40 U.S.C. § 3314 — Baby changing facilities in restrooms

Page 138 TITLE 40—PUBLIC BUILDINGS, PROPERTY, AND WORKS § 3314 1 See References in Text note below. (1) the lighting system or the individual components of the lighting system are cer- tified under the Energy Star program estab- lished by section 324A of the Energy Policy and Conservation Act (42 U.S.C. 6294a); (2) in the case of all light-emitting diode (LED) luminaires, lamps, and systems whose efficacy (lumens per watt) and Color Ren- dering Index (CRI) meet the Department of Energy requirements for minimum luminaire efficacy and CRI for the Energy Star certifi- cation, as verified by an independent third- party testing laboratory that the Adminis- trator and the Secretary of Energy determine conducts its tests according to the procedures and recommendations of the Illuminating En- gineering Society of North America, even if the luminaires, lamps, and systems have not received such certification; or (3) the Administrator and the Secretary of Energy have otherwise determined that the lighting system is energy efficient. (g) ADDITIONAL ENERGY EFFICIENT LIGHTING DESIGNATIONS.—The Administrator of the Envi- ronmental Protection Agency and the Secretary of Energy shall give priority to establishing En- ergy Star performance criteria or Federal En- ergy Management Program designations for ad- ditional lighting product categories that are ap- propriate for procurement and use in public buildings. (h) GUIDELINES.—The Administrator shall de- velop guidelines for the procurement and use of energy efficient lighting technologies that con- tain mercury in child care centers in public buildings. (i) APPLICABILITY OF BUY AMERICAN ACT.—Ac- quisitions carried out pursuant to this section shall be subject to the requirements of the Buy American Act 1 (41 U.S.C. 10c et seq.). (Added Pub. L. 110–140, title III, § 323(c)(1)(B), Dec. 19, 2007, 121 Stat. 1590; amended Pub. L. 117–202, § 3(a), Oct. 17, 2022, 136 Stat. 2224.) Editorial Notes REFERENCES IN TEXT The date of enactment of the BRIGHT Act, referred to in subsec. (b)(1)(B), is the date of enactment of Pub. L. 117–202, which was approved Oct. 17, 2022. The Buy American Act, referred to in subsec. (i), is title III of act Mar. 3, 1933, ch. 212, 47 Stat. 1520, which was classified generally to sections 10a, 10b, and 10c of former Title 41, Public Contracts, and was substan- tially repealed and restated in chapter 83 (§ 8301 et seq.) of Title 41, Public Contracts, by Pub. L. 111–350, §§ 3, 7(b), Jan. 4, 2011, 124 Stat. 3677, 3855. For complete clas- sification of this Act to the Code, see Short Title of 1933 Act note set out under section 101 of Title 41 and Tables. For disposition of sections of former Title 41, see Disposition Table preceding section 101 of Title 41. PRIOR PROVISIONS A prior section 3313 was renumbered section 3315 of this title. AMENDMENTS 2022—Pub. L. 117–202, § 3(a)(3), substituted ‘‘Procure- ment of life-cycle cost effective and energy efficient lighting systems’’ for ‘‘Use of energy efficient lighting fixtures and bulbs’’ in section catchline. Subsecs. (a) to (c). Pub. L. 117–202, § 3(a)(3), added sub- secs. (a) to (c) and struck out former subsecs. (a) to (c) which related to use of energy efficient lighting fix- tures and bulbs in new and existing public buildings. Subsecs. (d), (e). Pub. L. 117–202, § 3(a)(3), added sub- secs. (d) and (e). Former subsecs. (d) and (e) redesig- nated (f) and (g), respectively. Subsec. (f). Pub. L. 117–202, § 3(a)(2), (4)(A), redesig- nated subsec. (d) as (f) and substituted ‘‘lighting sys- tem’’ for ‘‘lighting fixture or bulb’’ in introductory pro- visions. Former subsec. (f) redesignated (h). Subsec. (f)(1). Pub. L. 117–202, § 3(a)(4)(B), substituted ‘‘the lighting system or the individual components of the lighting system are’’ for ‘‘the fixture or bulb is’’. Subsec. (f)(3). Pub. L. 117–202, § 3(a)(4)(C), substituted ‘‘lighting system’’ for ‘‘fixture or bulb’’. Subsec. (g). Pub. L. 117–202, § 3(a)(2), (5), redesignated subsec. (e) as (g) and inserted ‘‘procurement and’’ be- fore ‘‘use in public buildings’’. Former subsec. (g) redes- ignated (i). Subsec. (h). Pub. L. 117–202, § 3(a)(2), (6), redesignated subsec. (f) as (h) and inserted ‘‘procurement and’’ before ‘‘use of energy efficient’’. Former subsec. (h) struck out. Pub. L. 117–202, § 3(a)(1), struck out subsec. (h). Text read as follows: ‘‘The requirements of subsections (a) and (b) shall take effect 1 year after the date of enact- ment of this subsection.’’ Subsec. (i). Pub. L. 117–202, § 3(a)(2), redesignated sub- sec. (g) as (i). Statutory Notes and Related Subsidiaries EFFECTIVE DATE Section effective on the date that is 1 day after Dec. 19, 2007, see section 1601 of Pub. L. 110–140, set out as a note under section 1824 of Title 2, The Congress. GUIDANCE Pub. L. 117–202, § 2, Oct. 17, 2022, 136 Stat. 2224, pro- vided that: ‘‘Not later than 1 year after the date of en- actment of this Act [Oct. 17, 2022], the Administrator of General Services shall— ‘‘(1) issue guidance to Federal agencies for the pro- curement and use of the most life-cycle cost effective and energy efficient lighting systems (as determined in accordance with section 3313 of title 40, United States Code) to increase the efficiency, effectiveness, and economy of the Federal Government; and ‘‘(2) publish on the internet or otherwise make available to State, local, and Tribal entities informa- tion on ways to improve efficiency, effectiveness, and economy by procuring and using the most life-cycle cost effective and energy efficient lighting systems (as determined in accordance with section 3313 of title 40, United States Code).’’ § 3314. Baby changing facilities in restrooms (a) ADDITIONAL REQUIREMENT FOR THE CON- STRUCTION, ALTERATION, AND ACQUISITION OF PUBLIC BUILDINGS.—Except as provided in sub- section (b) and subject to any reasonable accom- modations 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 sub- section (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 indi- cating where a restroom with a baby changing table is located on the same floor of such pub- lic building; Page 139 TITLE 40—PUBLIC BUILDINGS, PROPERTY, AND WORKS § 3316 1 So in original. Probably should be ‘‘PUBLIC’’. (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. (2) PUBIC 1 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 Ad- ministration. (Added Pub. L. 114–235, § 2(a)(2), Oct. 7, 2016, 130 Stat. 964.) Editorial Notes REFERENCES IN TEXT The Americans with Disabilities Act, referred to in subsec. (a), probably means the Americans with Dis- abilities Act of 1990, Pub. L. 101–336, July 26, 1990, 104 Stat. 327, which is classified principally to chapter 126 (§ 12101 et seq.) of Title 42, The Public Health and Wel- fare. For complete classification of this Act to the Code, see Short Title note set out under section 12101 of Title 42 and Tables. PRIOR PROVISIONS A prior section 3314 was renumbered section 3315 of this title. Statutory Notes and Related Subsidiaries APPLICABILITY Pub. L. 114–235, § 2(c), Oct. 7, 2016, 130 Stat. 965, pro- vided that: ‘‘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 [Oct. 7, 2016], beginning on that date.’’ § 3315. Delegation (a) WHEN ALLOWED.—The carrying out of the duties and powers of the Administrator of Gen- eral Services under this chapter, in accordance with standards the Administrator prescribes— (1) shall, except for the authority contained in section 3305(b) of this title, be delegated on request to the appropriate executive agency when the estimated cost of the project does not exceed $100,000; and (2) may be delegated to the appropriate exec- utive agency when the Administrator deter- mines that delegation will promote efficiency and economy. (b) NO EXEMPTION FROM OTHER PROVISIONS OF CHAPTER.—Delegation under subsection (a) does not exempt the person to whom the delegation is made, or the carrying out of the delegated duty or power, from any other provision of this chapter. (Pub. L. 107–217, Aug. 21, 2002, 116 Stat. 1166, § 3313; Pub. L. 109–304, § 17(g)(3), Oct. 6, 2006, 120 Stat. 1709; renumbered § 3314, Pub. L. 110–140, title III, § 323(c)(1)(A), Dec. 19, 2007, 121 Stat. 1590; renumbered § 3315, Pub. L. 114–235, § 2(a)(1), Oct. 7, 2016, 130 Stat. 964.) HISTORICAL AND REVISION NOTES Revised Section Source (U.S. Code) Source (Statutes at Large) 3313(a) ........ 40:614 (1st sentence). Pub. L. 86–249, § 15, Sept. 9, 1959, 73 Stat. 483. 3313(b) ........ 40:614 (last sen- tence). In subsection (a), before clause (1), the words ‘‘duties and powers’’ are substituted for ‘‘responsibilities and authorities’’ for consistency in the revised title and with other titles of the United States Code. Editorial Notes PRIOR PROVISIONS A prior section 3315 was renumbered section 3316 of this title. AMENDMENTS 2016—Pub. L. 114–235 renumbered section 3314 of this title as this section. 2007—Pub. L. 110–140 renumbered section 3313 of this title as this section. 2006—Subsec. (a). Pub. L. 109–304 substituted ‘‘The’’ for ‘‘Except for the authority contained in section 3305(b) of this title, the’’ in introductory provisions and ‘‘shall, except for the authority contained in section 3305(b) of this title,’’ for ‘‘shall’’ in par. (1). Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2007 AMENDMENT Amendment by Pub. L. 110–140 effective on the date that is 1 day after Dec. 19, 2007, see section 1601 of Pub. L. 110–140, set out as an Effective Date note under sec- tion 1824 of Title 2, The Congress. § 3316. Report to Congress (a) REQUEST BY EITHER HOUSE OF CONGRESS OR ANY COMMITTEE.—Within a reasonable time after a request of either House of Congress or any committee of Congress, the Administrator of General Services shall submit a report show- ing the location, space, cost, and status of each public building the construction, alteration, or acquisition of which— (1) is to be under authority of this chapter; and (2) was uncompleted as of the date of the re- quest, or as of another date the request may designate. (b) REQUEST OF COMMITTEE ON PUBLIC WORKS AND ENVIRONMENT OR COMMITTEE ON TRANSPOR- TATION AND INFRASTRUCTURE.—The Adminis- trator and the United States Postal Service shall make building project surveys requested by resolution by the Committee on Environment and Public Works of the Senate or the Com- mittee on Transportation and Infrastructure of the House of Representatives, and within a rea- sonable time shall make a report on the survey to Congress. The report shall contain all other information required to be included in a pro- spectus of the proposed public building project under section 3307(b) of this title. (Pub. L. 107–217, Aug. 21, 2002, 116 Stat. 1166, § 3314; renumbered § 3315, Pub. L. 110–140, title III, § 323(c)(1)(A), Dec. 19, 2007, 121 Stat. 1590; renum-