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[86 STAT.

tions), including claims for damages arising under training contracts with carriers, and repayment of amounts determined by the Secretary concerned, or officers designated by him, to have been erroneously collected from military and civilian personnel of the Department of Defense, or from States, territories, or the District of Columbia, or members of National Guard units thereof; $45,000,000. CONTINGENCIES, DEFENSE

^ Report to ongress.

For emergencies and extraordinary expenses arising in the Department of Defense, to be expended on the approval or authority of the Secretary of Defense and such expenses may be accounted for solely on his certificate that the expenditures were necessary for confidential military purposes; $5,000,000: Provided, That a report of disbursements under this item of appropriation shall be made quarterly to Congress. COURT OF MILITART APPEALS, DEFENSE

For salaries and expenses necessary for the United States Court of Military Appeals; $914,000. TITLE IV -. '

'

PKOCUREMENT AIRCRAFT PROCUREMENT, A R M Y

^

I

For construction, procurement, production, modification, and modernization of aircraft, equipment, including ordnance, ground handling equipment, spare parts, and acce^ories therefor; specialized equipment and training devices; expansion of public and private plants, including the land necessary therefor, without regard to section 70A Stat. 269; 4774, title 10, United States Code, for the foregoing purposes, and such 85 Itat! 408'. lands and interests therein, may be acquired, and construction prosecuted thereon prior to approval of title as required by section 355, 40 USC 255. Revised Statutes, as amended; and procurement and installation of equipment, appliances, and machine tools in public and private plants; and other expenses necessary for the foregoing purposes; $33,500,000, and in addition, $95,000,000, of which $10,000,000 shall be derived by transfer from "Aircraft Procurement, Army, 1972/1974", and $85,000,000 which shall be derived by transfer from "Procurement of Equipment and Missiles, Army, 1971/1973", to remain available for obligationuntilJune30, 1975. - .. i. MISSILE PROCUREMENT, A R M Y

For construction, procurement, production, modification, and modernization of missiles, equipment, including ordnance, ground handling equipment, spare parts and accessories Sieref or; specialized equipment and training devices; expansion of public and private plants, including the land necessary therefor, without regard to section 4774, title 10, United States Code, for the foregoing purposes, and such lands and interests therein, may be acquired, and construction prosecuted thereon prior to approval of title as required by section 355, Revised Statutes, as amended; and procurement and installation of equipment, appliances, and machine tools in public and private plants; and other expenses necessary for the foregoing purposes; $668,200,000, and in addition, $36,500,000 which shall be derived by transfer from "Missile Procurement, Army, 1972/1974", to remain available for obligation until June 30, 1975.

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1191

PROCUREMENT OF WEAPONS AND TRACKED COMBAT VEHICLES, ARMY

For construction, procurement, production, and modification of weapons and tracked combat vehicles, equipment, including ordnance, spare parts and accessories therefor; specialized equipment; training devices; expansion of public and private plants, including the land necessary therefor; without regard to section 4774, title 10, United 83^staf.*3V2^^^' States Code, for the foregoing purposes, and such lands and interest as Stat.' 408.' therein, may be acquired, and construction prosecuted thereon prior to approval of title as required by section 355, Revised Statutes, as amended; and procurement and installation of equipment, appliances, ^o use 255. and machine tools in public and private plants; and other expenses necessary for the foregoing purposes; $186,800,000, and in addition, $56,000,000, of which $35,000,000 shall be derived by transfer from "Procurement of Equipment and Missiles, Army, 1971/1973", and $21,000,000 which shall be derived by transfer from "Procurement of Weapons and Tracked Combat Vehicles, Army, 1972/1974", to remain available for obligation until June 30, 1975. PROCUREMENT or AMMUNITION, ARMY

For construction, procurement, production, and modification of ammunition, and accessories therefor; specialized equipment and training devices; expansion of public and private plants, including the land necessary therefor, without regard to section 4774, title 10, United States Code, for the foregoing purposes, and such lands and interest therein, may be acquired, and construction prosecuted thereon prior to approval of title as required by section 355, Revised Statutes, as amended; and procurement and installation of equipment, appliances, and machine tools in public and private plants; and other expenses necessary for the foregoing purposes; $1,262,800,000, and in addition, $56,000,000 of which $31,000,000 shall be derived by transfer from "Procurement of Ammunition, Army, 1972/1974", and $25,000,000 which shall be derived by transfer from the Army Industrial Fund, to remain available for obligation until June 30, 1975. OTHER PROCUREMENT, A R M Y

For construction, procurement, production, and modification of vehicles, including tactical, support, and nontracked combat vehicles; the purchase of not to exceed four thousand sixty-one passenger motor vehicles (including twenty-one medium sedans at not to exceed $3,000 each) for replacement only; communications and electronic equipment; other support equipment; spare parts, ordnance and accessories therefor; specialized equipment and training devices; expansion of public and private plants, including the land necessary therefor, without regard to section 4774, title 10, United States Code, for the foregoing purposes, and such lands and interest therein, may be acquired, and construction prosecuted thereon prior to approval of title as required by section 355, Revised Statutes, as amended; and procurement and installation of equipment, appliances, and machine tools in public and private plants; and other expenses necessary for the foregoing purposes; $592,700,000, and in addition, $37,500,000 which shall be derived by transfer from "Other Procurement, Army, 1972/1974", to remain available for obligation until June 30, 1975. PROCUREMENT or AXRCRAFT AND MISSILES, NAVY

For construction, procurement, production, modification, and modernization of aircraft, missiles, equipment, including ordnance, 82-081 O - 73 - 78

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.

40 USC 255.

PUBLIC LAW 92-570-OCT. 26, 1972

[86 STAT.

spare parts, and accessories therefor; specializied equipment; expansion of public and private plants, including the land necessary therefor, and such lands and interests therein, may be acquired, and construction prosecuted thereon prior to approval of title as required by section 355, Revised Statutes, as amended; and procurement and installation of equipment, appliances, and machine tools in public or private plants; $3,541,340,000, and in addition, $155,000,000, of which $74,000,000 shall be derived by transfer from the Navy Stock Fund, $20,000,000 which shall be derived by transfer from "Procurement of Aircraft and Missiles, Navy, 1972/1974", and $61,000,000 which shall be derived by transfer from "Procurement of Aircraft and Missiles, Navy, 1971/1973", to remain available for obligation until June 30, 1975. SHIPBUILDIXG AND CONVERSION, NAVY

For expenses necessary for the construction, acquisition, or conversion of vessels as authorized by law, including armor and armament thereof, plant equipment, appliances, and machine tools and installation thereof in public or private plants; procurement of critical, long leadtime components and designs for vessels to be constructed or converted in the future; and expansion of public and private plants, including land necessary therefor, and such lands and interests therein, may be acquired, and construction prosecuted thereon prior to approval of title as required by section 355, Revised Statutes, as amended; $2,970,600,000, of which $311,000,000 shall be available only for the Trident program and $1,039,000,000 shall be available only for the SSN-688 class submarine program, to remain available for obligation until June 30, 1977: Provided, That none of the funds herein provided for the construction or conversion of any naval vessel to be constructed in shipyards in the United States shall be expended in foreign shipyards for the construction of major components of the hull or superstructure of such vessel: Provided further, That none of the funds herein provided shall be used for the construction of any naval vessel in foreign shipyards. OTHER PROCUREMENT, NAVY

For procurement, production, and modernization of support equipment and materials not otherwise provided for. Navy ordnance and ammunition (except ordnance for new aircraft, new ships, and ships authorized for conversion), purchase of not to exceed eight hundred and seventy passenger motor vehicles (including five medium sedans at not to exceed $3,000 each) for replacement only; alteration of vessels and necessary design therefor, expansion of public and private plants, including the land necessary therefor, and such lands and interests therein, may be acquired, and construction prosecuted thereon prior to approval of title as requirfed by section 355, Revised Statutes, as amended; and procurement and installation of equipment, appliances, and machine tools in public or private plants; $2,310,900,000, of which $23,500,000 shall be available only for the Trident program, and in addition, $90,000,000, of which $40,000,000 shall be derived by transfer from "Other Procurement, Navy, 1972/1974", and $50,000,000 which shall be derived by transfer from "Other Procurement, Navy, 1971/1973", to remain available for obligation until June 30, 1975. PROCUREMENT, MARINE CORPS

For expenses necessary for the procurement, manufacture, and modification of missiles, armament, ammunition, military equipment,

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1193

spare parts, and accessories therefor; plant equipment^ appliances, and machine tools, and installation thereof in public or private plants, and vehicles for the Marine Corps, including purchase of not to exceed two hundred and fourteen passenger motor vehicles, for replacement only; $162,400,000, and in addition, $21,000,000, of which $5,000,000 shall be derived by transfer from "Procurement, Marine Corps, 1972/1974", and $16,000,000 which shall be derived by transfer from '"Procurement, Marine Corps, 1971/1973", to remain available for obligation until June 30, 1975. AIRCRAFT PROCUREMENT, A I R FORCE

For construction, procurement, and modification of aircraft and equipment, including armor and armament, specialized ground handling equipment, and training devices, spare parts, and accessories . * therefor; specialized equipment; expansion of public and private plants, Government-owned equipment and installation thereof in such plants, erection of structures, and acquisition of land without regard to section 9774 of title 10, United States Code, for the foregoing 7OA Stat. ssot purposes, and such lands and interests therein, may be acquired, and 95 stat! 408! construction prosecuted thereon prior to the approval of title as required by section 355, Revised Statutes, as amended; reserve plant 40 USC 255. and equipment layaway; and other expenses necessary for the foregoing purposes, including rents and transportation of things; $2,239,300,000, and in addition, $443,000,000, of which $135,000,000 shall be derived by transfer from "Aircraft Procurement, Air Force, 1971/1973", $115,000,000 which shall be derived by transfer from the Air Force Stock Fund, $35,000,000 which shall be derived by transfer from the Defense Stock Fund, $118,000,000 which shall be derived by transfer from the Army Stock Fund, and $40,000,000 which shall be derived by transfer from "Aircraft Procurement, Air Force, 1972/1974", to remain available for obligation until June 30, 1975. MISSILE PROCUREMENT, A I R FORCE

