U.S. Standards System: Government use of Standards
The information below, as well as further information on the government’s use of standards can be found at Standards.gov.
In the United States, government agencies
are required to use existing private sector standards wherever feasible as the
basis for technical regulations and for government procurement bids. This practice has many benefits, advancing
both public interest (efficient protection of environment, health and safety)
and economic development.
Learn more about the benefits of government use of private sector standards.
Two main U.S. government policies laying out the provisions of federal government agencies’ use of standards, and
establishing the uniquely decentralized, private-sector led framework of
standards and conformity assessment activity in the United States, are OMB Circular
A-119 and Section 12 (d) the National Technology
Transfer and Advancement Act of 1995 (NTTAA) (Public Law 104-113).
As revised in 1993, OMB Circular
A-119 stated that “the policy of the [U.S.] federal government, in its
procurement and regulatory activities, is to:
- rely on voluntary standards, both domestic and international, whenever feasible and consistent with law and regulation;
- participate in voluntary standards bodies when such participation is in the public interest and is compatible with agencies’ missions, authorities, priorities, and budget resources, and;
- coordinate agency participation in voluntary standards bodies so that the most effective use is made of agency resources and that the views expressed by such representatives are in the public interests and established views of agencies.
How do government agencies incorporate private sector standards?
Government agencies use externally developed standards in a wide variety of ways, including the following:
- Adoption:
An agency may adopt a voluntary standard without change by incorporating the standard in an agency's regulation or by listing (or referencing) the standard by title. For example, the Occupational Safety and Health Administration (OSHA) adopted the National Electrical Code (NEC) by incorporating it into its regulations by reference.
- Strong Deference:
An agency may grant strong deference to standards developed by a particular organization for a specific purpose. The agency will then use the standards in its regulatory program unless someone demonstrates to the agency why it should not.
- Basis for Rulemaking:
This is the most common use of externally developed standards. The agency reviews a standard, makes appropriate changes, and then publishes the revision in the Federal Register as a proposed regulation. Comments received from the public during the rulemaking proceeding may result in changes to the proposed rule before it is instituted.
- Regulatory Guides:
An agency may permit adherence to a specific standard as an acceptable, though not compulsory, way of complying with a regulation.
- Guidelines:
An agency may use standards as guidelines for complying with general requirements. The guidelines are advisory only: even if a firm complies with the applicable standards, the agency may conceivably still find that the general regulation has been violated.
- Deference in Lieu of Developing a Mandatory Standard:
An agency may decide that it does not need to issue a mandatory regulation because voluntary compliance with either an existing standard or one developed for the purpose will suffice for meeting the needs of the agency.
What are the benefits of government use of private sector standards?
Using private sector standards:
- Eliminates the cost of developing standards that meet government unique requirements
- Decreases cost of goods procured
- Promotes efficiency and economic competition; decreases burden on regulated communities
- Furthers the policy of reliance on the private sector to supply goods and services that meet government needs
Especially since the implementation of the NTTAA, government agencies have worked closely with the private sector and have come to rely upon voluntary standards and conformity assessment programs. For example, the Consumer Product Safety Commission (CPSC) has worked with industry experts and other private sector stakeholders over the last fifteen years to develop over 300 voluntary consensus standards. CPSC staff frequently report that these voluntary efforts are faster and less costly to implement than mandatory regulations. Particular successes have been achieved with activities relating to Ground-Fault Circuit-Interrupters (devices which minimize risk of electric shock), gas water heater safety, and window safety treatments.
The U.S.
Department of Defense (DoD) is another agency which has seen marked benefits from the use of private sector standards. Increased reliance on, and use of non-government standards has helped the DoD streamline its procurement process through decreased dependence on Military Specifications and Standards (MILSPECs), and has saved millions of taxpayer dollars by enabling the DoD to replace, where available and appropriate, MILSPECs with private sector standards.
The U.S.
Environmental Protection Agency (EPA) has found that the use of private
sector standards benefits both the agency and the public by allowing sufficient
collaboration between technical and environmental expertise in order to support
sustainable consumption and production. The EPA has successfully partnered with
private standards organizations such as ASTM International and the Institute of Electrical and Electronic Engineers
(IEEE) to develop private-sector standards to replace older agency standards.
Where can I find standards that have been incorporated into regulations or are used for government procurement?
The National Institute of Standards and Technology (NIST) maintains a database of standards incorporated into regulations and standards used for government procurement.
Search the SIBR Database:
- In the left hand column, under SIBR Search, select a Quick Link or search by keyword.
To search by keyword:
- Select Regulatory or Procurement from the dropdown list
- Enter a keyword (i.e. "Construction materials and building" in the search box.)
- Click Go.
In addition to the SIBR
database as a resource on standards incorporated by reference into regulations
or for procurement, other agencies also maintain their own standards listings
and databases. Some examples include:
Additional links to other agency
websites can be found at www.Standards.gov.
U.S. Standards Strategy
