Public Law 94-168

                                      AN ACT


                                Public Law 94-168

                            94th Congress, H.R. 8674

                                December 23, 1975

                                   Amended by

                               Public Law 100-418

                            100th Congress, H.R. 4848

                                 August 23, 1988


        ÚÄÄ NOTE ÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄ¿

        ³         Public Law 100-418 amendments are indicated by:       ³

        ³            *   additions shown as;   +[ added text   ]+       ³

        ³            *   deletions shown as;   -[ deleted text ]-       ³

        ÀÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÙ


          Be it enacted by the Senate and House of Representatives of the

        United States of America in Congress Assembled, That this Act may

        be cited as the "Metric Conversion Act of 1975".

        

        Sec. 2. The Congress finds as follows:

            (1) The United States was an original signatory party to the

          1875 Treaty of the Meter (20 Stat. 709), which established the

          General Conference of Weights and Measures, the International

          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 authorized by law since 1866 (Act of

          July 28 1866; 14 Stat. 339), this Nation today is the only

          industrially developed nation which has not established a

          national policy of committing itself and taking steps to

          facilitate conversion to the metric system.

    +[      (3) World trade is increasingly geared  towards 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 nonstandard measurement system, and is sometimes 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        ]+

    +[    converted to that system.                                         ]+

    +[      (6) The Federal Government has a responsibility 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.       ]+


    -[  Sec.3. 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 conversion to the metric   ]-

    -[  system.


    +[  Sec.3. It is therefore the declared policy of the United States --  ]+


        15 U.S.C. s 205a et seq.

        Pub. Law 94-168 Amended         2               December 23, 1975


    +[      (1) to designate the metric system of measurement 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 procurements,   ]+

    +[    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 competitors are producing competing   ]+

    +[    products in non-metric units.                                     ]+

    +[      (3) to seek out ways to increase understanding 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 nonbusiness activities.                   ]+


        Sec. 4. As used in this Act, the term-

            (1) "Board" means the United States Metric Board, established

          under section 5 of this title;

            (2) "engineering standard" means a standard which prescribes

          (A) a concise set of conditions and requirements that must be

          satisfied by a material, product. process, procedure, convention,

          or test method; and (B) the physical. functional. performance

          and/or conformance characteristics thereof;

            (3) "international standard or recommendation" means an

          engineering standard or recommendation which is (A) formulated

          and promulgated by an international organization and (B)

          recommended for adoption by individual nations as a national

          standard; and

            (4) "metric system of measurement" means the International

          System of Units as established by the General Conference of

          Weights and Measures in 1960 and as interpreted or modified for

          the United States by the Secretary of Commerce.


        Sec.5. (a) There is established, in accordance with this section,

        an independent instrumentality to be known as a United States

        Metric Board.

          (b) The Board shall consist of 17 individuals, as follows:

               (1) the Chairman, a qualified individual who shall be

             appointed by the President, by and with the advice and consent

             of the Senate;

               (2) sixteen members who shall be appointed by the President,

             by and with the advice and consent of the Senate, on the

             following basis-

                  (A) one to be selected from lists of qualified

             individuals recommended by engineers and organizations

             representative of engineering interests;

                  (B) one to be selected from lists of qualified

             individuals recommended by scientists, the scientific and

             technical community, and organizations representative of

             scientists and technicians;

                  (C) one to be selected from a list of qualified

             individuals recommended by the National Association of

             Manufacturers or its successor;


        15 U.S.C. s 205a et seq.

        Pub. Law 94-168 Amended         3               December 23, 1975


                  (D) one to be selected from lists of qualified

             individuals recommended by the United States Chamber of

             Commerce, or its successor, retailers, and other commercial

             organizations;

                  (E) two to be selected from lists of qualified

             individuals recommended by the American Federation of labor

             and Congress of Industrial Organizations or its successor, who

             are representative of workers directly affected by metric

             conversion, and by other organizations representing labor;

                  (F) one to be selected from a list of qualified

             individuals recommended by the National Governors Conference,

             the National Council of State legislatures, and organizations

             representative of State and local government;

                  (G) two to be selected from lists of qualified

             individuals recommended by organizations representative of

             small business;

                  (H) one to be selected from lists of qualified

             individuals representative of the construction industry;

                  (I) one to be selected from a list of qualified

             individuals recommended by the National Conference on Weights

             and Measures and standards making organizations;

                  (J) one to be selected from lists of qualified

             individuals recommended by educators, the educational

             community, and organizations representative of educational

             interests; and

                  (K) four at-large members to represent consumers and

             other interests deemed suitable by the President and who shall

             be qualified individuals.