For construction, procurement, and modification of missiles, rockets, and related equipment, including spare parts and accessories therefot, ground handling equipment, ana training devices; expansion of public and private plants. Government-owned equipment and installation thereof in such plants, erection of structures, and acquisition of land without regard to section 9774 of title 10, United States Code, for the foregoing purposes, and such lands and interests therein, may be acquired, and construction prosecuted thereon prior to the approval of title as required by section 355, Revised Statutes, as amended; reserve plant and equipment layaway; and other expenses necessary for the foregoing purposes, including rents and transportation of things; $1,670,000,000, and in addition, $35,000,000, of which $4,000,000 shall be derived by transfer from "Missile Procurement, Air Force, 1972/1974", and $31,000,000 which shall be derived by transfer from "Missile Procurement, Air Force, 1971/1973", to remain available for obligation until June 30, 1975. OTHER PROCUREMENT, A I R FORCE

For procurement and modification of equipment (including ground guidance and electronic control equipment, and ground electronic and communication equipment), and supplies, materials, and spare parts therefor, not otherwise provided for; the purchase of not to exceed one thousand four hundred and twenty-seven passenger motor vehicles (including six medium sedans not to exceed $3,^00 each) of which one

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70A Stat, 590; 85 Stat 408! 40 USC 255.

[86 STAT.

thousand four hundred and twenty-five shall be for replacement only; and expansion of public and private plants, (jrovernment-owned equipment and installation thereof in such plants, erection of structures, and acquisition of land without regard to section 9774 of title 10, United States Code, for the foregoing purposes, and such lands and interests therein may be acc[uired, and construction prosecuted thereon prior to the approval of title as required by section 355, Revised Statutes, as amended; $2,099,300,000, and in addition, $23,200,000 which shall be derived by transfer from "Other Procurement, Air Force, 1972/1974", to remain available for obligation until June 30, 1975. PROCUREMENT, DEFENSE AGENCIES

For expenses of activities and agencies of the Department of Defense (other than the military departments and the Civil Defense Preparedness Agency) necessary for procurement, production, and modification of equipment, supplies, materials, and spare parts therefor, not otherwise provided for; purchase of one hundred passenger motor vehicles (including two medium sedans at not to exceed $3,000 each) for replacement only; expansion of public and private plants, equipment and installation thereof in such plants, erection of structures, and acquisition of land for the foregoing purposes, and such lands and interests therein, may be acquired, and construction prosecuted thereon prior to the approval of title as required by section 355, Revised Statutes, as amended; $62,030,000, and in addition, $7,700,000, of which $2,700,000 shall be derived by transfer from the Defense Stock Fund, $2,300,000 which shall be derived by transfer from "Procurement Defense Agencies, 1971/1973", and $2,700,000 which shall be derived by transfer from "Procurement, Defense Agencies, 1972/1974", to remain available for obligation until June 30, 1975.

'.

TITLE V R E S E A R C H, DEVELOPMENT, T E S T, AND E V A L U A T I O N RESEARCH, DEVELOPMENT, TEST, AND EVALUATION, ARMY

For expenses necessary for basic and applied scientific research, development, test, and evaluation, including maintenance, rehabilitation, lease, and operation of facilities and equipment, as authorized by law; $1,829,032,000, and in addition, $60,000,000 to be derived by transfer from the appropriation "Research, Development, Test, and Evaluation, Army, 1972/1973", to remain available for obligation until June 30, 1974. RESEARCH, DEVELOPMENT, TEST, AND EVALUATION, NAVY

^

For expenses necessary for basic and applied scientific research, development, test, and evaluation, including maintenance, rehabilitation, lease, and operation of facilities and equipment, as authorized by law; $2,545,213,000, of which $470,400,000 shall be available only for the Trident program, to remain available for obligation until June 30, 1974. ^._ ^.^ ^ RESEARCH, DEVELOPMENT, TEST, AND EVALUATION, A I R FORCE

For expenses necessary for basic and applied scientific research, development, test, and evaluation, including maintenance, rehabilitation, lease, and operation of facilities and equipment, as authorized by law; $3,122,940,000, to remain available for obligation until June 30, 1974.

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1195

PUBLIC LAW 92-570-OCT. 26, 1972

RESEARCH, DEVELOPMENT, TEST, AND EVALUATION, DEFENSE AGENCIES

For expenses of activities and agencies of the Department of Defense (other than the military departments and the Civil Defense Pi-eparedness Agency), necessary for basic and applied scientific research, development, test, and evaluation; advanced research projects as may be designated and determined by the Secretary of Defense, pursuant to law; maintenance, rehabilitation, lease, and operation of facilities and equipment, as authorized by law; $435,313,000, to remain available for obligation until June 30, 1974: Provided, That such amounts as may be determined by the Secretary of Defense to have been made available in other appropriations available to the Department of Defense during the current fiscal year for programs related to advanced research may be transferred to and merged with this appropriation to be available for the same purposes and time period: Provided further, That such amounts of this appropriation as may be determined by the Secretary of Defense may be transferred to carry out the purposes of advanced research to those appropriations for military functions under the Department of Defense which are being utilized for related programs, to be merged with and to be available for the same time period as the appropriation to which transferred.

Transfer of funds.

DIRECTOR OF TEST AND EVALUATION, DEFENSE

For expenses, not otherwise provided for, of independent activities of the Director of Defense Test and Evaluation in the direction and supervision of test and evaluation, including initial operational testing and evaluation; and performance of joint testing and evaluation; and administrative expenses in connection therewith, $27,000,000, to remain available for obligation until June 30, 1974. TITLE VI

•

SPEC^IAL FOREIGN CURRENCY PROGRAM

For payment in foreign currencies which the Treasury Department determines to be excess to the normal requirements of the United States for expenses of carrying out programs of the Department of Defense, as authorized by law, $3,400,000, to remain available for obligation until June 30, 1975: Provided, That this appropriation shall be available, in addition to other appropriations to such Department, for payments in the foregoing curi-encies. TITLE VII - i

•'

'

GENERAL PROVISIONS

SEC. 701. No part of any appropriation contained in this Act shall be used for publicity or propaganda purposes not authorized by the Congress. SEC. 702. During the current fiscal year, the Secretary of Defense and the Secretaries of the Army, Navy, and Air Force, respectively, if they should deem it advantageous to the national defense, and if ill their opinions the existing facilities of the Department of Defense are inadequate, are authorized to procure services in accordance with section 3109 of title 5, United States Code, under regulations prescribed by the Secretary of Defense, and to pay in connection therewith travel expenses of individuals, including actual transportation and per diem in lieu of subsistence while traveling from their homes or places of business to official duty station and return as may be author-

Publicity or propaganda. Experts or consultants.

80 Stat. 416.

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 1196 Employment of noncitizens.

Appropriations, availability.

Prisoners of war.

Land acquisition. 85 Stat. 411; 72 Stat. 1460; 84 Stat. 1224. Dependents' schooling.

70A Stat. 442.

Occupied areas. Rewards. Deficiency judgments. Leasing.

56 Stat. 654. Tools, maintenance. Access roads.

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[86 STAT.

ized by law: Piookled^ That such contracts maj[ be renewed annually. SEC. 703. During the current Jfiscal year, provisions of law prohibiting the payment of compensation to, or employment of, any person not a citizen of the United States shall not apply to personnel of the Department of Defense. SEC. 704. Appropriations contained in this Act shall be available for insurance of official motor vehicles in foreign countries, when required by laws of such countries; payments in advance of expenses determined by the investigating officer to be necessary and in accord with local custom for conducting investigations in foreign countries incident to matters relating to the activities of the department concerned; reimbursement of General Services Administration for security guard services for protection of confidential files; reimbursement of the Federal Bureau of Investigation for expenses in connection with investigation of defense contractor personnel; and all necessary expenses, at the seat of government of the United States of America or elsewhere, in connection with communication and other services and supplies as may be necessary to carry out the purposes of this Act. SEC. 705. Any appropriation available to the Army, Navy, or the Air Force may, under such regulations as the Secretary concerned may prescribe, be used for expenses incident to the maintenance, pay, and allowances of prisoners of war, other persons in Army, Navy, or Air Force custody whose status is determined by the Secretary concerned to be similar to prisoners of war, and persons detained in such custody pursuant to Presidential proclamation. SEC. 706. Appropriations available to the Department of Defense for the current fiscal year for maintenance or construction shall be available for acquisition of land or interest therein as authorized by section 2672 or 2675 of title 10, United States Code. SEC. 707. Appropriations for the Department of Defense for the current fiscal year shall be available, (a) except as authorized by the Act of September 30, 1950 (20 U.S.C. 236-244), for primary and secondary schooling for minor dependents of military and civilian personnel of the Department of Defense residing on military or naval installations or stationed in foreign countries, as authorized for the Navy by section 7204 of title 10, United States Code, in amount not exceeding $174,450,000, when the Secretary of the Department concerned finds that schools, if any, available in the locality, are unable to provide adequately for the education of such dependents: Provided, That under such regulations as may be issued by the Secretary of Defense, such schooling in a school operated by the Department of Defense under this section may be provided without tuition for minor dependents of civilian and military personnel of the Department of Defense who died while entitled to compensation or active duty p a y: Provided fwrther., That where such personnel die subsequent to January 11, 1971, such schooling must be continued or commenced within one year after the date of death; (b) for expenses in connection with administration of occupied areas; (c) for payment of rewards as authorized for the Navy by section 7209(a) of title 10, United States Code, for information leading to the discovery of missing naval property or the recovery thereof; (d) for payment of deficiency judgments and interests thereon arising out of condemnation proceedings; (e) for leasing of buildings and facilities including payment of rentals for special purpose space at the seat of Government, and in the conduct of field exercises and maneuvers or, in administering the provisions of 43 United States Code 315q, rentals may be paid in advance; (f) payments under contracts for maintenance of tools and facilities for twelve months beginning at any time during the fiscal year; (g) maintenance of defense access roads certified as important to national

