Federal Use of Standards

OFFICE OF MANAGEMENT AND BUDGET

Federal Use of Standards

AGENCY: Office of Management and Budget, Executive Office of the

President.

ACTION: Notice and request for comments on proposed revision of OMB

Circular No. A-119, ``Federal Participation in the Development and Use

of Voluntary Consensus Standards and in Conformity Assessment

Activities.''

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SUMMARY: The Office of Management and Budget (OMB) is revising Circular

A-119, ``Federal Participation in the Development and Use of Voluntary

Consensus Standards and in Conformity Assessment Activities.'' Public

Law 104-113, the National Technology Transfer Act of 1995 (hereinafter

known as P.L. 104-113), was passed by Congress to codify existing

policies in A-119, to establish additional reporting requirements, and

to authorize the National Institute of Standards and Technology (NIST)

to coordinate conformity assessment activities of the agencies. P.L.

104-113 was signed into law by the President on March 13, 1996. This

proposed revision of Circular A-119 implements the new law and makes

certain other modifications.

DATES: Comments are requested on the proposed revisions to Circular A-

119 no later than February 25, 1997.

ADDRESSES: Direct written comments to: Information Policy and

Technology Branch, Office of Information and Regulatory Affairs, Office

of Management and Budget, NEOB Room 10236, Washington, D.C., 20503. E-

mail comments may be sent to: [email protected].

FOR FURTHER INFORMATION CONTACT: Virginia Huth, Information Policy and

Technology Branch, Office of Information and Regulatory Affairs, Office

of Management and Budget, Room 10236 NEOB, Washington, D.C., 20503.

Telephone: 202-395-3785. The text of this proposed revision and of the

current OMB Circular A-119 are available electronically on the OMB Home

page in the documents section at http://www.whitehouse.gov/WH/ EOP/OMB.

The current version of A-119 is available in paper format by contacting

the OMB Publications Office at (202) 395-7332. To request a fax of the

current A-119, call (202) 395-9068.

SUPPLEMENTARY INFORMATION: Section 12(d) of the National Technology

Transfer Act of 1995 (P.L. 104-113, or ``the Act'') codified the

policies of Circular A-119. Section 12(d)(1) states that ``Except as

provided in paragraph (3) of this subsection, all Federal agencies and

departments shall use technical standards that are developed or adopted

by voluntary consensus standards bodies, using such technical standards

as a means to carry out policy objectives or activities determined by

the agencies and departments.''

To carry out this requirement, Section 12(d)(2) states that

agencies and departments ``shall consult'' with those bodies and

``shall * * * participate'' with them in developing voluntary consensus

standards ``when such participation is in the public interest and is

compatible with agency and departmental missions, authorities,

priorities, and budget resources.''

Finally, Section 12(d)(3) states that, where it would be

``inconsistent with applicable law or otherwise impractical'' to use

standards that those bodies develop or adopt, an agency or department

may use other standards; however, the head of the agency or department

must send to OMB ``an explanation of the reasons for using such

standards.'' The law states that, beginning with fiscal year 1997, OMB

will transmit to Congress and its Committees an annual report

summarizing all explanations received in the preceding year.

This Circular provides instructions, beginning with FY 97, for

agencies to report explanations of instances in which agencies used

standards which were not developed by voluntary consensus standards

bodies. For FY 96, OMB issued a letter on May 17, 1996, to the heads of

departments and agencies notifying them of the Act and of the new

reporting requirement. For the period March 13, 1996 (date of enactment

of the Act) to September 30, 1996, any explanations that agencies have

generated should be transmitted to NIST no later than January 31, 1997,

for forwarding to OMB.

The Act's legislative history confirms that Section 12(d) was

intended to codify the Circular's policies. See 142 Cong. Rec. H1265

(daily ed. February

[[Page 68313]]

27, 1996) (statement of Rep. Morella); 142 Cong. Rec. S1080-81 (daily

ed. February 7, 1996) (statement of Sen. Rockefeller); 141 Cong. Rec.