        As used in this subsection, each "list" shall include the names of

        at least three individuals for each applicable vacancy, The terms

        of office of the members of the Board first taking office shall

        expire as designated by the President at the time of nomination;

        five at the end of the 2d year; five at the end of the 4th year;

        and six at the end of the 6th year. The term of office of the

        Chairman of such Board shall be 6 years.  Members, including the

        Chairman, may be appointed to an additional term of 6 years, in the

        same manner as the original appointment.  Successors to members of

        such Board shall be appointed in the same manner as the original

        members and shall have terms of office expiring 6 years from the

        date of expiration of the terms for which their predecessors were

        appointed. Any individual appointed to fill a vacancy occurring

        prior to the expiration of any term of office shall be appointed

        for the remainder of that term. Beginning 45 days after the date of

        incorporation of the Board, six members of such Board shall

        constitute a quorum for the transaction of any function of the

        Board.

            (c) Unless otherwise provided by the Congress, the Board shall

        have no compulsory powers.

            (d) The Board shall cease to exist when the Congress, by law,

        determines that its mission has been accomplished.


        Sec. 6. It shall be the function of the Board to devise and carry

        out a broad program of planning, coordination, and public

        education, consistent with other national policy and interests,

        with the aim of implementing the policy set forth in this Act. In


        15 U.S.C. s 205a et seq.

        Pub. Law 94-168 Amended         4               December 23, 1975


        carrying out this program, the Board shall-

            (1) consult with and take into account the interests, views,

          and conversion costs of United States commerce and industry,

          including small business; science; engineering; labor; education;

          consumers; government agencies at the Federal, State, and local

          level; nationally recognized standards developing and

          coordinating organizations; metric conversion planning and

          coordinating groups; and such other Individuals or groups as are

          considered appropriate by the Board to the carrying out of the

          purposes of this Act, The Board shall take into account

          activities underway in the private and public sectors, so as not

          to duplicate unnecessarily such activities;

            (2) provide for appropriate procedures whereby various groups,

          under the auspices of the Board, may formulate, and recommend or

          suggest, to the Board specific programs for coordinating

          conversion in each industry and segment thereof and specific

          dimensions and configurations in the metric system and in other

          measurements for general use. Such programs, dimensions, and

          configurations shall be consistent with (A) the needs, interests,

          and capabilities of manufacturers (large and small), suppliers,

          labor, consumers, educators, and other interested groups, and (B)

          the national interest;

            (3) publicize, in an appropriate manner, proposed programs and

          provide an opportunity for interested groups or individuals to

          submit comments on such programs. At the request of interested

          parties, the Board, in its discretion, may hold hearings with

          regard to such programs. Such comments and hearings may be

          considered by the Board;

            (4) encourage activities of standardization organizations to

          develop or revise, as rapidly as practicable, engineering

          standards on a metric measurement basis, and to take advantage

          of opportunities to promote (A) rationalization or simplification

          of relationships, (B) improvements of design, (C) reduction of

          size variations, (D) increases in economy, and (E) where

          feasible, the efficient use of energy and the conservation of

          natural resources;

            (5) encourage the retention, in new metric language standards,

          of those United States engineering designs, practices, and

          conventions that are internationally accepted or that embody

          superior technology;

            (6) consult and cooperate with foreign governments, and

          intergovernmental organizations, in collaboration with the

          Department of State, and, through appropriate member bodies, with

          private international organizations, which are or become

          concerned with the encouragement and coordination of increased

          use of metric measurement units or engineering standards based

          on such units, or both, Such consultation shall include efforts,

          where appropriate, to gain international recognition for metric

          standards proposed by the United States, and, during the United

          States conversion, to encourage retention of equivalent customary

          units, usually by way of dual dimensions, in international

          standards or recommendations;

            (7) assist the public through information and education

          programs, to become familiar with the meaning and applicability

          of metric terms and measures in daily life. Such programs shall


        15 U.S.C. s 205a et seq.

        Pub. Law 94-168 Amended         5               December 23, 1975


          include-

               (A) public information programs conducted by the Board,

             through the use of newspapers, magazines, radio, television,

             and other media, and through talks before appropriate

             citizens' groups, and trade and public organizations;

               (B) counseling and consultation by the Secretary of

             Education; the Secretary of Labor; the Administrator of the

             Small Business Administration; and the Director of the

             National Science Foundation, with educational associations.

