15 U.S.C. § 205a — Congressional statement of findings

Page 634 TITLE 15—COMMERCE AND TRADE § 204 TRANSFER OF FUNCTIONS Act Feb. 14, 1903, transferred National Bureau of Standards from Treasury Department to Department of Commerce and Labor. § 204. Metric system authorized It shall be lawful throughout the United States of America to employ the weights and measures of the metric system; and no contract or dealing, or pleading in any court, shall be deemed invalid or liable to objection because the weights or measures expressed or referred to therein are weights or measures of the metric system. (R.S. § 3569.) Editorial Notes CODIFICATION R.S. § 3569 derived from act July 28, 1866, ch. 301, § 1, 14 Stat. 339. Statutory Notes and Related Subsidiaries STUDY OF METRIC SYSTEM BY THE SECRETARY OF COMMERCE Pub. L. 90–472, Aug. 9, 1968, 82 Stat. 693, authorized the Secretary of Commerce to conduct a program of in- vestigation, research, and survey to determine the im- pact of increasing worldwide use of the metric system on the United States; to appraise the desirability and practicability of increasing the use of metric weights and measures in the United States; to study the feasi- bility of retaining and promoting by international use of dimensional and other engineering standards based on the customary measurement units of the United States; and to evaluate the costs and benefits of alter- native courses of action which might be feasible for the United States. The Secretary was directed to submit to the Congress such interim reports as he deemed desir- able, and within three years after Aug. 9, 1968, a full and complete report of the findings made under the study, together with such recommendations as he con- sidered to be appropriate and in the best interests of the United States. By its own terms, the Act expired thirty days after the submission of the final report. § 205. Metric system defined The metric system of measurement shall be defined as the International System of Units as established in 1960, and subsequently main- tained, by the General Conference of Weights and Measures, and as interpreted or modified for the United States by the Secretary of Com- merce. (R.S. § 3570; Pub. L. 110–69, title III, § 3013(c)(1), Aug. 9, 2007, 121 Stat. 598.) Editorial Notes CODIFICATION R.S. § 3570 derived from act July 28, 1866, ch. 301, § 2, 14 Stat. 339, 340. AMENDMENTS 2007—Pub. L. 110–69 amended section generally. Prior to amendment, section read as follows: ‘‘The tables in the schedule annexed shall be recognized in the con- struction of contracts and in all legal proceedings as establishing, in terms of the weights and measures on June 22, 1874, in use in the United States, the equiva- lents of the weights and measures expressed therein in terms of the metric system; and the tables may law- fully be used for computing, determining, and express- ing in customary weights and measures the weights and measures of the metric system.’’ SUBCHAPTER II—METRIC CONVERSION § 205a. Congressional statement of findings The Congress finds as follows: (1) The United States was an original signa- tory party to the 1875 Treaty of the Meter (20 Stat. 709), which established the General Con- ference of Weights and Measures, the Inter- national Committee of Weights and Measures and the International Bureau of Weights and Measures. (2) Although the use of metric measurement standards in the United States has been au- thorized by law since 1866 (Act of July 28, 1866; 14 Stat. 339), this Nation today is the only in- dustrially developed nation which has not es- tablished a national policy of committing itself and taking steps to facilitate conversion to the metric system. (3) World trade is increasingly geared to- wards the metric system of measurement. (4) Industry in the United States is often at a competitive disadvantage when dealing in international markets because of its non- standard measurement system, and is some- times excluded when it is unable to deliver goods which are measured in metric terms. (5) The inherent simplicity of the metric system of measurement and standardization of weights and measures has led to major cost savings in certain industries which have con- verted to that system. (6) The Federal Government has a responsi- bility to develop procedures and techniques to assist industry, especially small business, as it voluntarily converts to the metric system of measurement. (7) The metric system of measurement can provide substantial advantages to the Federal Government in its own operations. (Pub. L. 94–168, § 2, Dec. 23, 1975, 89 Stat. 1007; Pub. L. 100–418, title V, § 5164(a), Aug. 23, 1988, 102 Stat. 1451.) Editorial Notes REFERENCES IN TEXT Act of July 28, 1866; 14 Stat. 339, referred to in par. (2), is predecessor of R.S. § 3569 authorizing use of the met- ric system, which is classified to section 204 of this title. AMENDMENTS 1988—Pars. (3) to (7). Pub. L. 100–418 added pars. (3) to (7). Statutory Notes and Related Subsidiaries SHORT TITLE OF 1996 AMENDMENT Pub. L. 104–289, § 1, Oct. 11, 1996, 110 Stat. 3411, pro- vided that: ‘‘This Act [enacting section 205l of this title, amending sections 205c and 205l of this title, and enacting provisions set out as notes under this section and section 205c of this title] may be cited as the ‘Sav- ings in Construction Act of 1996’.’’ SHORT TITLE Pub. L. 94–168, § 1, Dec. 23, 1975, 89 Stat. 1007, provided: ‘‘That this Act [enacting this subchapter] may be cited as the ‘Metric Conversion Act of 1975’.’’ Page 635 TITLE 15—COMMERCE AND TRADE § 205a CONGRESSIONAL STATEMENT OF FINDINGS; METRIC CONVERSION IN FEDERAL CONSTRUCTION PROJECTS Pub. L. 104–289, § 2, Oct. 11, 1996, 110 Stat. 3411, pro- vided that: ‘‘The Congress finds the following: ‘‘(1) The Metric Conversion Act of 1975 [15 U.S.C. 205a et seq.] was enacted in order to set forth the pol- icy of the United States to convert to the metric sys- tem. Section 3 of that Act [15 U.S.C. 205b] requires that each Federal agency use the metric system of measurements in its procurement, grants, and other business-related activities, unless that use is likely to cause significant cost or loss of markets to United States firms, such as when foreign competitors are producing competing products in non-metric units. ‘‘(2) In accordance with that Act and Executive Order 12770, of July 25, 1991 [set out below], Federal agencies increasingly construct new Federal build- ings in round metric dimensions. As a result, compa- nies that wish to bid on Federal construction projects increasingly are asked to supply materials or prod- ucts in round metric dimensions. ‘‘(3) While the Metric Conversion Act of 1975 cur- rently provides an exemption to metric usage when impractical or when such usage will cause economic inefficiencies, amendments are warranted to ensure that the use of specific metric components in metric construction projects do not increase the cost of Fed- eral buildings to the taxpayers.’’ Executive Documents EX. ORD. NO. 12770. METRIC USAGE IN FEDERAL GOVERNMENT PROGRAMS Ex. Ord. No. 12770, July 25, 1991, 56 F.R. 35801, pro- vided: By the authority vested in me as President by the Constitution and the laws of the United States of America, including the Metric Conversion Act of 1975, Public Law 94–168 (15 U.S.C. 205a et seq.) (‘‘the Metric Conversion Act’’), as amended by section 5164 of the Omnibus Trade and Competitiveness Act of 1988, Public Law 100–418 (‘‘the Trade and Competitiveness Act’’), and in order to implement the congressional designa- tion of the metric system of measurement as the pre- ferred system of weights and measures for United States trade and commerce, it is hereby ordered as fol- lows: SECTION 1. Coordination by the Department of Commerce. (a) The Secretary of Commerce (‘‘Secretary’’) is des- ignated to direct and coordinate efforts by Federal de- partments and agencies to implement Government metric usage in accordance with section 3 of the Metric Conversion Act (15 U.S.C. 205b), as amended by section 5164(b) of the Trade and Competitiveness Act. (b) In furtherance of his duties under this order, the Secretary is authorized: (1) to charter an Interagency Council on Metric Pol- icy (‘‘ICMP’’), which will assist the Secretary in coordi- nating Federal Government-wide implementation of this order. Conflicts and questions regarding implemen- tation of this order shall be resolved by the ICMP. The Secretary may establish such subcommittees and sub- chairs within this Council as may be necessary to carry out the purposes of this order.[;] (2) to form such advisory committees representing other interests, including State and local governments and the business community, as may be necessary to achieve the maximum beneficial effects of this order; and (3) to issue guidelines, to promulgate rules and regu- lations, and to take such actions as may be necessary to carry out the purposes of this order. Regulations promulgated by the Secretary shall function as policy guidelines for other agencies and departments. (c) The Secretary shall report to the President annu- ally regarding the progress made in implementing this order. The report shall include: (1) an assessment of progress made by individual Fed- eral agencies towards implementing the purposes un- derlying this order; (2) an assessment of the effect that this order has had on achieving the national goal of establishing the met- ric system as the preferred system of weights and measures for United States trade and commerce; and (3) on October 1, 1992, any recommendations which the Secretary may have for additional