G/TBT/GEN/273  
 
11 November 2019  
(19-7637) Page: 1/2 
Committee on Technical Barriers to Trade    
 
 
FACTORS U.S. FEDERAL AGENCIE S CONSIDER WHEN DECIDI NG TO USE A STANDARD  
COMMUNICATION FROM T HE UNITED STATES  
The following communication, dated 8 November  2019, is being circulated at the request of the 
delegation of the United States . 
 
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Office of Management and Budget (OMB) Circular A -1191, "Federal Participation in th e Development 
and Use of Voluntary Consensu s Standards and in Conformity Assessment Activities " outlines factors 
U.S. federal agencies should consider when deciding to use standards:  
 
1.  Whether the standard is effective and otherwise suitable for meeting agency regulatory, 
procurement, or program nee ds, including as  applicable:  
a. The nature  of the agency 's statutory  mandate  and the consistency  of the standard  with that  
mandate;  
b. The level of protection the standard provides or is expected to provide for public health, 
welfare, safety, and the  environment;  
c. The clarity and detail of the standard's language, as the wording of a standard may contain 
too much detail as well as too  little; 
d. The costs and benefits of implementing other available standards that may also meet the 
agency 's needs;  
e. The cost s and benefits to the Federal government and the regulated public of the agency 
developing its own  standard;  
f. The ongoing use of the standard by other agencies for the same or a similar requirement, 
the use of which in a particular instance would increase c onsistency across the Federal  
government;  
g. The ongoing use of the standard by State and local governments for the same or a similar 
requirement, the use of which in a particular instance would increase consistency across  
jurisdictions;  
h. The prevalence of the  use of the standard in the national and international marketplaces;  
i. The problems addressed by the standard and changes in the state of knowledge and 
technology since the standard was prepared or last  revised;  
                                              
1 The full text of the Office of Management and Budget (OMB) Circular A -119 is available here:  
https://www.nist.gov/sites/default/files/revised_circular_a -119_as_of_01 -22-2016.pdf . G/TBT/GEN/273  
 
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  j. The extent  to which  the standard  establishes  performance  rather  than design  criteria, 
where  feasible;  
k. The ability of small - and medium -sized enterprises (SMEs) to comply with the standard;  
and 
l. The agency 's ability  to use, and enforce  compliance  with, the standard  in its regulatory 
process.  
2.  The extent to which, when preparing the standard, the standards body reflected the attributes 
of a voluntary consensus standards body. The procedures related to these  attributes  (e.g.,  openness,  
balance,  due process,  appeals  process,  and consensus)  should be e asily accessible, clear and 
unambiguous. (Voluntary Consensus Standards are defined in Section 2.d and 2.e of OMB  A-119.)  
3.  The extent to which the standard is an international standard (see  Section  5h of OMB A-119).  
4.  Any barriers to membership and participation in the standards development process, given that 
fee structures, modes of participation, and other factors can impact the ability of SMEs, public 
interest groups, and the general public to  participate.  
5.  Whether the standard is "reasonably available. " (See Section 5f of OMB A -119 for additional 
information.)  
6.  The standards maintenance process used by the relevant standards developing body or bodies.  
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