Sec. 12. STANDARDS CONFORMITY
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## SEC. 12 STANDARDS CONFORMITY ###
(a)* * * * * * * * * * ###
(d)Utilization of Consensus Technical Standards by Federal Agencies; Reports **[**[15 U.S.C. 272 note](/us/usc/t15/s272)**]** ####
(1)In general Except as provided in paragraph
(3)of this subsection, all Federal agencies and departments shall use technical standards that are developed or adopted by voluntary consensus standards bodies, using such technical standards as a means to carry out policy objectives or activities determined by the agencies and departments. ####
(2)Consultation; participation In carrying out paragraph
(1)of this subsection, Federal agencies and departments shall consult with voluntary, private sector, consensus standards bodies and shall, when such participation is in the public interest and is compatible with agency and departmental missions, authorities, priorities, and budget resources, participate with such bodies in the development of technical standards. ####
(3)Exception If compliance with paragraph
(1)of this subsection is inconsistent with applicable law or otherwise impractical, a Federal agency or department may elect to use technical standards that are not developed or adopted by voluntary consensus standards bodies if the head of each such agency or department transmits to the Office of Management and Budget an explanation of the reasons for using such standards. Each year, beginning with fiscal year 1997, the Office of Management and Budget shall transmit to Congress and its committees a report summarizing all explanations received in the preceding year under this paragraph. ####
(4)Expenses of government personnel Section 5946 of title 5, United States Code, shall not apply with respect to any activity of an employee of a Federal agency or department that is determined by the head of that agency or department as being an activity undertaken in carrying out this subsection. ####
(5)Definition of technical standards As used in this subsection, the term “**technical standards**” means performance-based or design-specific technical specifications and related management systems practices.
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Sec. 12
STANDARDS CONFORMITY
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