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4 SEC. 401. CERTAIN STANDARDS-RELATED ACTIVITIES.

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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:

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(1) NONDISCRIMINATORY

TREATMENT.-Each

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Federal agency shall ensure, in applying standards-re

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lated activities with respect to any imported product,

that such product is treated no less favorably than are

like domestic or imported products, including, but not

limited to, when applying tests or test methods, no less favorable treatment with respect to

(A) the acceptance of the product for testing in comparable situations;

(B) the administration of the tests in comparable situations;

(C) the fees charged for tests;

(D) the release of test results to the export

er, 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:

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Subtitle B-Functions of Federal Agencies

2 SEC. 411. FUNCTIONS OF SPECIAL REPRESENTATIVE.

3 (a) IN GENERAL.-The Special Representative shall co4 ordinate the consideration of international trade policy issues 5 that arise as a result of, and shall develop international trade 6 policy as it relates to, the implementation of this title. 7 (b) NEGOTIATING FUNCTIONS.-The Special Repre8 sentative has responsibility for coordinating United States 9 discussions and negotiations with foreign countries for the 10 purpose of establishing mutual arrangements with respect to 11 standards-related activities. In carrying out this responsibili12 ty, the Special Representative shall inform and consult with 13 any Federal agency having expertise in the matters under 14 discussion and negotiation.

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For provisions of law regarding general authority of the Special Representatives with respect to trade agreements, see section 141 of the Trade Act of 1974 (19 U.S.C. 2171).

16 SEC. 412. ESTABLISHMENT AND OPERATION OF TECHNICAL

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OFFICES.

(a) ESTABLISHMENT.—

(1) FOR NONAGRICULTURAL PRODUCTS.-The

Secretary of Commerce shall establish and maintain within the Department of Commerce a technical office

that shall carry out the functions prescribed under sub

section (b) with respect to nonagricultural products.

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1 intended use of a product and the level of performance

rather than on design criteria, such as those relating to the physical form of the product or the types of materi

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that the product must achieve under defined conditions,

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al of which the product is made.

(4) CERTIFICATION ACCESS FOR FOREIGN SUPPLIERS.-Each Federal agency shall, with respect to any certification system used by it, permit access for obtaining certification under that system to foreign suppliers of a product on the same basis as access is permitted to suppliers of like products, whether of domestic or other foreign origin.

13 SEC. 403. STATE AND PRIVATE

STANDARDS-RELATED

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15 (a) IN GENERAL.-It is the sense of the Congress that 16 no State agency and no private person should engage in any 17 standards-related activity that creates unnecessary obstacles 18 to the foreign commerce of the United States.

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(b) PRESIDENTIAL ACTION.-The President shall take 20 such reasonable measures as may be available to promote the 21 observance by State agencies and private persons, in carry22 ing out standards-related activities, of requirements equiva23 lent to those imposed on Federal agencies under section 402, 24 and of procedures that provide for notification, participation, 25 and publication with respect to such activities.

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Subtitle B-Functions of Federal Agencies

2 SEC. 411. FUNCTIONS OF SPECIAL REPRESENTATIVE.

3 (a) IN GENERAL.-The Special Representative shall co4 ordinate the consideration of international trade policy issues 5 that arise as a result of, and shall develop international trade 6 policy as it relates to, the implementation of this title. 7 (b) NEGOTIATING FUNCTIONS.-The Special Repre8 sentative has responsibility for coordinating United States 9 discussions and negotiations with foreign countries for the 10 purpose of establishing mutual arrangements with respect to 11 standards-related activities. In carrying out this responsibili12 ty, the Special Representative shall inform and consult with 13 any Federal agency having expertise in the matters under 14 discussion and negotiation.

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For provisions of law regarding general authority of the Special Representatives with respect to trade agreements, see section 141 of the Trade Act of 1974 (19 U.S.C. 2171).

16 SEC. 412. ESTABLISHMENT AND OPERATION OF TECHNICAL

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OFFICES.

(a) ESTABLISHMENT.—

(1) FOR NONAGRICULTURAL PRODUCTS.—The Secretary of Commerce shall establish and maintain

within the Department of Commerce a technical office

that shall carry out the functions prescribed under sub

section (b) with respect to nonagricultural products.

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