```

[Congressional Bills 103th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4849 Introduced in House (IH)]

103d CONGRESS
  2d Session
                                H. R. 4849

To implement the obligations of the United States under the Convention 
on the Prohibition of the Development, Production, Stockpiling and Use 
 of Chemical Weapons and on Their Destruction, known as the ``Chemical 
Weapons Convention'' and opened for signature and signed by the United 
                      States on January 13, 1993.

_______________________________________________________________________

                    IN THE HOUSE OF REPRESENTATIVES

                             July 28, 1994

  Mr. Hamilton (by request)(for himself, Mr. Gilman, Mr. Lantos, Mr. 
Berman, Mr. Swift, and Mr. Oxley) introduced the following bill; which 
    was referred jointly to the Committees on Foreign Affairs, the 
                   Judiciary, and Energy and Commerce

_______________________________________________________________________

                                 A BILL

 
To implement the obligations of the United States under the Convention 
on the Prohibition of the Development, Production, Stockpiling and Use 
 of Chemical Weapons and on Their Destruction, known as the ``Chemical 
Weapons Convention'' and opened for signature and signed by the United 
                      States on January 13, 1993.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Chemical Weapons Convention 
Implementation Act of 1994''.

SEC. 2. TABLE OF CONTENTS.

    The table of contents for this Act is as follows--

Sec. 1. Short title.
Sec. 2. Table of contents.
Sec. 3. Congressional findings.
Sec. 4. Congressional declarations.
Sec. 5. Definitions.
Sec. 6. Severability.
                      TITLE I--NATIONAL AUTHORITY

Sec. 101. Establishment.
 TITLE II--APPLICATION OF CONVENTION PROHIBITIONS TO NATURAL AND LEGAL 
                                PERSONS

Sec. 201. Criminal provisions.
Sec. 202. Effective date.
Sec. 203. Restrictions on scheduled chemicals.
              TITLE III--DECLARATIONS BY CHEMICAL INDUSTRY

Sec. 301. Reporting of information.
Sec. 302. Disclosure of information or materials.
Sec. 303. Prohibited acts.
                         TITLE IV--INSPECTIONS

Sec. 401. Inspections of chemical industry.
Sec. 402. Other inspections and lead agency.
Sec. 403. Prohibited acts.
Sec. 404. Penalties.
Sec. 405. Specific enforcement.
Sec. 406. Legal proceedings.
Sec. 407. Authority.

SEC. 3. CONGRESSIONAL FINDINGS.

    The Congress makes the following findings:
            (1) Chemical weapons pose a significant threat to the 
        national security of the United States and are a scourge to 
        humankind.
            (2) The Chemical Weapons Convention is the best means of 
        ensuring the nonproliferation of chemical weapons and their 
        eventual destruction and forswearing by all nations.
            (3) The verification procedures contained in the Chemical 
        Weapons Convention and the faithful adherence of nations to 
        them, including the United States, are crucial to the success 
        of the Convention.
            (4) The declarations and inspections required by the 
        Chemical Weapons Convention are essential for the effectiveness 
        of the verification regime.

SEC. 4. CONGRESSIONAL DECLARATIONS.

    The Congress makes the following declarations:
            (1) It shall be the policy of the United States to 
        cooperate with other States parties to the Chemical Weapons 
        Convention and afford the appropriate form of legal assistance 
        to facilitate the implementation of the prohibitions contained 
        in title II of this Act.
            (2) It shall be the policy of the United States, during the 
        implementation of its obligations under the Chemical Weapons 
        Convention, to assign the highest priority to ensuring the 
        safety of people and to protecting the environment, and to 
        cooperate as appropriate with other States parties to the 
        Convention in this regard.
            (3) It shall be the policy of the United States to 
        minimize, to the greatest extent practicable, the 
        administrative burden and intrusiveness of measures to 
        implement the Chemical Weapons Convention placed on commercial 
        and other private entities, and to take into account the 
        possible competitive impact of regulatory measures on industry, 
        consistent with the obligations of the United States under the 
        Convention.

SEC. 5. DEFINITIONS.

    (a) In General.--Except as otherwise provided in this Act, the 
definitions of the terms used in this Act shall be those contained in 
the Chemical Weapons Convention.
    (b) Other Definitions.--(1) The term ``Chemical Weapons 
Convention'' means the Convention on the Prohibition of the 
Development, Production, Stockpiling and Use of Chemical Weapons and on 
Their Destruction, opened for signature on January 13, 1993.
    (2) The term ``national of the United States'' has the same meaning 
given such term in section 101(a)(22) of the Immigration and 
Nationality Act (8 U.S.C. 1101(a)(22)).
