CHAPTER 6 - WEIGHTS AND MEASURES AND STANDARD TIME

Title 15 > CHAPTER 6

Sections (48)

§ 201 Sets of standard weights and measures for agricultural colleges

The Secretary of Commerce is directed to cause a complete set of all the weights and measures adopted as standards to be delivered to the governor of each State in the Union for the use of agricultural colleges in the States, respectively, which have received a grant of lands from the United States, and also one set of the same for the use of the Smithsonian Institution: Provided , That the cost of each set shall not exceed $200. ( Mar. 3, 1881 , No. 26, 21 Stat. 521 ; Feb. 14, 1903, ch. 552 , §§ 4, 10, 32 Stat. 826 , 829; Mar. 4, 1913, ch. 141, § 1 , 37 Stat. 736 .)

§ 202 Repairs to standards

Such necessary repairs and adjustments shall be made to the standards furnished to the several States and Territories as may be requested by the governors thereof, and also to standard weights and measures that have been or may be supplied to United States customhouses and other offices of the United States under Act of Congress, when requested by the Secretary of Commerce. ( July 11, 1890, ch. 667, § 1 , 26 Stat. 242 ; Feb. 14, 1903, ch. 552 , §§ 4, 10, 32 Stat. 826 , 829; Mar. 4, 1913, ch. 141, § 1 , 37 Stat. 736 .)

§ 203 Replacing lost standard weights and measures; cost

The Secretary of Commerce is authorized and directed to furnish precise copies of standard weights and measures, bearing the seal of the National Institute of Standards and Technology and accompanied by a suitable certificate, to any State, Territory, or institution heretofore furnished with the same, upon application in writing by the governor in the case of a State or Territory, or by the official head in the case of an institution, setting forth that the copies of standards applied for are to replace similar ones heretofore furnished, in accordance with law, which have been lost or destroyed: Provided , That the applicant shall, before the said standards are delivered, first deposit with the Secretary of Commerce the amount of money necessary to defray all expenses incurred by the National Institute of Standards and Technology in furnishing the same, which amount shall be covered into the Treasury of the United States to the credit of miscellaneous receipts as soon as the weights or measures are delivered for transportation into the hands of such persons as are designated by the officers ordering the same. ( Aug. 18, 1894, ch. 301, § 1 , 28 Stat. 383 ; Mar. 3, 1901, ch. 872, § 1 , 31 Stat. 1449 ; Feb. 14, 1903, ch. 552, § 10 , 32 Stat. 829 ; Mar. 4, 1913, ch. 141, § 1 , 37 Stat. 736 ; Pub. L. 100–418, title V, § 5115(c) , Aug. 23, 1988 , 102 Stat. 1433 .)

§ 204 Metric system authorized

It shall be lawful throughout the United States of America to employ the weights and measures of the metric system; and no contract or dealing, or pleading in any court, shall be deemed invalid or liable to objection because the weights or measures expressed or referred to therein are weights or measures of the metric system. (R.S. § 3569.)

§ 205 Metric system defined

The metric system of measurement shall be defined as the International System of Units as established in 1960, and subsequently maintained, by the General Conference of Weights and Measures, and as interpreted or modified for the United States by the Secretary of Commerce. (R.S. § 3570; Pub. L. 110–69, title III, § 3013(c)(1) , Aug. 9, 2007 , 121 Stat. 598 .)

§ 205a Congressional statement of findings

The Congress finds as follows: 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. 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. World trade is increasingly geared towards the metric system of measurement. 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. 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. 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. The metric system of measurement can provide substantial advantages to the Federal Government in its own operations. ( Pub. L. 94–168, § 2 , Dec. 23, 1975 , 89 Stat. 1007 ; Pub. L. 100–418, title V, § 5164(a) , Aug. 23, 1988 , 102 Stat. 1451 .)

§ 205b Declaration of policy

It is therefore the declared policy of the United States— to designate the metric system of measurement as the preferred system of weights and measures for United States trade and commerce; 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; to seek out ways to increase understanding of the metric system of measurement through educational information and guidance and in Government publications; and to permit the continued use of traditional systems of weights and measures in non-business activities. ( Pub. L. 94–168, § 3 , Dec. 23, 1975 , 89 Stat. 1007 ; Pub. L. 100–418, title V, § 5164(b) , Aug. 23, 1988 , 102 Stat. 1452 .)