H14333-34 (daily ed. December 12, 1995) (statements of Reps. Brown and

Morella).

Accordingly, the revisions proposed to the Circular are not

intended to change the policy with respect to agencies' use of

voluntary consensus standards, but instead are intended to conform the

Circular's terminology to the Act and to increase the Circular's

clarity and effectiveness.

Summary of Changes

This proposed revision incorporates the following changes:

(1) Section 5 clarifies the definitions for ``agency'' and

``standard.'' The definition for ``adoption'' has been replaced by a

definition for ``use.'' The definition for ``voluntary standards'' has

been replaced by a definition for ``voluntary consensus standards.''

The definition for ``voluntary standards bodies'' has been replaced

with a definition for ``voluntary consensus standards bodies.'' New

definitions for ``conformity assessment,'' ``impractical,''

``performance standard,'' and ``technical standard'' have been added.

Finally, terminology throughout the Circular has been modified to

reflect these changes.

(2) Section 6a has been revised to state that these policies apply

to all policy objectives and activities, including procurement and

regulatory activities, to clarify that these policies do not pre-empt

or restrict agencies' authorities and responsibilities to regulate, and

to clarify that agencies retain discretion to decline to use an

existing voluntary consensus standard if the agency determines that

such standard is inconsistent with applicable law or otherwise

impractical.

(3) Section 6b has been modified to state that agencies are to

refrain from actively participating in standards development committees

when involvement in such committees does not clearly relate to the

mission of the agency and to avoid dominating committee proceedings.

Section 7b.6 has been modified to state that agency support for

standards development activities is not to be contingent upon the

outcome of the standards activity.

(4) Section 6c has been modified to reflect the need for greater

coordination among the federal agencies prior to their participation on

technical committees. The material in Section 7c, which provides

guidance on this subject, was formerly Sections 8b.2(a-e) and 8b.3.

Some minor changes were made to ensure consistency in terminology.

Section 9c has been added in order to make coordination of standards

activities the explicit responsibility of the Standards Executive.

(5) Section 7a.5 has been added to describe one way in which

agencies may identify voluntary consensus standards.

(6) Section 8 establishes procedures for reviewing existing

voluntary consensus standards when issuing or revising a regulation or

initiating a procurement. Such procedures provide for public notice and

comment on proposed standards and require agencies to respond to public

comment and to explain the final outcome.

(7) Section 10a establishes requirements for reporting on

exceptions to the use of voluntary consensus standards, as required by

P.L. 104-113. The reporting requirements of Section 10b, although not

required by statute, have been retained. The language has been modified

to provide for coordination with the reporting requirements in Section

10a.

(8) Section 10 directs the National Institute of Standards and

Technology to issue guidance to the agencies in order to promote the

coordination of Federal, State, and local standards activities and

conformity assessment activities with the private sector, as required

by Section 12(b) of P.L. 104-113.

Accordingly, OMB Circular A-119 is proposed to be revised as set

forth below.

Sally Katzen,

Administrator, Office of Information and Regulatory Affairs.

To the Heads of Executive Departments and Establishments

Subject: Federal Participation in the Development and Use of Voluntary

Consensus Standards and in Conformity Assessment Activities

1. Purpose. This Circular establishes policy to be followed by

agencies in working with voluntary consensus standards bodies and in

using voluntary consensus standards, in accordance with Section 12(d)

of the National Technology Transfer and Advancement Act (hereinafter

cited as P.L. 104-113). It also implements reporting requirements for

the use of voluntary consensus standards and addresses the role of the

National Institute for Standards and Technology (NIST) in coordinating

conformity assessment activities.

2. Rescissions. This Circular supersedes OMB Circular No. A-119,

dated October 20, 1993, which is rescinded.

3. Background. Many standards that are developed by voluntary

consensus standards bodies are appropriate or adaptable for the

Government's purposes. The adoption of such standards, whenever

practicable and appropriate, eliminates the cost to the Government of

developing its own standards. At the same time, Government

participation in standards-related activities provides incentives and

opportunities to establish standards that serve national needs.

