[Laws in effect as of January 16, 1996]
[Document not affected by Public Laws enacted between
January 16, 1996 and August 28, 1996]
[CITE: 42USC4914]
TITLE 42--THE PUBLIC HEALTH AND WELFARE
CHAPTER 65-- NOISE CONTROL
Sec. 4914. Development of low-noise-emission products
(a) Definitions
For the purpose of this section:
(1) The term ``Committee'' means the Low-Noise-Emission Product
Advisory Committee.
(2) The term ``Federal Government'' includes the legislative,
executive, and judicial branches of the Government of the United
States, and the government of the District of Columbia.
(3) The term ``low-noise-emission product'' means any product
which emits noise in amounts significantly below the levels
specified in noise emission standards under regulations applicable
under section 4905 of this title at the time of procurement to that
type of product.
(4) The term ``retail price'' means (A) the maximum statutory
price applicable to any type of product; or (B) in any case where
there is no applicable maximum statutory price, the most recent
procurement price paid for any type of product.
(b) Certification of products; Low-Noise-Emission Product Advisory
Committee
(1) The Administrator shall determine which products qualify as low-
noise-emission products in accordance with the provisions of this
section.
(2) The Administrator shall certify any product--
(A) for which a certification application has been filed in
accordance with paragraph (5)(A) of this subsection;
(B) which is a low-noise-emission product as determined by the
Administrator; and
(C) which he determines is suitable for use as a substitute for
a type of product at that time in use by agencies of the Federal
Government.
(3) The Administrator may establish a Low-Noise-Emission Product
Advisory Committee to assist him in determining which products qualify
as low-noise-emission products for purposes of this section. The
Committee shall include the Administrator or his designee, a
representative of the National Institute of Standards and Technology,
and representatives of such other Federal agencies and private
individuals as the Administrator may deem necessary from time to time.
Any member of the Committee not employed on a full-time basis by the
United States may receive the daily equivalent of the annual rate of
basic pay in effect for Grade GS-18 of the General Schedule for each day
such member is engaged upon work of the Committee. Each member of the
Committee shall be reimbursed for travel expenses, including per diem in
lieu of subsistence as authorized by section 5703 of title 5 for persons
in the Government service employed intermittently.
(4) Certification under this section shall be effective for a period
of one year from the date of issuance.
(5)(A) Any person seeking to have a class or model of product
certified under this section shall file a certification application in
accordance with regulations prescribed by the Administrator.
(B) The Administrator shall publish in the Federal Register a notice
of each application received.
(C) The Administrator shall make determinations for the purpose of
this section in accordance with procedures prescribed by him by
regulation.
(D) The Administrator shall conduct whatever investigation is
necessary, including actual inspection of the product at a place
designated in regulations prescribed under subparagraph (A).
(E) The Administrator shall receive and evaluate written comments
and documents from interested persons in support of, or in opposition
to, certification of the class or model of product under consideration.
(F) Within ninety days after the receipt of a properly filed
certification application the Administrator shall determine whether such
product is a low-noise-emission product for purposes of this section. If
the Administrator determines that such product is a low-noise-emission
product, then within one hundred and eighty days of such determination
the Administrator shall reach a decision as to whether such product is a
suitable substitute for any class or classes of products presently being
purchased by the Federal Government for use by its agencies.
(G) Immediately upon making any determination or decision under
subparagraph (F), the Administrator shall publish in the Federal
Register notice of such determination or decision, including reasons
therefor.
(c) Federal procurement of low-noise-emission products
(1) Certified low-noise-emission products shall be acquired by
purchase or lease by the Federal Government for use by the Federal
Government in lieu of other products if the Administrator of General
Services determines that such certified products have procurement costs
which are no more than 125 per centum of the retail price of the least
expensive type of product for which they are certified substitutes.
(2) Data relied upon by the Administrator in determining that a
product is a certified low-noise-emission product shall be incorporated
in any contract for the procurement of such product.
(d) Product selection
The procuring agency shall be required to purchase available
certified low-noise-emission products which are eligible for purchase to
the extent they are available before purchasing any other products for
which any low-noise-emission product is a certified substitute. In
making purchasing selections between competing eligible certified low-
noise-emission products, the procuring agency shall give priority to any
class or model which does not require extensive periodic maintenance to
retain its low-noise-emission qualities or which does not involve
operating costs significantly in excess of those products for which it
is a certified substitute.
(e) Waiver of statutory price limitations
For the purpose of procuring certified low-noise-emission products
any statutory price limitations shall be waived.
(f) Tests of noise emissions from products purchased by Federal
Government
The Administrator shall, from time to time as he deems appropriate,
test the emissions of noise from certified low-noise-emission products
purchased by the Federal Government. If at any time he finds that the
noise-emission levels exceed the levels on which certification under
this section was based, the Administrator shall give the supplier of
such product written notice of this finding, issue public notice of it,
and give the supplier an opportunity to make necessary repairs,
adjustments, or replacements. If no such repairs, adjustments, or
replacements are made within a period to be set by the Administrator, he
may order the supplier to show cause why the product involved should be
eligible for recertification.
(g) Authorization of appropriations
There are authorized to be appropriated for paying additional
amounts for products pursuant to, and for carrying out the provisions
of, this section, $1,000,000 for the fiscal year ending June 30, 1973,
and $2,000,000 for each of the two succeeding fiscal years, $2,200,000
for the fiscal year ending June 30, 1976, $550,000 for the transition
period of July 1, 1976, through September 30, 1976, and $2,420,000 for
the fiscal year ending September 30, 1977.
(h) Promulgation of procedures
The Administrator shall promulgate the procedures required to
implement this section within one hundred and eighty days after October
27, 1972.
(Pub. L. 92-574, Sec. 15, Oct. 27, 1972, 86 Stat. 1245; Pub. L. 94-301,
Sec. 1, May 31, 1976, 90 Stat. 590; Pub. L. 100-418, title V,
Sec. 5115(c), Aug. 23, 1988, 102 Stat. 1433.)
Amendments
1988--Subsec. (b)(3). Pub. L. 100-418 substituted ``National
Institute of Standards and Technology'' for ``National Bureau of
Standards''.
1976--Subsec. (g). Pub. L. 94-301 inserted authorization of
appropriations for fiscal year ending June 30, 1976, the transition
period, and fiscal year ending September 30, 1977.
Termination of Advisory Committees
Advisory committees in existence on Jan. 5, 1973, to terminate not
later than the expiration of the 2-year period following Jan. 5, 1973,
unless, in the case of a committee established by the President or an
officer of the Federal Government, such committee is renewed by
appropriate action prior to the expiration of such 2-year period, or in
the case of a committee established by the Congress, its duration is
otherwise provided by law. A committee established after Jan. 5, 1973,
to terminate not later than the expiration of the 2-year period
beginning on the date of its establishment unless in the case of a
committee established by the President or an officer of the Federal
Government, such committee is renewed by appropriate action prior to the
end of such period, or in the case of a committee established by the
Congress, its duration is otherwise provided by law. See section 14 of
Pub. L. 92-463, Oct. 6, 1972, 86 Stat. 776, set out in the Appendix to
Title 5, Government Organization and Employees.
References in Other Laws to GS-16, 17, or 18 Pay Rates
References in laws to the rates of pay for GS-16, 17, or 18, or to
maximum rates of pay under the General Schedule, to be considered
references to rates payable under specified sections of Title 5,
Government Organization and Employees, see section 529 [title I,
Sec. 101(c)(1)] of Pub. L. 101-509, set out in a note under section 5376
of Title 5.
Section Referred to in Other Sections
This section is referred to in section 4918 of this title.