any standard setting a limit on noise emis-
sions from such product enforceable against
the manufacturer which is not identical to
the standard prescribed by the Administrator.

"(2) Subject to paragraph (1) of this
subsection, nothing in this section shall pre-
clude or deny the right of any State or po-
litical subdivision thereof to establish and
enforce controls on environmental noise
through the licensing, regulation, or restric-
tion of the use, operation, or movement of
any product or combination of products:
Provided, That such control, licensing, regu-
lation, or restriction shall not, in the case of
any motor carrier engaged in interstate com-
merce or any equipment or facility of a sur-
face carrier engaged in interstate commerce
by railroad, result in a limit on noise emis-
sions for any carriers, equipment, or facility
different than any limit contained in any
regulation applicable thereto prescribed by
the Administrator under this section of title
V of this Act, except that in the case of such
carriers the Administrator may by regula-
tion, upon the petition of a State or political
subdivision thereof and after consultation
with the Secretary of Transportation, permit
such more restrictive limits on such noise
emissions through the application of use,
operation, or movement controls or regula-
tions as in his judgment are necessitated by
special local conditions.

"(3) If, after promulgation of any stand-
ards and regulations under this section and
prior to their effective date, a product is
manufactured in compliance, with such
standards and regulations such standards
and regulations shall, for the purposes of
paragraph (1) of this subsection, become
effective with respect to such product on the
date of such compliance.

and decision in the matter on execution of
bond for the amount of the full invoice value
of such product, together with the duty
thereon, and on refusal to return such prod-
uct for any cause to the custody of the Sec-
retary of the Treasury, when demanded, for
the purpose of excluding it from the country,
or for any other purpose, said consignee shall
forfeit the full amount of said bond. All
charges for storage, cartage, and labor on
products which are refused admission or de-
livery under this section shall be paid by the
owner or consignee, and in default of such
payment shall constitute a lien against any
future importation made by such owner or
consignee.

"PROHIBITED ACTS

"SEC. 411. (a) Except as otherwise provided
in subsection (b) of this section, the follow-
ing acts or the causing thereof are pro-
hibited:

"(1) In the case of a manufacturer, the
sale in, the offering for sale in, or the intro-
duction or delivery for introduction into,
commerce of any new product, aircraft, or
aircraft engine manufactured after the ef-
fective date of noise emission control stand-
ards prescribed under sections 408, 501, 503,
511, and 521 of this Act which are applicable
to such product, unless such product is in
conformity with such standards.

“(2) (A) The removal or rendering inop-
erative by any person, other than for pur-
poses of maintenance, testing, repair, or re-
placement, of any device or element of de-
sign incorporated into any product, aircraft,
or aircraft engine in compliance with noise
emission standards promulgated under sec-
tions 408, 501, 503, 511, and 521 of this Act
prior to its sale or delivery to the ultimate
purchaser or during its term of use, or (B)
the use of a product after such device or
element of design has been removed or
rendered inoperative.

"(3) In the case of a manufacturer, the
sale in, the offering for sale in, or the intro-

section upon such terms and conditions as
he may find necessary to protect the public
health or welfare, for the purpose of research,
investigations, studies, demonstrations, or
training, or for reasons of national security.

"(2) A new product intended solely for
export, and so labeled or tagged on the out-
side of the container and on the product it-
self, shall be subject to noise emission stand-
ards of the country which imports such
product. In no event shall the Administra-
tor allow the export from the United States
of any product subject to section 414 of this
Act as a product, the noise emissions from
which are an imminent and substantial en-
dangerment to public health.

"ENFORCEMENT

"SEC. 412. (a) Any person who willfully or
negligently violates paragraph (1), (3), (5),
or (6) of subsection (a) of section 411 of
this Act shall be punished by a fine of not
more than $25,000 per day of violation, or
by imprisonment for not more than one year,
or by both. In the case of a violation of
paragraph (1) or (6) of subsection (a) of
section 411 of this Act the fine shall be not
less than $2,500 per day of violation. If the
conviction is for a violation committed after
a first conviction of such person under this
paragraph, punishment shall be by a fine of
not more than $50,000 per day of violation,
or by imprisonment for not more than two
years, or by both.

"(b) For the purpose of this section, each
day of violation of section 411(a) of this Act
shall constitute a separate violation of that
section.