Moreover, harmonization of standards promotes efficiency and economic

competition, thus encouraging long-term growth for U.S. enterprises.

Adoption of standards developed by voluntary consensus standards bodies

also furthers the policy of reliance upon the private sector to supply

Government needs for goods and services, as stated in OMB Circular No.

A-76, ``Performance of Commercial Activities.''

4. Applicability. This Circular applies to all agency participation

in voluntary consensus standards activities, domestic and

international, but not to activities carried out pursuant to treaties

and international standardization agreements.

5. Definitions. As used in this Circular:

a. Agency means any executive department, independent commission,

board, bureau, office, agency, Government-owned or controlled

corporation or other establishment of the Federal Government, including

any regulatory commission or board, except for independent regulatory

commissions insofar as they are subject to separate statutory

requirements regarding the use of voluntary consensus standards. It

does not include the legislative or judicial branches of the Federal

Government.

b. Conformity assessment means any procedures used directly or

indirectly to determine if relevant requirements in technical

regulations or standards are fulfilled. The activities which are

commonly termed ``conformity assessment'' include product testing,

inspection and/or certification, including self-certification;

accreditation of testing and calibration laboratories; and management

system registration (for both quality and environment). Conformity

assessment procedures include: sampling, testing and inspection,

evaluation, verification and assurance of conformity, laboratory

accreditation (for both testing and calibration), registration

accreditation, and approval.

[[Page 68314]]

c. Impractical, with respect to an agency's decision not to use an

existing voluntary consensus standard, includes circumstances in which

such use would demonstrably fail to serve the agency's program needs;

would be infeasible; would be unnecessarily duplicative, inadequate,

inefficient, or inconsistent with agency mission; or would impose more

burdens, or would be less useful, than the use of another standard.

d. Performance standard means a standard that states requirements

in terms of required results with criteria for verifying compliance but

without stating the methods for achieving required results. A

performance standard defines the functional requirements for the item,

the environment in which it must operate, and interface and

interchangeability characteristics, while a design standard specifies

design requirements, such as materials to be used, how a requirement is

to be achieved, or how an item is to be fabricated or constructed.

``Performance standard'' is a subset of ``standard'' as defined in

section 5f. of this Circular.

e. Secretary means the Secretary of Commerce or that Secretary's

designee.

f. Standard (or ``technical standard,'' as found in P.L. 104-113),

as used in this Circular, means: (1) Common and repeated use of rules,

conditions, guidelines or characteristics for products or related

processes and production methods; (2) the definition of terms;

classification of components; delineation of procedures; specification

of dimensions, materials, performance, designs, or operations;

measurement of quality and quantity in describing materials, products,

systems, services, or practices; or descriptions of fit and

measurements of size; (3) ``performance standard'' as defined above; or

(4) ``non-government standard'', which is defined as a standardization

document developed by a private sector association, organization or

technical society which plans, develops, establishes or coordinates

standards, specifications, handbooks, or related documents. The term

does not include professional standards of personal conduct,

institutional codes of ethics, or standards issued by individual

companies. It also does not include standards created under other legal

authority, such as those contained in the United States Pharmacopeia

and the National Formulary, as referenced in 21 U.S.C. 351. A

``Standard'' may also be a ``voluntary consensus standard,'' as defined

below, or it may be what are commonly referred to as ``industry

standards'' or ``de facto standards,'' which are developed by industry

associations which do not always adhere to the full consensus process.

g. Technical Standard, as used in this Circular, is synonymous with

``standard.'' Examples of technical standards include, but are not

limited to, size and strength specifications; technical performance

criteria for a product, process, or material; test methods; procurement

guidelines; sampling procedures; business practices; management

systems; definitional standards; and installation safety codes.

h. Use means (i) use of the latest edition of a standard in whole,

in part, or by reference for procurement purposes, and (ii) the

inclusion of the latest edition of a standard in whole, in part, or by

reference in regulation(s).