             State and local educational agencies, labor education

             committees, apprentice training committees, and other

             interested groups, in order to assure (i) that the metric

             system of measurement is included in the curriculum of the

             Nation's educational institutions, and (ii) that teachers and

             other appropriate personnel are properly trained to teach the

             metric system of measurement;

               (C)consultation by the Secretary of Commerce with the

             National Conference of Weights and Measures in order to assure

             that State and local weights and measures officials are (i)

             appropriately involved in metric conversion activities and

             (ii) assisted in their efforts to bring about timely

             amendments to weights and measures laws; and

               (D)such other public information activities, by any Federal

             agency in support of this Act, as relate to the mission of

             such agency:

            (8) collect, analyze, and publish information about the extent

          of usage of metric measurements; evaluate the costs and benefits

          of metric usage; and make efforts to minimize any adverse effects

          resulting from increasing metric usage;

            (9) conduct research, including appropriate surveys; publish

          the results of such research; and recommend to the Congress and

          to the President such action as may be appropriate to deal with

          any unresolved problems, issues, and questions associated with

          metric conversion, or usage, such problems, issues, and questions

          may include, but are not limited to, the impact on workers (such

          as costs of tools and training) and on different occupations and

          industries, possible increased costs to consumers, the impact on

          society and the economy, effects on small business, the impact

          on the international trade position of the United States, the

          appropriateness of and methods for using procurement by the

          Federal Government as a means to effect conversion to the metric

          system, the proper conversion or transition period in particular

          sectors of society, and consequences for national defense;

            (10) submit annually to the Congress and to the President a

          report on its activities. Each such report shall include a status

          report on the conversion process as well as projections for the

          conversion process, Such report may include recommendations

          covering any legislation or executive action needed to implement

          the programs of conversion accepted by the Board. The Board may

          also submit such other reports and recommendations as it deems

          necessary; and

            (11) submit to the Congress and to the President, not later

          than 1 year after the date of enactment of the Act making

          appropriations for carrying out this Act, a report on the need

          to provide an effective structural mechanism for converting


        15 U.S.C. s 205a et seq.

        Pub. Law 94-168 Amended         6               December 23, 1975


          customary units to metric units in statutes, regulations, and

          other laws at all levels of government, on a coordinated and

          timely basis. in response to voluntary conversion programs

          adopted and implemented by various sectors of society under the

          auspices and with the approval of the Board. If the Board

          determines that such a need exists, such report shall include

          recommendations as to appropriate and effective means for

          establishing bind implementing such a mechanism.


        Sec. 7. In carrying out its duties under this Act, the Board may

            (1) establish an Executive Committee, and such other committees

          as it deems desirable;

            (2) establish such committees and advisory panels as it deems

          necessary to work with the various sectors of the Nation's

          economy and with Federal and State governmental agencies in the

          development and implementation of detailed conversion plans for

          those sectors.  The Board may reimburse, to the extent authorized

          by law, the members of such committees;

            (3) conduct hearings at such times and places as it deems

          appropriate;

            (4) enter into contracts, in accordance with the Federal

          Property and Administrative Services Act of 1949, as amended (40

          U.S.C. 471 et seq.), with Federal or State agencies, private

          firms, institutions, and individuals for the conduct of research

          or surveys, the preparation of reports, and other activities

          necessary to the discharge of its duties;

            (5) delegate to the Executive Director such authority as it

          deems advisable; and

            (6) perform such other acts as may be necessary to carry out

          the duties prescribed by this Act.


        Sec. 8. (a) The Board may accept, hold, administer, and utilize

        gifts, donations, and bequests of property. both real and personal,

        and personal services, for the purpose of aiding or facilitating

        the work of the Board. Gifts and bequests of money, and the

        proceeds from the sale of any other property received as gifts or

        requests, shall be deposited in the Treasury in a separate fund and

        shall be disbursed upon order of the Board.

            (b) For purpose of Federal income, estate, and gift taxation,

        property accepted under subsection (a) of this section shall be

        considered as a gift or bequest to or for the use of the United

        States.

            (c) Upon the request of the Board, the Secretary of the

        Treasury may invest and reinvest, in securities of the United

        States, any moneys contained in the fund authorized in subsection

        (a) of this section. Income accruing from such securities, and from

        any other property accepted to the credit of such fund, shall be

        dispersed upon the order of the Board.