§ 205c Definitions

As used in this subchapter, the term— “Board” means the United States Metric Board, established under section 205d of this title ; “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; “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; “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; “full and open competition” has the same meaning as defined in section 107 of title 41 ; “total installed price” means the price of purchasing a product or material, trimming or otherwise altering some or all of that product or material, if necessary to fit with other building components, and then installing that product or material into a Federal facility; “hard-metric” means measurement, design, and manufacture using the metric system of measurement, but does not include measurement, design, and manufacture using English system measurement units which are subsequently reexpressed in the metric system of measurement; “cost or pricing data or price analysis” has the meaning given such terms in section 3501(a) of title 41 ; and “Federal facility” means any public building (as defined under section 3301(a) of title 40 1 and shall include any Federal building or construction project— on lands in the public domain; on lands used in connection with Federal programs for agriculture research, recreation, and conservation programs; on or used in connection with river, harbor, flood control, reclamation, or power projects; on or used in connection with housing and residential projects; on military installations (including any fort, camp, post, naval training station, airfield, proving ground, military supply depot, military school, or any similar facility of the Department of Defense); on installations of the Department of Veteran 2 Affairs used for hospital or domiciliary purposes; or on lands used in connection with Federal prisons, but does not include (i) any Federal building or construction project the exclusion of which the President deems to be justified in the public interest, or (ii) any construction project or building owned or controlled by a State government, local government, Indian tribe, or any private entity. ( Pub. L. 94–168, § 4 , Dec. 23, 1975 , 89 Stat. 1007 ; Pub. L. 104–289, § 3 , Oct. 11, 1996 , 110 Stat. 3411 .)

§ 205d United States Metric Board

(a) Establishment There is established, in accordance with this section, an independent instrumentality to be known as a United States Metric Board.

(b) Membership; Chairman; appointment of members; term of office; vacancies The Board shall consist of 17 individuals, as follows: the Chairman, a qualified individual who shall be appointed by the President, by and with the advice and consent of the Senate; sixteen members who shall be appointed by the President, by and with the advice and consent of the Senate, on the following basis— one to be selected from lists of qualified individuals recommended by engineers and organizations representative of engineering interests; one to be selected from lists of qualified individuals recommended by scientists, the scientific and technical community, and organizations representative of scientists and technicians; one to be selected from a list of qualified individuals recommended by the National Association of Manufacturers or its successor; 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; 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; 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; two to be selected from lists of qualified individuals recommended by organizations representative of small business; one to be selected from lists of qualified individuals representative of the construction industry; one to be selected from a list of qualified individuals recommended by the National Conference on Weights and Measures and standards making organizations; one to be selected from lists of qualified individuals recommended by educators, the educational community, and organizations representative of educational interests; and 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) Compulsory powers Unless otherwise provided by the Congress, the Board shall have no compulsory powers.

(d) Termination The Board shall cease to exist when the Congress, by law, determines that its mission has been accomplished.

§ 205e Functions and powers of Board

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 subchapter. In carrying out this program, the Board shall— 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 subchapter. The Board shall take into account activities underway in the private and public sectors, so as not to duplicate unnecessarily such activities; 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; 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; 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; 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; 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; 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 include— 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; 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; 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 such other public information activities, by any Federal agency in support of this subchapter, as relate to the mission of such agency; 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; 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; 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 the 1 programs of conversion accepted by the Board. The Board may also submit such other reports and recommendations as it deems necessary; and 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 subchapter, a report on the need to provide an effective structural mechanism for converting 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 and implementing such a mechanism. ( Pub. L. 94–168, § 6 , Dec. 23, 1975 , 89 Stat. 1008 ; Pub. L. 96–88, title III, § 301 , title V, § 507, Oct. 17, 1979 , 93 Stat. 677 , 692.)

§ 205f Duties of Board

In carrying out its duties under this subchapter, the Board may— establish an Executive Committee, and such other committees as it deems desirable; 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; conduct hearings at such times and places as it deems appropriate; enter into contracts, in accordance with chapters 1 to 11 of title 40 and division C (except sections 3302, 3307(e), 3501(b), 3509, 3906, 4710, and 4711) of subtitle I of title 41, 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; delegate to the Executive Director such authority as it deems advisable; and perform such other acts as may be necessary to carry out the duties prescribed by this subchapter. ( Pub. L. 94–168, § 7 , Dec. 23, 1975 , 89 Stat. 1011 .)

§ 205g Gifts, donations and bequests to Board

(a) Authorization; deposit into Treasury and disbursement 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) Federal income, estate, and gift taxation of property 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) Investment of moneys; disbursement of accrued income 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) Reversion to Treasury of unexpended funds Funds not expended by the Board as of the date when it ceases to exist, in accordance with section 205d(d) of this title , shall revert to the Treasury of the United States as of such date.

§ 205h Compensation of Board members; travel expenses

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 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 traveltime. 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. ( Pub. L. 94–168, § 9 , Dec. 23, 1975 , 89 Stat. 1011 .)

§ 205i Personnel

(a) Executive Director; appointment; tenure; duties 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 subchapter and the policies established by the Board.

