Another contradiction posed by section 108 is the significant administration burden it imposes upon the Commerce Department. It provides that technical advisory committees would be able to trigger foreign availability determinations by asserting foreign availability. A fatal flaw of this approach is that it places the entire burden of proof on the executive branch and therefore opens the door to frivolous and perhaps undocumented assertions of foreign availability. The provision in H.R. 3231 takes the approach that 6 months is a reasonable period of time in which to eliminate foreign availability. I ask my colleagues if they can name a single negotiation which was ever successfully concluded within 180 days.
Keywords matched
undocumented