    (3) The term ``United States'', when used in a geographical sense, 
includes all places under the jurisdiction or control of the United 
States, including--
            (A) any of the places within the provisions of section 
        101(41) of the Federal Aviation Act of 1958, as amended (49 
        U.S.C. App. Sec. 1301(41)),
            (B) any public aircraft or civil aircraft of the United 
        States, as such terms are defined in sections 101 (36) and (18) 
        of the Federal Aviation Act of 1958, as amended (49 U.S.C. App. 
        Secs. 1301(36) and 1301(18)), and
            (C) any vessel of the United States, as such term is 
        defined in section 3(b) of the Maritime Drug Enforcement Act, 
        as amended (46 U.S.C. App. Sec. 1903(b)).
    (4) The term ``person'', except as used in section 201 of this Act 
and as set forth below, means--
            (A) any individual, corporation, partnership, firm, 
        association, trust, estate, public or private institution, any 
        State or any political subdivision thereof, or any political 
        entity within a State, any foreign government or nation or any 
        agency, instrumentality or political subdivision of any such 
        government or nation, or other entity located in the United 
        States; and
            (B) any legal successor, representative, agent or agency of 
        the foregoing located in the United States.
The phrase ``located in the United States'' in the term ``person'' 
shall not apply to the term ``person'' as used in the phrase ``person 
located outside the territory'' in sections 203(b), 203(c), and 302(c) 
of this Act and ``person located in the territory'' in section 203(b) 
of this Act.
    (5) The term ``Technical Secretariat'' means the Technical 
Secretariat of the Organization for the Prohibition of Chemical Weapons 
established by the Chemical Weapons Convention.

SEC. 6. SEVERABILITY.

    If any provision of this Act, or the application of such provision 
to any person or circumstance, is held invalid, the remainder of this 
Act, or the application of such provision to persons or circumstances 
other than those as to which it is held invalid, shall not be affected 
thereby.

                      TITLE I--NATIONAL AUTHORITY

SEC. 101. ESTABLISHMENT.

    Pursuant to paragraph 4 of Article VII of the Chemical Weapons 
Convention, the President or the designee of the President shall 
establish the ``United States National Authority'' to, inter alia, 
serve as the national focal point for effective liaison with the 
Organization for the Prohibition of Chemical Weapons and other States 
Parties to the Convention.

 TITLE II--APPLICATION OF CONVENTION PROHIBITIONS TO NATURAL AND LEGAL 
                                PERSONS

SEC. 201. CRIMINAL PROVISIONS.

    (a) In General.--Part I of title 18, United States Code, is amended 
by--
            (1) redesignating chapter 11A relating to child support as 
        chapter 11B; and
            (2) inserting after chapter 11 relating to bribery, graft 
        and conflicts of interest the following new chapter:

                    ``CHAPTER 11A--CHEMICAL WEAPONS

``Sec.
``227. Penalties and prohibitions with respect to chemical weapons.
``227A. Seizure, forfeiture, and destruction.
``227B. Injunctions.
``227C. Other prohibitions.
``227D. Definitions.

``SEC. 227. PENALTIES AND PROHIBITIONS WITH RESPECT TO CHEMICAL 
              WEAPONS.

    ``(a) In General.--Except as provided in subsection (b), whoever 
knowingly develops, produces, otherwise acquires, stockpiles, retains, 
directly or indirectly transfers, uses, owns or possesses any chemical 
weapon, or knowingly assists, encourages or induces, in any way, any 
person to do so, or attempts or conspires to do so, shall be fined 
under this title or imprisoned for life or any term of years, or both.
    ``(b) Exclusion.--Subsection (a) shall not apply to the retention, 
ownership or possession of a chemical weapon, that is permitted by the 
Chemical Weapons Convention pending the weapon's destruction, by any 
agency or department of the United States. This exclusion shall apply 
to any person, including members of the Armed Forces of the United 
States, who is authorized by any agency or department of the United 
States to retain, own or possess a chemical weapon, unless that person 
knows or should have known that such retention, ownership or possession 
is not permitted by the Chemical Weapons Convention.
    ``(c) Jurisdiction.--There is jurisdiction by the United States 
over the prohibited activity in subsection (a) if--
            ``(1) the prohibited activity takes place in the United 
        States, or
            ``(2) the prohibited activity takes place outside of the 
        United States and is committed by a national of the United 
        States.
    ``(d) Additional Penalty.--The court shall order that any person 
convicted of any offense under this section pay to the United States 
any expenses incurred incident to the seizure, storage, handling, 
transportation and destruction or other disposition of property seized 
for the violation of this section.

``SEC. 227A. SEIZURE, FORFEITURE, AND DESTRUCTION.

