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U.S. Code as of:
01/19/04
Section 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.
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