"(c) The district courts of the United
States shall have jurisdiction of actions
brought by and in the name of the United
States to restrain any violations of section
411(a) of this Act.

"(d)(1) Whenever any person is in viola-
tion of section 411(a) of this Act, the Ad-
ministrator may issue an order specifying

"(1) identified pursuant to section 407(b) (1); or

"(2) which is sold wholly or in part on noise, the basis of its effectiveness in reducing

require either (1) that a notice of the level
of noise emission including the relationship

to any applicable noise emission standard
under section 408, or notice of the effective-
ness in reducing noise (as the case may be)
supplied by the manufacturer, be affixed to
the new product and to the outside of its
container at the time of its sale to the ulti-
mate purchaser, or (2) that such notice of
such level or effectiveness supplied by the
manufacturer otherwise be given to the pros-
pective user. He shall prescribe the form of
the notice and the methods and units of
measurement to be used for this purpose.
Section 408 (c) (2) shall apply to the promul-
gation of any regulation under this section.

"(b) This section does not prevent any
State or political subdivision thereof from
regulating product labeling in any way not
in conflict with regulations promulgated by
the Administrator under this section.

"IMPORTS

"SEC. 410. Any product offered for entry
into the United States for which a standard
or regulation has become effective pursuant
to this title, which is not accompanied by
certificate of compliance in the form pre-
scribed by the Administrator, shall be refused
entry into the United States. If a product is
refused entry, the Secretary of the Treasury
shall refuse delivery to the consignee and
shall cause disposal or storage of any prod-
uct refused delivery which has not been ex-
ported by the consignee within three months
from the date of notice of such refusal under
such regulations as the Secretary of the
Treasury may prescribe, except that the Sec-
retary of the Treasury may deliver to the con-
signee such product pending examination

"(3) (A) In the case of a manufacturer or
dealer, the assistance of any person in a
violation of paragraph (2) (A) of this subsec-
tion or the furnishing of information with
respect to a violation of paragraph (2) (A)
of this subsection.

"(B) In the case of a manufacturer, the
sale in, the offering for sale in, or the intro-
duction or delivery for introduction into,
commerce of any new product manufactured
after the effective date of regulations pro-
mulgated under option (1) in section 409 (a)
of this Act (requiring information respecting
noise) which are applicable to such product,
unless it is in conformity with such regula-
tions.

"(4) (A) The removal by any person of any
notice affixed to a product or container pur-
suant to regulations promulgated under sec-
tion 409 (a) of this Act prior to the sale of
the new product to the ultimate purchaser,
or (B) the sale of such product or container
from which such notice has been removed.

"(5) The importation into the United
States by any person of any new product in
violation of regulations promulgated under
section 410 of this Act that are applicable
to such product.

"(6) The failure of any person to comply
with any order issued under section 412(d)
or 414 of this Act.

"(b) (1) The Administrator may after pub-
lic hearings exempt for a specified period of
time not to exceed one year, any new prod-
uct, or class thereof, from paragraphs (1),
(2), (3), and (5) of subsection (a) of this

such relief as he determines is necessary to
protect the public health and welfare. Such
relief may include an order requiring such
person to cease such violation, to notify ulti-
mate purchasers of the risks associated with
such violation, to make public notice of such
risks, to recall any products responsible for
such violation, to repurchase any such prod-
ucts, or to replace any such products. Such
order may also require the seizure of any
such products by the Administrator.

"(2) Any order under this subsection shall
be issued only after notice and opportunity
for a hearing in accordance with section 554
of title 5 of the United States Code.

"(e) When authorized by State law-
"(1) The Administrator may, by agreement
with any environmental noise control agency
with or without reimbursement, authorize
law enforcement officers or other officers or
employees of such environmental noise con-
trol agency to bring civil actions in the ap-
propriate State courts to restrain any per-
son from violating section 411(a).

"(2) The courts of such State may enter-
tain any such civil action.

Nothing in this section shall affect the
authority of an environmental noise control
agency to commence a civil action under sec-
tion 413 of this Act.

"(A) the Administrator of the Environ-
mental Protection Agency where there is al-
leged a failure of such Administrator to per-
form any act or duty under this Act which
is not discretionary with such Administrator.