    ``(a) Seizure.--(1) Except as provided in paragraph (2), the 
Attorney General may request the issuance, in the same manner as 
provided for a search warrant, of a warrant authorizing the seizure of 
any chemical weapon defined in section 227D(2)(A) of this title that is 
of a type or quantity that under the circumstances is inconsistent with 
the purposes not prohibited under the Chemical Weapons Convention.
    ``(2) In exigent circumstances, seizure and destruction of any such 
chemical weapon described in paragraph (a)(1) may be made by the 
Attorney General upon probable cause without the necessity for a 
warrant.
    ``(b) Procedure for Forfeiture and Destruction.--Property seized 
pursuant to subsection (a) shall be forfeited to the United States. 
Except as inconsistent herewith, the provisions of chapter 46 of this 
title relating to civil forfeitures shall extend to a seizure or 
forfeiture under this section. The Attorney General shall provide for 
the destruction or other appropriate disposition of any chemical weapon 
seized and forfeited pursuant to this section.
    ``(c) Affirmative Defense.--It is an affirmative defense against a 
forfeiture under subsection (b) that--
            ``(1) such alleged chemical weapon is for a purpose not 
        prohibited under the Chemical Weapons Convention; and
            ``(2) such alleged chemical weapon is of a type and 
        quantity that under the circumstances is consistent with that 
        purpose.
    ``(d) Other Seizure, Forfeiture, and Destruction.--
            ``(1) Except as provided in paragraph (2), the Attorney 
        General may request the issuance, in the same manner as 
        provided for a search warrant, of a warrant authorizing the 
        seizure of any chemical weapon defined in section 227D(2) (B) 
        or (C) of this title that exists by reason of conduct 
        prohibited under section 227 of this title.
            ``(2) In exigent circumstances, seizure and destruction of 
        any such chemical weapon described in paragraph (1) may be made 
        by the Attorney General upon probable cause without the 
        necessity for a warrant.
            ``(3) Property seized pursuant to this subsection shall be 
        summarily forfeited to the United States and destroyed.
    ``(e) Assistance.--The Attorney General may request assistance from 
any agency or department in the handling, storage, transportation or 
destruction of property seized under this section.
    ``(f) Owner Liability.--The owner or possessor of any property 
seized under this section shall be liable to the United States for any 
expenses incurred incident to the seizure, including any expenses 
relating to the handling, storage, transportation and destruction or 
other disposition of the seized property.

``SEC. 227B. INJUNCTIONS.

    ``(a) In General.--The United States may obtain in a civil action 
an injunction against--
            ``(1) the conduct prohibited under section 227 of this 
        title;
            ``(2) the preparation or solicitation to engage in conduct 
        prohibited under section 227 of this title; or
            ``(3) the development, production, other acquisition, 
        stockpiling, retention, direct or indirect transfer, use, 
        ownership or possession, or the attempted development, 
        production, other acquisition, stockpiling, retention, direct 
        or indirect transfer, use, ownership or possession, of any 
        alleged chemical weapon defined in section 227D(2)(A) of this 
        title that is of a type or quantity that under the 
        circumstances is inconsistent with the purposes not prohibited 
        under the Chemical Weapons Convention, or the assistance to any 
        person to do so.
    ``(b) Affirmative Defense.--It is an affirmative defense against an 
injunction under subsection (a)(3) that--
            ``(1) the conduct sought to be enjoined is for a purpose 
        not prohibited under the Chemical Weapons Convention; and
            ``(2) such alleged chemical weapon is of a type and 
        quantity that under the circumstances is consistent with that 
        purpose.

``SEC. 227C. OTHER PROHIBITIONS.

    ``(a) In General.--Except as provided in subsection (b), whoever 
knowingly uses riot control agents as a method of warfare, or knowingly 
assists any person to do so, shall be fined under this title or 
imprisoned for a term of not more than ten years, or both.
    ``(b) Exclusion.--Subsection (a) shall not apply to members of the 
Armed Forces of the United States. Members of the Armed Forces of the 
United States who use riot control agents as a method of warfare shall 
be subject to appropriate military penalties.
    ``(c) Jurisdiction.--There is jurisdiction by the United States 
over the prohibited activity in subsection (a) if--
            ``(1) the prohibited activity takes place in the United 
        States, or
            ``(2) the prohibited activity takes place outside of the 
        United States and is committed by a national of the United 
        States.

``SEC. 227D. DEFINITIONS.

