TECHNICAL BARRIERS TO TRADE.

SEC. 351. TECHNICAL BARRIERS TO TRADE. (a) References.—All references in this section are to title IV of the Trade Agreements Act of 1979 (19 U.S.C. 2531 et seq.) unless otherwise specified. (b) Section 401.—Section 401 is amended— (1) by striking “Nothing” and inserting “(b) Unnecessary Obstacles.—Nothing”; and (2) by inserting after the section heading the following: “(a) No Bar To Engaging in Standards Activity.—Nothing in this title may be construed— “(1) to prohibit a Federal agency from engaging in activity related to standards-related measures, including any such 108 STAT. 4956measure relating to safety, the protection of human, animal, or plant life or health, the environment, or consumers; or “(2) to limit the authority of a Federal agency to determine the level it considers appropriate of safety or of protection of human, animal, or plant life or health, the environment, or consumers.”. (c) Section 402.— Section 402(4) is amended— (1) “Certification access”in the paragraph heading and inserting “Access”; (2) by striking “certification system” and inserting “conformity assessment procedure”; and (3) by striking “certification under that system” and inserting “an assessment of conformity and the mark of the system, if any”. (d) Section 414.—Section 414(b)(1) is amended— (1) by inserting “(A)” after “relating to”; (2) by striking “certification systems” and inserting “technical regulations, conformity assessment procedures,”; (3) by striking “such standards, systems” and inserting “such standards, technical regulations, conformity assessment procedures,”; and (4) after “local” by inserting “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”. (e) Definitions.—Section 451 is amended— (1) so that paragraph (1) reads as follows: “(1) Agreement.—The term ‘Agreement means the Agreement on Technical Barriers to Trade referred to in section 101(d)(5) of the Uruguay Round Agreements Act.”; (2) so that paragraph (2) reads as follows: “(2) Conformity assessment procedure.—The term ‘conformity assessment procedure’ means any procedure used, directly or indirectly, to determine that relevant requirements in technical regulations or standards are fulfilled.”; (3) in paragraph (4), by striking “certification system” and inserting ’‘conformity assessment procedure” each place it occurs; (4) so that paragraph (6)(A) reads as follows: “(A) the membership of which is open to representatives, whether public or private, of the United States and at least all Members.”; (5) in paragraph (7), by striking “certification system” and inserting “conformity assessment procedure”; (6) so that paragraph (8) reads as follows: “(8) Member.—The term ‘Member’ means a WTO member as defined in section 2(10) of the Uruguay Round Agreements Act.”; (7) so that paragraph (13) reads as follows: “(13) Standard.—The term ‘standard’ means a document approved by a recognized body, that provides, for common and repeated use, rules, guidelines, or characteristics for products or related processes and production methods, with which compliance is not mandatory. Such term may also include or deal exclusively with terminology, symbols, packaging, marking, 108 STAT. 4957or labeling requirements as they apply to a product, process, or production method.”; (8) in paragraph (14), by striking “or any certification system” and inserting “, technical regulation, or conformity assessment procedure”; and (9) by redesignating paragraph (17) as paragraph (18) and inserting after paragraph (16) the following: “(17) Technical regulation.—The term ‘technical regulation’ means a document which lays down product characteristics or their related processes and production methods, including the applicable administrative provisions, with which compliance is mandatory. Such term may also include or deal exclusively with terminology, symbols, packaging, marking, or labeling requirements as they apply to a product, process, or production method.”. (f) Reports to Congress.—Section 453 is amended by inserting “through 2001” after “succeeding 3-year period”. (g) Effective Date.—Title IV of the Trade Agreements Act of 1979 (19 U.S.C. 2531 et seq.) is amended by striking section 454.