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defense in accordance with section 210 of title 23, United States Code; (h) for the purchase of milk for enlisted personnel of the Department of Defense heretofore made available pursuant to section 1446a, title 7, United States Code, and the cost of milk so purchased, as determined by the Secretary of Defense, shall be included in the value of the commuted ration; (i) transporting civilian clothing to the home of record of selective service inductees and recruits on entering the military services; (j) payments under leases for real or personal property for twelve months beginning at any time during the fiscal year; (k) pay and allowances of not to exceed nine persons, including personnel detailed to International Military Headquarters and Organizations, at rates provided for under section 625(d)(1) of the Foreign Assistance Act of 1061, as amended. SEC. 708. Appropriations for the Department of Defense for the current fiscal year shall be available for: (a) donations of not to exceed $25 to each prisoner upon each release from confinement in military on contract prison and to each person discharged for fraudulent enlistment; (b) authorized issues of articles to prisoners, applicants for enlistment and persons in military custody; (c) subsistence of selective service registrants called for induction, applicants for enlistment, prisoners, civilian employees as authorized by law, and supernumeraries when necessitated by emergent military circumstances; (d) reimbursement for subsistence of enlisted personnel while sick in hospitals; (e) expenses of prisoners confined in nonmilitary facilities; (f) military courts, boards, and commissions; (g) utility services for buildings erected at private cost, as authorized by law, and buildings on military reservations authorized by regulations to be used for welfare and recreational purposes; (h) exchange fees, and losses in the accounts of disbursing officers or agents in accordancp with law; (i) expenses of Latin American cooperation as authorized for the Navy by law (10 U.S.C. 7208); and (j) expenses of apprehension and delivery of deserters, prisoners, and members absent without leave, including payment of rewards of not to exceed $25 in any one case. SEC. 709. Insofar as practicable, the Secretary of Defense shall assist American small business to participate equitably in the furnishing of commodities and services financed with funds appropriated under this Act by making available or causing to be made available to suppliers in the United States, and particularly to small independent enterprises, information, as far in advance as possible, with respect to purchases proposed to be financed with funds appropriated under this Act, and by making available or causing to be made available to purchasing and contracting agencies of the Department of Defense information as to commodities and services produced and furnished by small independent enterprises in the United States, and by otherwise helping to give small business an opportunity to participate in the furnishing of commodities and services financed with funds appropriated by this Act. SEC. 710. No appropriation contained in this Act shall be available for expenses of operation of messes (other than organized messes the operating expenses of which are financed principally from nonappropriated funds) at which meals are sold to officers or civilians, except under regulations approved by the Secretary of Defense, which shall (except under unusual or extraordinary circumstances) establish rates for such meals sufficient to provide reimbursements of operating expenses and food costs to the appropriations concerned: Provided., That officers and civilians in a travel status receiving a per diem allowance in lieu of subsistence shall be charged at the rate of not less than $2.50 per d a y: Provided further., That for the purposes of this section

1197 72 Stat. 908; 75 Stat. 123. Milk program. 68 Stat. 900; 84 Stat. 1361.

75 Stat. 449. 22 USC 2385. Incidental exp e n s e s, payment.

70A Stat. 4 4 3.

Small b u s i n e s s assistance.

Mess operations.

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F i s c a l year limitation. Reimbursable appropriations.

70A Stat. 149. Report to Congress.

Funds, apportionment; exemption.

31 USC 665. Airborne alert expenses.

Military personnel i n c r e a s e s, expenses.

Report to Congress.

Commissary stores.

PUBLIC LAW 92-570-OCT. 26, 1972

[86

STAT.

payments for meals at the rates established hereunder may be made in cash or by deduction from the pay of civilian employees: Provided further, That members of organized nonprofit youth groups sponsored at either the national or local level, when extended the privilege of visiting a military installation and permitted to eat in the general mess by the commanding officer of the installation, shall pay the commuted ration cost of such meal or meals. SEC. 711. No part of any appropriation contained in this Act shall remain available for obligation beyond the current fiscal year unless expressly so provided herein. SEC. 712. Appropriations of the Department of Defense available for operation and maintenance may be reimbursed during the current fiscal year for all expenses involved in the preparation for disposal and for the disposal of military supplies, equipment, and materiel, and for all expenses of production of lumber or timber products pursuant to section 2665 of title 10, United States Code, from amounts received as proceeds from the sale of any such property: Provided, That a report of receipts and disbursements under this limitation shall be made quarterly to Congress: Provided further, That no funds available to agencies of the Department of Defense shall be used for the operation, acquisition, or construction of new facilities or equipment for new facilities in the continental limits of the United States for metal scrap baling or shearing or for melting or sweating aluminum scrap unless the Secretary of Defense or an Assistant Secretary of Defense designated by him determines, with respect to each facility involved, that the operation of such facility is in the national interest. SEC. 713. (a) During the current fiscal year, the President may exempt appropriations, funds, and contract authorizations, available for military functions under the Department of Defense, from the provisions of subsection (c) of section 3679 of the Revised Statutes, as amended, whenever he deems such action to be necessary in the interest of national defense. (b) Upon determination by the President that such action is necessary, the Secretary of Defense is authorized to provide for the cost of an airborne alert as an excepted expense in accordance with the provisions of Revised Statutes 3732 (41 U.S.C. 11). (c) Upon determination by the President that it is necessary to increase the number of military personnel on active duty subject to existing laws beyond the number for which funds are provided in this Act, the Secretary of Defense is authorized to provide for the cost of such increased military personnel, as an excepted expense in accordance with the provisions of Revised Statutes 3732 (41 U.S.C. (d) The Secretary of Defense shall immediately advise Congress of the exercise of any authority granted in this section, and shall report monthly on the estimated obligations incurred pursuant to subsections (b) and (c). SEC. 714. No appropriation contained in this Act shall be available in connection with the operation of commissary stores of the agencies of the Department of Defense for the cost of purchase (including commercial transportation in the United States to the place of sale but excluding all transportation outside the United States) and maintenance of operating equipment and supplies, and for the actual or estimated cost of utilities as may be furnished by the Government and of shrinkage, spoilage, and pilferage of merchandise under the control of such commissary stores, except as authorized under regulations promulgated by the Secretaries of the military departments concerned, with the approval of the Secretary of Defense, which regulations shall provide for reimbursement therefor to the appropriations

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concerned and, notwithstanding any other provision of law, shall provide for the adjustment of the sales prices in such commissary stores to the extent necessary to furnish sufficient gross revenue from sales of commissary stores to make such reimbursement: Provided, Free utilities outside U.S. That under such regulations as may be issued pursuant to this section in Alaska. and all utilities may be furnished without cost to the commissary stores outside the continental United States and in Alaska: Provided further, That no appropriation contained in this Act shall be available in connection with the operation of commissary stores within the continental United States unless the Secretary of Defense has certified that items normally procured from commissary stores are not otherwise available at a reasonable distance and a reasonable price in satisfactory quality and quantity to the military and civilian employees of the Department of Defense. Proficiency SEC. 715. No part of the appropriations in this Act shall be available flying. for any expense of operating aircraft under the jurisdiction of the armed forces for the purpose of proficiency flying, as defined in Department of Defense Directive 1340.4, except in accordance with regulations prescribed by the Secretary of Defense. Such regulations (1) may not require such flying except that required to maintain pronciency in anticipation of a member's assignment to combat operations and (2) such flying may not be permitted in cases of members who have been assigned to a course of instruction of ninety days or more. When any rated member is assigned to duties, the performance of which does not require the maintenance of basic flying skills, all such members, while so assigned, except, after May 31, 1973, those of the rank of colonel or equivalent or above (0-6) in noncombat assignments, are entitled to flight pay prescribed under section 301 of title 37, United States Code, if otherwise entitled to flight pay at the time of 76 Stat. 4 6 1. such assignment. SEC. 716. No part of any appropriation contained in this Act shall Household be available for expense of transportation, packing, crating, temporary goods. storage, drayage, and unpacking of household goods and personal effects in any one shipment having a net weight in excess of thirteen thousand five hundred pounds. Vesse SEC. 717. Ve^els under the jurisdiction of the Department of Com- transfer.l s, merce, the Department of the Army, Department of the Air Force, or the Department of the Navy may be transferred or otherwise made available without reimbursement to any such agencies upon the request of the head of one agency and the approval of the agency having jurisdiction of the vessels concerned. SEC. 718. None of the funds provided in this Act shall be available Legal training for training in any legal profession nor for the payment of tuition for restriction. training in such profession: Provided, That this limitation shall not apply to the off-duty training of military personnel as prescribed by section 722 of this Act. SEC. 719. Not more than 20 per centum of the appropriations in this Obligated Act which are limited for obligation during the current fiscal year funds, 1973, limitation. shall be obligated during the last two months of the fiscal year: Provided, That this section shall not apply to obligations for support of active duty training of civilian components or summer-camp training of the Reserve Officers' Training Corps. Foreign SEC. 720. During the current fis<^ year the agencies of the Depart- property, ureal se. ment of Defense ma^ accept the use of real property from foreign countries for the United Ste-tes in accordance with mutual defense agreements or occupational arrangements and may accept services furnished by foreign countries as reciprocal international courtesies or as services customarily made available without charge; and such agencies may use the same for the support of the United States forces m such areas without specific appropriation therefor.

