22 U.S.C. § 6744 — Confidentiality of information

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- Page 1855 TITLE 22—FOREIGN RELATIONS AND INTERCOURSE § 6761 1 So in original. Probably should be section ‘‘229B’’. ber of such committee or subcommittee, shall disclose such information or material except as otherwise required or authorized by law. (3) Information for enforcement actions Information shall be disclosed to other Fed- eral agencies for enforcement of this chapter or any other law, and shall be disclosed or oth- erwise provided when relevant in any pro- ceeding under this chapter or any other law, except that disclosure or provision in such a proceeding shall be made in such manner as to preserve confidentiality to the extent prac- ticable without impairing the proceeding. (c) Information disclosed in national interest (1) Authority The United States Government shall dis- close any information reported to, or other- wise required by the United States Govern- ment under this chapter or the Convention, in- cluding categories of such information, that it determines is in the national interest to dis- close and may specify the form in which such information is to be disclosed. (2) Notice of disclosure (A) Requirement If any Department or agency of the United States Government proposes pursuant to paragraph (1) to publish or disclose or other- wise provide information exempt from dis- closure under subsection (a), the United States National Authority shall, unless con- trary to national security or law enforce- ment needs, provide notice of intent to dis- close the information— (i) to the person that submitted such in- formation; and (ii) in the case of information about a person received from another source, to the person to whom that information per- tains. The information may not be disclosed until the expiration of 30 days after notice under this paragraph has been provided. (B) Proceedings on objections In the event that the person to which the information pertains objects to the disclo- sure, the agency shall promptly review the grounds for each objection of the person and shall afford the objecting person a hearing for the purpose of presenting the objections to the disclosure. Not later than 10 days be- fore the scheduled or rescheduled date for the disclosure, the United States National Authority shall notify such person regarding whether such disclosure will occur notwith- standing the objections. (d) Criminal penalty for wrongful disclosure Any officer or employee of the United States, and any former officer or employee of the United States, who by reason of such employ- ment or official position has obtained possession of, or has access to, information the disclosure or other provision of which is prohibited by sub- section (a), and who, knowing that disclosure or provision of such information is prohibited by such subsection, willfully discloses or otherwise provides the information in any manner to any person (including any person located outside the territory of the United States) not authorized to receive it, shall be fined under title 18 or impris- oned for not more than five years, or both. (e) Criminal forfeiture The property of any person who violates sub- section (d) shall be subject to forfeiture to the United States in the same manner and to the same extent as is provided in section 229C 1 of title 18. (f) International inspectors The provisions of this section shall also apply to employees of the Technical Secretariat. (Pub. L. 105–277, div. I, title IV, § 404, Oct. 21, 1998, 112 Stat. 2681–882.) Editorial Notes REFERENCES IN TEXT This chapter, referred to in subsecs. (a), (b)(3), and (c)(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 classification of division I to the Code, see Short Title note set out under section 6701 of this title and Tables. § 6745. Recordkeeping violations It shall be unlawful for any person willfully to fail or refuse— (1) to establish or maintain any record re- quired by this chapter or any regulation pre- scribed under this chapter; (2) to submit any report, notice, or other in- formation to the United States Government in accordance with this chapter or any regula- tion prescribed under this chapter; or (3) to permit access to or copying of any record that is exempt from disclosure under this chapter or any regulation prescribed under this chapter. (Pub. L. 105–277, div. I, title IV, § 405, Oct. 21, 1998, 112 Stat. 2681–883.) 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. SUBCHAPTER IV—ENFORCEMENT § 6761. Penalties (a) Civil (1) Penalty amounts (A) Prohibited acts relating to inspections Any person that is determined, in accord- ance with paragraph (2), to have violated section 6726 of this title shall be required by