§ 6722. Facility agreements

Statutory text

Authorization of inspections

Inspections by the Technical Secretariat of plants, plant sites, or other facilities or locations for which the United States has a facility agreement with the Organization shall be conducted in accordance with the facility agreement. Any such facility agreement may not in any way limit the right of the owner or operator of the facility to withhold consent to an inspection request.

Types of facility agreements

Schedule 2 facilities

The United States National Authority shall ensure that facility agreements for plants, plant sites, or other facilities or locations that are subject to inspection pursuant to paragraph 4 of Article VI of the Convention are concluded unless the owner, operator, occupant, or agent in charge of the facility and the Technical Secretariat agree that such an agreement is not necessary.

Schedule 3 facilities

The United States National Authority shall ensure that facility agreements are concluded for plants, plant sites, or other facilities or locations that are subject to inspection pursuant to paragraph 5 or 6 of Article VI of the Convention if so requested by the owner, operator, occupant, or agent in charge of the facility.

Notification requirements

The United States National Authority shall ensure that the owner, operator, occupant, or agent in charge of a facility prior to the development of the agreement relating to that facility is notified and, if the person notified so requests, the person may participate in the preparations for the negotiation of such an agreement. To the maximum extent practicable consistent with the Convention, the owner and the operator, occupant or agent in charge of a facility may observe negotiations of the agreement between the United States and the Organization concerning that facility.

Content of facility agreements

Facility agreements shall—

identify the areas, equipment, computers, records, data, and samples subject to inspection;

describe the procedures for providing notice of an inspection to the owner, occupant, operator, or agent in charge of a facility;

describe the timeframes for inspections; and

detail the areas, equipment, computers, records, data, and samples that are not subject to inspection.

Legislative history

Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.

1998
Pub. L. 105–277 div. I title III § 302 · 112 Stat. 2681
Enacted · 22 U.S.C. § 6722
(Pub. L. 105–277, div. I, title III, § 302, Oct. 21, 1998, 112 Stat. 2681–872.)
Source evidence
Code source credit
(Pub. L. 105–277, div. I, title III, § 302, Oct. 21, 1998, 112 Stat. 2681–872.)
Enacted provision · exact public law section
Sec. 302. Not to exceed 5 percent of any appropriation made available for the current fiscal year for the Judiciary in this Act may be transferred between such appropriations, but no such appropriation, except “Courts of Appeals, District Courts, and Other Judicial Services, Defender Services” and “Courts of Appeals, District Courts, and Other Judicial Services, Fees of Jurors and Commissioners”, shall be increased by more than 10 percent by any such transfers: Provided, That any transfer pursuant to this section shall be treated as a reprogramming of funds under section 605 of this Act and shall not be available for obligation or expenditure except in compliance with the procedures set forth in that section.

1 of 1 references resolved to an enrolled provision

Credits

(Pub. L. 105–277, div. I, title III, § 302, Oct. 21, 1998, 112 Stat. 2681–872.)