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Report to Congress and Office of Management and Budget.

Research and development funds. 70A Stat. 134.

Education e x p e n s e s, restriction.

ROTC, loyalty requirements.

Procurement restrictions-

Service facilities.

PUBLIC LAW 92-570-OCT. 26, 1972

[86

STAT.

In addition to the foregoing, agencies of the Department of Defense may accept real property, services, and commodities from foreign countries for the use of the United States in accordance with mutual defense agreements or occupational arrangements and such agencies may use the same for the support of the United States forces in such areas, without specific appropriations therefor: Provided, That the foregoing authority shall not be available for the conversion of heating plants from coal to oil at defense facilities in Europe: Provided further, That within thirty days after the end of each quarter the Secretary of Defense shall render to Congress and to the Office of Management and Budget a full report of such property, supplies, and commodities received during such quarter. SEC. 721. During the current fiscal year, appropriations available to the Department of Defense for research and development may be used for the purposes of section 2353 of title 10, United States Code, and for purposes related to research and development for which expenditures are specifically authorized in other appropriations of the service concerned. SEC. 722. No appropriation contained in this Act shall be available for the payment of more than 75 per centum of charges of educational institutions for tuition or expenses for off-duty training of military personnel, nor for the payment of any part of tuition or expenses for such training for commissioned personnel who do not agree to remain on active duty for two years after completion of such training. SEC. 723. No part of the funds appropriated herein shall be expended for the support of any formally enrolled student in basic courses of the senior division. Reserve Officers' Training Corps, who has not executed a certificate of loyalty or loyalty oath m such form as shall be prescribed by the Secretary of Defense. SEC. 724. No part of any appropriation contained in this Act shall be available for the procurement of any article of food, clothing, cotton, woyen silk or woven silk blends, spun silk yarn for cartridge cloth, synthetic fabric or coated fabric, wool (whether in the form of fiber or yarn or contained in fabrics, materials, or manufactured articles), or specialty metals not grown, reprocessed, reused, or produced in the United States or its possessions, except to the extent that the Secretary of the Department concerned shall determine that a satisfactory quality and sufficient quantity of any articles of food or clothing or any form of cotton, woven silk and woven silk blends, spun silk yarn for cartridge cloth, synthetic fabric or coated synthetic fabric, wool grown, reprocessed, reused, or produced in the United States or its possessions, or specialty metals cannot be procured as and when needed at United States market prices and except procurements outside the United States in support of combat operations, procurements by vessels in foreign waters, and emergency procurements or procurements of perishable foods by establishments located outside the United States for the personnel attached thereto: Provided, That nothing herein shall preclude the procurement of foods manufactured or processed in the United States or its possessions: Provided further, That no funds herein appropriated shall be used for the payment of a price differential on contracts hereafter made for the purpose of relieving economic dislocations: Provided further, That none of the funds appropriated in this Act shall be used except that, so far as practicable, all contracts shall be awarded on a formally advertised competitive bid basis to the lowest responsible bidder. SEC. 725. None of the funds appropriated in this Act shall be used for the construction, replacement, or reactivation of any bakery, laundry, or drycleaning facility in the United States, its territories or possessions, as to which the Secretary of Defense does not certify in

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Page:United States Statutes at Large Volume 86.djvu/1243

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PUBLIC LAW 92-570-OCT. 26, 1972

1201

writing, giving his reasons therefor, that the services to be furnished by such facilities are not obtainable from commercial sources at reasonable rates. SEC. 726. During the current fiscal year, appropriations of the Airman Department of Defense shall be available for reimbursement to the '^^^'"^'"'•^e'ne"*United States Postal Service for payment of costs of commercial air transportation of military mail between the United States and foreign countries. SEC, 727. Appropriations contained in this Act shall be available Furnishings for the purchase of household furnishing^, and automobiles from pufchale""*''^*^' military and civilian personnel on duty outside the continental United States, for the purpose of resale at cost to incoming personnel, and for providing furnishings, without charge, in other than public quarters occupied by military or civilian personnel of the Department of Defense on duty outside the continental United States or in Alaska, upon a determination, under regulations approved by the Secretary of Defense, that such action is advantageous to the Government. SEC. 728. During the current fiscal year, appropriations available to uniforms. the Department of Defense for pay of civilian employees shall be available for uniforms, or allowances therefor, as authorized by law (5 U.S.C. 5901; 80 Stat. 508). " 8i Stat. 206. SEC. 729. During the current fiscal year, the Secretary of Defense Ammunition, shall, upon requisition of the National Board for the Promotion of *'""* ^ Rifle Practice, and without reimbursement, transfer from agencies of the Department of Defense to the Board ammunition from stock or which has been procured for the purpose in such amounts as he may determine. Such appropriations of the Department of Defense available for penseT^ ^ obligation during the current fiscal year as may be designated by the Secretary of Defense shall be available for the travel expenses of military and naval personnel, including the Reserve components, and members of the Reserve Officers' Training Corps attending regional, national, or international rifle matches. SEC. 780. Funds provided in this Act for congressional liaison activi- iia^°on'^actj^-^^ ties of the Department of the Army, the Department of the Navy, the ties. Department of the Air Force, and the Office of the Secretary o i Defense shall not exceed $1,150,000: Provided, That this amount shall be available for apportionment to the Department of the Army, the Denartment of the Navy, the Department of the Air Force, and the Office of the Secretary of Defense as determined by the Secretary of Defense. SEC. 731. Of the funds made available by this Act for the services of ^ifatlu^"''^ the Military Airlift Command, $100,000,000 shall be available only for procurement of commercial transportation service from carriers participating in the civil reserve air fleet program; and the Secretary of Defense shall utilize the services of such carriers which qualify as small businesses to the fullest extent found practicable: Provided, That the Secretary of Defense shall specify in such procurement, performance characteristics for aircraft to be used based upon modern aircraft operated by the civil air fleet. SEC. 732. During the current fiscal year, appropriations available to civilian the Department of Defense for operation may be used for civilian '^^°*^^'^^clothing, not to exceed $40 in cost for enlisted personnel: (1) discharged for misconduct, unfitness, unsuitability, or otherwise than honorably; (2) sentenced by a civil court to confinement in a civil prison or interned or discharged as an alien enemy; (3) discharged prior to completion of recruit training under honorable conditions for dependency, hardship, minority, disability, or for the convenience of the Government.

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Page:United States Statutes at Large Volume 86.djvu/1244

 1202 Defense contractors' advertising c o s t s, restrictions.

New f a c i l i t i e s, restriction.

Transfer of funds.

Notice to Congress. Civilian personnel, substitution. Contract payments in foreign countries.

Forces in Vietnam and Laos, support.

77 Stat. 216; 79 Stat. 547.

PUBLIC LAW 92-570-OCT. 26, 1972

[86

STAT.

SEC. 733. No part of the funds appropriated herein shall be available for paying the costs of advertising by any defense contractor, except advertising for which payment is made from profits, and such advertising shall not be considered a part of any defense contract cost. The prohibition contained in this section shall not apply with respect to advertising conducted by any such contractor, in compliance with regulations which shall be promulgated by the Secretary of Defense, solely for (1) the recruitment by the contractor of personnel lequired for the performance by the contractor of obligations under a defense contract, (2) the procurement of scarce items required by the contractor for the performance of a defense contract, or (3) the disposal of scrap or surplus materials acquired by the contractor in the performance of a defense contract. SEC. 734. Funds appropriated in this Act for maintenance and repair of facilities and installations shall not be available for acquisition of new facilities, or alteration, expansion, extension, or addition of existing facilities, as defined in Department of Defense Directive 7040.2, dated January 18, 1961, in excess of $50,000: Provided, That the Secretary of Defense may amend or change the said directive during the current fiscal year, consistent with the purpose of this section. SEC. 735. During the current fiscal year upon determination by the Secretary of Defense that such action is necessary in the national interest, he may, with the approval of the Office of Management and Budget, transfer not to exceed $750,000,000 of the appropriations or funds available to the Department of Defense for military functions (except military construction) between such appropriations or funds or any subdivision thereof, to be merged with and to be available for the same purposes, and for the same time period, as the appropriation or fund tx) which transferred: Provided, That the Secretary of Defense shall notify the (Congress promptly of all transfers made pursuant to this authority: Provided further. That not less than $25,000,000 of the authority granted in this section shall be available only for a program to substitute civilian personnel for military personnel. SEC. 736. None of the funds appropriated in this Act may be used to make payments under contracts for any program, project, or activity in a foreign country unless the Secretary of Defense or his designee, after consultation with the Secretary of the Treasury or his designee, certifies to the Congress that the use, by purchase from the Treasury, of currencies of such country acquired pursuant to law is not feasible for the purpose, stating the reason therefor. SEC. 737. (a) Not to exceed $2,735,000,000 of the appropriations available to the Department of Defense during the current fiscal year shall be available for their stated purposes to support (1) Vietnamese and other free world forces in support of Vietnamese forces; (2) local forces in Laos; and for related costs on such terms and conditions as the Secretary of Defense may determine: Provided, That none of the funds appropriated by this Act may be used for the purpose of paying any overseas allowance, per diem allowance, or any other addition to the regular base pay of any person serving with the free world forces in South Vietnam if the amount of such payment would be greater than the amount of special pay authorized to be paid, for an equivalent period of service, to members of the Armed Forces of the United States under section 310 of title 37, United States Code, serving in Vietnam or in any other hostile fire area, except for continuation of payments of such additions to regular base pay provided in agreements executed prior to July 1, 1970: Provided further, That nothing in clause (1) of the first sentence of this subsection shall be construed as authorizing the use of any such funds to support Vietnamese or other

