[Congressional Bills 104th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2779 Introduced in House (IH)]
104th CONGRESS
1st Session
H. R. 2779
To provide for soft-metric conversion, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
December 14, 1995
Mr. Cox of California (for himself, Mr. Hefner, Mr. Chambliss, Mr.
Forbes, Mr. Goodlatte, Mr. Hilleary, Mr. Jones, Mr. Latham, Mr. Linder,
Mr. Rohrabacher, Mr. Shadegg, Mr. Spratt, Mr. Taylor of North Carolina,
and Mr. Wicker) introduced the following bill; which was referred to
the Committee on Science
_______________________________________________________________________
A BILL
To provide for soft-metric conversion, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Savings in Construction Act of
1995''.
SEC. 2. FINDINGS.
The Congress finds the following:
(1) The Metric Conversion Act of 1975 was enacted in order
to set forth the policy of the United States to convert to the
metric system. Section 3 of that Act requires that each Federal
agency use the metric system of measurement in its
procurements, 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) Currently, many Federal construction contracting
officers are requiring as a condition of obtaining Federal
contracts that all bidders must agree to use products measured
in round metric units, materials which are known as ``hard-
metric'' products. This requires retooling, substantial
capitalization costs, and other expensive production changes
for most construction firms and suppliers to physically change
the size of the product.
(3) This ``hard-metric'' conversion requirement is often
being imposed only for the purpose of achieving rounded
numbers, and without regard to whether that method is
impractical or likely to cause significant costs or a loss of
markets to United States firms.
(4) United States businesses that manufacture basic
construction products suffer great upheaval by being forced to
either convert to hard-metric production, or be foreclosed from
effectively bidding on Federal or federally assisted projects.
(5) This ``hard-metric'' conversion requirement places
domestic producers at a competitive disadvantage with respect
to foreign producers; reduces the number of companies that may
compete for contracts with the Federal Government; and forces
manufacturers to maintain double inventories of similar but
incompatible products.
(6) This ``hard-metric'' conversion requirement raises the
cost to taxpayers of Federal construction projects, since the
Federal Government is often required to pay additional costs,
known as a ``metric premium,'' to procure hard-metric products.
(7) ``Soft-metric'' conversion would be a less costly and
less intrusive way of meeting the goals of Section 3 of the
Metric Conversion Act of 1975. The product itself would remain
the same size; its dimensions simply would be expressed in
metric units.
(8) As the application of the soft-metric conversion
mandates no change in the size of the product, the goals of the
Metric Conversion Act of 1975 will be achieved without
excessive economic upheaval.
SEC. 3. DEFINITIONS.
Section 4 of the Metric Conversion Act of 1975 (15 U.S.C. 205c) is
amended--
(1) by redesignating paragraphs (2), (3), and (4) as
paragraphs (3), (6), and (8), respectively;
(2) by inserting after paragraph (1) the following new
paragraph:
``(2) `domestic manufacturer' means a manufacturer at least
51 percent of whose production occurs in the United States;'';
(3) by inserting after paragraph (3), as so redesignated by
paragraph (1) of this section, the following new paragraphs:
``(4) `hard-metric product' means a material or product
that is--
``(A) produced as a result of a hard-metric
conversion; or
``(B) identical to a material or product described
in subparagraph (A), although originally produced in
metric-based dimensions;
``(5) `hard-metric conversion' means a conversion that
requires, in addition to the expression of the dimensions of a
product under the metric system of measurement, a physical
change in the size of that product relative to the size of that
product established under existing production practices of the
appropriate industry;'';
(4) by striking ``and'' at the end of paragraph (6), as so
redesignated by paragraph (1) of this section;
(5) by inserting after paragraph (6), as so redesignated by
paragraph (1) of this section, the following new paragraph:
``(7) `industry' has the meaning provided that term by the
Board by regulation;'';
(6) by striking the period at the end of paragraph (8), as
so redesignated by paragraph (1) of this section, and inserting
in lieu thereof a semicolon; and
(7) by adding at the end the following new paragraphs:
``(9) `soft-metric product' means a material or product
that is produced as a result of a soft-metric conversion;
``(10) `soft-metric conversion' means a conversion that
requires the expression of the dimensions of a product under
the metric system of measurement without changing the physical
size of the product relative to the size of that product
established under existing production practices of the
appropriate industry; and
``(11) `small business' means a business that would be a
small business under the Standard Industrial Classification
codes and size standards in section 121.601 of title 13 of the
Code of Federal Regulations as in effect on the date of the
enactment of this paragraph.''.
SEC. 4. METRIC CONVERSION.
Section 12 of the Metric Conversion Act of 1975 (15 U.S.C. 205j-1)
is amended by striking subsection (b) and inserting in lieu thereof the
following new subsections:
``(b) No agency of the Federal Government may develop, implement,
or continue the use of construction design or procurement guidelines
that require the use of a hard-metric product if a majority of the
contracts that would be proposed pursuant to such guidelines would be
likely to result in a certification described in subsection (c)(3)(A).
``(c) No agency of the Federal Government may establish or apply a
bidding requirement or preference with respect to any federally
assisted construction contract that specifies the use of a hard-metric
product if--
``(1) the use of soft-metric product is technologically
feasible; and
``(2) an appropriate representative (as selected pursuant
to subsection (d) of the industry that manufactures the
product) notifies the agency, within 30 days after enactment of
this Act, that the representative makes certification or
intends to make certification under paragraph (3)(A); and
either--
``(3) the certification establishes or will establish
that--
``(A) such industry-specific or product-specific
factors exist that--
``(i)(I) the product is not readily
available as a hard-metric product from 50
percent or more of the domestic manufacturers
in the United States; or
``(II) a hard-metric product does not
constitute 50 percent or more of the total
production of that product by that industry;
``(ii) a hard-metric conversion would
require domestic manufacturers that are small
businesses that produce the product to incur
capital outlays in an average amount greater
than $25,000 per manufacturer to invest in new
equipment to produce a hard-metric product; and
``(iii)(I) based on the economic situation
and customs of the industry, any potential
offsetting benefits that could be achieved by
that industry by carrying out a hard metric
conversion to produce that product would be
negligible or
``(II) hard metric conversion would
substantially reduce competition for Federal
contracts and increase by 1 percent or more the
per unit cost of that product; or
``(III) hard metric conversion would create
a special hardship with respect to domestic
manufacturers that are small businesses by
placing those manufacturers at a competitive
disadvantage with respect to foreign
competitors; or
``(4) less that 180 days have elapsed after the appropriate
representative has been notified of a proposed contract
specifying hard-metric product.
``(d) The head of each agency of the Federal Government shall
establish a list of appropriate representatives of each industry that
may make a certification under subsection (c)(3)(A). The agency head
shall update that list on an annual basis. The list shall include
appropriate professional or trade associations that are recognized as
representing the industries.
``(e) When an appropriate representative submits a certification
under subsection (c)(3)(A), the representative shall also submit a list
of domestic manufacturers that have the capability to manufacture the
product that is the subject of the certification as a soft-metric
product.''.
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