(b) Executive Director; salary 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) Staff personnel; appointment and compensation The Board may appoint and fix the compensation of such staff personnel as may be necessary to carry out the provisions of this subchapter in accordance with the provisions of chapter 51 and subchapter III of chapter 53 of title 5.

(d) Experts and consultants; employment and compensation; annual review of contracts 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.

§ 205j Financial and administrative services; source and reimbursement

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. ( Pub. L. 94–168, § 11 , Dec. 23, 1975 , 89 Stat. 1012 .)

§ 205j–1 Repealed. Pub. L. 104–66, title III, § 3001(e), Dec. 21, 1995, 109 Stat. 734

§ 205k Authorization of appropriations; availability

There are authorized to be appropriated such sums as may be necessary to carry out the provisions of this subchapter. Appropriations to carry out the provisions of this subchapter may remain available for obligation and expenditure for such period or periods as may be specified in the Acts making such appropriations. ( Pub. L. 94–168, § 13 , formerly § 12, Dec. 23, 1975 , 89 Stat. 1012 , renumbered § 13, Pub. L. 100–418, title V, § 5164(c) , Aug. 23, 1988 , 102 Stat. 1452 .)

§ 205l Implementation in acquisition of construction services and materials for Federal facilities

(a) In general Construction services and materials for Federal facilities shall be procured in accordance with the policies and procedures set forth in the provisions of title 10, referred to in section 3016 of such title as “chapter 137 legacy provisions”, section 3453 of such title, division C (except sections 3302, 3307(e), 3501(b), 3509, 3906, 4710, and 4711) of subtitle I of title 41, and section 205b(2) of this title . Determination of a design method shall be based upon preliminary market research as required under section 3453(c) of title 10 and section 3307(d) of title 41 . If the requirements of this subchapter conflict with the provisions of section 3453 of title 10 or section 3307(b) to (d) of title 41, then the provisions of such sections 1 3453 or 3307(b) to (d) shall take precedence.

(b) Concrete masonry units In carrying out the policy set forth in section 205b of this title (with particular emphasis on the policy set forth in paragraph (2) of that section) a Federal agency may require that specifications for the acquisition of structures or systems of concrete masonry be expressed under the metric system of measurement, but may not incorporate specifications, that can only be satisfied by hard-metric versions of concrete masonry units, in a solicitation for design or construction of a Federal facility within the United States or its territories, or a portion of said Federal facility, unless the head of the agency determines in writing that— hard-metric specifications are necessary in a contract for the repair or replacement of parts of Federal facilities in existence or under construction upon the effective date of the Savings in Construction Act of 1996; or the following 2 criteria are met: the application requires hard-metric concrete masonry units to coordinate dimensionally into 100 millimeter building modules; and the total installed price of hard-metric concrete masonry units is estimated to be equal to or less than the total installed price of using non-hard-metric concrete masonry units. Total installed price estimates shall be based, to the extent available, on cost or pricing data or price analysis, using actual hard-metric and non-hard-metric offers received for comparable existing projects. The head of the agency shall include in the writing required in this subsection an explanation of the factors used to develop the price estimates.

(c) Recessed lighting fixtures In carrying out the policy set forth in section 205b of this title (with particular emphasis on the policy set forth in paragraph (2) of that section) a Federal agency may require that specifications for the acquisition of structures or systems of recessed lighting fixtures be expressed under the metric system of measurement, but may not incorporate specifications, that can only be satisfied by hard-metric versions of recessed lighting fixtures, in a solicitation for design or construction of a Federal facility within the United States or its territories unless the head of the agency determines in writing that— the predominant voluntary industry consensus standards include the use of hard-metric for the items specified; or hard-metric specifications are necessary in a contract for the repair or replacement of parts of Federal facilities in existence or under construction upon the effective date of the Savings in Construction Act of 1996; or the following 2 criteria are met: the application requires hard-metric recessed lighting fixtures to coordinate dimensionally into 100 millimeter building modules; and the total installed price of hard-metric recessed lighting fixtures is estimated to be equal to or less than the total installed price of using non-hard-metric recessed lighting fixtures. Total installed price estimates shall be based, to the extent available, on cost or pricing data or price analysis, using actual hard-metric and non-hard-metric offers received for comparable existing projects. The head of the agency shall include in the writing required in this subsection an explanation of the factors used to develop the price estimates.

(d) Limitation The provisions of subsections (b) and (c) of this section shall not apply to Federal contracts to acquire construction products for the construction of facilities outside of the United States and its territories.