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Page:United States Statutes at Large Volume 86.djvu/1245

 86 STAT.]

PUBLIC LAW 9 2 - 5 7 0 - O C T. 26, 1972

1203

free world forces in actions designed to provide military support and assistance to the Government of Cambodia or Laos: Provided further, That nothing contained in this section shall be construed to prohibit support of actions required to insure the safe and orderly withdrawal or disengagement of United States forces from Southeast Asia, or to aid in the release of Americans held as prisoners of war. (b) Within thirty days after the end of each quarter, the Secretary c<Sig^ers!° of Defense shall render to Congress a report with respect to the estimated value by purpose, by country, of support furnished from such appropriations. SEC. 738. During the current fiscal year, cash balances in working fyn^s!**"^ capital capital funds of the Department of Defense established pursuant to section 2208 of title 10, United States Code, may be maintained in ^^ ^*^*- 52i. only such amounts as are necessary at any time for cash disbursements to be made from such funds: Provided, That transfers may be made between such funds in such amounts as may be determined by the Secretary of Defense, with the approval of the Office of Management and Budget. SEC. 739. No part of the funds appropriated mider this Act shall ^J.X^^^^/^^'^"" be used to pay salaries of any Federal employee who is convicted in prohibition. any Federal, State, or local court of competent jurisdiction, of inciting, promoting, or carrying on a riot, or any group activity resulting in material damage to property or injury to persons, found to be in violation of Federal, State, or local laws designed to protect persons or property in the community concerned. SEC. 740. No part of the funds appropriated under this Act shall di^mp^ers! prT"' be used to provide a loan, guarantee of a loan, or a grant to any hibition. applicant who has been convicted by any court of general jurisdiction of any crime which involves the use of or the assistance to others in the use of force, trespass, or the seizure of property under control of an institution of higher education to prevent officials or students at such an institution from engaging in their duties or pursuing their studies. ^ SEC. 741. In line with the expressed intention of the President of iand°rn°roduction the United States, none of the funds appropriated by this Act shall of combat troops, be used to finance the introduction of American ground combat troops p'^o^ibition. into Laos or Thailand. SEC. 742. None of the funds in this Act shall be available for the > induction or enlistment of any individual into the military services ••'•• under a mandatory quota based on mental categories. SEC. 743. None of the funds available to the Department of Defense convert^on^^^"* shall be utilized for the conversion of heating plants from coal to oil at defense facilities in Europe. SEC. 744. None of the funds appropriated by this or any other Act and'detTiJpmen?'' shall be available for entering into any contract or agreement with any contracts, restricforeign corporation, organization, person, or other entity for the per- *^°"formance of research and development in connection with any weapon system or other military equipment for the Department of Defense when there is a United States corporation, organization, person, or other entity equally competent to carry out such research and development and willing to do so at a lower cost. SEC. 745. None of the funds appropriated by this Act shall be avail- experi^in^ifTubable for any research involving uninformed or nonvoluntary human jects. beings as experimental subjects.

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Page:United States Statutes at Large Volume 86.djvu/1246

 1204

PUBLIC LAW 92-571-OCT. 26, 1972

[86 STAT.

TITLE VIII ADDITIONAL AUTHORIZA'nONS

SEC. 801. In addition to any other funds authorized to be appropriated during the fiscal year 1973 for the use of the Armed Forces of the United States for procurement, there is hereby authorized to be appropriated during the fiscal year 1973 for the use of the Armed Forces of the United States for procurement of aircraft, missiles, and other weapons, as authorized by law, in amounts as follows: Aircraft For aircraft: For the Navy and Marine Corps For the Air Force Missiles For missiles: For the Army For the Navy For the Air Force

$134,400,000 397,500,000

,

4,300,000 65,300,000 39,800,000

Other Weapons For other weapons: For the Army Ante, p. 737.

Short title.

3,600,000

SEC. 802. Subsection (a)(1) of section 401 of Public Law 89-367, as amended by section 601(b) of Public Law 92-436, is hereby amended by deleting "$2,500,000,000" and inserting "$2,735,000,000" m lieu thereof. This Act may be cited as the "Department of Defense Appropriation Act, 1973". Approved October 26, 1972. Public Law 92-571

October 26, 1972 CH.J.Res. 13311

Continuing appropriations, 1973. Ante, pp. 404, 563, 746.

84 Stat. 2055. 22 USC 2 4 1 2. Ante, p. 29.

JOINT RESOLUTION Making further continuing appropriations for the fiscal year 1973, and for other purposes.

Resolved by the Senate and House of Representatives of the United States of America in Congress assembled, That clause (c) of section 102 of the joint resolution of July 1, 1972 (Public Law 92-334), as amended, is hereby further amended (a) by striking out "October 14, 1972" and inserting in lieu thereof "February 28, 1973" and (b) by adding the following new subsection and sections, after further amending clause (c) of section 102 by striking "or the sine die adjournment of the secondf session of the Ninety-second Congress:": Subsection 101 "(e) Such amounts as may be necessary for continuing activities for special benefits for disabled coal miners but at an annual rate for operations not to exceed $1,526,500,000. "SEC. 108. Notwithstanding any other provision of this joint resolution, and section 10 of Public Law 91-672 and section 655(c) of the Foreign Assistance Act of 1961, as amended, obligations may be incurred hereunder for the activities hereinafter specified and shall, in addition to other funds available for such purposes^ not exceed the annual rates specified herein during the period beginning October 15, 1972, and ending February 28, 1973:

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LAW 92-571-OCT. 26, 1972

PUBLIC

1205

"TITLE I—FOREIGN ASSISTANCE ACT ACTIVITIES "FUNDS APPBOPBIATED TO THE PBESIDENT "ECONOMIC ASSISTANCE

Worldwide, technical assistance Alliance for Progress, technical assistance International organizations and programs Programs relating to population growth American schools and hospitals abroad American schools and hospitals abroad (special foreign currency program) Indus Basin Development Fund, grants Indus Basin Development Fund, loans Contingency fund International narcotics control Refugee relief assistance (Bangladesh) Alliance for Progress, development loans Development loans Administrative expenses: AID State Subtotal, economic assistance

$155, 000,000 77, 500, 000 105, 000, 000 100, 000, 000 25, 500, 000 None 10, 000, 000 12, 000, 000 25,000, 000 Nope 100,000,000 150, 000, 000 250, 000, 000 50,000,000 4,221,000 1,064,221,000

"MILITARY ASSISTANCE

Military assistance Regional naval training

550, 600,000 2, 500,000

"SECITBITY SUPPOBTING ASSISTANCE

Security supporting assistance

600,000,000

"OVEBSEAS PBIVATE INVESTMENT CORPORATION

Overseas Private Investment Corporation, reserves

12,500,000

^'INTEB-AMERICAN FOUNDATION

Inter-American Foundation (limitation on obligations)

(5,000,000)

Total, title I, new budget (obligational) authority. Foreign Assistance Act Activities 2,229,821,000

"TITLE II—FOREIGN MILITARY CREDIT SALES Foreign military credit sales

400,000,000

Total, titles I and II, new budget (obligational) authority 2, 629, 821, 000 "TITLE III—FOREIGN ASSISTANCE (OTHER) "INDEPENDENT AGENCY "ACTION

Peace Corps, operating expenses

81, (X)0, 000

"DEPARTMENT OF HEALTH, EDUCATION, AND WELFABE

Assistance to refugees in the United States (Cuban program)—

145,000,000

"DEPARTMENT OF STATE

Migration and refugee assistance Assistance to refugees from the Soviet Union

8, 500, 000 50, 000,000

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Page:United States Statutes at Large Volume 86.djvu/1248

 1206

PUBLIC. LAW 92-572-OCT. 27, 1972

[86 STAT.

" F U N D S APPBOPBIATED TO THE PBESIDENT "INTERNATIONAL FINANCIAL INSTITUTIONS

Asian Development Bank (special fund) Inter-American Development Bank: Paid-in capital Callable capital Fund for special operations

None 25, 000,000 168,380,000 225,000,000

Subtotal, IDB 418,380,000 International Development Association 320,000, 000 Total, title III, new budget (obligational) authority. Foreign Assistance (other) 1,022,880,000 •TITLE IV—EXPORT-IMPORT BANK OF THE UNITED STATES

Philippines, relief.

Effective date.

