Page:United States Statutes at Large Volume 93.djvu/275

 PUBLIC LAW 96-39—JULY 26, 1979

93 STAT. 243

(II) The prevention of deceptive practices. (III) The protection of human health or safety, animal or plant life or health, or the environment. (IV) Fundamental climatic or other geographical factors. (V) Fundamental technological problems. (ii) REGIONAL STANDARDS.—In developing standards, a Federal agency may, but is not required to, take into consideration any international standard promulgated by an international standards organization the membership of which is described in section 451(6)(A)(ii). (3) PERFORMANCE CRITERIA.—Each Federal agency shall, if appropriate, develop standards based on performance criteria, such as those relating to the intended use of a product and the level of performance that the product must achieve under defined conditions, rather than on design criteria, such as those relating to the physical form of the product or the types of material of which the product is made. (4) CERTIFICATION ACCESS FOR FOREIGN SUPPUERS.—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. SEC. 403. STATE AND PRIVATE STANDARDS-RELATED ACTIVITIES.

(a) IN GENERAL.—It is the sense of the Congress that no State 19 USC 2533. agency and no private person should engage in any standards-related activity that creates unnecessary obstacles to the foreign commerce of the United States. (b) PRESIDENTIAL ACTION.—The President shall take such reasonable measures as may be available to promote the observance by State agencies and private persons, in carrying out standards-related activities, of requirements equivalent to those imposed on Federal agencies under section 402, and of procedures that provide for notification, participation, and publication with respect to such activities. Subtitle B—Functions of Federal Agencies SEC. 411. FUNCTIONS OF SPECIAL REPRESENTATIVE.

(a) IN GENERAL.—The Special Representative shall coordinate the 19 USC 2541. consideration of international trade policy issues that arise as a result of, and shall develop international trade policy as it relates to, the implementation of this title. (b) NEGOTIATING FUNCTIONS.—The Special Representative has re-

sponsibility for coordinating United States discussions and negotiations with foreign countries for the purpose of establishing mutual arrangements with respect to standards-related activities. In carrying out this responsibility, the Special Representative shall inform and consult with any Federal agency having expertise in the matters under discussion and negotiation. (c) CROSS REFERENCE.—

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