II
105TH CONGRESS
1ST SESSION
H.R. 2709
IN THE SENATE OF THE UNITED STATES
NOVEMBER 13, 1997
Received and read the first time
AN ACT
To impose certain sanctions on foreign persons who transfer
items contributing to Iran’s efforts to acquire, develop,
or produce ballistic missiles, and to implement the obliga-
tions of the United States under the Chemical Weapons
Convention.
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Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
TITLE I—IRAN MISSILE
PROLIFERATION SANCTIONS
SEC. 101. SHORT TITLE.
This title may be cited as the ‘‘Iran Missile Prolifera-
tion Sanctions Act of 1997’’.
SEC. 102. REPORTS ON MISSILE PROLIFERATION TO IRAN.
(a) REPORTS.—Except as provided in subsection (c),
the President shall, at the times specified in subsection
(b), submit to the Committee on International Relations
of the House of Representatives and the Committee on
Foreign Relations of the Senate a report identifying every
foreign person with respect to whom there is credible in-
formation indicating that that person, on or after August
8, 1995—
(1)(A) transferred items on the MTCR Annex,
or items that the United States proposes for addi-
tion to the MTCR Annex, that contributed to Iran’s
efforts to acquire, develop, or produce ballistic mis-
siles, or
(B) provided technical assistance or facilities
which the President deems to be of concern because
of their direct contribution to Iran’s efforts to ac-
quire, develop, or produce ballistic missiles; or
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(2)(A) attempted to transfer items on the
MTCR Annex, or items that the United States pro-
poses for addition to the MTCR Annex, that would
have contributed to Iran’s efforts to acquire, de-
velop, or produce ballistic missiles, or
(B) attempted to provide technical assistance or
facilities which the President deems to be of concern
because of their direct contribution to Iran’s efforts
to acquire, develop, or produce ballistic missiles.
(b) TIMING OF REPORTS.—The reports under sub-
section (a) shall be submitted not later than 30 days after
the date of the enactment of this Act, not later than 180
days after such date of enactment, not later than 1 year
after such date of enactment, and not later than the end
of each 1-year period thereafter.
(c) EXCEPTIONS.—Any foreign person who—
(1) was identified in a previous report submit-
ted under subsection (a) on account of a particular
transfer, transaction, or attempt,
(2) has engaged in a transfer or transaction
that was the basis for the imposition of sanctions
with respect to that person under section 73 of the
Arms Export Control Act or section 1604 of the
Iran-Iraq Arms Non-Proliferation Act of 1992,
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(3) may have engaged in a transfer or trans-
action, or made an attempt, that was the subject of
a waiver under section 104, or
(4) has engaged in a transfer or transaction, or
made an attempt, on behalf of, or in concert with,
the Government of the United States,
is not required to be identified on account of that same
transfer, transaction, or attempt in any report submitted
thereafter under this section.
(d) SUBMISSION IN CLASSIFIED FORM.—When the
President considers it appropriate, reports submitted
under subsection (a), or appropriate parts thereof, may
be submitted in classified form.
SEC. 103. IMPOSITION OF SANCTIONS.
(a) REQUIREMENT TO IMPOSE SANCTIONS.—
(1) REQUIREMENT
TO
IMPOSE
SANCTIONS.—
The sanctions described in subsection (b) shall be
imposed on—
(A) any foreign person identified under
subsection (a)(1) of section 102 in a report sub-
mitted under that section, and
(B) any foreign person identified under
subsection (a)(2) of section 102 in a report sub-
mitted under that section, if that person has
been identified in that report or a previous re-
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port as having made at least 1 other attempt
described in subsection (a)(2) of that section.
(2) EFFECTIVE
DATE
OF
SANCTIONS.—The
sanctions shall be effective—
(A) 30 days after the report triggering the
sanction is submitted, if the report is submitted
on or before the date required by section
102(b);
(B) 30 days after the date required by sec-
tion 102(b) for submitting the report, if the re-
port triggering the sanction is submitted within
30 days after that date; and
(C) on the date that the report triggering
the sanction is submitted, if that report is sub-
mitted more than 30 days after the date re-
quired by section 102(b).
(b) DESCRIPTION OF SANCTIONS.—The sanctions re-
ferred to in subsection (a) that are to be imposed on a
foreign person described in that subsection are the follow-
ing:
(1) ARMS EXPORT SANCTION.—For a period of
not less than 2 years, the United States Government
shall not sell to that person any item on the United
States Munitions List as in effect on August 8,
1995, and shall terminate sales to that person of
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any defense articles, defense services, or design and
construction services under the Arms Export Control
Act.