i. Voluntary consensus standards are standards developed or used by

voluntary consensus standards bodies, both domestic and international,

and which are made available in a manner which includes provisions

requiring that owners of relevant intellectual property have agreed to

make that intellectual property available on a non-discriminatory,

royalty-free or reasonable royalty basis to all interested parties. A

``Voluntary consensus standard'' may also be known in common usage as a

``voluntary standard,'' a ``consensus standard,'' or a ``consensus

technical standard.''

j. Voluntary consensus standards bodies are domestic or

international organizations which plan, develop, establish, or

coordinate voluntary standards using agreed-upon procedures. For

purposes of this Circular, ``voluntary, private sector, consensus

standards bodies,'' as cited in P.L. 104-113, is an equivalent term.

These bodies may include nonprofit organizations, industry

associations, accredited standards developers, professional and

technical societies, institutes, committees, task forces, or working

groups. P.L. 104-113 and this Circular encourage the participation of

government representatives in these bodies to increase the likelihood

that the standards they develop will meet both public and private

sector needs. A voluntary consensus standards body observes principles

such as openness, balance of interest, and due process. Further,

voluntary consensus standards bodies operate by consensus, which is

defined as general agreement, characterized by the absence of sustained

opposition to substantial issues by any important part of the concerned

interests. Consensus requires that all views and objections be

considered and that an effort be made toward their resolution.

6. Use and Development of Voluntary Consensus Standards. a.

Agencies shall use existing voluntary consensus standards, both

domestic and international, in their regulatory and procurement

activities as a means of carrying out policy objectives or activities

determined by the agencies, unless use of such standards would be

inconsistent with applicable law or otherwise impractical. Agencies

shall use such voluntary consensus standards for test methods,

procurement guidelines, management systems, sampling procedures, or

protocols to determine whether established regulatory limits or targets

have been met. This requirement does not preempt or restrict agencies'

authorities and responsibilities to make regulatory decisions

authorized by statute. Such regulatory authorities and responsibilities

include determining the level of acceptable risk; setting the level of

protection; and balancing risk, cost, and availability of technology in

establishing regulatory standards. Agencies retain discretion to

decline to use existing voluntary consensus standards if the agency

determines that such standards are inconsistent with applicable law or

otherwise impractical.

b. Agencies shall consult with voluntary consensus standards bodies

and shall participate with such bodies in their development and

adoption of voluntary consensus standards when, in the determination of

the agencies, participation is in the public interest and is compatible

with their missions, authorities, priorities, and budget resources.

Agency representatives shall refrain from actively participating in

voluntary consensus standards bodies or their committees when

involvement does not relate to the mission of the agency. In all cases,

agency representatives shall ensure that the agency's influence does

not dominate proceedings.

c. Agencies shall coordinate their participation in voluntary

consensus standards bodies so that: (1) The most effective use is made

of agency resources and representatives; (2) the views expressed by

such representatives are in the public interest and, at a minimum, do

not conflict with the interests and established views of the agencies;

(3) the positions among agencies serving on the same technical

committees are consistent with administration policy; and (4) agency

technical and policy positions are clearly defined and known in advance

to all federal participants on a given committee.

7. Guidelines. In implementing the policy established by this

Circular,

[[Page 68315]]

agencies should recognize the positive contribution of standards

development and related activities. When properly conducted, standards

development can increase productivity and efficiency in Government and

industry, expand opportunities for international trade, conserve

resources, improve health and safety, and protect the environment. It

also must be recognized, however, that these activities, if improperly

conducted, can suppress free and fair competition; impede innovation

and technical progress; exclude safer and less expensive products; or

otherwise adversely affect trade, commerce, health, or safety. Full

account in carrying out this policy shall be taken of the impact on the

economy, applicable Federal laws, policies, and national objectives,

including, for example, laws and regulations relating to antitrust,

national security, small business, product safety, environment,

metrication, technological development, and conflicts of interest. The

following guidelines are provided to assist and govern the agencies'

use of, and participation in the development and adoption of, voluntary

consensus standards.

a. Use of Voluntary Consensus Standards. (1) In the interests of

promoting trade and implementing the provisions of the Agreement on

Technical Barriers to Trade and the Agreement on Government Procurement

(commonly referred to as the Technical Barriers to Trade (TBT)

Agreement and the ``Procurement Code,'' respectively) of the World

Trade Organization, international standards (standards developed and/or

adopted by international voluntary consensus standards bodies) should

be considered in procurement and regulatory applications.