"(B) the Administrator of the Federal
Aviation Administration where there is al-
leged a failure of such Administrator to per-
form any act or duty under this Act or
section 611 of the Federal Aviation Act of
1958 which is not discretionary with such
Administrator,

The district courts of the United States
shall have jurisdiction, without regard to the
amount in controversy or the citizenship of
the parties, to enforce such noise control
requirement or to order such Administrator
to perform such act or duty, as the case
may be.

"(b) No action may be commenced-
"(1) under subsection (a) (1) of this sec-
tion-

"(A) prior to sixty days after the plain-
tiff has given notice of the violation (i) to
the Administrator of the Environmental
Protection Agency (and to the Federal Avia-
tion Administrator in the case of a violation
of a noise emission control requirement with
respect to aircraft under this Act or section
611 of the Federal Aviation Act as amended)
and (ii) to any alleged violator of such re-
quirement, or

"(B) if an Administrator has commenced
and is diligently prosecuting a civil action
to require compliance with the noise con-
trol requirement, but in any such action
in a court of the United States any person
may intervene as a matter of right; or

“(2) under subsection (a) (2) of this sec-
tion prior to sixty days after the plaintiff
has given notice to the defendant that he
will commence such action.

Notice under this subsection shall be given
in such manner as the Administrator of
the Environmental Protection Agency shall

"(b) The district court in which such ac-
tion is filed shall have jurisdiction to declare
such product a product the noise emissions
from which are an imminent and substan-
tial endangerment to public health, and to
grant (as ancillary to such declaration or
in lieu thereof) such temporary or perma-
nent equitable relief as may be necessary to
protect the public from such risk. Such re-
lief may include a mandatory order re-
quiring the notification of the original pur-
chasers of such product of such risk, public
notice, the recall, the repurchase, the repair,
the replacement, or the seizure of such prod-
uct.

"JUDICIAL REVIEW

"SEC. 415, Any judicial review of final re-
gulations promulgated under this Act shall
be in accordance with sections 701-706 of
title 5 of the United States Code, except
that:

"(a) a petition of review of action the
Administrator in promulgating any stand-
ard or regulation under section 408, 501, 511,
or 521 of this Act or any labeling regulation
under section 409 of this Act may be filed
only in the United States Court of Appeals
for the District of Columbia. Any such peti-
tion shall be filed within ninety days from
the date of such promulgation, or after such
date if such petition is based solely on
grounds arising after such ninetieth day.
Action of the Administrator with respect to
which review could have been obtained
under this subsection shall not be subject
to judicial review in civil proceedings for
enforcement except as to whether the ad-
ministrative and judicial procedures of this
Act have been observed;

"(b) if a party seeking review under this
Act applies to the court for leave to adduce
additional evidence, and shows to the satis-
faction of the court that the information is
material and was not available at the time
of the proceeding before the Administrator,

"(b) For the purpose of obtaining infor-
mation to carry out titles IV and V of this
Act, the Administrator may issue subpenas
for the attendance and testimony of wit-
nesses and the production of relevant papers,
books, and documents, and he may admin-
ister oaths. Witnesses summoned shall be
paid the same fees and mileage that are paid
witnesses in the courts of the United States.
In cases of contumacy or refusal to obey a
subpena served upon any person under this
subsection, the district of the United States
for any district in which such person is
found or resides or transacts business, upon
application by the United States and after
notice to such person, shall have jurisdic-
tion to issue an order requiring such person
to appear and give testimony before the Ad-
ministrator, to appear and produce papers,
books, and documents before the Adminis-
trator, or both, and any failure to obey such
order of the court may be punished by such
court as a contempt thereof.

"(c) Any records, reports, or information
obtained under this section shall be avail-
able to the public, except that upon a shov-
ing satisfactory to the Administrator by any
person that records, reports, or information
or particular part thereof (other than noise
emisison data) to which the Administrator
has access under this section if made public,
would divulge methods or processes entitled
to protection as trade secrets of such per-
son, the Administrator shall consider such
record, report, or information or particular
portion thereof confidential in accordance
with the purposes of section 1905 of title
18 of the United States Code, except that
such record, report, or information may be
disclosed to other officers, employees, or au-
thorized representatives of the United States
concerned with carrying out this Act or when
relevant in any proceeding under this Act.
Nothing in this section shall authorize the
withholding of information by the Admin-
istrator or any officer or employee under his

prescribe by regulation.