    ``As used in this chapter, the term--
            ``(1) `Chemical Weapons Convention' means the Convention on 
        the Prohibition of the Development, Production, Stockpiling and 
        Use of Chemical Weapons and on Their Destruction, opened for 
        signature on January 13, 1993;
            ``(2) `chemical weapon' means the following, together or 
        separately:
                    ``(A) a toxic chemical and its precursors, except 
                where intended for a purpose not prohibited under the 
                Chemical Weapons Convention, as long as the type and 
                quantity is consistent with such a purpose;
                    ``(B) a munition or device, specifically designed 
                to cause death or other harm through the toxic 
                properties of those toxic chemicals specified in 
                subparagraph (A), which would be released as a result 
                of the employment of such munition or device; or
                    ``(C) any equipment specifically designed for use 
                directly in connection with the employment of munitions 
                or devices specified in subparagraph (B);
            ``(3) `toxic chemical' means any chemical which through its 
        chemical action on life processes can cause death, temporary 
        incapacitation or permanent harm to humans or animals. This 
        includes all such chemicals, regardless of their origin or of 
        their method of production, and regardless of whether they are 
        produced in facilities, in munitions or elsewhere;
            ``(4) `precursor' means any chemical reactant which takes 
        part at any stage in the production by whatever method of a 
        toxic chemical. This includes any key component of a binary or 
        multicomponent chemical system;
            ``(5) `key component of a binary or multicomponent chemical 
        system' means the precursor which plays the most important role 
        in determining the toxic properties of the final product and 
        reacts rapidly with other chemicals in the binary or 
        multicomponent system;
            ``(6) `purpose not prohibited under the Chemical Weapons 
        Convention' means--
                    ``(A) industrial, agricultural, research, medical, 
                pharmaceutical or other peaceful purposes;
                    ``(B) protective purposes, namely those purposes 
                directly related to protection against toxic chemicals 
                and to protection against chemical weapons;
                    ``(C) military purposes not connected with the use 
                of chemical weapons and not dependent on the use of the 
                toxic properties of chemicals as a method of warfare; 
                or
                    ``(D) law enforcement purposes, including domestic 
                riot control purposes;
            ``(7) `national of the United States' has the same meaning 
        given such term in section 101(a)(22) of the Immigration and 
        Nationality Act (8 U.S.C. 1101(a)(22));
            ``(8) `United States,' when used in a geographical sense, 
        includes all places under the jurisdiction or control of the 
        United States, including--
                    ``(A) any of the places within the provisions of 
                section 101(41) of the Federal Aviation Act of 1958, as 
                amended (49 U.S.C. App. Sec. 1301(41)),
                    ``(B) any public aircraft or civil aircraft of the 
                United States, as such terms are defined in sections 
                101 (36) and (18) of the Federal Aviation Act of 1958, 
                as amended (49 U.S.C. App. Secs. 1301(36) and 
                1301(18)), and
                    ``(C) any vessel of the United States, as such term 
                is defined in section 3(b) of the Maritime Drug 
                Enforcement Act, as amended (46 U.S.C. App. Sec. 
                1903(b));
            ``(9) `person' means--
                    ``(A) any individual, corporation, partnership, 
                firm, association, trust, estate, public or private 
                institution, any State or any political subdivision 
                thereof, or any political entity within a State, any 
                foreign government or nation or any agency, 
                instrumentality or political subdivision of any such 
                government or nation, or other entity; and
                    ``(B) any legal successor, representative, agent or 
                agency of the foregoing; and
            ``(10) `riot control agent' means any chemical not listed 
        in a Schedule in the Annex on Chemicals of the Chemical Weapons 
        Convention, which can produce rapidly in humans sensory 
        irritation or disabling physical effects which disappear within 
        a short time following termination of exposure.''
    (b) Clerical Amendments.--The table of chapters for part I of title 
18, United States Code, is amended by--
            (1) in the item for chapter 11A relating to child support, 
        redesignating ``11A'' as ``11B''; and
            (2) inserting after the item for chapter 11 the following 
        new item:

``11A. CHEMICAL WEAPONS.....................................     227.''

SEC. 202. EFFECTIVE DATE.

    This title shall take effect on the date the Chemical Weapons 
Convention enters into force for the United States.

SEC. 203. RESTRICTIONS ON SCHEDULED CHEMICALS.

    (a) Schedule 1 Activities.--It shall be unlawful for any person or 
any national of the United States located outside the United States to 
produce, acquire, retain, transfer or use a chemical listed on Schedule 
1 of the Annex on Chemicals of the Chemical Weapons Convention, 
unless--
            (1) the chemicals are applied to research, medical, 
        pharmaceutical or protective purposes;
            (2) the types and quantities of chemicals are strictly 
        limited to those that can be justified for such purposes; and
            (3) the amount of such chemicals per person at any given 
        time for such purposes does not exceed a limit to be determined 
        by the United States National Authority, but in any case, does 
        not exceed one metric ton.
