22 U.S.C. § 6741 — Reports required by United States Na-

Page 1853 TITLE 22—FOREIGN RELATIONS AND INTERCOURSE § 6741 (3) The number and identity of inspectors conducting any inspection described in para- graph (2) and the number of inspectors barred from inspection by the United States. (4) The cost to the United States for each in- spection described in paragraph (2). (5) The total costs borne by United States business firms in the course of inspections de- scribed in paragraph (2). (6) A description of the circumstances sur- rounding inspections described in paragraph (2), including instances of possible industrial espionage and misconduct of inspectors. (7) The identity of parties claiming loss of trade secrets, the circumstances surrounding those losses, and the efforts taken by the United States Government to redress those losses. (8) A description of instances where inspec- tions under the Convention outside the United States have been disrupted or delayed. (c) ‘‘Appropriate congressional committees’’ de- fined The term ‘‘appropriate congressional commit- tees’’ means the Committee on the Judiciary, the Committee on Foreign Relations, and the Select Committee on Intelligence of the Senate and the Committee on the Judiciary, the Com- mittee on International Relations, and the Per- manent Select Committee on Intelligence of the House of Representatives. (Pub. L. 105–277, div. I, title III, § 309, Oct. 21, 1998, 112 Stat. 2681–879.) Statutory Notes and Related Subsidiaries CHANGE OF NAME Committee on International Relations of House of Representatives changed to Committee on Foreign Af- fairs of House of Representatives by House Resolution No. 6, One Hundred Tenth Congress, Jan. 5, 2007. Executive Documents DELEGATION OF FUNCTIONS For delegation of congressional reporting functions of President under this section, see section 1 of Ex. Ord. No. 13313, July 31, 2003, 68 F.R. 46074, set out as a note under section 301 of Title 3, The President. § 6729. United States assistance in inspections at private facilities (a) Assistance in preparation for inspections At the request of an owner of a facility not owned or operated by the United States Govern- ment, or contracted for use by or for the United States Government, the Secretary of Defense may assist the facility to prepare the facility for possible inspections pursuant to the Convention. (b) Reimbursement requirement (1) In general Except as provided in paragraph (2), the owner of a facility provided assistance under subsection (a) shall reimburse the Secretary for the costs incurred by the Secretary in pro- viding the assistance. (2) Exception In the case of assistance provided under sub- section (a) to a facility owned by a person de- scribed in subsection (c), the United States National Authority shall reimburse the Sec- retary for the costs incurred by the Secretary in providing the assistance. (c) Owners covered by United States National Authority reimbursements Subsection (b)(2) applies in the case of assist- ance provided to the following: (1) Small business concerns A small business concern as defined in sec- tion 632 of title 15. (2) Domestic producers of Schedule 3 or un- scheduled discrete organic chemicals Any person located in the United States that— (A) does not possess, produce, process, con- sume, import, or export any Schedule 1 or Schedule 2 chemical; and (B) in the calendar year preceding the year in which the assistance is to be provided, produced— (i) more than 30 metric tons of Schedule 3 or unscheduled discrete organic chemi- cals that contain phosphorous, sulfur, or fluorine; or (ii) more than 200 metric tons of un- scheduled discrete organic chemicals. (Pub. L. 105–277, div. I, title III, § 310, Oct. 21, 1998, 112 Stat. 2681–880.) SUBCHAPTER III—REPORTS § 6741. Reports required by United States Na- tional Authority (a) Regulations on recordkeeping (1) Requirements The United States National Authority shall ensure that regulations are prescribed that re- quire each person located in the United States who produces, processes, consumes, exports, or imports, or proposes to produce, process, con- sume, export, or import, a chemical substance that is subject to the Convention to— (A) maintain and permit access to records related to that production, processing, con- sumption, export, or import of such sub- stance; and (B) submit to the Director of the United States National Authority such reports as the United States National Authority may reasonably require to provide to the Organi- zation, pursuant to subparagraph 1(a) of the Annex on Confidentiality of the Convention, the minimum amount of information and data necessary for the timely and efficient conduct by the Organization of its respon- sibilities under the Convention. (2) Rulemaking The Director of the United States National Authority shall ensure that regulations pursu- ant to this section are prescribed expedi- tiously. (b) Coordination (1) Avoidance of duplication To the extent feasible, the United States Government shall not require the submission Page 1854 TITLE 22—FOREIGN RELATIONS AND INTERCOURSE § 6742 1 So in original. No subsec. (b) has been enacted. of any report that is unnecessary