Limitation on program activity (7,323,675,000) Limitation on administrative expenses (8,438,000) Grand total, new budget (obligational) authority, titles I, II, and III-^ 3, 652, 701,000 Provided, That no restrictive provision which is included in the Foreign Assistance and Related Programs Appropriation Act, 1973 (H.R. 16705), as passed during the second session, Ninety-second Congress, but which was not included in the applicable appropriation Act for the fiscal year 1972 shall be applicable to any appropriation fund or authority provided for in this section unless such provision shall have been included in identical form in such Act as passed by both the House and the Senate: Provided further, That any provision which is included in such Act as passed by one House and was included in the applicable appropriation Act for the fiscal year 1972 shall be applicable to the appropriations, funds, or authorities provided in this section. "SEC. 109. Notwithstanding the provisions of this joint resolution or any other Act, the President is authorized to provide, on such terms and conditions as he may determine, relief, rehalbilitation, and reconstruction assistance in connection with damage caused by floods in the Philippines during 1972. Of the funds provided herein for 'security supporting assistance', $50,000,000 shall be available only to carry out this section." SEC. 2. This joint resolution shall take effect October 15, 1972. Approved October 26, 1972. Public Law 92-572

October 27, 1972 [H. R. 13158]

/ Fruitvale Avenue Bridge. Name change.

76 Stat. 1176.

AN ACT To name a bridge across a portion of Oakland Harbor, Cfilifornia, the "George P. MlUer-Leland W. Sweeney Bridge". Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the bridge across the Oakland tidal canal, a part of Oakland Harbor, California, between the cities of Oakland and Alameda, California, authorized for modification in section 101 of the River and Harbor Act of 1962 (Public Law 87-874) and known as the Fruitvale Avenue Bridge, shall hereafter be known as the George P. Miller-Leland W. Sweeney I^ridge. I n any law, regulation, map, document, record or other paper of the United States in which such bridge is referred to shall be held to refer to such bridge as the "George P. Miller-Leland W. Sweeney Bridge". Approved October 27, 1972.

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PUBLIC LAW 92-573-OCT. 27, 1972

1207

Public Law 92-573 AN ACT

October 27, 1972

To protect consumers against unreasonable risk of injury from hazardous products, and for other purposes.

1^^-^^^^^

Be it enacted by the Senate and House of Representatives of the United States o f America in Congress assembled. '

^

'

~

consumer Product Safety Act.

SHORT TITLE; TABLE O F CONTENTS

SECTION

Act".

1. This Act may be cited as the "Consumer Product Safety TABLE OF CONTENTS

Sec. Sec. Sec. Sec. Sec. Sec. Sec. Sec. Sec. Sec. Sec. Sec. Sec. Sec. Sec. Sec. Sec. Sec. Sec. Sec. Sec. Sec. Sec. Sec. Sec. Sec. Sec. Sec. Sec. Sec. Sec. Sec. Sec. Sec.

1. 2. 3. 4. 5. 6. 7. 8. 9.

Short title; table of contents. Findings and purposes. Definitions. Consumer Product Safety Commission. Product safety information and research. Public disclosure of information. Consumer product safety standards. Banned hazardous products. Administrative procedure applicable to promulgation of consumer product safety rules. 10. Commission responsibility—petition for consumer product safety rule. 11. Judicial review of consumer product safety rules. 12. Imminent hazards. 13. New products. 14. Product certification and labeling. 15. Notification and repair, replacement, or refund. 16. Inspection and recordkeeping. 17. Imported products. 18. Exports. 19. Prohibited acts. 20. Civil penalties. 21. Criminal penalties. 22. Injunctive enforcement and seizure. 23. Suits for damages by persons injured. 24. Private enforcement of product safety rules and of section 15 orders. 25. Effect on private remedies. 26. Effect on State standards. 27. Additional functions of Commission. 28. Product Safety Advisory Council. 29. Cooperation with States and with other Federal agencies. 30. Transfers of functions. 31. Limitation on jurisdiction. 32. Authorization of appropriations. 33. Separability. 34. Effective date. F I N D I N G S A N D PURPOSES

SEC. 2. (a) The Congressfindsthat— (1) an unacceptable number of consumer products which present unreasonable risks of injury are distributed in commerce; (2) complexities of consumer products and the diverse nature and abilities of consumers using them frequently result in an inability of users to anticipate risks and to safeguard themselves adequately; (3) the public should be protected against unreasonable risks of injury associated with consumer products; (4) control by State and local governments of unreasonable risks of injury associated with consumer products is inadequate and may be burdensome to manufacturers; (5) existing Federal authority to protect consumers from exposure to consumer products presenting unreasonable risks of injury is inadequate; and 82-081 O - 73 - 79

.

"

•

Cj'.

.3^ -,;, ^ a,

^^.

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PUBLIC LAW 92-573-X)CT. 27, 1972

[86 STAT.

(6) regulation of consumer products the distribution or use of which affects interstate or foreign commerce is necessary to carry out this Act. (b) The purposes of this Act are— (1) to protect the public against unreasonable risks of injury associated with consumer products; (2) to assist consumers in evaluating the comparative safety of consumer products; (3) to develop uniform safety standards for consumer products and to minimize conflicting State and local regulations; and (4) to promote research and investigation into the causes and prevention of product-related deaths, illnesses, and injuries. DEFINITIONS

80 Stat. 718; Ante, p. 973. 68A Stat. 490. 26 USC 4181. 72 Stat. 1282. 72 Stat. 737. 85 Stat. 213. 46 USC 361.
 * ^5 USC U91.

46 USC 1452.

79"tal°234°*°' 21 USC 321.

SEC. 3. (a) For purposes of this Act: (1) The term "consumer product" means any article, or component part thereof, produced or distributed (i) for sale to a consumer for use in or around a permanent or temporary household or residence, a school, in recreation, or otherwise, or (ii) for the personal use, consumption or enjoyment of a consumer m or around a permanent or temporary household or residence, a school, in recreation, or otherwise; but such term does not include— (A) any article which is not customarily produced or distributed for sale to, or use or consumption by, or enjoyment of, a consumer, (B) tobacco and tobacco products, (C) motor vehicles or motor vehicle equipment (as defined by sections 102(3) and (4) of the National Traffic and Motor VeMcle Safety Act of 1966), (D) economic poisons (as defined.by the Federal Insecticide, Fuugicide, and Rodenticide Act), (E) any article which, if sold by the manufacturer, producer, or importer, would be subject to the tax imposed by section 4181 of the Internal Revenue Code of 1954 (determined without regard to any exemptions from such tax provided by section 4182 or 4221, or any other provision of such Code), or any component of any such article, (F) aircraft, aircraft engines, propellers, or appliances (as defined in section 101 of the Federal Aviation Act of 1958), (G) boats which could be subjected to safety regulation under the Federal Boat Safety Act of 1971 (46 U.S.C. 1451 gt scq.); vessels, and appurtenances to vessels (other than such boats), which could be subjected to safety regulation under title 52 of the Revised Statutes or other marine safety statutes administered by the department in which the Coast Guard is operating; and equipment (including associated equipment, as defined in section 3(8) of the Federal Boat Safety Act of 1971) to the extent that a risk of injury associated with the use of such equipment on boats or vessels could be eliminated or reduced by actions taken under any statute referred to in this subparagraph, (H) drugs, devices, or cosmetics (as such terms are defined in sections 201(g), (h), and (i) of the Federal Food, Drug, and Cosmetic Act), or (I) food. The term "food", as used in this subparagraph means all "food", as defined in section 201(f) of the Federal Food, Drug, and Cosmetic Act, including poultry and poultry

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Page:United States Statutes at Large Volume 86.djvu/1251

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PUBLIC LAW 92-573-OCT. 27, 1972

products (as defined in sections 4(e) and (f) of the Poultry Products Inspection Act), meat, meat food products (as defined in section l (j) of the Federal Meat Inspection Act), and eggs and egg products (as defined in section 4 of the E g g Products Inspection Act). See sections 30(d) and 31 of this Act, for limitations on Commission's authority to regulate certain consumer products. (2) The term "consumer product safety rule" means a consumer products safety standard described in section 7(a), or a rule under this Act declaring a consumer product a banned hazardous product, (3) The term "risk of injury" means a risk of death, personal injury, or serious or frequent illness. (4) The term "manufacturer" means any person who manufactures or imports a consumer product. (5) The term "distributor" means a person to whom a consumer product is delivered or sold for purposes of distribution in commerce, except that such term does not include a manufacturer or retailer of such product. (6) The term "retailer" means a person to whom a consumer product is delivered or sold for purposes of sale or distribution by such person to a consumer. (7)(A) The term "private labeler" means an owner of a brand or trademark on the label of a consumer product which bears a private label. (B) A consumer product bears a private label if (i) the product (or its container) is labeled with the brand or trademark of a person other than a manufacturer of the product, (ii) the person with whose brand or trademark the product (or container) is labeled has authorized or caused the product to be so labeled, and (iii) the brand or trademark of a manufacturer of such product does not appear on such label. (8) The term "manufactured" means to manufacture, produce, or assemble. (9) The term "Commission" means the Consumer Product Safety Commission, established by section 4. (10) The term "State" means a State, the District of Columbia, the Commonwealth of Puerto Rico, the Virgin Islands, Guam, Wake Island, Midway Island, Kingman Reef, Johnston Island, the Canal Zone, American Samoa, or the Trust Territory of the Pacific Islands. (11) The terms "to distribute in commerce" and "distribution in commerce" mean to sell in commerce, to introduce or deliver for introduction into commerce, or to hold for sale or distribution after introduction into commerce. (12) The term "commerce" means trade, traffic, commerce, or transportation— (A) between a pla<ce in a State and any place outside thereof, or (B^ which affects trade, traffic, commerce, or transportation described in subparagraph (A). (13) The terms "import" and "importation" include reimporting a consumer product manufactured or processed, in whole or in part, in the United States. (14) The term "United States", when used in the geographic sense, means all of the States (as defined in paragraph (10)). (b) A common carrier, contract carrier, or freight forwarder shall not, for purposes of this Act, be deemed to be a manufacturer, distrib-

1209 82stat.75>2 gi sS?. SM. 21 USC eoi. of f^oo nio' 21 USC 1033. ^' ""'^ "'"

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PUBLIC LAW 92-573-OCT. 27, 1972

[86

STAT.

iitor, or retailer of a consumer product solely by reason of receiving or transporting a consumer product in the ordinary course of its business as such a carrier or forwarder. CONSUMER PRODUCT SAFETY COMMISSION Establishment.