(e) Repealed. Pub. L. 108–423, § 6, Nov. 30, 2004, 118 Stat. 2402

(f) Agency ombudsman The head of each executive agency that awards construction contracts within the United States and its territories shall designate a senior agency official to serve as a construction metrication ombudsman who shall be responsible for reviewing and responding to complaints from prospective bidders, subcontractors, suppliers, or their designated representatives related to— guidance or regulations issued by the agency on the use of the metric system of measurement in contracts for the construction of Federal buildings; and the use of the metric system of measurement for services and materials required for incorporation in individual projects to construct Federal buildings. The construction metrication ombudsman shall be independent of the contracting officer for construction contracts. The ombudsman shall be responsible for ensuring that the agency is not implementing the metric system of measurement in a manner that is impractical or is likely to cause significant inefficiencies or loss of markets to United States firms in violation of the policy stated in section 205b(2) of this title , or is otherwise inconsistent with guidance issued by the Secretary of Commerce in consultation with the Interagency Council on Metric Policy while ensuring that the goals of this subchapter are observed. The ombudsman shall respond to each complaint in writing within 60 days and make a recommendation to the head of the executive agency for an appropriate resolution thereto. In such a recommendation, the ombudsman shall consider— whether the agency is adequately applying the policies and procedures in this section; whether the availability of hard-metric products and services from United States firms is sufficient to ensure full and open competition; and the total installed price to the Federal Government. After the head of the agency has rendered a decision regarding a recommendation of the ombudsman, the ombudsman shall be responsible for communicating the decision to all appropriate policy, design, planning, procurement, and notifying personnel in the agency. The ombudsman shall conduct appropriate monitoring as required to ensure the decision is implemented, and may submit further recommendations, as needed. The head of the agency’s decision on the ombudsman’s recommendations, and any supporting documentation, shall be provided to affected parties and made available to the public in a timely manner. Nothing in this section shall be construed to supersede the bid protest process established under subchapter V of chapter 35 of title 31.

§ 206 Standard gauge for sheet and plate iron and steel

For the purpose of securing uniformity the following is established as the only standard gauge for sheet and plate iron and steel in the United States of America, namely: Number of gauge Approximate thickness in fractions of an inch Approximate thickness in decimal parts of an inch Approximate thickness in millimeters Weight per square foot in ounces avoirdupois Weight per square foot in pounds avoirdupois Weight per square foot in kilograms Weight per square meter in kilograms Weight per square meter in pounds avoirdupois 0000000 1/2 .5 12.7 320 20.00 9.072 97.65 215.28 000000 15/32 .46875 11.90625 300 18.75 8.505 91.55 201.82 00000 7/16 .4375 11.1125 280 17.50 7.983 85.44 188.37 0000 13/32 .40625 10.31875 260 16.25 7.371 79.33 174.91 000 3/8 .375 9.525 240 15 6.804 73.24 161.46 00 11/32 .34375 8.73125 220 13.75 6.237 67.13 148.00 0 5/16 .3125 7.9375 200 12.50 5.67 61.03 134.55 1 9/32 .28125 7.14375 180 11.25 5.103 54.93 121.09 2 17/64 .265625 6.746875 170 10.625 4.819 51.88 114.37 3 1/4 .25 6.35 160 10 4.536 48.82 107.64 4 15/64 .234375 5.953125 150 9.375 4.252 45.77 100.91 5 7/32 .21875 5.55625 140 8.75 3.969 42.72 94.18 6 13/64 .203125 5.159375 130 8.125 3.685 39.67 87.45 7 3/16 .1875 4.7625 120 7.5 3.402 36.62 80.72 8 11/64 .171875 4.365625 110 6.875 3.118 33.57 74.00 9 5/32 .15625 3.96875 100 6.25 2.835 30.52 67.27 10 9/64 .140625 3.571875 90 5.625 2.552 27.46 60.55 11 1/8 .125 3.175 80 5 2.268 24.41 53.82 12 7/64 .109375 2.778125 70 4.375 1.984 21.36 47.09 13 3/32 .09375 2.38125 60 3.75 1.701 18.31 40.36 14 5/64 .078125 1.984375 50 3.125 1.417 15.26 33.64 15 9/128 .0703125 1.7859375 45 2.8125 1.276 13.73 30.27 16 1/16 .0625 1.5875 40 2.5 1.134 12.21 26.91 17 9/160 .05625 1.42875 36 2.25 1.021 10.99 24.22 18 1/20 .05 1.27 32 2 .9072 9.765 21.53 19 7/160 .04375 1.11125 28 1.75 .7938 8.544 18.84 20 3/80 .0375 .9525 24 1.50 .6804 7.324 16.15 21 11/320 .034375 .873125 22 1.375 .6237 6.713 14.80 22 1/32 .03125 .793750 20 1.25 .567 6.103 13.46 23 9/320 .028125 .714375 18 1.125 .5103 5.493 12.11 24 1/40 .025 .635 16 1 .4536 4.882 10.76 25 7/320 .021875 .555625 14 .875 .3969 4.272 9.42 26 3/160 .01875 .47625 12 .75 .3402 3.662 8.07 27 11/640 .0171875 .4365625 11 .6875 .3119 3.357 7.40 28 1/64 .015625 .396875 10 .625 .2835 3.052 6.73 29 9/640 .0140625 .3571875 9 .5625 .2551 2.746 6.05 30 1/80 .0125 .3175 8 .5 .2268 2.441 5.38 31 7/640 .0109375 .2778125 7 .4375 .1984 2.136 4.71 32 13/1280 .01015625 .25796875 6½ .40625 .1843 1.983 4.37 33 3/320 .009375 .238125 6 .375 .1701 1.831 4.04 34 11/1280 .00859375 .21828125 5½ .34375 .1559 1.678 3.70 35 5/640 .0078125 .1984375 5 .3125 .1417 1.526 3.36 36 9/1280 .00703125 .17859375 4½ .28125 .1276 1.373 3.03 37 17/2560 .006640625 .168671875 4¼ .265625 .1205 1.297 2.87 38 1/160 .00625 .15875 4 .25 .1134 1.221 2.69 The same and no other shall be used in determining duties and taxes levied by the United States of America on sheet and plate iron and steel. But this subchapter shall not be construed to increase duties upon any articles which may be imported. ( Mar. 3, 1893, ch. 221, § 1 , 27 Stat. 746 .)