(2) DUAL USE SANCTION.—For a period of not
less than 2 years, the authorities of section 6 of the
Export Administration Act of 1979 shall be used to
prohibit the export to that person of any goods or
technology on the control list established under sec-
tion 5(c)(1) of that Act.
(3) UNITED STATES ASSISTANCE.—For a pe-
riod of not less than 2 years, the United States Gov-
ernment shall not provide any assistance in the form
of grants, loans, credits, guarantees, or otherwise, to
that person.
SEC. 104. WAIVER ON BASIS OF ADDITIONAL INFORMATION.
(a) IN GENERAL.—The President may waive the im-
position of any sanction that would otherwise be required
under section 103 on any foreign person 15 days after
the President determines and reports to the Committee
on International Relations of the House of Representa-
tives and the Committee on Foreign Relations of the Sen-
ate that, on the basis of information provided by that per-
son, or otherwise obtained by the President, the President
is persuaded that the person did not, on or after August
8, 1995—
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(1)(A) transfer items on the MTCR Annex, or
items that the United States proposes for addition
to the MTCR Annex, that contributed to Iran’s ef-
forts to acquire, develop, or produce ballistic mis-
siles, or
(B) provide technical assistance or facilities
which the President deems to be of concern because
of their direct contribution to Iran’s efforts to ac-
quire, develop, or produce ballistic missiles; or
(2) attempt on more than one occasion—
(A) to transfer items on the MTCR Annex,
or items that the United States proposes for
addition to the MTCR Annex, that would have
contributed to Iran’s efforts to acquire, develop,
or produce ballistic missiles, or
(B) to provide technical assistance or fa-
cilities described in paragraph (1)(B).
(b) WRITTEN JUSTIFICATION.—The determination
and report of the President under subsection (a) shall in-
clude a written justification describing in detail—
(1) the credible information indicating that the
person—
(A) transferred items described in section
102(a)(1)(A), or provided technical assistance
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or facilities described in section 102(a)(1)(B);
or
(B) attempted to transfer items described
in section 102(a)(1)(A), or attempted to provide
technical assistance or facilities described in
section 102(a)(1)(B);
(2) the additional information which persuaded
the President that the person did not—
(A) transfer items described in section
102(a)(1)(A), or provide technical assistance or
facilities described in section 102(a)(1)(B); or
(B) attempt to transfer items described in
section 102(a)(1)(A), or attempt to provide
technical assistance or facilities described in
section 102(a)(1)(B); and
(3) the analysis of the information supporting
the President’s conclusion.
(c) SUBMISSION IN CLASSIFIED FORM.—When the
President considers it appropriate, the determination and
report of the President under subsection (a) and the writ-
ten justification under subsection (b), or appropriate parts
thereof, may be submitted in classified form.
SEC. 105. WAIVER ON BASIS OF NATIONAL SECURITY.
(a) IN GENERAL.—The President may waive the im-
position of any sanction that would otherwise be required
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under section 103 on any foreign person 15 days after
the President determines and reports to the Committee
on International Relations of the House of Representa-
tives and the Committee on Foreign Relations of the Sen-
ate that such waiver is essential to the national security
of the United States.
(b) WRITTEN JUSTIFICATION.—The determination
and report of the President under subsection (a) shall in-
clude a written justification describing in detail the facts
and circumstances supporting the President’s conclusion.
(c) SUBMISSION IN CLASSIFIED FORM.—When the
President considers it appropriate, the determination and
report of the President under subsection (a) and the writ-
ten justification under subsection (b), or appropriate parts
thereof, may be submitted in classified form.
SEC. 106. ADDITIONAL INFORMATION REGARDING ACTIONS
BY GOVERNMENT OF PRIMARY JURISDIC-
TION.
As part of each report submitted under section 102,
the President shall include the following information with
respect to each foreign person identified in that report:
(1) A statement regarding whether the govern-
ment of primary jurisdiction over that person was
aware of the activities that were the basis for the
identification of that person in the report.
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(2) If the government of primary jurisdiction
was not aware of the activities that were the basis
for the identification of that person in the report, an
explanation of the reasons why the United States
Government did not inform that government of those
activities.
(3) If the government of primary jurisdiction
was aware of the activities that were the basis for
the identification of that person in the report, a de-
scription of the efforts, if any, undertaken by that
government to prevent those activities, and an as-
sessment of the effectiveness of those efforts, includ-
ing an explanation of why those efforts failed.
