Collapse to view only § 2546. Technical assistance
- § 2541. Functions of Trade Representative
- § 2542. Establishment and operation of technical offices
- § 2543. Representation of United States interests before international standards organizations
- § 2544. Standards information center
- § 2545. Contracts and grants
- § 2546. Technical assistance
- § 2547. Consultations with representatives of domestic interests
§ 2541. Functions of Trade Representative
(a) In general
(b) Negotiating functions
(c) Cross reference
(Pub. L. 96–39, title IV, § 411, July 26, 1979, 93 Stat. 243; Pub. L. 103–182, title III, § 351(b)(2), Dec. 8, 1993, 107 Stat. 2122; Pub. L. 104–295, § 21(b)(1), (2), Oct. 11, 1996, 110 Stat. 3529, 3530.)
§ 2542. Establishment and operation of technical offices
(a) Establishment
(1) For nonagricultural products
(2) For agricultural products
(b) Functions of offices
(Pub. L. 96–39, title IV, § 412, July 26, 1979, 93 Stat. 244.)
§ 2543. Representation of United States interests before international standards organizations
(a) Oversight and consultation
The Secretary concerned shall—
(1) inform, and consult and coordinate with, the Trade Representative with respect to international standards-related activities identified under paragraph (2);
(2) keep adequately informed regarding international standards-related activities and identify those that may substantially affect the commerce of the United States; and
(3) carry out such functions as are required under subsections (b) and (c).
(b) Representation of United States interests by private persons
(1) Definitions
For purposes of this subsection—
(A) Organization member
(B) Private international standards organization
(2) In general
(3) Inadequate representation
(4) Action by organization member
(5) Action by Secretary concerned
If—
(A) within the appropriate period referred to in paragraph (4), the organization member does not respond to the Secretary concerned with respect to the notification, or does respond but does not demonstrate to the Secretary concerned the requisite willingness and ability to represent adequately United States interests; or
(B) there is no organization member of the private international standards organization;
the Secretary concerned shall make appropriate arrangements to provide for the adequate representation of United States interests. In cases where subparagraph (A) applies, such provision shall be made by the Secretary concerned through the appropriate organization member if the private international standards organization involved requires representation by that member.
(c) Representation of United States interests by Federal agencies
With respect to any international standards organization before which the interests of the United States are represented by one or more Federal agencies that are officially recognized by that organization for such purpose, the Secretary concerned shall—
(1) encourage cooperation among interested Federal agencies with a view toward facilitating the development of a uniform position with respect to the technical activities with which the organization is concerned;
(2) encourage such Federal agencies to seek information from, and to cooperate with, the affected domestic interests when undertaking such representation; and
(3) not preempt the responsibilities of any Federal agency that has jurisdiction with respect to the activities undertaken by such organization, unless requested to do so by such agency.
(Pub. L. 96–39, title IV, § 413, July 26, 1979, 93 Stat. 244; Pub. L. 103–182, title III, § 351(b)(2)(A), Dec. 8, 1993, 107 Stat. 2122; Pub. L. 104–295, § 21(b)(1), Oct. 11, 1996, 110 Stat. 3529.)
§ 2544. Standards information center
(a) Establishment
(b) Functions
The standards information center shall—
(1) serve as the central national collection facility for information relating to (A) standards, technical regulations, conformity assessment procedures, and standards-related activities, whether such standards, technical regulations, conformity assessment procedures, or activities are public or private, domestic or foreign, or international, regional, national, or local and (B) the membership and participation of Federal, State, or local government bodies or private bodies in the United States in international and regional standardizing bodies and conformity assessment systems, as well as in bilateral and multilateral arrangements concerning standards-related activities;
(2) make available to the public at such reasonable fee as the Secretary shall prescribe, copies of information required to be collected under paragraph (1) other than information to which paragraph (3) applies;
(3) use its best efforts to make available to the public, at such reasonable fees as the Secretary shall prescribe, copies of information required to be collected under paragraph (1) that is of private origin, on a cooperative basis with the private individual or entity, foreign or domestic, who holds the copyright on the information;
(4) in case of such information that is of foreign origin, provide, at such reasonable fee as the Secretary shall prescribe, such translation services as may be necessary;
(5) serve as the inquiry point for requests for information regarding standards-related activities, whether adopted or proposed, within the United States, except that in carrying out this paragraph, the Secretary of Commerce shall refer all inquiries regarding agricultural products to the technical office established under section 2542(a)(2) of this title within the Department of Agriculture; and
(6) provide such other services as may be appropriate, including but not limited to, such services to the technical offices established under section 2542 of this title as may be requested by those offices in carrying out their functions.