    (b) Extraterritorial Acts.--(1) It shall be unlawful for any person 
or any national of the United States located outside the United States 
to produce, acquire, retain or use a chemical listed on Schedule 1 of 
the Annex on Chemicals of the Chemical Weapons Convention outside the 
territories of the States Parties to the Convention or to transfer such 
chemicals to any person located outside the territory of the United 
States, except as provided for in the Convention for transfer to a 
person located in the territory of another State Party to the 
Convention.
    (2) Beginning three years after the entry into force of the 
Chemical Weapons Convention, it shall be unlawful for any person or any 
national of the United States located outside the United States to 
transfer a chemical listed on Schedule 2 of the Annex on Chemicals of 
the Convention to any person located outside the territory of a State 
Party to the Convention or to receive such a chemical from any person 
located outside the territory of a State Party to the Convention.
    (c) Jurisdiction.--There is jurisdiction by the United States over 
the prohibited activity in subsections (a) and (b) if--
            (1) the prohibited activity takes place in the United 
        States, or
            (2) the prohibited activity takes place outside of the 
        United States and is committed by a national of the United 
        States.

              TITLE III--DECLARATIONS BY CHEMICAL INDUSTRY

SEC. 301. REPORTING OF INFORMATION.

    (a) Reports.--The Department of Commerce shall promulgate 
regulations under which each person who produces, processes, consumes, 
exports or imports, or proposes to produce, process, consume, export or 
import, a chemical substance subject to the Chemical Weapons Convention 
shall maintain and permit access to such records and shall submit to 
the Department of Commerce such reports as the United States National 
Authority may reasonably require pursuant to the Chemical Weapons 
Convention. The Department of Commerce shall promulgate regulations 
pursuant to this title expeditiously, and may amend or change such 
regulations as necessary.
    (b) Coordination.--To the extent feasible, the United States 
National Authority shall not require any reporting that is unnecessary, 
or duplicative of reporting required under any other Act. Agencies and 
departments shall coordinate their actions with other agencies and 
departments to avoid duplication of reporting by the affected persons 
under this Act or any other Act.

SEC. 302. DISCLOSURE OF INFORMATION OR MATERIALS.

    (a) In General.--Any information or materials reported to, or 
otherwise obtained by, the United States National Authority or the 
Department of Commerce, or any other agency or department under this 
Act or the Chemical Weapons Convention may be withheld from public 
disclosure or provision only to the extent permitted by law. 
Information or materials obtained from declarations or inspections 
required by the Chemical Weapons Convention, that are not already in 
the public domain, shall be withheld from public disclosure or 
provision and shall not be required to be disclosed pursuant to section 
552 of title 5, United States Code, except that such information or 
material--
            (1) shall be disclosed or otherwise provided to the 
        Technical Secretariat or other States Parties to the Chemical 
        Weapons Convention in accordance with the Convention, in 
        particular, the provisions of the Annex on the Protection of 
        Confidential Information;
            (2) shall be made available to any committee or 
        subcommittee of Congress of appropriate jurisdiction upon the 
        written request of the chairman or ranking minority member of 
        such committee or subcommittee, except that no such committee 
        or subcommittee, or member thereof, shall disclose such 
        information or material;
            (3) shall be disclosed to other agencies or departments for 
        law enforcement purposes with regard to this Act or any other 
        Act, and may be disclosed or otherwise provided when relevant 
        in any proceeding under this Act or any other Act, except that 
        disclosure or provision in such a proceeding shall be made in 
        such manner as to preserve confidentiality to the extent 
        practicable without impairing the proceeding; and
            (4) may be disclosed, including in the form of categories 
        of information, if the United States National Authority 
        determines that such disclosure is in the national interest.
    (b) Notice of Disclosure.--If the United States National Authority, 
pursuant to subsection (a)(4), proposes to publish or disclose or 
otherwise provide information or materials exempted from disclosure in 
subsection (a), the United States National Authority shall, where 
appropriate, notify the person who submitted such information or 
materials of the intent to release such information or materials. Where 
notice has been provided, the United States National Authority may not 
release such information or materials until the expiration of thirty 
days after notice has been provided.
    (c) Criminal Penalty for Wrongful Disclosure.--Any officer or 
employee of the United States or former officer or employee of the 
United States, who by virtue of such employment or official position 
has obtained possession of, or has access to, information or materials 
the disclosure or other provision of which is prohibited by subsection 
(a), and who knowing that disclosure or provision of such information 
or materials is prohibited by such subsection, willfully discloses or 
otherwise provides the information or materials in any manner to any 
person, including persons located outside the territory of the United 
States, not entitled to receive it, shall be fined under title 18, 
United States Code, or imprisoned for not more than five years, or 
both.
