208

1 SEC. 307. AVAILABILITY OF INFORMATION TO CONGRES

2

3

The Special Representative for Trade Negotiations shall 4 make available to the Members of Congress designated as 5 official advisers pursuant to section 161 of the Trade Act of 6 1974 information compiled by the Committee on Government 7 Procurement under part VI, paragraph 9, of the Agreement.

8 SEC. 308. DEFINITIONS.

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

26

SIONAL ADVISERS.

As used in this title

(1) AGREEMENT.-The term "Agreement" means the Agreement on Government Procurement referred to in section 2(c) of this Act, as submitted to the Congress, but including rectifications, modifications, and amendments which are accepted by the United States. (2) CIVIL AIRCRAFT.-The term "civil aircraft and related articles" means

(A) all aircraft other than aircraft to be purchased for use by the Department of Defense or the United States Coast Guard;

(B) the engines (and parts and components for incorporation therein) of such aircraft;

(C) any other parts, components, and subassemblies for incorporation in such aircraft; and

(D) any ground flight simulators, and parts and components thereof, for use with respect to such aircraft,

207

1 gress a report which assesses the economic impact, including 2 the impact on employment in various regions of the United 3 States, of the waiver of the provisions of title III of the Act 4 of March 3, 1933 (41 U.S.C. 10a et seq.), commonly referred 5 to as the Buy American Act, in the procurement of products 6 produced in labor surplus areas and of the waiver of procure7 ment set-asides for labor surplus areas.

8 (b) EFFECT ON TARGETS.-On or before July 1, 1981, 9 the President shall prepare and transmit to the Congress a 10 report which assesses the effect of the waiver of the provi11 sions of such title III in the procurement of products pro12 duced in labor surplus areas and the waiver of procurement 13 set-asides for labor surplus areas on the fulfillment of the 14 objectives of Executive Order 12073, issued August 16, 15 1978, relating to the encouragement of procurement in labor 16 surplus areas, including an assessment of such waiver on the 17 procurement targets set by the Administrator of the General 18 Services Administration pursuant to such Executive order. 19 On or before January 1, 1980, the President shall begin con20 sultation with and provide interim reports to the congression21 al committees referred to in section 302(c)(1) concerning the 22 report required by the preceding sentence.

1

2

3

4

5

6

7

8

9

10

11

20

21

22

12

13

14

15

16 SEC. 309. EFFECTIVE DATES.

17

18 of enactment of this Act, except that—

19

23

24

210

character, or use distinct from that of the article or articles from which it was so transformed.

(5) INSTRUMENTALITY.-The term "instrumentality" shall not be construed to include an agency or division of the government of a country, but may be construed to include such arrangements as the Euro

pean Economic Community.

(6) LEAST DEVELOPED COUNTRY.-The term "least developed country" means any country on the United Nations General Assembly list of least developed countries.

(7) MAJOR INDUSTRIAL COUNTRY.-The term "major industrial country" means any such country as defined in section 126 of the Trade Act of 1974 and

any instrumentality of such a country.

The provisions of this title shall be effective on the date

(1) the authority of the President to grant waivers under section 303 shall be effective on January 1, 1980; and

(2) the authority of the President to grant waivers under section 301 shall be effective on January 1, 1981.

211

1 TITLE IV-TECHNICAL BARRIERS TO TRADE

2

(STANDARDS)

3

Subtitle A-Obligations of the United States

4 SEC. 401. CERTAIN STANDARDS-RELATED ACTIVITIES.

5

Nothing in this title may be construed as prohibiting any 6 private person, Federal agency, or State agency from engag7 ing in standards-related activities that do not create unneces8 sary obstacles to the foreign commerce of the United States. 9 No standards-related activity of any private person, Federal 10 agency, or State agency shall be deemed to constitute an 11 unnecessary obstacle to the foreign commerce of the United 12 States if the demonstrable purpose of the standards-related 13 activity is to achieve a legitimate domestic objective includ14 ing, but not limited to, the protection of legitimate health or 15 safety, essential security, environmental, or consumer inter16 ests and if such activity does not operate to exclude imported 17 products and which fully meet the objectives of such activity. 18 SEC. 402. FEDERAL STANDARDS-RELATED ACTIVITIES.

19

No Federal agency may engage in any standards-relat20 ed activity that creates unnecessary obstacles to the foreign 21 commerce of the United States, including, but not limited to, 22 standards-related activities that violate any of the following

23 requirements:

24

25

(1) NONDISCRIMINATORY

TREATMENT.-Each

Federal agency shall ensure, in applying standards-re

212

1 lated activities with respect to any imported product,

2

that such product is treated no less favorably than are

3

like domestic or imported products, including, but not

4

limited to, when applying tests or test methods, no less

5

favorable treatment with respect to

6

(A) the acceptance of the product for testing

in comparable situations;

(B) the administration of the tests in compa

rable situations;

(C) the fees charged for tests;

(D) the release of test results to the exporter, importer, or agents;

(E) the siting of testing facilities and the selection of samples for testing; and

(F) the treatment of confidential information pertaining to the product.

(2) USE OF INTERNATIONAL STANDARDS.

(A) IN GENERAL.-Except as provided in subparagraph (B)(ii), each Federal agency, in developing standards, shall take into consideration international standards and shall, if appropriate, base the standards on international standards.

(B) APPLICATION OF REQUIREMENT.—For purposes of this paragraph, the following apply: