nism or pest carried by an animal or plant, or a prod uct thereof; or (iv) prevent or limit other damage in the United States arising from the introduction, establishment, a spread of a pest. (B) FORM.-The form of a sanitary or phytosanitary measure includes— (i) end product criteria; (ii) a product-related processing or production meth od; (iii) a testing, inspection, certification, or approva procedure; (iv) a relevant statistical method; (v) a sampling procedure; (vi) a method of risk assessment; (vii) a packaging and labeling requirement direct related to food safety; and (viii) a quarantine treatment, such as a relevant r quirement associated with the transportation of ar mals or plants or with material necessary for the survival during transportation. CHAPTER 2-standards-related measures SEC. 471.60 GENERAL. (a) NO BAR TO ENGAGING IN STANDARDS ACTIVITY.-Nothing this chapter shall be construed (1) to prohibit a Federal agency from engaging in activity lated to standards-related measures, including any such me ure relating to safety, the protection of human, animal, plant life or health, the environment or consumers; or (2) to limit the authority of a Federal agency to determ the level it considers appropriate of safety or of protection human, animal, or plant life or health, the environment or cr sumers. (b) EXCLUSION.-This chapter does not apply to (1) technical specifications prepared by a Federal agency production or consumption requirements of the agency; or (2) sanitary or phytosanitary measures under chapter 1. SEC. 472.61 INQUIRY POINT. The standards information center maintained under section 4 shall, in addition to the functions specified therein, make availa to the public relevant documents, at such reasonable fees as " Secretary of Commerce may prescribe, and information regarding (1) the membership and participation of the Federal Gover ment, State governments, and relevant nongovernmental b ies in the United States in international and regional star ardizing bodies and conformity assessment systems, and in lateral and multilateral arrangements regarding standardslated measures, and the provisions of those systems and rangements; 80 19 U.S.C. 2576. Trade Agreements Act of 1979 (P. L 30. (2) the location of notices of toe type quis want salotos 909 of the NAFTA or where the notice can be obtamed; and (3) the Federal agency procedure for aer cells of factors the agency consider cons establishing the levels of prove CAPCHAPTER DEFINITION; APPROVAL PROCED Tar registraLIST SOS DTOUROUT (B) characteristics for a service or its related operating methods, or (C) provisions specifying terminology, symbols, packaging, marking, or labelling for (i) a good or its related process or production method, or (ii) a service or its related operating method, set out in a document, including applicable administrative, explanatory, and other related provisions, with which compliance is mandatory. (8) TELECOMMUNICATIONS SERVICE.-The term "telecommunications service" means a service provided by means of the transmission and reception of signals by any electromagnetic means, but does not mean the cable, broadcast, or other electromagnetic distribution of radio or television programming to the public generally. CHAPTER 3-SUBTITLE DEFINITIONS SEC. 481.63 DEFINITIONS. Notwithstanding section 451, for purposes of this subtitle (1) NAFTA-The term "NAFTA" means the North American Free Trade Agreement. (2) STATE. The term "State" means any of the several States, the District of Columbia, and the Commonwealth of Puerto Rico. TITLE XI-MISCELLANEOUS PROVISIONS * * * SEC. 1102.64 AUCTION OF IMPORT LICENSES. (a) IN GENERAL.-Noth withstanding any other provision of law, the President may sell import licenses at public auction under such terms and conditions as he deems appropriate. Regulations prescribed under this subsection shall, to the extent practicable and consistent with efficient and fair administration, insure against inequitable sharing of imports by a relatively small number of the larger importers. (b) DEFINITION OF IMPORT LICENSE.-For purposes of this section, the term "import license" means any documentation used to administer a quantitative restriction imposed or modified after the date of enactment of this Act under (1) section 125, 203, 301, or 406 of the Trade Act of 1974 (19 U.S.C. 2135, 2253, 2411, or 2436), (2) the International Emergency Economic Powers Act (50 U.S.C. App. 1701-1706),65 (3) authority under the notes of the Harmonized Tariff Schedule of the United States,66 but not including any quan 63 19 U.S.C. 2577. 