    (d) International Inspectors.--The provisions of this section on 
disclosure or provision of information or materials shall also apply to 
employees of the Technical Secretariat.

SEC. 303. PROHIBITED ACTS.

    It shall be unlawful for any person to fail or refuse to--
            (a) establish or maintain records,
            (b) submit reports, notices, or other information to the 
        Department of Commerce or the United States National Authority, 
        or
            (c) permit access to or copying of records, as required by 
        this Act or a regulation thereunder.

                         TITLE IV--INSPECTIONS

SEC. 401. INSPECTIONS OF CHEMICAL INDUSTRY.

    (a) Authority.--For purposes of administering this Act--
            (1) any duly designated member of an inspection team of the 
        Technical Secretariat may inspect any plant, plant site, or 
        other facility or location in the United States subject to 
        inspection pursuant to the Chemical Weapons Convention; and
            (2) any duly designated representative of an agency or 
        department may accompany members of an inspection team of the 
        Technical Secretariat during the inspection specified in 
        paragraph (1).
    (b) Notice.--An inspection pursuant to subsection (a) may be made 
only upon issuance of a written notice to the owner and to the 
operator, occupant or agent in charge of the premises to be inspected, 
except that failure to receive a notice shall not be a bar to the 
conduct of an inspection. The notice shall be submitted to the owner 
and to the operator, occupant or agent in charge as soon as possible 
after the United States National Authority receives it from the 
Technical Secretariat. The notice shall include all appropriate 
information supplied by the Technical Secretariat to the United States 
National Authority regarding the basis for the selection of the plant 
site, plant, or other facility or location for the type of inspection 
sought, including, for challenge inspections pursuant to Article IX of 
the Chemical Weapons Convention, appropriate evidence or reasons 
provided by the requesting State Party to the Convention with regard to 
its concerns about compliance with the Chemical Weapons Convention at 
the facility or location. A separate notice shall be given for each 
such inspection, but a notice shall not be required for each entry made 
during the period covered by the inspection.
    (c) Credentials.--If the owner, operator, occupant or agent in 
charge of the premises to be inspected is present, a member of the 
inspection team of the Technical Secretariat, as well as, if present, 
the representatives of agencies or departments, shall present 
appropriate credentials before the inspection is commenced.
    (d) Time Frame for Inspections.--Consistent with the provisions of 
the Chemical Weapons Convention, each inspection shall be commenced and 
completed with reasonable promptness and shall be conducted at 
reasonable times, within reasonable limits, and in a reasonable manner. 
The Department of Commerce shall endeavor to ensure that, to the extent 
possible, each inspection is commenced, conducted and concluded during 
ordinary working hours, but no inspection shall be prohibited or 
otherwise disrupted for commencing, continuing or concluding during 
other hours. However, nothing in this subsection shall be interpreted 
as modifying the time frames established in the Chemical Weapons 
Convention.
    (e) Scope.--(1) Except as provided in paragraph (2) of this 
subsection and subsection (f), an inspection conducted under this title 
may extend to all things within the premises inspected (including 
records, files, papers, processes, controls, structures and entering 
and exiting vehicles) related to whether the requirements of the 
Chemical Weapons Convention applicable to such premises have been 
complied with.
    (2) To the extent possible consistent with the obligations of the 
United States pursuant to the Chemical Weapons Convention, no 
inspection under this title shall extend to--
            (A) financial data;
            (B) sales and marketing data (other than shipment data);
            (C) pricing data;
            (D) personnel data;
            (E) research data;
            (F) patent data; or
            (G) data maintained for compliance with environmental or 
        occupational health and safety regulations.
    (f) Facility Agreements.--(1) Inspections of plants, plant sites, 
or other facilities or locations for which the United States has a 
facility agreement with the Organization for the Prohibition of 
Chemical Weapons shall be conducted in accordance with the facility 
agreement.
    (2) Facility agreements shall be concluded for plants, plant sites, 
or other facilities or locations that are subject to inspection 
pursuant to paragraph 4 of Article VI of the Chemical Weapons 
Convention unless the owner and the operator, occupant or agent in 
charge of the facility and the Technical Secretariat agree that such an 
agreement is not necessary. Facility agreements should be concluded for 
plants, plant sites, or other facilities or locations that are subject 
to inspection pursuant to paragraphs 5 or 6 of Article VI of the 
Chemical Weapons Convention if so requested by the owner and the 
operator, occupant or agent in charge of the facility.
    (3) The owner and the operator, occupant or agent in charge shall, 
to the extent practicable consistent with the obligations of the United 
States under the Chemical Weapons Convention, participate in the 
negotiation of all facility agreements concluded pursuant to the 
Convention.