"(c) In an action under this section, the
Administrator of the Environmental Protec-
tion Agency or, if appropriate, the Admin-
istrator of the Federal Aviation Administra-
tion, if not a party, may intervene as a mat-
ter of right.

"(d) The court, in issuing any final order
in any action brought pursuant to subsec-
tion (a) of this section, may award costs of
litigation (including reasonable attorney and
expert witness fees) to any party, whenever
the court determines such an award is ap-
propriate.

"(e) Nothing in this section shall restrict
any right which any person (or class of per-
sons) may have under any statute or com-
mon law to seek enforcement of any noise
control requirement or to seek any other
relief (including relief against an Adminis-
trator).

"(f) For purposes of this section, the term
'noise control requirement' means any pro-
hibition, standard, or requirement under
section 408, 411, 501, 503, 508, 511, or 521 of
this Act or a prohibition, standard, rule, or
regulation issued under section 611 of the
Federal Aviation Act of 1958, as amended.
"EMERGENCY SITUATIONS

"SEC. 414. (a) The Administrator or the
Attorney General shall file, in a district
court of the United States having venue
thereof, an action against any product the
noise emissions from which are an imminent
and substantial endangerment to public
health, or against any person who manu-
factures for sale, sells, or offers for sale, in
commerce, or imports into the United States,
such product. Such an action may be filed,
notwithstanding the existence or nonexist-
ence of a noise emission standard applicable
to a product, or the pendency of adminis-
trative proceedings initiated pursuant to
this Act.

the court may order such additional evidence
(and evidence in rebuttal thereof) to be
taken before the Administrator, and to be
adduced upon the hearing, in such manner
and upon such terms and conditions as the
court may deem proper. The Administrator
may modify his findings as to the facts, or
make new findings, by reason of the addi-
tional evidence so taken, and he shall file
with the court such modified or new find-
ings, and his recommendation, if any, for
the modification or setting aside of his ori-
ginal order, with the return of such addi-
tional evidence;

"(c) with respect to relief pending review
of an action by the Administrator, no stay
of an agency action may be granted unless the
reviewing court determines that the party
seeking such stay is (1) likely to prevail on
the merits in the review proceeding and (2)
will suffer irreparable harm pending such
proceeding.

"RECORDS, REPORTS, AND INFORMATION

"SEC. 416. (a) Such manufacturer of a
new product, aircraft, or aircraft engine to
which standards or regulations under sec-
tions 408, 501, 503, 511, or 521 of this Act or
regulations under section 409 apply shall (1)
establish and maintain such records, make
such reports, provide such information, and
make such tests, as the Administrator may
reasonably require to enable him to deter-
mine whether such manufacturer has acted
or is acting in compliance with this Act, (2)
upon request of an officer or employee duly
designated by the Administrator, permit such
officer or employee at reasonable times to
have access to such information and the re-
sults of such tests and to copy such records,
and (3) make new products coming off the
assembly line or otherwise in the hands of
the manufacturer available for testing by the
Administrator, to the extent required by re-
gulations of the Administrator.

control, from the duly authorized committees of the Congress.

"(d) Any communication from a person
to the Administrator or any other employee
of the Agency concerning a matter presently
under consideration in a rulemaking or ad-
judicatory proceeding in the Agency shall
be made a part of the public file of that
proceeding unless it is a communication en-
titled to protection under subsection (c)
of this section.

"(e) Any person who knowingly makes
any false statement, representation, or cer-
tification in any application, record, report,
plan, or other document filed or required
to be maintained under this Act or who
falsifies, tampers with, or knowingly ren-
ders inaccurate any monitoring device or
method required to be maintained under
this Act, shall upon conviction, be punisned
by a fine of not more than $10,000, or by im-
prisonment for not more than six months,
or by both.

"FEDERAL PROCUREMENT

"SEC. 417. (a) No Federal agency may enter
into any contract for the procurement of
goods, materials, or services with any per-
son, who has been convicted of a criminal
offense under section 412(a) of this Act and
who, upon consideration of the gravity of
the violation and the good faith of the per-
son charged in attempting to achieve rapid
compliance, the Administrator determines
should be subject to the prohibition of this
section. The prohibition in the preceding
sentence shall continue until the Admin-
istrator certifies that the condition giving
rise to a conviction has been corrected.