Chairman.

Terms.

Restrictions.

Functions.

SEC. 4. (a) A n independent regulatory commission is hereby established, to be known as the Consumer Product Safety Commission, consisting of five Commissioners who shall be appointed by the President, by and with the advice and consent of the Senate, one of whom shall be designated by the President as Chairman. The Chairman, when so designated, shall act as Chairman until the expiration of his term of office as Commissioner. Any member of the Commission may be removed by the President for neglect of duty or malfeasance in office but for no other cause. (b)(1) Except as provided in paragraph (2), (A) the Commissioners first appointed under this section shall be appointed for terms ending three, four, five, sixj and seven years, respectively, after the date of the enactment of this Act, the term of each to be designated by the President at the time of nomination; and (B) each of their successors shall be appointed for a term of seven years from the date of the expiration of the term for which his predecessor was appointed. (2) Any Commissioner appointed to fill a vacancy occurring prior to the expiration of the term for which his predecessor was appointed shall be appointed only for the remainder of such term. A Commissioner may continue to serve after the expiration of his term until his successor has taken office, except that he may not so continue to serve more than one year after the date on which his term would otherwise expire under this subsection. (c) Not more than three of the Commissioners shall be affiliated with the same political party. No individual (1) in the employ of, or holding any official relation to, any person engaged in selling or manufacturing consumer products, or (2) owning stock or bonds of substantial value in a person so engaged, or (3) who is in any other manner pecuniarily interested in such a person, or in a substantial supplier of such a person, shall hold the office of Commissioner. A Commissioner may not engage in any other business, vocation, or employment. (d) No vacancy in the Commission shall impair the right of the remaining Commissioners to exercise all the powers of the Commission, but three members of the Commission shall constitute a quorum for the transaction of business. The Commission shall have an official seal of which judicial notice shall be taken. The Commission shall annually elect a Vice Chairman to act in the absence or disability of the Chairman or in case of a vacancy in the office of the Chairman. (e) The Commission shall maintain a principal office and such field offices as it deems necessary and may meet and exercise any of its powers at any other place. (f)(1) The Chairman of the Commission shall be the principal executive officer of the Commission, and he shall exercise all of the executive and administrative functions of the Commission, including functions of the Commission with respect to (A) the appointment and supervision of personnel employed under the Commission (other than personnel employed regularly and full time in the immediate offices of commissioners other than the Chairman), (B) the distribution of business among personnel appointed and supervised by the Chairman and among administrative units of the Commission, and (C) the use and expenditure of funds. (2) I n carrying out any of his functions under the provisions of this subsection the Chairman shall be governed by general policies of

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1211

the Commission and by such regulatory decisions, findings, and determinations as the Commission may by law be authorized to make. (g)(1) The Chairman, subject to the approval of the Commission, oi^^^^J'"''* shall appoint an Executive Director, a General Counsel, a Director of Engineering Sciences, a Director of Epidemiology, and a Director of Information. No individual so appointed may receive pay in excess of the annual rate of basic pay in effect for grade GS-18 of the General Schedule.

note'"'"

(2) The Chairman, subject to subsection (f)(2), may employ such Additional other officers and employees (including attorneys) as are necessary in employeesthe execution of the Commission's functions. No full-time officer or employee of the Commission who was at any time during the 12 months preceding the termination of his employment with the Commission compensated at a rate in excess of the annual rate of basic pay in effect for grade GS-14 of the General Schedule, shall accept employment or compensation from any manufacturer subject to this Act, for a period of 12 months after terminating employment with the Commission. (h)(1) Section 5314 of title 5, United States Code, is amended by Ante. p. 110. adding at the end thereof the following new paragraph: "(59) Chairman, Consumer Product Safety Commission." (2) Section 5315 of such title is amended by adding at the end Ante, p. 149. thereof the following new paragraph: "(97) Members, Consumer Product Safety Commission (4). " PRODUCT SAFETY INFORMATION AND RESEARCH

SEC. 5. (a) The Commission shall— (1) maintain an Injury Information Clearinghouse to collect, investigate, analyze, and disseminate injury data, and information, relating to the causes and prevention of death, injury, and illness associated with consumer products; and • *(2) conduct such continuing studies and investigations of deaths, injuries, diseases, other health impairments, and economic losses resulting from accidents involving consumer products as it deems necessary. (b) The Commission may— (1) conduct research, studies, and investigations on the safety of consumer products and on improving the safety of such products; (2) test consumer products and develop product safety test methods and testing devices; and (3) offer training in product safety investigation and test methods, and assist public and private organizations, administratively and technically, in the development of safety standards and test methods. Grants or (c) I n carrying out its functions under this section, the Commission contracts. may make grants or enter into contracts for the conduct of such functions with any person (including a governmental entity). (d) Whenever the Federal contribution for any information,, f"*'",'; -I

-I

1

L-

•1

i i ' i i

! • * •

1

research, or development activity authorized by this Act is more than minimal, the Commission shall include in any contract, grant, or other arrangement for such activity, provisions effective to insure that the rights to all information, uses, processes, patents, and other developments resulting from that activity will be made available to the public without charge on a nonexclusive basis. Nothing in this subsection shall be construed to deprive any person of any right which he may have had, prior to entering into any arrangement referred to in this subsection, to any patent, patent application, or invention.

information

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PUBLIC LAW 92-573-OCT. 27, 1972 P U B L I C DISCLOSURE O F

81 Stat. 54. Confidential information.

62 Stat. 7 9 1.

Summary to manufacturer or labeler.

Inaccurate or misleading information, retraction.

Nonapplicability.

R i s k of injury.

[86

STAT.

INFORMATION

SEC. 6. (a)(1) Nothing contained in this Act shall be deemed to require the release of any information described by subsection (b) of section 552, title 5, United States Code, or which is otherwise protected by law from disclosure to the public. (2) All information reported to or otherwise obtained by the Commission or its representative under this Act which information contains or relates to a trade secret or other matter referred to in section 1905 of title 18, United States Code, shall be considered confidential and shall not be disclosed, except that such information may be disclosed to other officers or employees concerned with carrying out this Act or when relevant in any proceeding under this Act. Nothing in this Act shall authorize the withholding of information by the Commission or any officer or employee under its control from the duly authorized committees of the Congress. (b)(1) Except as provided by paragraph (2) of this subsection, not less than 30 days prior to its public disclosure of any information obtained under this Act, or to be disclosed to the public in connection therewith (unless the Commission finds out that the public health and safety requires a lesser period of notice), the Commission shall, to the extent practicable, notify, and provide a summary of the information to, each manufacturer or private labeler of any consumer product to which such information pertains, if the manner in which such consumer product is to be designated or described in such information will permit the public to ascertain readily the identity of such manufacturer or private labeler, and shall provide such manufacturer or private labeler with a reasonable opportunity to submit comments to the Commission in regard to such information. The Commission shall take reasonable steps to assure, prior to its public disclosure thereof, that information from which the identity of such manufacturer or private labeler may be readily ascertained is accurate, and that such disclosure is fair in the circumstances and reasonably related to effectuating the purposes of this Act. If the Commission finds that, in the administration of this Act, it has made public disclosure of inaccurate or misleading information which reflects adversely upon the safety of any consumer product, or the practices of any manufacturer, private labeler, distributor, or retailer of consumer products, it shall, in a manner similar to that in which such disclosure was made, publish a retraction of such inaccurate or misleading information. (2) Paragraph (1) (except for the last sentence thereof) shall not apply to the public disclosure of (A) information about any consumer product with respect to which product the Commission has filed an action under section 12 (relating to imminently hazardous products), or which the Commission has reasonable cause to believe is in violation of section 19 (relating to prohibited acts), or (B) information in the course of or concerning any administrative or judicial proceeding under this Act. (c) The Commission shall communicate to each manufacturer of a, consumer product, insofar as may be practicable, information as to any significant risk of injury associated with such product. C O N S U M E R PRODUCT SAFETY

STANDARDS

SEC. 7. (a) The Commission may by rule, in accordance with this section and section 9, promulgate consumer product safety standards. A consumer product safety standard shall consist of one or more of any of the following types of requirements:

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PUBLIC LAW 92-573-OCT. 27, 1972