§ 207 Preparation of standards by Secretary of Commerce

The Secretary of Commerce is authorized and required to prepare suitable standards in accordance with section 206 of this title . ( Mar. 3, 1893, ch. 221, § 2 , 27 Stat. 746 ; Feb. 14, 1903, ch. 552, § 10 , 32 Stat. 829 ; Mar. 4, 1913, ch. 141, § 1 , 37 Stat. 736 .)

§ 208 Variations

In the practical use and application of the standard gauge esablished 1 in section 206 of this title a variation of 2½ percent, either way may be allowed. ( Mar. 3, 1893, ch. 221, § 3 , 27 Stat. 746 .)

§§ 208a to 212 Repealed. Pub. L. 89–554, § 8(a), Sept. 6, 1966, 80 Stat. 644, 646

§§ 221, 222 Repealed. July 21, 1950, ch. 484, § 13, 64 Stat. 370

§§ 223, 224 Repealed. Pub. L. 110–69, title III, § 3013(c)(2), Aug. 9, 2007, 121 Stat. 598

§ 231 Standard barrel for apples; steel barrels

The standard barrel for apples shall be of the following dimensions when measured without distention of its parts: Length of stave, twenty-eight and one-half inches; diameter of head, seventeen and one-eighth inches; distance between heads, twenty-six inches; circumference of bulge, sixty-four inches outside measurement, representing as nearly as possible seven thousand and fifty-six cubic inches: Provided , That steel barrels containing the interior dimensions provided for in this section shall be construed as a compliance therewith. ( Aug. 3, 1912, ch. 273, § 1 , 37 Stat. 250 .)

§ 232 Barrels below standard; marking

All barrels packed with apples shall be deemed to be below standard if the barrel bears any statement, design, or device indicating that the barrel is a standard barrel of apples, as defined in section 231 of this title , and the capacity of the barrel is less than the capacity prescribed by said section, unless the barrel shall be plainly marked on end and side with words or figures showing the fractional relation which the actual capacity of the barrel bears to the capacity prescribed by said section. The marking required by this section shall be in block letters of size not less than seventy-two point (one-inch) gothic. ( Aug. 3, 1912, ch. 273, § 4 , 37 Stat. 251 .)

§ 233 Penalty for violations

Any person, firm, or corporation, or association who shall knowingly pack or cause to be packed apples in barrels, or who shall knowingly sell or offer for sale such barrels in violation of the provisions of this Act shall be liable to a penalty of $1 and costs for each such barrel so sold or offered for sale, to be recovered at the suit of the United States in any court of the United States having jurisdiction. ( Aug. 3, 1912, ch. 273, § 6 , 37 Stat. 251 .)

§ 234 Standard barrel for fruits or other dry commodity

The standard barrel for fruits, vegetables, and other dry commodities other than cranberries shall be of the following dimensions when measured without distention of its parts: Length of stave, twenty-eight and one-half inches; diameter of heads, seventeen and one-eighth inches; distance between heads, twenty-six inches; circumference of bulge, sixty-four inches, outside measurement; and the thickness of staves not greater than four-tenths of an inch: Provided , That any barrel of a different form having a capacity of seven thousand and fifty-six cubic inches shall be a standard barrel. The standard barrel for cranberries shall be of the following dimensions when measured without distention of its parts: Length of staves, twenty-eight and one-half inches; diameter of head, sixteen and one-fourth inches; distance between heads, twenty-five and one-fourth inches; circumference of bulge, fifty-eight and one-half inches, outside measurement; and the thickness of staves not greater than four-tenths of an inch. ( Mar. 4, 1915, ch. 158, § 1 , 38 Stat. 1186 .)