(c) Sanitary and phytosanitary measures
(1) Public information
The standards information center shall, in addition to the functions specified under subsection (b), make available to the public relevant documents, at such reasonable fees as the Secretary of Commerce may prescribe, and information regarding—
(A) any sanitary or phytosanitary measure of general application, including any inspection procedure or approval procedure proposed, adopted, or maintained by a Federal agency or agency of a State or local government;
(B) the procedures of a Federal agency or an agency of a State or local government for risk assessment and factors the agency considers in conducting the assessment;
(C) the determination of the levels of protection that a Federal agency or an agency of a State or local government considers appropriate; and
(D) the membership and participation of the Federal Government and State and local governments in international and regional sanitary and phytosanitary organizations and systems, and in bilateral and multilateral arrangements regarding sanitary and phytosanitary measures, and the provisions of those systems and arrangements.
(2) Definitions
(Pub. L. 96–39, title IV, § 414, July 26, 1979, 93 Stat. 245; Pub. L. 103–465, title III, § 351(d), title IV, § 431(a), Dec. 8, 1994, 108 Stat. 4956, 4966; Pub. L. 104–295, § 20(c)(15), Oct. 11, 1996, 110 Stat. 3529.)
§ 2545. Contracts and grants
(a) In general
For purposes of carrying out this subchapter, and otherwise encouraging compliance with the Agreement, the Trade Representative and the Secretary concerned may each, with respect to functions for which responsible under this subchapter, make grants to, or enter into contracts with, any other Federal agency, any State agency, or any private person, to assist such agency or person to implement appropriate programs and activities, including, but not limited to, programs and activities—
(1) to increase awareness of proposed and adopted standards-related activities;
(2) to facilitate international trade through the appropriate international and domestic standards-related activities;
(3) to provide, if appropriate, and pursuant to section 2543 of this title, adequate United States representation in international standards-related activities; and
(4) to encourage United States exports through increased awareness of foreign standards-related activities that may affect United States exports.
No contract entered into under this section shall be effective except to such extent, and in such amount, as is provided in advance in appropriation Acts.
(b) Terms and conditions
(c) Limitations
(d) Audit
(Pub. L. 96–39, title IV, § 415, July 26, 1979, 93 Stat. 246; Pub. L. 103–182, title III, § 351(b)(2)(A), Dec. 8, 1993, 107 Stat. 2122; Pub. L. 104–295, § 21(b)(1), Oct. 11, 1996, 110 Stat. 3529.)
§ 2546. Technical assistance
The Trade Representative and the Secretary concerned may each, with respect to functions for which responsible under this subchapter, make available, on a reimbursable basis or otherwise, to any other Federal agency, State agency, or private person such assistance, including, but not limited to, employees, services, and facilities, as may be appropriate to assist such agency or person in carrying out standards-related activities in a manner consistent with this subchapter.
(Pub. L. 96–39, title IV, § 416, July 26, 1979, 93 Stat. 247; Pub. L. 103–182, title III, § 351(b)(2)(A), Dec. 8, 1993, 107 Stat. 2122; Pub. L. 104–295, § 21(b)(1), Oct. 11, 1996, 110 Stat. 3529.)
§ 2547. Consultations with representatives of domestic interests
In carrying out the functions for which responsible under this subchapter, the Trade Representative and the Secretary concerned shall solicit technical and policy advice from the committees, established under section 2155 of this title, that represent the interests concerned, and may solicit advice from appropriate State agencies and private persons.
(Pub. L. 96–39, title IV, § 417, July 26, 1979, 93 Stat. 247; Pub. L. 103–182, title III, § 351(b)(2)(A), Dec. 8, 1993, 107 Stat. 2122; Pub. L. 104–295, § 21(b)(1), Oct. 11, 1996, 110 Stat. 3529.)