[Congressional Bills 104th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2779 Received in Senate (RDS)]
104th CONGRESS
2d Session
H. R. 2779
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
July 24, 1996
Received
July 29, 1996
Read twice and referred to the Committee on Commerce, Science, and
Transportation
_______________________________________________________________________
AN ACT
To provide for appropriate implementation of the Metric Conversion Act
of 1975 in Federal construction projects, 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
1996''.
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 agencies are requiring as a
condition of obtaining Federal construction contracts that all
bidders must agree to use products measured in round metric
units, materials which are known as ``hard-metric'' products.
This can require retooling, substantial capitalization costs,
and other expensive production changes for some suppliers to
physically change the size of the product.
(3) This ``hard-metric'' conversion requirement has
sometimes been imposed without appropriate regard to whether
that method is impractical or likely to cause significant costs
or a loss of markets to United States firms.
(4) Some United States businesses that manufacture basic
construction products suffer harm by being forced to convert to
hard-metric production, or by being foreclosed from effectively
bidding on Federal or federally assisted projects.
(5) This ``hard-metric'' conversion requirement may place
domestic producers at a competitive disadvantage with respect
to foreign producers; may reduce the number of companies that
may compete for contracts with the Federal Government; and may
force manufacturers to maintain double inventories of similar
but incompatible products.
(6) This ``hard-metric'' conversion requirement has
unnecessarily raised the cost to the Government of some
lighting and concrete masonry products and there is consensus
that relief is in order.
(7) While the Metric Conversion Act of 1975 currently
provides an exception to metric usage when impractical or when
it will cause economic inefficiencies, there is need for
ombudsmen and procedures to ensure the effective implementation
of the exceptions.
(8) The changes made by this Act will advance the goals of
the Metric Conversion Act of 1975 while eliminating significant
problems in its implementation.
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 (7), respectively;
(2) by inserting after paragraph (1) the following new
paragraph:
``(2) `converted product' means a material or product that
is produced as a result of a hard-metric conversion;'';
(3) by inserting after paragraph (3) the following new
paragraphs:
``(4) `hard-metric' means measurement, design, and
manufacture using the metric system 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;
``(5) `hard-metric conversion' means a conversion that
requires, in addition to the expression of the linear
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 the system of English
measurements in 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 striking the period at the end of paragraph (7), as
so redesignated by paragraph (1) of this section, and inserting
in lieu thereof ``; and''; and
(6) by adding at the end the following new paragraph:
``(8) `small business' has the meaning given the term
`small business concern' in section 3 of the Small Business Act
(15 U.S.C. 632).''.
SEC. 4. IMPLEMENTATION EXCEPTIONS.
The Metric Conversion Act of 1975 (15 U.S.C. 205a et seq.) is
amended by inserting after section 11 the following new section:
``Sec. 12. (a) In carrying out the policy set forth in section 3
(with particular emphasis on the policy set forth in paragraph (2) of
that section) a Federal agency may require that specifications for
structures or systems of concrete masonry be expressed under the metric
system of measurement, but may not require that concrete masonry units
be converted products.
``(b) In carrying out the policy set forth in section 3 (with
particular emphasis on the policy set forth in paragraph (2) of that
section) a Federal agency may not require that lighting fixtures be
converted products unless the predominant voluntary industry consensus
standards are hard-metric.''.
SEC. 5. OMBUDSMAN.
Section 12 of the Metric Conversion Act of 1975, as added by
section 4 of this Act, is further amended by adding at the end the
following new subsection:
``(c)(1) The head of each executive agency that awards construction
contracts shall designate a senior agency official to serve as a
construction metrication ombudsman who shall be responsible for
reviewing and responding to complaints from prospective bidders,
subcontractors, suppliers, or their designated representatives related
to--
``(A) guidance or regulations issued by the agency on the
use of the metric system of measurement in construction
contracts; and
``(B) the use of the metric system of measurement for
products or materials required for incorporation in individual
construction projects.
The construction metrication ombudsman shall be independent of the
contracting officer for construction contracts.
``(2) The ombudsman shall be responsible for ensuring that the
agency is not implementing the metric system of measurement in a manner
that is impractical or is likely to cause significant inefficiencies or
loss of markets to United States firms in violation of the policy
stated in section 3(2), or is otherwise inconsistent with guidance
issued by the Secretary of Commerce in consultation with the
Interagency Council on Metric Policy.
``(3) The ombudsman shall respond to each complaint in writing
within 30 days and make a recommendation to the head of the executive
agency for an appropriate resolution thereto. In such a recommendation,
the ombudsman shall consider--
``(A) the availability of converted products and hard
metric production capacity of United States firms, or lack
thereof;
``(B) retooling costs and capital investment impacts;
``(C) the impact on small business;
``(D) the impact on trade;
``(E) the impact on competition for Federal contracts;
``(F) the impact on jobs;
``(G) the impact on the competitiveness of United States
firms; and
``(H) the cost to the Federal Government.
``(4) After the head of the agency has rendered a decision
regarding a recommendation of the ombudsman, the ombudsman shall be
responsible for communicating the decision to all appropriate policy,
design, planning, procurement, and notifying personnel in the agency.
The ombudsman shall conduct appropriate monitoring as required to
ensure the decision is implemented, and may submit further
recommendations, as needed. The head of the agency's decision on the
ombudsman's recommendations, and any supporting documentation, shall be
provided to affected parties and made available to the public in a
timely manner.''.
Passed the House of Representatives July 23, 1996.
Attest:
ROBIN H. CARLE,
Clerk.