U.S. Government Use of Voluntary Consensus Standards

 

U.S. federal, state and local government agencies rely on voluntary consensus standards as alternatives to specifications that had previously been developed only for government use. In cases where a needed standard does not exist, government employees cooperate with private-sector representatives on standards developing committees.

Usage may include any of the following methods:

  • 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 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.
This direction for private and public sector cooperation is documented in the National Technology Transfer and Advancement Act (NTTAA) (Public Law 104-113) and an accompanying guidance document, the Office of Management and Budget (OMB) Circular A-119, Federal Participation in the Development and Use of Voluntary Consensus Standards and in Conformity Assessment Activities
NTTAA Tenth Anniversary

Each federal agency is also responsible for coordinating its conformity assessment activities with those of other appropriate government agencies and with those of the private sector. The policy guidance on federal conformity assessment activities was introduced to increase efficiency and productivity while eliminating unnecessary duplication.

The National Institute of Standards and Technology (NIST), a non-regulatory federal agency within the U.S. Commerce Department's Technology Administration, coordinates federal implementation of the NTTAA.

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