"(b) The Administrator shall establish
procedures to provide all Federal agencies
with the notification necessary for the pur-
poses of subsection (a) of this section.

"(c) In order to implement the purposes
and policy of this Act, the President shall,

[p. S17747]

not more than one hundred and eighty days
after its enactment, cause to be issued an
order (1) requiring each Federal agency
authorized to enter into contracts and each
Federal agency which is empowered to ex-
tend Federal assistance by way of grant loan,
or contract to effectuate the purposes and
policy of this Act in such contracting or
assistance activities, and (2) setting forth
procedures, sanctions, penalties, and such
other provisions, as the President determines
necessary to carry out such requirement.

"(d) The President may exempt any con-
tract, loan, or grant from all or part of the
provisions of this section where he deter-
mines such exemption is necessary in the
paramount interest of the United States, and
he shall notify the Congress of such exemp-
tion.
"GRANTS FOR SUPPORT OF ENVIRONMENTAL

NOISE PLANNING AND CONTROL PROGRAMS

"SEC. 418. (a) (1) The Administrator may
make grants to environmental noise control
agencies in an amount up to two-thirds of
the cost of planning, developing, establish-
ing, or improving, and up to one-half of the
cost of maintaining programs for the preven-
tion and control of environmental noise.

"(2) Before approving any grant under
this subsection to any environmental noise
control agency within the meaning of sec-
tions 404 (k) (3) and 404 (k) (4) of this Act,
the Administrator (when appropriate) shall
receive assurances that such agency provides
for adequate representation of State, inter-
state, local, and international interests in
its area of jurisdiction. Before approving any
grant under this subsection the Administra-
tor shall determine that the recipient is the
appropriate environmental noise control
agency for the jurisdictions involved in order
to minimize overlap and duplication of ef-
fort.

"(3) Before approving any planning grant
under this subsection to any environmental
noise control agency within the meaning of

sideration to (1) the population, (2) the
extent of the actual or potential environ-
mental noise problem, and (3) the financial
need of the respective agencies. No agency
shall receive any grant under this section
with respect to the maintenance of a pro-
gram for the prevention and control of en-
vironmental noise unless the Administrator
is satisfied that such grant will be so used
as to supplement and, to the extent practi-
cable, increase the level of State, local, or
other non-Federal funds that would be in
absence of such grant be made available for
the maintenance of such program, and will
in no event supplant such State, local, or
other non-Federal funds. No grant shall be
made under this section until the Adminis-
trator has consulted with the appropriate
official as designated by the Governor or
Governors of the State or States affected.

“(c) Not more than 10 per centum of the
total funds appropriated or allocated for the
purposes of subsection (a) of this section
shall be granted for environmental noise
control programs in any one State. In the
case of a grant for a program in an area
crossing State boundaries, the Administra-
tor shall determine the portion of such grant
that is chargeable to the percentage limita-
tion under this subsection for each State
into which such area extends.

"(d) The Administrator, with the con-
currence of any recipient of a grant under
this section, may reduce the payments to
such recipient by the amount of the pay,
allowances, traveling expenses, and any other
costs in connection with the detail of any
officer or employee to the recipient under
section 403 (c) of this Act, when such detail
is for the convenience of, and at the request
of, such recipient and for the purposes of
carrying out the provisions of this Act. The
amount by which such payments have been
reduced shall be available for payment of
such costs by the Administrator, but shall,
for the purpose of determining the amount

"(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 Fed-
eral Government.

"(3) The Administrator may establish a
Low-Noise-Emission Product Advisory Com-
mittee to assist him in determining which
products qualify as low-noise-emission prod-
ucts for purposes of this section. The Com-
mittee shall include the Administrator or
his designee, a representative of the Na-
tional Bureau of Standards, and representa-
tives of such other Federal agencies and pri-
vate individuals as the Administrator may
deem necessary from time to time. Any mem-
ber 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 Com-
mittee. 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, United States Code,
for persons in the Government service em-
ployed 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 ap-
plication in accordance with regulations pre-
scribed by the Administrator.

"(B) The Administrator shall publish in
the Federal Register a notice of each ap-
plication received.

"(C) The Administrator shall make deter-
minations for the purpose of this section in
accordance with procedures prescribed by
him by regulation.

"(D) The Administrator shall conduct
whatever investigation is necessary, includ-
ing actual inspection of the product at a
place designated in regulations prescribed