or duplica- tive of any report required by or under any other law. The head of each Federal agency shall coordinate the actions of that agency with the heads of the other Federal agencies in order to avoid the imposition of duplicative reporting requirements under this chapter or any other law. (2) Definition As used in paragraph (1), the term ‘‘Federal agency’’ has the meaning given the term ‘‘agency’’ in section 551(1) of title 5. (Pub. L. 105–277, div. I, title IV, § 401, Oct. 21, 1998, 112 Stat. 2681–880.) Editorial Notes REFERENCES IN TEXT This chapter, referred to in subsec. (b)(1), was in the original ‘‘this Act’’ and was translated as reading ‘‘this division’’, meaning div. I of Pub. L. 105–277, Oct. 21, 1998, 112 Stat. 2681–856, known as the Chemical Weapons Convention Implementation Act of 1998, to reflect the probable intent of Congress. For complete classifica- tion of division I to the Code, see Short Title note set out under section 6701 of this title and Tables. Executive Documents REGULATIONS Regulations under subsec. (a) to be issued by Depart- ment of Commerce by a date specified by Department of State as United States National Authority (USNA) and to be reviewed and approved by USNA in coordina- tion with an interagency group, see section 3 of Ex. Ord. No. 13128, June 25, 1999, 64 F.R. 34703, set out as a note under section 6711 of this title. § 6742. Prohibition relating to low concentrations of Schedules 2 and 3 chemicals (a) Prohibition Notwithstanding any other provision of this chapter, no person located in the United States shall be required to report on, or to submit to, any routine inspection conducted for the pur- pose of verifying the production, possession, consumption, exportation, importation, or pro- posed production, possession, consumption, ex- portation, or importation of any substance that contains less than— (1) 10 percent concentration of a Schedule 2 chemical; or (2) 80 percent concentration of a Schedule 3 chemical. (b) Standard for measurement of concentration The percent concentration of a chemical in a substance shall be measured on the basis of vol- ume or total weight, which measurement yields the lesser percent. (Pub. L. 105–277, div. I, title IV, § 402, Oct. 21, 1998, 112 Stat. 2681–881.) Editorial Notes REFERENCES IN TEXT This chapter, referred to in subsec. (a), was in the original ‘‘this Act’’ and was translated as reading ‘‘this division’’, meaning div. I of Pub. L. 105–277, Oct. 21, 1998, 112 Stat. 2681–856, known as the Chemical Weapons Convention Implementation Act of 1998, to reflect the probable intent of Congress. For complete classifica- tion of division I to the Code, see Short Title note set out under section 6701 of this title and Tables. § 6743. Prohibition relating to unscheduled dis- crete organic chemicals and coincidental by- products in waste streams (a) 1 Prohibition Notwithstanding any other provision of this chapter, no person located in the United States shall be required to report on, or to submit to, any routine inspection conducted for the pur- pose of verifying the production, possession, consumption, exportation, importation, or pro- posed production, possession, consumption, ex- portation, or importation of any substance that is— (1) an unscheduled discrete organic chem- ical; and (2) a coincidental byproduct of a manufac- turing or production process that is not iso- lated or captured for use or sale during the process and is routed to, or escapes, from the waste stream of a stack, incinerator, or waste- water treatment system or any other waste stream. (Pub. L. 105–277, div. I, title IV, § 403, Oct. 21, 1998, 112 Stat. 2681–881.) Editorial Notes REFERENCES IN TEXT This chapter, referred to in text, was in the original ‘‘this Act’’ and was translated as reading ‘‘this divi- sion’’, meaning div. I of Pub. L. 105–277, Oct. 21, 1998, 112 Stat. 2681–856, known as the Chemical Weapons Conven- tion Implementation Act of 1998, to reflect the probable intent of Congress. For complete classification of divi- sion I to the Code, see Short Title note set out under section 6701 of this title and Tables. § 6744. Confidentiality of information (a) Freedom of Information Act exemption for certain Convention information Except as provided in subsection (b) or (c), any confidential business information, as defined in section 6713(g) of this title, reported to, or oth- erwise acquired by, the United States Govern- ment under this chapter or under the Conven- tion shall not be disclosed under section 552(a) of title 5. (b) Exceptions (1) Information for the Technical Secretariat Information shall be disclosed or otherwise provided to the Technical Secretariat or other states parties to the Chemical Weapons Con- vention in accordance with the Convention, in particular, the provisions of the Annex on the Protection of Confidential Information. (2) Information for Congress Information shall be made available to any committee or subcommittee of Congress with appropriate jurisdiction upon the written re- quest of the chairman or ranking minority member of such committee or subcommittee, except that no such committee or sub- committee, and no member and no staff mem-