(1) Requirements as to performance, composition, contents, design, construction, finish, or packaging of a consumer product. (2) Requirements that a consumer product be marked with or accompanied by clear and adequate w a r n i n g or instructions, or requirements respecting the form of warnings or instructions. Any requirement of such a standard shall be reasonably necessary to prevent or reduce an unreasonable risk of injury associated with such product. The requirements of such a standard (other than requirements relating to labeling, warnings, or instructions) shall, whenever feasible, be expressed in terms of performance requirements. (b) A proceeding for the development of a consumer product safety standard under this Act shall be commenced by the publication in the Federal Register of a notice which shall— (1) identify the product and the nature of the risk of injury associated with the product; (2) state the Commission's determination that a consumer product safety standard is necessary to eliminate or reduce the risk of injury; (3) include information with respect to any existing standard known to the Commission which may be relevant to the proceeding; and (4) include an invitation for any person, including any State or Federal agency (other than the Commission), within 30 days after the date of publication of the notice (A) to submit to the Commission an existing standard as the proposed consumer product safety standard or (B) to offer to develop the proposed consumer product safety standard. An invitation under paragraph (4)(B) shall specify a period of time, during which the standard is to be developed, which shall be a period ending 150 days after the publication of the notice, unless the Commission for good cause finds (and includes such finding in the notice) that a different period is appropriate. (c) If the Commission determines that (1) there exists a standard which has been issued or adopted by any Federal agency or by any other qualified agency, organization, or institution, and (2) such standard if promulgated under this Act, would eliminate or reduce the unreasonable risk of iniury associated with the product, then it may, in lieu of accepting an offer pursuant to subsection (d) of this section, publish such standard as a proposed consumer product safety rule. (d)(1) Except as provided by subsection (c), the Commission shall accept one, and may accept more than one, offer to develop a proposed consumer prorduct safety standard pursuant to the invitation prescribed by subsection (b)(4)(B), if it determines that the offeror is technically competent, is likely to develop an appropriate standard within the period specified in the invitation under subsection (b), and will comply with regulations of the Commission under paragraph (3) of this subsection. The Commission shall publisli in the Federal Register the name and address of each person whose offer it accepts, and a summary of the terms of such offer as accepted. (2) If an offer is accepted under this subsection, the Commission may agree to contribute to the offeror's cost in developing a proposed consumer product safety standard, in any case in which the Commission determines that such contribution is likely to result in a more satisfactory standard than would be developed without such contribution, and that the offeror is financially responsible. Regulations of the Commission shall set forth the items of cost in which it may participate, and shall exclude any contribution to the acquisition of land or buildings.

Notice, publication in Federal Register.

Development period.

Proposed safety rules, publication.

Proposed standards, development offers.

Publication in Federal Register. Cost, contribution.

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Page:United States Statutes at Large Volume 86.djvu/1256

 1214 Regulations.

Proposed safety rule, publication.

Restrictions.

Development period.

Publication in Federal Register.

PUBLIC LAW 92-573-OCT. 27, 1972

[86

STAT.

(3) The Commission shall prescribe regulations governing the development of proposed consumer product safety standards by persons whose offers are accepted under paragraph (1). Such regulations shall include requirements— (A) that standards recommended for promulgation be suitable for promulgation under this Act, be supported by test data or such other documents or materials as the Commission may reasonably require to be developed, and (where appropriate) contain suitable test methods for measurement of compliance with such standards; (B) for notice and opportunity by interested persons (including representatives of consumers and consumer organizations) to participate in the development of such standards; (C) for the maintenance of records, which shall be available to the public, to disclose the course of the development of standards recommended for promulgation, the comments and other information submitted by any person in connection with such development (including dissenting views and comments and information with respect to the need for such recommended standards), and such other matters as may be relevant to the evaluation of such recommended standards; and (D) that the Commission and the Comptroller General of the United States, or any of their duly authorized representatives, have access for the purpose of audit and examination to any books, documents, papers, and records relevant to the development of such recommended standards or to the expenditure of any contribution of the Commission for the development of such standards. (e^ (1) If the Commission has published a notice of proceeding as provided by subsection (b) of this section and has not, within 30 days after the date of publication of such notice, accepted an offer to develop a proposed consumer product safety standard, the Commission may develop a proposed consumer product safety rule and publish such proposed rule. (2) If the Commission accepts an offer to develop a proposed consumer product safety standard, the Commission may not, during the development period (specified in paragraph (3)) for such standard— (A) publish a proposed rule applicable to the same risk of injury associated with such product, or (B) develop proposals for such standard or contract with third parties for such development, unless the Commission determines that no offeror whose offer was accepted is making satisfactory progress in the development of such standard. I n any case in which the sole offeror whose offer is accepted under subsection (d)(1) of this section is the manufacturer, distributor, or retailer of a consumer product proposed to be regulated by the consumer product safety standard, the Commission may independently proceed to develop proposals for such standard during the development period. (3) For purposes of paragraph (2), the development period for any standard is a period (A) beginning on the date on which the Commission first accepts an offer under subsection (d)(1) for the development of a proposed standard, and (B) ending on the earlier of— (i) the end of the period specified in the notice of proceeding (except that the period specified in the notice may be extended if good cause is shown and the reasons for such extension are published in the Federal Register), or

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(ii) the date on which it determines (in accordance with such procedures as it may by rule prescribe) that no offeror whose offer was accepted is able and willing to continue satisfactorily the development of the proposed standard which was the subject of the off'er, or (iii) the date on which an offeror whose offer was accepted submits such a recommended standard to the Commission, (f) Not more than 210 days after its publication of a notice of proceeding pursuant to subsection (b) (which time may be extended by the Commission by a notice published in the Federal Register stating good cause therefor), the Commission shall publish in the Federal Register a notice withdrawing such notice of proceeding or publish a proposed rule which either proposes a product safety standard applicable to any consumer product subject to such notice, or proposes to declare any such subject product a banned hazardous consumer product.

1215

Withdrawal notice or proposed rule, publication in Federal Register.

B A N N E D HAZARDOUS PRODUCTS

SEC. 8, Whenever the Commission finds that— (1) a consumer product is being, or will be, distributed in commerce and such consumer product presents an unreasonable risk of injury; and (2) no feasible consumer product safety standard under this Act would adequately protect the public from the unreasonable risk of injury associated with such product, the Commission may propose and, in accordance with section 9, promulgate a rule declaring such product a banned hazardous product. ADMINISTRATIVE PROCEDURE APPLICABLE TO PROMULGATION OF CONSUMER PRODUCT SAFETY RULES

SEC. 9. (a)(1) Within 60 days after the publication under section 7(c), (e)(1), or (f) or section 8 of a proposed consumer product safety rule respecting a risk of injury associated with a consumer product, the Commission shall— (A) promulgate a consumer product safety rule respecting the risk of injury associated with such product if it makes the findings required under subsection (c), or (B) withdraw by rule the applicable notice of proceeding if it determines that such rule is not (i) reasonably necessary to eliminate or reduce an unreasonable risk of injury associated with the product, or (ii) in the public interest; except that the Commission may extend such 60-day period for good cause shown (if it publishes its reasons therefor in the Federal Register). (2) Consumer product safety rules which have been proposed under section 7(c), (e)(1), or (f) or section 8 shall be promulgated pursuant to section 553 of title 5, United States Code, except that the Commission shall give interested persons an opportunity for the oral presentation of data, views, or arguments, in addition to an opportunity to make written submissions. A transcript shall be kept of any oral presentation. (b) A consumer product safety rule shall express in the rule itself the risk of injury which the standard is designed to eliminate or reduce. I n promulgating such a rule the Commission shall consider relevant available product data including the results of research, development, testing, and investigation activities conducted generally and pursuant to this Act.

80 Stat. 383.

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Page:United States Statutes at Large Volume 86.djvu/1258

 1216 Findings.

Restrictions.

Standards, effective date.

•Stockpiling.

Amendment or revocation.

Publication in Federal Register.

PUBLIC LAW 92-573-OCT. 27, 1972

[86

STAT.

(c)(1) Prior to promulgating a consumer product safety rule, the Commission shall consider, and shall make appropriate findings for inclusion in such rule with respect to— (A) the degree and nature of the risk of injury the rule is designed to eliminate or reduce; (B) the approximate number of consumer products, or types or classes thereof, subject to such rule; (C) the need of the public for the consumer products subject to such rule, and the probable effect of such rule upon the utility, cost, or availability of such products to meet such need; and (D) any means of achieving the objective of the order while minimizing adverse effects on competition or disruption or dislocation of manufacturing and other commercial practices consistent with the public health and safety. (2) The Commission shall not promulgate a consumer product safety rule unless it finds (and includes such finding in the rule)— (A) that the rule (including its effective date) is reasonably necessary to eliminate or reduce an unreasonable risk of injury associated with such product; (B) that the promulgation of the rule is in the public interest; and (C) in the case of a rule declaring the product a banned hazardous product, that no feasible consumer product safety standard under this Act would adequately protect the public from the unreasonable risk of injury associated with such product. (d)(1) Each <jonsumer product safety rule shall specify the date such rule is to take effect not exceeding 180 days from the date promulgated, unless the Commission finds, for good cause shown, that a later effective date is in the public interest and publishes its reasons for such finding. The effective date of a consumer product safety stnndard under this Act shall be set at a date at least 30 days after the date of promulgation unless the Commission for good cause shown determines that an earlier effective date is in the public interest. I n no case may the effective date be set at a date which is earlier than the date of promulgation. A consumer product safety standard shall be applicable only to consumer products manufactured after the effective date. (2) The Commission may by rule prohibit a manufacturer of a consumer product from stockpiling any product to which a consumer product safety rule applies, so as to prevent such manufacturer from circumventing the purpose of such consumer product safety rule. For purposes of this paragraph, the term "stockpiling" means manufacturing or importing a product between the date of promulgation of such consumer pro(mct safety rule and its effective date at a rate which is significantly greater (as determined under the rule under this paragraph) than the rate at which such product was produced or imported during a base period (prescribed in the rule under this paragraph) ending before the date of promulgation of the consumer product safety rule. (e) The Commission may by rule amend or revoke any consumer product safety rule. Such amendment or revocation shall specify the date on which it is to take effect which shall not exceed 180 days from the date the amendment or revocation is published unless the Commission finds for good cause shown that a later effective date is in the public interest and publishes its reasons for such finding. Where an amendment involves a material change in a consumer product safety rule, sections 7 and 8, and subsections (a) through (d) of this section shall apply. I n order to revoke a consumer product safety rule, the Commission shall publish a proposal to revoke such rule in the Federal Register, and allow oral and written presentations in accordance with

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