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;

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.

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.

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.

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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