(2) In using voluntary consensus standards, preference should be

given to standards based on performance criteria when such criteria may

reasonably be used in lieu of design, material, or construction

criteria.

(3) Voluntary consensus standards used by agencies should be

referenced, along with their dates of issuance and sources of

availability, in appropriate publications, regulatory orders, and

related in-house documents. Such use should take into account the

rights of copyright holders and other similar obligations.

(4) Agencies should not be inhibited from developing and using

government standards in the event that voluntary consensus standards

bodies cannot or do not develop a needed, acceptable standard in a

timely fashion. Nor should this Circular be construed as committing any

agency to the use of a voluntary consensus standard which, after due

consideration, is determined by the agency to be inconsistent with

applicable law or otherwise impractical.

(5) Voluntary consensus standards may be identified through

databases of standards maintained by the National Institute of

Standards and Technology (NIST) or by voluntary consensus standards

bodies.

b. Participation in Voluntary Consensus Standards Bodies. (1)

Participation by knowledgeable agency employees in the standards

activities of voluntary consensus standards bodies, both domestic and

international, should be actively encouraged and promoted by agency

officials when consistent with P.L. 104-113 and this Circular.

(2) Agency employees who participate in standards activities of

voluntary consensus standards bodies shall do so as specifically

authorized agency representatives. Agency representatives shall refrain

from actively participating in standards development committees when

involvement in such committees does not relate to the mission of the

agency. Agency participation in voluntary consensus standards bodies

does not necessarily connote agency agreement with, or endorsement of,

decisions reached by such organizations.

(3) Agency representatives shall participate in such bodies'

development of voluntary consensus standards that:

(i) Will eliminate the necessity for development or maintenance of

separate Government standards; and

(ii) Will further such national goals and objectives as increased

use of the metric system of measurement; environmentally sound and

energy efficient materials, products, systems, services, or practices;

and public health and safety.

(4) Agency representatives serving as members of voluntary

consensus standards bodies should participate actively and on an equal

basis with other members. In doing so, agency representatives should

not seek to dominate such groups. Active participation includes full

involvement in discussions and technical debates, registering of

opinions and, if selected, serving as chairpersons or in other official

capacities. Agency representatives may vote, in accordance with the

procedures of the voluntary consensus standards body, at each stage of

standards development unless prohibited from doing so by law or their

agencies.

(5) The number of individual agency participants in a given

voluntary standards activity should be kept to the minimum required for

effective presentation of the various program, technical, or other

concerns of Federal agencies.

(6) Agency support provided to a voluntary consensus standards

activity shall be limited to that which is clearly in furtherance of an

agency's mission and responsibility. Agency support shall not be

contingent upon the outcome of the standards activity. Normally, the

total amount of Federal support should be no greater than that of all

other participants in that activity, except when it is in the direct

and predominant interest of the Government to develop or revise a

standard and its development or revision appears unlikely in the

absence of such support. The form of agency support, subject to legal

and budgetary authority, and availability of funds, may include:

(i) Direct financial support; e.g., grants, sustaining memberships,

and contracts;

(ii) Administrative support; e.g., travel costs, hosting of

meetings, and secretarial functions;

(iii) Technical support; e.g., cooperative testing for standards

evaluation and participation of agency personnel in the activities of

voluntary consensus standards bodies;

(iv) Joint planning with voluntary consensus standards bodies to

facilitate a coordinated effort in identifying and developing needed

standards; and

(v) Participation of agency personnel.