§ 235 Sale or shipment of barrel of less capacity than standard; punishment

It shall be unlawful to sell, offer, or expose for sale in any State, Territory, or the District of Columbia, or to ship from any State, Territory, or the District of Columbia to any other State, Territory, or the District of Columbia or to a foreign country, a barrel containing fruits or vegetables or any other dry commodity of less capacity than the standard barrels defined in section 234 of this title , known as the third, half, and three-quarters barrel, and any person guilty of a willful violation of any of the provisions of sections 234 to 236 of this title shall be deemed guilty of a misdemeanor and be liable to a fine not to exceed $500, or imprisonment not to exceed six months, in the court of the United States having jurisdiction: Provided, however , That no barrel shall be deemed below standard within the meaning of said sections when shipped to any foreign country and constructed according to the specifications or directions of the foreign purchaser if not constructed in conflict with the laws of the foreign country to which the same is intended to be shipped. ( Mar. 4, 1915, ch. 158, § 2 , 38 Stat. 1186 .)

§ 236 Variations from standard permitted; prosecutions; law not applicable to certain barrels

Reasonable variations shall be permitted and tolerance shall be established by rules and regulations made by the Director of the National Institute of Standards and Technology and approved by the Secretary of Commerce. Prosecutions for offenses under this section or sections 234 or 235 of this title may be begun upon complaint of local sealers of weights and measures or other officers of the several States and Territories appointed to enforce the laws of the said States or Territories, respectively, relating to weights and measures: Provided, however , That nothing in this section or sections 234 and 235 of this title shall apply to barrels used in packing or shipping commodities sold exclusively by weight or numerical count. ( Mar. 4, 1915, ch. 158, § 3 , 38 Stat. 1187 ; Pub. L. 100–418, title V, § 5115(c) , Aug. 23, 1988 , 102 Stat. 1433 .)

§ 237 Standard barrels for lime

There is established a large and a small barrel of lime, the large barrel to consist of two hundred and eighty pounds and the small barrel to consist of one hundred and eighty pounds, net weight. ( Aug. 23, 1916, ch. 396, § 1 , 39 Stat. 530 .)

§ 238 Penalty for selling in barrels not marked

It shall be unlawful for any person to sell or offer for sale lime imported in barrels from a foreign country, or to sell or offer for sale lime in barrels for shipment from any State or Territory or the District of Columbia, to any other State or Territory or the District of Columbia, unless there shall be stenciled or otherwise clearly marked on one or both heads of the small barrel the figures “180 lbs. net” and of the large barrel the figures “280 lbs. net” before the importation or shipment, and on either barrel in addition the name of the manufacturer of the lime and where manufactured, and, if imported, the name of the country from which it is imported. ( Aug. 23, 1916, ch. 396, § 2 , 39 Stat. 530 .)

§ 239 Sale in containers of less capacity than barrel

When lime is sold in interstate or foreign commerce in containers of less capacity than the standard small barrel, it shall be sold in fractional parts of said standard small barrel, and the net weight of lime contained in such container shall by stencil or otherwise be clearly marked thereon, together with the name of the manufacturer thereof, and the name of the brand, if any, under which it is sold, and, if imported, the name of the country from which it is imported. ( Aug. 23, 1916, ch. 396, § 3 , 39 Stat. 530 .)

§ 240 Rules and regulations

Rules and regulations for the enforcement of sections 237 to 242 of this title, not inconsistent with the provisions of said sections, shall be made by the Director of the National Institute of Standards and Technology and approved by the Secretary of Commerce, and such rules and regulations shall include reasonable variations or tolerances which may be allowed. ( Aug. 23, 1916, ch. 396, § 4 , 39 Stat. 531 ; Pub. L. 100–418, title V, § 5115(c) , Aug. 23, 1988 , 102 Stat. 1433 .)

§ 241 Penalty for selling lime in unmarked barrels and containers

It shall be unlawful to pack, sell, or offer for sale for shipment from any State or Territory or the District of Columbia to any other State or Territory or the District of Columbia, any barrels or other containers of lime which are not marked as provided in sections 238 and 239 of this title, or to sell, charge for, or purport to deliver from any State or Territory or the District of Columbia to any other State or Territory or the District of Columbia, as a large or small barrel or a fractional part of said small barrel of lime, any less weight of lime than is established by the provisions of sections 237 to 242 of this title and any person guilty of a violation of the provisions of said sections shall be deemed guilty of a misdemeanor and be liable to a fine not exceeding $100. ( Aug. 23, 1916, ch. 396, § 5 , 39 Stat. 531 .)

