 ‘‘(1) to a restroom in a public building that is 

26 not available or accessible for public use; 


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HR 5147 RDS 

1 ‘‘(2) to a restroom in a public building that 

2 contains clear and conspicuous signage indicating 

3 where a restroom with a baby changing table is lo4 cated on the same floor of such public building; 

5 ‘‘(3) if new construction would be required to 

6 install a baby changing facility in the public building 

7 and the cost of such construction is unfeasible; or 

8 ‘‘(4) to a building not subject to an alteration 

9 as set forth in section 3307. 

10 ‘‘(c) DEFINITIONS.—In this section: 

11 ‘‘(1) BABY CHANGING FACILITY.—The term 

12 ‘baby changing facility’ means a table or other de13 vice suitable for changing the diaper of a child age 

14 3 or under. 

15 ‘‘(2) PUBIC BUILDING.—The term ‘public build16 ing’ means a public building as defined in section 

17 3301 and controlled by the Public Building Service 

18 of the General Services Administration.’’. 

19 (b) CLERICAL AMENDMENT.—The analysis for such 

20 chapter is amended by striking the items relating to sec21 tions 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.’’. 

22 (c) APPLICABILITY.—The requirement under section 

23 3314(a) of title 40, United States Code, shall apply in the 


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1 case of a public building constructed, altered, or acquired 

2 by the Administrator of General Services on or after the 

3 date that is 1 year after the date of the enactment of this 

4 Act, beginning on that date. 

Passed the House of Representatives September 21, 

2016. 

Attest: KAREN L. HAAS, 

Clerk. 


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