[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.