§ 242 Duty of United States attorney to enforce law

It shall be the duty of each United States attorney, to whom satisfactory evidence of any violation of sections 237 to 242 of this title is presented, to cause appropriate proceedings to be commenced and prosecuted in the United States court having jurisdiction of such offense. ( Aug. 23, 1916, ch. 396, § 6 , 39 Stat. 531 ; June 25, 1948, ch. 646, § 1 , 62 Stat. 909 .)

§§ 251 to 256 Repealed. Pub. L. 90–628, § 1(a), Oct. 22, 1968, 82 Stat. 1320

§§ 257 to 257i Repealed. Pub. L. 90–628, § 1(b), Oct. 22, 1968, 82 Stat. 1320

§ 260 Congressional declaration of policy; adoption and observance of uniform standard of time; authority of Secretary of Transportation

It is the policy of the United States to promote the adoption and observance of uniform time within the standard time zones prescribed by sections 261 to 264 of this title, as modified by section 265 of this title . To this end the Secretary of Transportation is authorized and directed to foster and promote widespread and uniform adoption and observance of the same standard of time within and throughout each such standard time zone. ( Pub. L. 89–387, § 2 , Apr. 13, 1966 , 80 Stat. 107 ; Pub. L. 97–449, § 2(c) , Jan. 12, 1983 , 96 Stat. 2439 .)

§ 260a Advancement of time or changeover dates

(a) Duration of period; State exemption During the period commencing at 2 o’clock antemeridian on the second Sunday of March of each year and ending at 2 o’clock antemeridian on the first Sunday of November of each year, the standard time of each zone established by sections 261 to 264 of this title, as modified by section 265 of this title , shall be advanced one hour and such time as so advanced shall for the purposes of such sections 261 to 264, as so modified, be the standard time of such zone during such period; however, (1) any State that lies entirely within one time zone may by law exempt itself from the provisions of this subsection providing for the advancement of time, but only if that law provides that the entire State (including all political subdivisions thereof) shall observe the standard time otherwise applicable during that period, and (2) any State with parts thereof in more than one time zone may by law exempt either the entire State as provided in (1) or may exempt the entire area of the State lying within any time zone.

(b) State laws superseded It is hereby declared that it is the express intent of Congress by this section to supersede any and all laws of the States or political subdivisions thereof insofar as they may now or hereafter provide for advances in time or changeover dates different from those specified in this section.

(c) Violations; enforcement For any violation of the provisions of this section the Secretary of Transportation or his duly authorized agent may apply to the district court of the United States for the district in which such violation occurs for the enforcement of this section; and such court shall have jurisdiction to enforce obedience thereto by writ of injunction or by other process, mandatory or otherwise, restraining against further violations of this section and enjoining obedience thereto.

“Any law in effect on the date of the enactment of this Act [ July 8, 1986 ]— adopted pursuant to section 3(a)(2) of the Uniform Time Act of 1966 [ 15 U.S.C. 260a(a)(2) ] by a State with parts thereof in more than one time zone, or adopted pursuant to section 3(a)(1) of such Act by a State that lies entirely within one time zone, shall be held and considered to remain in effect as the exercise by that State of the exemption permitted by such Act [see 15 U.S.C. 260a(a) ] unless that State, by law, provides that such exemption shall not apply.”

§ 261 Zones for standard time; interstate or foreign commerce

(a) In general For the purpose of establishing the standard time of the United States, the territory of the United States shall be divided into nine zones in the manner provided in this section. Except as provided in section 260a(a) of this title , the standard time of the first zone shall be Coordinated Universal Time retarded by 4 hours; that of the second zone retarded by 5 hours; that of the third zone retarded by 6 hours; that of the fourth zone retarded by 7 hours; that of the fifth zone retarded 1 8 hours; that of the sixth zone retarded by 9 hours; that of the seventh zone retarded by 10 hours; that of the eighth zone retarded by 11 hours; and that of the ninth zone shall be Coordinated Universal Time advanced by 10 hours. The limits of each zone shall be defined by an order of the Secretary of Transportation, having regard for the convenience of commerce and the existing junction points and division points of common carriers engaged in interstate or foreign commerce, and any such order may be modified from time to time. As used in sections 261 to 264 of this title, the term “interstate or foreign commerce” means commerce between a State, the District of Columbia, the Commonwealth of Puerto Rico, or any possession of the United States and any place outside thereof.

(b) Coordinated Universal Time defined In this section, the term “Coordinated Universal Time” means the time scale maintained through the General Conference of Weights and Measures and interpreted or modified for the United States by the Secretary of Commerce in coordination with the Secretary of the Navy.

