PUBLIC LAW 104-113—MAR. 7, 1996 110 STAT. 783 merit activities, with the goal of eUminating unnecessary duphcation and complexity in the development and promulgation of conformity assessment requirements and measures.". (c) TRANSMITTAL OF PLAN TO CONGRESS. —The National 15 USC 272 note. Institute of Standards and Technology shall, within 90 days after the date of enactment of this Act, transmit to the Congress a plan for implementing the amendments made by this section. (d) UTILIZATION OF CONSENSUS TECHNICAL STANDARDS BY FED- 15 USC 272 note. ERAL AGENCIES; REPORTS. — (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. —I f 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) DEFINITION OF TECHNICAL STANDARDS. —As used in this subsection, the term "technical standards" means performancebased or design-specific technical specifications and related management systems practices. SEC. 13. SENSE OF CONGRESS. It is the sense of the Congress that the Malcolm Baldrige National Quality Award program offers substantial benefits to
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