(7) Participation by agency representatives in the policy-making

processes of voluntary consensus standards bodies, in accordance with

the procedures of those bodies, is encouraged--particularly in matters

such as establishing priorities, developing procedures for preparing,

reviewing, and approving standards, and developing or adopting new

standards. In order to maintain the independence of such organizations,

however, agency representatives should refrain from involvement in the

internal management of such organizations (e.g., selection of salaried

officers and employees, establishment of staff salaries and

administrative policies).

(8) This Circular does not provide guidance concerning the internal

operating procedures that may be applicable to voluntary consensus

standards bodies because of their relationships to agencies under this

Circular. Agencies should, however, carefully consider what laws or

rules may apply in a particular instance because of these

relationships. For example, these relationships may involve the Federal

Advisory Committee Act, as amended (5 U.S.C. App. I), or a

[[Page 68316]]

provision of an authorizing statute for a particular agency.

c. Coordination of participation in voluntary consensus standards

bodies and standards activities. Agency Standards Executives,

designated under section 9c., shall coordinate agency participation in

voluntary consensus standards bodies. This coordination shall include,

but need not be limited to:

(1) Establishing procedures to ensure that agency representatives

participating in voluntary consensus standards bodies will, to the

extent possible, ascertain the views of the agency on matters of

paramount interest and will, at a minimum, express views that are not

inconsistent or in conflict with established agency views; and will, to

the extent possible, ensure that the agency's participation in

voluntary consensus standards bodies is consistent with agency

missions.

(2) Ensuring, when two or more agencies participate in a given

voluntary consensus standards body, that they coordinate their views on

matters of paramount importance so as to present, whenever feasible, a

single, unified position and, where not feasible, a mutual recognition

of differences;

(3) Cooperating with the Secretary in carrying out his/her

responsibilities under this Circular;

(4) Consulting with the Secretary, as necessary, in the development

and issuance of internal agency procedures and guidance implementing

this Circular, including the development and harmonized implementation

of an agency-wide directory identifying agency employees participating

in standards developing groups;

(5) Submitting, as described in section 10, in response to the

request of the Secretary, a report on exceptions to the use of existing

voluntary consensus standards and a report on the status of agency

standards policy activities; and

(6) Reviewing their existing standards within five years of

issuance of this Circular, and at least once every five years

thereafter, and replacing through applicable procedures those for which

an adequate and appropriate voluntary consensus standard can be

substituted.

8. Procedures. a. When issuing or revising a regulation, agencies

shall review for use existing voluntary consensus standards. Such

review shall include:

(1) A request for comment within the preamble of a Notice of

Proposed Rulemaking (NPRM). Such request shall provide:

(i) When an existing voluntary consensus standard is being proposed

for use, a statement which identifies such standard, as well as the

identity of any alternative voluntary consensus standards which may

have been identified and/or considered, and an explanation of why the

proposed standard should be used;

(ii) When the agency has determined to not propose for use an

existing voluntary consensus standard, a statement which identifies

such standard, provides a preliminary explanation for why such standard

would not be used, and invites the public to comment and to explain why

such standard or an alternative voluntary consensus standard should be

used; or

(iii) When no existing voluntary consensus standard has been

identified, a statement which invites the public to identify such

voluntary consensus standards and to explain why such standard should

be used; and

(2) A discussion in the preamble of a Final Rulemaking that

restates the discussion in the proposed rule, acknowledges and

summarizes any comments received and responds to them, and explains the

agency's final decision. The final rule shall provide:

(i) When an existing voluntary consensus standard is being used, a

statement that identifies such standard and any alternative voluntary

consensus standards which have been identified;

(ii) When an existing voluntary consensus standard is not being

used, a statement that identifies such standard and explains why such

use would be inconsistent with applicable law or otherwise impractical;

or

(iii) When no existing voluntary consensus standard has been

identified, a statement to that effect.

