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."
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 (insert date 60 days after date of publication
in the FEDERAL REGISTER).
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: huth_v@a1.eop.gov.
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 /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 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
- 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.
- Rescissions.
This Circular supersedes OMB Circular No. A-119, dated October
20, 1993, which is rescinded.
- 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."
- 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.
- 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.
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.
- 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.
- Guidelines.
In implementing the policy established by this Circular, 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 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.
- 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.
- 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.
- 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 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.
- 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.
- Policy
Review. This Circular shall be reviewed for effectiveness
by the OMB three years from the date of issuance.
- Inquiries.
For information concerning this Circular, contact the Office of
Management and Budget, Office of Information and Regulatory Affairs:
Telephone 202/395-3785.
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