    (g) Sampling and Safety.--(1) The Department of Commerce is 
authorized to require the provision of samples to a member of the 
inspection team of the Technical Secretariat in accordance with the 
provisions of the Chemical Weapons Convention. The owner or the 
operator, occupant or agent in charge of the premises to be inspected 
shall determine whether the sample shall be taken by representatives of 
the premises or the inspection team or other individuals present.
    (2) In carrying out their activities, members of the inspection 
team of the Technical Secretariat and representatives of agencies or 
departments accompanying the inspection team shall observe safety 
regulations established at the premises to be inspected, including 
those for protection of controlled environments within a facility and 
for personal safety.
    (h) Coordination.--To the extent possible consistent with the 
obligations of the United States pursuant to the Chemical Weapons 
Convention, the representatives of the United States National 
Authority, the Department of Commerce and any other agency or 
department, if present, shall assist the owner and the operator, 
occupant or agent in charge of the premises to be inspected in 
interacting with the members of the inspection team of the Technical 
Secretariat.

SEC. 402. OTHER INSPECTIONS AND LEAD AGENCY.

    (a) Other Inspections.--The provisions of this title shall apply, 
as appropriate, to all other inspections authorized by the Chemical 
Weapons Convention. For all inspections other than those conducted 
pursuant to paragraphs 4, 5, or 6 of Article VI of the Convention, the 
term ``Department of Commerce'' shall be replaced by the term ``Lead 
Agency'' in section 401.
    (b) Lead Agency.--For the purposes of this title, the term ``Lead 
Agency'' means the agency or department designated by the President or 
the designee of the President to exercise the functions and powers set 
forth in the specific provision, based, inter alia, on the particular 
responsibilities of the agency or department within the United States 
Government and the relationship of the agency or department to the 
premises to be inspected.

SEC. 403. PROHIBITED ACTS.

    It shall be unlawful for any person to fail or refuse to permit 
entry or inspection, or to disrupt, delay or otherwise impede an 
inspection as required by this Act or the Chemical Weapons Convention.

SEC. 404. PENALTIES.

    (a) Civil.--(1) Any person who violates a provision of section 203, 
303, or 403 of this Act shall be liable to the United States for a 
civil penalty in an amount not to exceed $50,000 for each such 
violation. For purposes of this subsection, each day such a violation 
of section 403 continues shall constitute a separate violation of 
section 403.
    (2)(A) A civil penalty for a violation of section 203, 303, or 403 
of this Act shall be assessed by the Lead Agency by an order made on 
the record after opportunity (provided in accordance with this 
subparagraph) for a hearing in accordance with section 554 of title 5, 
United States Code. Before issuing such an order, the Lead Agency shall 
give written notice to the person to be assessed a civil penalty under 
such order of the Lead Agency's proposal to issue such order and 
provide such person an opportunity to request, within fifteen days of 
the date the notice is received by such person, such a hearing on the 
order.
    (B) In determining the amount of a civil penalty, the Lead Agency 
shall take into account the nature, circumstances, extent and gravity 
of the violation or violations and, with respect to the violator, 
ability to pay, effect on ability to continue to do business, any 
history of prior such violations, the degree of culpability, and such 
other matters as justice may require.
    (C) The Lead Agency may compromise, modify or remit, with or 
without conditions, any civil penalty which may be imposed under this 
subsection. The amount of such penalty, when finally determined, or the 
amount agreed upon in compromise, may be deducted from any sums owing 
by the United States to the person charged.
    (3) Any person who requested in accordance with paragraph (2)(A) a 
hearing respecting the assessment of a civil penalty and who is 
aggrieved by an order assessing a civil penalty may file a petition for 
judicial review of such order with the United States Court of Appeals 
for the District of Columbia Circuit or for any other circuit in which 
such person resides or transacts business. Such a petition may be filed 
only within the thirty-day period beginning on the date the order 
making such assessment was issued.
    (4) If any person fails to pay an assessment of a civil penalty--
            (A) after the order making the assessment has become a 
        final order and if such person does not file a petition for 
        judicial review of the order in accordance with paragraph (3); 
        or
            (B) after a court in an action brought under paragraph (3) 
        has entered a final judgment in favor of the Lead Agency;
the Attorney General shall recover the amount assessed (plus interest 
at currently prevailing rates from the date of the expiration of the 
thirty-day period referred to in paragraph (3) or the date of such 
final judgment, as the case may be) in an action brought in any 
appropriate district court of the United States. In such an action, the 
validity, amount and appropriateness of such penalty shall not be 
subject to review.