            (d) Funds not expended by the Board as of the date when it

        ceases to exist, in accordance with section 5(d) of this Act, shall

        revert to the Treasury of the United States as of such date,


        Sec. 9. Members of the Board who are not in the regular full-time

        employ of the United States shall, while attending meetings or

        conferences of the Board or while otherwise engaged in the business


        15 U.S.C. s 205a et seq.

        Pub. Law 94-168 Amended         7               December 23, 1975


        of the Board, be entitled to receive compensation at a rate not to

        exceed the daily rate currently being paid grade 18 of the General

        Schedule (under section 5332 of title 5), including travel time.

        While so serving, on the business of the Board away from their

        homes or regular places of business, members of the Board may be

        allowed travel expenses, including per diem in lieu of subsistence,

        as authorized by section 5703 of title 5, for persons employed

        intermittently in the Government service. Payments under this

        section shall not render members of the Board employees or

        officials of the United States for any purpose.  Members of the

        Board who are in the employ of the United States shall be entitled

        to travel expenses when traveling on the business of the Board.


        Sec. 10. (a) The Board shall appoint a qualified individual to

        serve as the Executive Director of the Board at the pleasure of the

        Board. The Executive Director, subject to the direction of the

        Board, shall be responsible to the Board and shall carry out the

        metric conversion program, pursuant to the provisions of this Act

        and the policies established by the Board.

            (b) The Executive Director of the Board shall serve full time

        and be subject to the provisions of chapter 51 and subchapter III

        of chapter 53 of title 5. The annual salary of the Executive

        Director shall not exceed level III of the Executive Schedule under

        section 5314 of such title.

            (c) The Board may appoint and fix the compensation of such

        staff personnel as may be necessary to carry out the provisions of

        this Act in accordance with the provisions of chapter 51 and

        subchapter III of chapter 53 of title 5.

            (d) The Board may (1) employ experts and consultants or

        organizations thereof, as authorized by section 3109 of title 5,;

        (2) compensate individuals so employed at rates not in excess of

        the rate currently being paid grade 18 of the General Schedule

        under section 5332 of such title, including traveltime; and (3) may

        allow such individuals, while away from their homes or regular

        places of business, travel expenses (including per diem in lieu of

        subsistence) as authorized by section 5703 of such title 5 for

        persons in the Government service employed intermittently:

        Provided, however That contracts for such temporary employment may

        be renewed annually.


        Sec. 11. Financial and administrative services, including those

        related to budgeting, accounting, financial reporting, personnel,

        and procurement, and such other staff services as may be needed by

        the Board, may be obtained by the Board from the Secretary of

        Commerce or other appropriate sources in the Federal Government. 

        Payment for such services shall be made by the Board, in advance or

        by reimbursement, from funds of the Board in such amounts as may be

        agreed upon by the Chairman of the Board and by the source of the

        services being rendered.


    +[  Sec. 12. (a) As soon as possible after the date of the enactment of ]+

    +[  this section, each agency of the Federal Government shall establish ]+

    +[  guidelines to carry out the policy set forth in section 3 (with     ]+

    +[  particular emphasis upon the policy set forth in paragraph (2) of   ]+

    +[  that section), and as part of its annual budget submission for each ]+

      

        15 U.S.C. s 205a et seq.

        Pub. Law 94-168 Amended         8               December 23, 1975


    +[  fiscal year beginning after such date shall report to the Congress  ]+

    +[  on the actions which it has taken during the previous fiscal year,  ]+

    +[  as well as the actions which it plans for the fiscal year involved, ]+

    +[  to implement fully the metric system of measurement in accordance   ]+

    +[  with that policy.  Such reporting shall cease for an agency in the  ]+

    +[  fiscal year after it has fully implemented its efforts under        ]+

    +[  section 3(2).  As used in this section, the term "agency of the     ]+

    +[  Federal Government" means an Executive agency or military           ]+

    +[  department as those terms as defined in chapter 1 of title 5,       ]+

    +[  United States Code.                                                 ]+

    +[      (b) At the end of the fiscal year 1992, the Comptroller General ]+

    +[  shall review the implementation of this Act, and upon completion of ]+

    +[  such review shall report his findings to the Congress along with    ]+

    +[  any legislative recommendations he may have.                        ]+


        Sec. 13.(formerly Sec. 12) There are authorized to be appropriated

        such sums as may be necessary to carry out the provisions of this

        Act. Appropriations to carry out the provisions of this Act may

        remain available for obligation and expenditure for such period or

        periods as may be specified in the Acts making such appropriations.





































        15 U.S.C. s 205a et seq.


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