measures, in- cluding proposed legislation, needed to achieve the full economic benefits of metric usage. SEC. 2. Department and Agency Responsibilities. All ex- ecutive branch departments and agencies of the United States Government are directed to take all appropriate measures within their authority to carry out the provi- sions of this order. Consistent with this mission, the head of each executive department and agency shall: (a) use, to the extent economically feasible by Sep- tember 30, 1992, or by such other date or dates estab- lished by the department or agency in consultation with the Secretary of Commerce, the metric system of measurement in Federal Government procurements, grants, and other business-related activities. Other business-related activities include all use of measure- ment units in agency programs and functions related to trade, industry, and commerce. (1) Metric usage shall not be required to the extent that such use is impractical or is likely to cause sig- nificant inefficiencies or loss of markets to United States firms. (2) Heads of departments and agencies shall establish an effective process for a policy-level and program- level review of proposed exceptions to metric usage. Appropriate information about exceptions granted shall be included in the agency annual report along with recommendations for actions to enable future metric usage. (b) seek out ways to increase understanding of the metric system of measurement through educational in- formation and guidance and in Government publica- tions. The transition to use of metric units in Govern- ment publications should be made as publications are revised on normal schedules or new publications are de- veloped, or as metric publications are required in sup- port of metric usage pursuant to paragraph (a) of this section. (c) seek the appropriate aid, assistance, and coopera- tion of other affected parties, including other Federal, State, and local agencies and the private sector, in im- plementing this order. Appropriate use shall be made of governmental, trade, professional, and private sector metric coordinating groups to secure the maximum benefits of this order through proper communication among affected sectors. (d) formulate metric transition plans for the depart- ment or agency which shall incorporate the require- ments of the Metric Conversion Act and this order, and which shall be approved by the department or agency head and be in effect by November 30, 1991. Copies of ap- proved plans shall be forwarded to the Secretary of Commerce. Such metric transition plans shall specify, among other things: (1) the total scope of the metric transition task for that department or agency, including firm dates for all metric accomplishment milestones for the current and subsequent fiscal year; (2) plans of the department or agency for specific ini- tiatives to enhance cooperation with industry, espe- cially small business, as it voluntarily converts to the metric system, and with all affected parties in under- taking the requirements of paragraph (a) of this sec- tion; and (3) specific steps and associated schedules through which the department or agency will seek to increase understanding of the metric system through edu- cational information and guidance, and in department or agency publications. (e) designate a senior-level official as the Metric Ex- ecutive for the department or agency to assist the head of each executive department or agency in imple- menting this order. The responsibilities of the Metric Executive shall include, but not be limited to: (1) acting as the department’s or agency’s policy- level representative to the ICMP and as a liaison with other government agencies and private sector groups: Page 636 TITLE 15—COMMERCE AND TRADE § 205b 1 So in original. Probably should be followed by a closing parenthesis. 2 So in original. Probably should be ‘‘Veterans’’. (2) management oversight of department or agency outreach and response to inquiries and questions from affected parties during the transition to metric system usage; and (3) management oversight of preparation of the de- partment’s or agency’s metric transition plans and progress reports, including the Annual Metric Report required by 15 U.S.C. 205j and OMB Circular A–11. (4) preparation by June 30, 1992, of an assessment of agency progress and problems, together with rec- ommendations for steps to assure successful implemen- tation of the Metric Conversion Act. The assessment and recommendations shall be approved by the head of the department or agency and provided to the Sec- retary by June 30, 1992, for inclusion in the Secretary’s October 1, 1992, report on implementation of this order. SEC. 3. Application of Resources. The head of each exec- utive department and agency shall be responsible