    (b) Criminal.--Any person who knowingly violates any provision of 
section 203, 303, or 403 of this Act, shall, in addition to or in lieu 
of any civil penalty which may be imposed under subsection (a) for such 
violation, be fined under title 18, United States Code, imprisoned for 
not more than two years, or both.

SEC. 405. SPECIFIC ENFORCEMENT.

    (a) Jurisdiction.--The district courts of the United States shall 
have jurisdiction over civil action to--
            (1) restrain any violation of section 203, 303, or 403 of 
        this Act; and
            (2) compel the taking of any action required by or under 
        this Act or the Chemical Weapons Convention.
    (b) Civil Action.--A civil action described in subsection (a) may 
be brought--
            (1) in the case of a civil action described in subsection 
        (a)(1), in the United States district court for the judicial 
        district wherein any act, omission, or transaction constituting 
        a violation of section 203, 303, or 403 of this Act occurred or 
        wherein the defendant is found or transacts business; or
            (2) in the case of a civil action described in subsection 
        (a)(2), in the United States district court for the judicial 
        district wherein the defendant is found or transacts business.
In any such civil action process may be served on a defendant wherever 
the defendant may reside or may be found, whether the defendant resides 
or may be found within the United States or elsewhere.

SEC. 406. LEGAL PROCEEDINGS.

    (a) Warrants.--(1) The Lead Agency shall seek the consent of the 
owner or the operator, occupant or agent in charge of the premises to 
be inspected prior to the initiation of any inspection. Before or after 
seeking such consent, the Lead Agency may seek a search warrant from 
any official authorized to issue search warrants. Proceedings regarding 
the issuance of a search warrant shall be conducted ex parte, unless 
otherwise requested by the Lead Agency. The Lead Agency shall provide 
to the official authorized to issue search warrants all appropriate 
information supplied by the Technical Secretariat to the United States 
National Authority regarding the basis for the selection of the plant 
site, plant, or other facility or location for the type of inspection 
sought, including, for challenge inspections pursuant to Article IX of 
the Chemical Weapons Convention, appropriate evidence or reasons 
provided by the requesting State Party to the Convention with regard to 
its concerns about compliance with the Chemical Weapons Convention at 
the facility or location. The Lead Agency shall also provide any other 
appropriate information available to it relating to the reasonableness 
of the selection of the plant, plant site, or other facility or 
location for the inspection.
    (2) The official authorized to issue search warrants shall promptly 
issue a warrant authorizing the requested inspection upon an affidavit 
submitted by the Lead Agency showing that--
            (A) the Chemical Weapons Convention is in force for the 
        United States;
            (B) the plant site, plant, or other facility or location 
        sought to be inspected is subject to the specific type of 
        inspection requested under the Chemical Weapons Convention;
            (C) the procedures established under the Chemical Weapons 
        Convention and this Act for initiating an inspection have been 
        complied with; and
            (D) the Lead Agency will ensure that the inspection is 
        conducted in a reasonable manner and will not exceed the scope 
        or duration set forth in or authorized by the Chemical Weapons 
        Convention or this Act.
    (3) The warrant shall specify the type of inspection authorized; 
the purpose of the inspection; the type of plant site, plant, or other 
facility or location to be inspected; to the extent possible, the 
items, documents and areas that may be inspected; the earliest 
commencement and latest concluding dates and times of the inspection; 
and the identities of the representatives of the Technical Secretariat, 
if known, and, if applicable, the representatives of agencies or 
departments.
    (b) Subpoenas.--In carrying out this Act, the Lead Agency may by 
subpoena require the attendance and testimony of witnesses and the 
production of reports, papers, documents, answers to questions and 
other information that the Lead Agency deems necessary. Witnesses shall 
be paid the same fees and mileage that are paid witnesses in the courts 
of the United States. In the event of contumacy, failure or refusal of 
any person to obey any such subpoena, any district court of the United 
States in which venue is proper shall have jurisdiction to order any 
such person to comply with such subpoena. Any failure to obey such an 
order of the court is punishable by the court as a contempt thereof.
    (c) Injunctions and Other Orders.--No court shall issue an 
injunction or other order that would limit the ability of the Technical 
Secretariat to conduct, or the United States National Authority or the 
Lead Agency to facilitate, inspections as required or authorized by the 
Chemical Weapons Convention.

SEC. 407. AUTHORITY.

    The Lead Agency may issue such regulations as are necessary to 
implement this title and the provisions of the Chemical Weapons 
Convention, and amend or revise them as necessary. The Lead Agency 
shall have the authority to appoint officials to issue warrants 
pursuant to section 406(a) authorizing inspections pursuant to this 
title.
                                 <all>
HR 4849 IH----2
HR 4849 IH----3
```