19 U.S.C. § 2544 — Standards information center

Page 747 TITLE 19—CUSTOMS DUTIES § 2544 (A) Organization member The term ‘‘organization member’’ means the private person who holds membership in a private international standards organiza- tion. (B) Private international standards organiza- tion The term ‘‘private international standards organization’’ means any international standards organization before which the in- terests of the United States are represented by a private person who is officially recog- nized by that organization for such purpose. (2) In general Except as otherwise provided for in this sub- section, the representation of United States interests before any private international standards organization shall be carried out by the organization member. (3) Inadequate representation If the Secretary concerned, after inquiry in- stituted on his own motion or at the request of any private person, Federal agency, or State agency having an interest therein, has reason to believe that the participation by the orga- nization member in the proceedings of a pri- vate international standards organization will not result in the adequate representation of United States interests that are, or may be, affected by the activities of such organization (particularly with regard to the potential im- pact of any such activity on the international trade of the United States), the Secretary con- cerned shall immediately notify the organiza- tion member concerned. During any such in- quiry, the Secretary concerned may solicit and consider the advice of the appropriate rep- resentatives referred to in section 2547 of this title. (4) Action by organization member If within the 90-day period after the date on which notification is received under paragraph (3) (or such shorter period as the Secretary concerned determines to be necessary in ex- traordinary circumstances), the organization member demonstrates to the Secretary con- cerned its willingness and ability to represent adequately United States interests before the private international standards organization, the Secretary concerned shall take no further action under this subsection. (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 re- spond but does not demonstrate to the Sec- retary concerned the requisite willingness and ability to represent adequately United States interests; or (B) there is no organization member of the private international standards organiza- tion; the Secretary concerned shall make appro- priate arrangements to provide for the ade- quate representation of United States inter- ests. In cases where subparagraph (A) applies, such provision shall be made by the Secretary concerned through the appropriate organiza- tion member if the private international standards organization involved requires rep- resentation 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 Sec- retary concerned shall— (1) encourage cooperation among interested Federal agencies with a view toward facili- tating 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 re- spect to the activities undertaken by such or- ganization, 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.) Editorial Notes AMENDMENTS 1996—Subsec. (a)(1). Pub. L. 104–295 amended directory language of Pub. L. 103–182. See 1993 Amendment note below. 1993—Subsec. (a)(1). Pub. L. 103–182, as amended by Pub. L. 104–295, substituted ‘‘Trade Representative’’ for ‘‘Special Representative’’. § 2544. Standards information center (a) Establishment The Secretary of Commerce shall maintain within the Department of Commerce a standards information center. (b) Functions The standards information center shall— (1) serve as the central national collection facility for information relating to (A) stand- ards, technical regulations, conformity assess- ment procedures, and standards-related activi- ties, whether such standards, technical regula- tions, conformity assessment procedures, or activities are public or private, domestic or foreign, or international, regional, national, or local and (B) the membership and participa- tion 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 arrange- ments concerning standards-related activities; (2) make available to the public at such rea- sonable fee as the Secretary shall prescribe, copies of information required to be collected under paragraph (1) other than information to which paragraph (3) applies; Page 748 TITLE 19—CUSTOMS DUTIES § 2545 (3) use its best efforts to make available to the public, at such reasonable fees as the Sec- retary 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 for- eign 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 ac- tivities, 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 ap- propriate, including but not limited to, such services to the technical offices established under section 2542 of this title as may be re- quested 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 sub- section (b), make available to the public rel- evant 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 inspec- tion procedure or approval procedure pro- posed, adopted, or maintained by a Federal agency or agency of a State or local govern- ment; (B) the procedures of a Federal agency or an agency of a State or local government for risk assessment and factors the agency con- siders in conducting the assessment; (C) the determination of the levels of pro- tection that a Federal agency or an agency of a State or local government considers ap- propriate; 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 multilat- eral arrangements regarding sanitary and phytosanitary measures, and the provisions of those systems and arrangements. (2) Definitions The definitions in section 2575b of this title apply for purposes of this subsection. (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.) Editorial Notes AMENDMENTS 1996—Subsec. (b)(1). Pub. L. 104–295 struck out comma after ‘‘procedures,’’ in two places. 1994—Subsec. (b)(1). Pub. L. 103–465, § 351(d), inserted ‘‘(A)’’ after ‘‘relating to’’, substituted ‘‘technical regu- lations, conformity assessment procedures,’’ for ‘‘cer- tification systems’’ and ‘‘such standards, technical reg- ulations, conformity assessment procedures,’’ for ‘‘such standards, systems’’, and inserted ‘‘and’’ and cl. (B) be- fore semicolon at end. Subsec. (c). Pub. L. 103–465, § 431(a), added subsec. (c). Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1994 AMENDMENT Amendment by section 351(d) of Pub. L. 103–465 effec- tive on the date on which the WTO Agreement enters into force with respect to the United States (Jan. 1, 1995), see section 352 of Pub. L. 103–465, set out as a note under section 2531 of this title. Amendment by section 431(a) of Pub. L. 103–465 effec- tive on the date of entry into force of the WTO Agree- ment with respect to the United States [Jan. 1, 1995], except as otherwise provided, see section 451 of Pub. L. 103–465, set out as an Effective Date note under section 3601 of this title. § 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 sub- chapter, make grants to, or enter into contracts with, any other Federal agency, any State agen- cy, 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 stand- ards-related activities; and (4) to encourage United States exports through increased awareness of foreign stand- ards-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 appropria- tion Acts. (b) Terms and conditions Any contract entered into, or any grant made, under subsection (a) shall be subject to such terms and conditions as the Trade Representa- tive or Secretary concerned shall by regulation prescribe as being necessary or appropriate to protect the interests of the United States. (c) Limitations Financial assistance extended under this sec- tion shall not exceed 75 percent of the total costs (as established by the Trade Representa- tive or Secretary concerned, as the case may be) of the program or activity for which assistance is made available. The non-Federal share of such costs shall be made in cash or kind, consistent with the maintenance of the program or activity concerned.