for implementing and applying the necessary resources to accomplish the goals set forth in the Metric Conversion Act and this order. SEC. 4. Judicial Review. This order is intended only to improve the internal management of the executive branch and is not intended to create any right or ben- efit, substantive or procedural, enforceable at law by a party against the United States, its agencies, its offi- cers, or any other person. GEORGE BUSH. § 205b. Declaration of policy It is therefore the declared policy of the United States— (1) to designate the metric system of meas- urement as the preferred system of weights and measures for United States trade and commerce; (2) to require that each Federal agency, by a date certain and to the extent economically feasible by the end of the fiscal year 1992, use the metric system of measurement in its pro- curements, grants, and other business-related activities, except to the extent that such use is impractical or is likely to cause significant inefficiencies or loss of markets to United States firms, such as when foreign competi- tors are producing competing products in non- metric units; (3) to seek out ways to increase under- standing of the metric system of measurement through educational information and guidance and in Government publications; and (4) to permit the continued use of traditional systems of weights and measures in non-busi- ness activities. (Pub. L. 94–168, § 3, Dec. 23, 1975, 89 Stat. 1007; Pub. L. 100–418, title V, § 5164(b), Aug. 23, 1988, 102 Stat. 1452.) Editorial Notes AMENDMENTS 1988—Pub. L. 100–418 amended section generally. Prior to amendment, section read as follows: ‘‘It is therefore declared that the policy of the United States shall be to coordinate and plan the increasing use of the metric system in the United States and to establish a United States Metric Board to coordinate the voluntary con- version to the metric system.’’ Statutory Notes and Related Subsidiaries IMPLEMENTATION OF METRIC USAGE IN FEDERAL GOVERNMENT Secretary of Commerce designated to direct and co- ordinate implementation of Government metric usage, see section 1 of Ex. Ord. No. 12770, July 25, 1991, 56 F.R. 35801, set out as a note under section 205a of this title. § 205c. Definitions As used in this subchapter, the term— (1) ‘‘Board’’ means the United States Metric Board, established under section 205d of this title; (2) ‘‘engineering standard’’ means a standard which prescribes (A) a concise set of condi- tions and requirements that must be satisfied by a material, product, process, procedure, convention, or test method; and (B) the phys- ical, functional, performance and/or conform- ance characteristics thereof; (3) ‘‘international standard or recommenda- tion’’ means an engineering standard or rec- ommendation which is (A) formulated and pro- mulgated by an international organization and (B) recommended for adoption by indi- vidual nations as a national standard; (4) ‘‘metric system of measurement’’ means the International System of Units as estab- lished by the General Conference of Weights and Measures in 1960 and as interpreted or modified for the United States by the Sec- retary of Commerce; (5) ‘‘full and open competition’’ has the same meaning as defined in section 107 of title 41; (6) ‘‘total installed price’’ means the price of purchasing a product or material, trimming or otherwise altering some or all of that product or material, if necessary to fit with other building components, and then installing that product or material into a Federal facility; (7) ‘‘hard-metric’’ means measurement, de- sign, and manufacture using the metric sys- tem of measurement, but does not include measurement, design, and manufacture using English system measurement units which are subsequently reexpressed in the metric system of measurement; (8) ‘‘cost or pricing data or price analysis’’ has the meaning given such terms in section 3501(a) of title 41; and (9) ‘‘Federal facility’’ means any public building (as defined under section 3301(a) of title 40 1 and shall include any Federal build- ing or construction project— (A) on lands in the public domain; (B) on lands used in connection with Fed- eral programs for agriculture research, recreation, and conservation programs; (C) on or used in connection with river, harbor, flood control, reclamation, or power projects; (D) on or used in connection with housing and residential projects; (E) on military installations (including any fort, camp, post, naval training station, airfield, proving ground, military supply depot, military school, or any similar facil- ity of the Department of Defense); (F) on installations of the Department of Veteran 2 Affairs used for hospital or domi- ciliary purposes; or (G) on lands used in connection with Fed- eral prisons,