§ 262 Duty to observe standard time of zones

Within the respective zones created under the authority of sections 261 to 264 of this title the standard time of the zone shall insofar as practicable (as determined by the Secretary of Transportation) govern the movement of all common carriers engaged in interstate or foreign commerce. In all statutes, orders, rules, and regulations relating to the time of performance of any act by any officer or department of the United States, whether in the legislative, executive, or judicial branches of the Government, or relating to the time within which any rights shall accrue or determine, or within which any act shall or shall not be performed by any person subject to the jurisdiction of the United States, it shall be understood and intended that the time shall insofar as practicable (as determined by the Secretary of Transportation) be the United States standard time of the zone within which the act is to be performed. ( Mar. 19, 1918, ch. 24, § 2 , 40 Stat. 451 ; Pub. L. 89–387, § 4(b) , Apr. 13, 1966 , 80 Stat. 108 ; Pub. L. 97–449, § 2(c) , Jan. 12, 1983 , 96 Stat. 2439 .)

§ 263 Designation of zone standard times

The standard time of the first zone shall be known and designated as Atlantic standard time; that of the second zone shall be known and designated as eastern standard time; that of the third zone shall be known and designated as central standard time; that of the fourth zone shall be known and designated as mountain standard time; that of the fifth zone shall be known and designated as Pacific standard time; that of the sixth zone shall be known and designated as Alaska standard time; that of the seventh zone shall be known and designated as Hawaii-Aleutian standard time; that of the eighth zone shall be known and designated as Samoa standard time; and that of the ninth zone shall be known as Chamorro standard time. ( Mar. 19, 1918, ch. 24, § 4 , 40 Stat. 451 ; Pub. L. 89–387, § 4(c) , Apr. 13, 1966 , 80 Stat. 108 ; Pub. L. 98–181, title II, § 2003(a) , Nov. 30, 1983 , 97 Stat. 1297 ; Pub. L. 106–564, § 1(b) , Dec. 23, 2000 , 114 Stat. 2811 .)

§ 264 Part of Idaho in fourth zone

In the division of territory, and in the definition of the limits of each zone, as provided in sections 261 to 264 of this title, so much of the State of Idaho as lies south of the Salmon River, traversing the State from east to west near forty-five degrees thirty minutes latitude shall be embraced in the fourth zone: Provided , That common carriers within such portion of the State of Idaho may conduct their operations on Pacific time. ( Mar. 19, 1918, ch. 24, § 3 , as added Mar. 3, 1923, ch. 216 , 42 Stat. 1434 ; amended June 24, 1948, ch. 631, § 1 , 62 Stat. 646 ; Pub. L. 110–69, title III, § 3013(c)(4) , Aug. 9, 2007 , 121 Stat. 599 .)

§ 265 Transfer of certain territory to standard central-time zone

The Panhandle and Plains sections of Texas and Oklahoma are transferred to and placed within the United States standard central-time zone. The Secretary of Transportation is authorized and directed to issue an order placing the western boundary line of the United States standard central-time zone insofar as the same affect Texas and Oklahoma as follows: Beginning at a point where such western boundary time zone line crosses the State boundary line between Kansas and Oklahoma; thence westerly along said State boundary line to the northwest corner of the State of Oklahoma; thence in a southerly direction along the west State boundary line of Oklahoma and the west State boundary line of Texas to the southeastern corner of the State of New Mexico; thence in a westerly direction along the State boundary line between the States of Texas and New Mexico to the Rio Grande River; thence down the Rio Grande River as the boundary line between the United States and Mexico: Provided , That the Chicago, Rock Island and Gulf Railway Company and the Chicago, Rock Island and Pacific Railway Company may use Tucumcari, New Mexico, as the point at which they change from central to mountain time and vice versa; the Colorado Southern and Fort Worth and Denver City Railway Companies may use Sixela, New Mexico, as such changing point; the Atchison, Topeka and Santa Fe Railway Company and other branches of the Santa Fe system may use Clovis, New Mexico, as such changing point, and those railways running into or through El Paso may use El Paso as such point: Provided further , That this section shall not, except as herein provided, interfere with the adjustment of time zones as established by the Secretary of Transportation. ( Mar. 4, 1921, ch. 173, § 1 , 41 Stat. 1446 ; Pub. L. 97–449, § 2(c) , Jan. 12, 1983 , 96 Stat. 2439 .)

§ 266 Applicability of administrative procedure provisions

Subchapter II of chapter 5, and chapter 7, of title 5 shall apply to all proceedings under this Act, sections 261 to 264 of this title, and section 265 of this title . ( Pub. L. 89–387, § 5 , Apr. 13, 1966 , 80 Stat. 108 .)

§ 267 “State” defined

As used in this Act, the term “State” includes the District of Columbia, the Commonwealth of Puerto Rico, Guam, the Commonwealth of the Northern Mariana Islands, or any possession of the United States. ( Pub. L. 89–387, § 7 , Apr. 13, 1966 , 80 Stat. 109 ; Pub. L. 106–564, § 1(c) , Dec. 23, 2000 , 114 Stat. 2811 .)