42 U.S.C. § 4914: Development of low-noise-emis…

Summary

Require the Federal Government to buy certified low-noise-emission products when those products work as substitutes and are not too costly. Definitions: Committee — the Low-Noise-Emission Product Advisory Committee; Federal Government — the three branches plus D.C.; low-noise-emission product — a product that makes much less noise than the rules require at the time of purchase; retail price — the maximum legal price for the product or, if none, the most recent purchase price. The Administrator must decide which products qualify and must certify products that apply, meet the low-noise standard, and are suitable as government substitutes. Applicants must follow the Administrator’s rules. The Administrator will publish each application, inspect products, accept written comments, and must decide within 90 days if a product meets the low-noise test and within 180 days whether it is a suitable substitute. Certifications last one year. The Administrator may create an advisory committee with federal and private members; non-full-time members may get daily pay equal to the annual GS–18 rate and travel expenses. Certified low-noise products must be bought or leased by the government if their cost is no more than 125% of the retail price of the least expensive substitute. Procurement contracts must include the data used for certification. Agencies must buy available certified products first and prefer models with low maintenance and reasonable operating costs. Statutory price limits are waived for these purchases. The Administrator will test bought products from time to time, notify suppliers and the public if noise levels rise, allow repairs, and may require suppliers to show cause for recertification. Funds authorized: $1,000,000 for fiscal year ending June 30, 1973; $2,000,000 for each of the two succeeding fiscal years; $2,200,000 for fiscal year ending June 30, 1976; $550,000 for July 1, 1976 through September 30, 1976; and $2,420,000 for fiscal year ending September 30, 1977. The Administrator must create implementing procedures within 180 days after October 27, 1972.

Title 42, §4914

The Public Health and Welfare, Source: USLM XML via OLRC

(a)Definitions

For the purpose of this section: (1)

(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.

Notes & Related Subsidiaries

Editorial Notes

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.

Statutory Notes and Related Subsidiaries

Termination of Advisory CommitteesAdvisory 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 1013 of Title 5, Government Organization and Employees. References in Other Laws to GS–16, 17, or 18 Pay RatesReferences 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, § 101(c)(1)] of Pub. L. 101–509, set out in a note under section 5376 of Title 5.

§4914 Development of Low-noise-emission Products