64 19 U.S.C. 2581. 66 For text, see page 1046. The words "notes of the Harmonized Tariff Schedule . . ." were substituted in lieu of "headnotes of the Tariff Schedules . . ." by sec. 1214(k) of Public Law 100-418 (102 Stat. 1158). titative restriction imposed under section 22 of the Agricultural Adjustment Act of 1934 (7 U.S.C. 624), (4) the Trading With the Enemy Act (50 U.S.C. App. 1-44), (5) section 204 of the Agriculture Act of 1956 (7 U.S.C. 1854) other than for meat or meat products, or (6) any Act enacted explicitly for the purpose of implementing an international agreement to which the United States is a party, including such agreements relating to commodities, but not including any agreement relating to cheese or dairy products. SEC. 1109.67 REORGANIZING AND RESTRUCTURING OF INTER NATIONAL TRADE FUNCTIONS OF THE UNITED STATES (a) IN GENERAL.-The President shall submit to the Congress, not later than July 10, 1979, a proposal to restructure the international trade functions of the Executive Branch of the United States Government.68 In developing his proposal, the President shall consider, among other possibilities, strengthening the coordination and functional responsibilities of the Office of the United States Trade Representative 27 to include, among other things, representation of the United States in all matters before the General Agreement on Tariffs and Trade, the establishment of a board of trade with a coordinating mechanism in the Executive Office of the President, and the establishment of a Department of International Trade and Investment. The recommendations of the President, as embodied in such proposal, should include a monitoring and enforcement structure which would insure protection of United States rights under agreements negotiated pursuant to the Tokyo Round of the Multilateral Trade Negotiations and all other elements of multilateral and bilateral international trade agreements. The proposal should result in an upgrading of commercial programs and commercial attachés overseas to assure that the United States trading partners are meeting their trade agreement obligations, particularly those entered into under such agreements, including the tendering procedures of the Agreement on Government Procurement. (b) CONGRESSIONAL ACTION.-In order to ensure that the 96th Congress takes final action on a comprehensive reorganization of trade functions as soon as possible, the appropriate committee of each House of the Congress shall give the proposal by the President immediate consideration and shall make its best efforts to take final committee action to reorganize and restructure the international trade functions of the United States Government by November 10, 1979. SEC. 1110.67 STUDY OF EXPORT TRADE POLICY. (a) REVIEW OF EXPORT PROMOTION AND DISINCENTIVES.-The President shall review all export promotion functions of the executive branch and potential programmatic and regulatory disincentives to exports, and shall submit to the Congress a report of that 6719 U.S.C. 2111 note. Such a proposal was submitted to the Congress on Sept. 25, 1979, as Reorganization Plan review not later than July 15, 1980. The report should make particular reference to those activities which enhance the role of smalland medium-sized businesses in export trade. (b) CONDITIONS OF COMPETITION STUDY.-Not later than July 15, 1980, the President shall submit to the Congress a study of the factors bearing on the competitive posture of United States producers and the policies and programs required to strengthen the relative competitive position of the United States in world markets. SEC. 1111. SEC. 1112.70 CONCESSION-RELATED REVENUE LOSSES TO UNITED STATES POSSESSIONS. * * * [Repealed-1983] SEC. 1113. NO BUDGET AUTHORITY FOR ANY FISCAL YEAR BEFORE FISCAL YEAR 1981. Nothing in this Act shall be construed as authorizing the enactment of new budget authority for any fiscal year beginning before October 1, 1980. SEC. 1114.71 EFFECTIVE DATE. Except as otherwise provided in this title, this title shall take effect on the date of enactment of this Act. Sec. 1111, entitled "Generalized System of Preferences", amended title V of the Trade Act of 1974 (19 U.S.C. 2461 et seq.). 70 Sec. 1112 was repealed by 214(d) of the Caribbean Basin Economic Recovery Act (Public Law 98-67; 97 Stat. 393). |