22 U.S.C. § 6742 — Prohibition relating to low concentrations

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-