(b) When initiating a procurement, agencies shall consider using

existing voluntary consensus standards. (1) Where the solicitation is

for products that incorporate government-unique standards, the

solicitation shall include a statement which identifies the standards

to be used and provides offerors an opportunity to suggest alternatives

in the nature of existing voluntary consensus standards that meet the

government's requirements. Where such suggestions are made and do not

result in a replacement of government-unique standards by existing

voluntary consensus standards, the agency shall explain why such use is

inconsistent with law or otherwise impractical.

(2) Where the solicitation is for commercial, off-the-shelf

products, or for products that rely on existing voluntary consensus

standards, or for products that do not rely on government-unique

standards, the requirement in subsection (1) above shall not apply.

9. Responsibilities. a. The Secretary shall:

(1) Coordinate and foster executive branch implementation of this

Circular and may provide administrative guidance to assist agencies in

implementing this Circular;

(2) Continue the Interagency Committee on Standards Policy (ICSP),

chaired by the National Institute of Standards and Technology (NIST),

in order to consider their views and to advise the Secretary and agency

heads in the Circular;

(3) As described in section 10, report to the Office of Management

and Budget (OMB), with the assistance of NIST, concerning

implementation of the policy provisions of this Circular; and

(4) Establish procedures for agencies to use when developing

directories described in paragraph 7c(4) and establish procedures to

make these directories available to the public.

b. Heads of Agencies shall:

(1) Implement section 6 of this Circular in accordance with the

guidelines in section 7 and the procedures in section 8;

(2) In the case of an agency with significant interest in the use

of standards, designate a senior level official as the Standards

Executive who shall be responsible for agency-wide implementation of

this Circular and who shall represent the agency on the ICSP.

c. The Standards Executive's responsibilities shall include, but

not be limited to, those described in section 7c.

10. Reporting Requirements. a. Agency Reports on exceptions to use

of existing voluntary consensus standards. As required by P.L. 104-113,

beginning for fiscal year 1997 and every fiscal year thereafter,

agencies shall report to OMB, through NIST, no later than December 31

of the following fiscal year, any decisions by the agency during that

fiscal year to use a government-unique standard in lieu of an existing

voluntary consensus standard, along with an explanation of the

reason(s) why use of such standard would be inconsistent with

applicable law or otherwise impractical, as described in sections

8a.(2)(ii) and 8b.(1) of this Circular.

b. Agency Reports on Standards Policy Activities. To assist OMB in

its reporting to Congress, beginning for fiscal year 1996 and every

fiscal year thereafter, agencies shall submit information to OMB,

through NIST, on the status of agency interaction with voluntary

consensus standards bodies, no later than December 31 of the following

fiscal year. Such reporting

[[Page 68317]]

shall include the nature and extent of agency participation in the

development and use of voluntary consensus standards, including:

(1) The number of voluntary consensus standards bodies in which

there is agency participation;

(2) The number of voluntary consensus standards the agency has used

since the last report which have come about as a result of the

requirements set forth in sections 8a. and 8b. of this Circular;

(3) Identification of voluntary consensus standards that have been

substituted for other standards as a result of an agency review under

paragraph 7c(6) of this Circular;

(4) An evaluation of the effectiveness of the guidelines in section

7 and recommendations for any changes; and

c. No later than January 31 of the following fiscal year, NIST

shall transmit to OMB such explanations as are received under section

10a. and a summary report of the information received under section

10b.

10. Conformity Assessment. Section 12(b) of P.L. 104-113 requires

NIST to coordinate Federal, State, and local standards activities and

conformity assessment activities with private sector standards

activities and conformity assessment activities, with the goal of

eliminating unnecessary duplication and complexity in the development

and promulgation of conformity assessment requirements and measures. To

ensure effective coordination, NIST shall issue guidance to the

agencies.

11. Policy Review. This Circular shall be reviewed for

effectiveness by the OMB three years from the date of issuance.

12. Inquiries. For information concerning this Circular, contact

the Office of Management and Budget, Office of Information and

Regulatory Affairs: Telephone 202/395-3785.

[FR Doc. 96-32917 Filed 12-26-96; 8:45 am]

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