(4) If the government of primary jurisdiction
was aware of the activities that were the basis for
the identification of that person in the report and
failed to undertake effective efforts to prevent those
activities, a description of any sanctions that have
been imposed on that government by the United
States Government because of such failure.
SEC. 107. PURCHASE OF WEAPONS TECHNOLOGY.
(a) SENSE OF THE CONGRESS.—It is the sense of the
Congress that the President should exercise the authority
granted to him under section 504 of the Freedom for Rus-
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sia and Emerging Eurasian Democracies and Open Mar-
kets Support Act of 1992 (22 U.S.C. 5854)—
(1) to prevent the transfer of weapons-related
material and delivery systems to Iran through the
purchase, barter, or other acquisition of such mate-
rial and delivery systems; and
(2) to prevent the transfer to Iran of scientific
and technical expertise with respect to such weap-
ons-related material and delivery systems.
(b) AVAILABILITY OF AMOUNTS.—Amounts hereafter
made available, subject to the availability of appropria-
tions, to carry out chapter 11 of part I of the Foreign
Assistance Act of 1961 (22 U.S.C. 2295 et seq.; relating
to assistance for the independent states of the former So-
viet Union) may be used to carry out subsection (a).
SEC. 108. DEFINITIONS.
For the purposes of this title—
(1) the terms ‘‘foreign person’’ and ‘‘person’’
mean—
(A) a natural person that is an alien;
(B) a corporation, business association,
partnership, society, trust, or any other non-
governmental entity, organization, or group,
that is organized under the laws of a foreign
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country or has its principal place of business in
a foreign country;
(C) any foreign governmental entity oper-
ating as a business enterprise; and
(D) any successor or subsidiary of any en-
tity described in subparagraph (B) or (C);
(2) the term ‘‘government of primary jurisdic-
tion’’ means—
(A) in the case of a natural person, the
foreign government of the country of which the
person is a citizen or national;
(B) in the case of an entity described in
subparagraph (B) of paragraph (1), the foreign
government of the country in which the entity
has its principal place of business, or the for-
eign government under whose laws that entity
is organized; and
(C) in the case of a foreign governmental
entity described in subparagraph (C) of para-
graph (1), the foreign government of which that
entity is a part; and
(3) the term ‘‘MTCR Annex’’ has the meaning
given that term in section 11B(c)(4) of the Export
Administration 
Act 
of 
1979 
(50 
U.S.C.
2410b(c)(4)).
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TITLE II—CHEMICAL WEAPONS
CONVENTION IMPLEMENTATION
SEC. 201. SHORT TITLE.
This title may be cited as the ‘‘Chemical Weapons
Convention Implementation Act of 1997’’.
SEC. 202. TABLE OF CONTENTS.
The table of contents for this title is as follows:
Sec. 201. Short title.
Sec. 202. Table of contents.
Sec. 203. Definitions.
Subtitle A—General Provisions
Sec. 211. Designation of United States National Authority.
Sec. 212. No abridgement of constitutional rights.
Sec. 213. Civil liability of the United States.
Subtitle B—Penalties for Unlawful Activities Subject to the Jurisdiction of
the United States
CHAPTER 1—CRIMINAL AND CIVIL PENALTIES
Sec. 221. Criminal and civil provisions.
CHAPTER 2—REVOCATIONS OF EXPORT PRIVILEGES
Sec. 222. Revocations of export privileges.
Subtitle C—Inspections
Sec. 231. Definitions in the subtitle.
Sec. 232. Facility agreements.
Sec. 233. Authority to conduct inspections.
Sec. 234. Procedures for inspections.
Sec. 235. Warrants.
Sec. 236. Prohibited acts relating to inspections.
Sec. 237. National security exception.
Sec. 238. Protection of constitutional rights of contractors.
Sec. 239. Annual report on inspections.
Sec. 240. United States assistance in inspections at private facilities.
Subtitle D—Reports
Sec. 251. Reports required by the United States National Authority.
Sec. 252. Prohibition relating to low concentrations of schedule 2 and 3 chemi-
cals.
Sec. 253. Prohibition relating to unscheduled discrete organic chemicals and co-
incidental byproducts in waste streams.
Sec. 254. Confidentiality of information.
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Sec. 255. Recordkeeping violations.
Subtitle E—Enforcement
Sec. 261. Penalties.
Sec. 262. Specific enforcement.
Sec. 263. Expedited judicial review.
Subtitle F—Miscellaneous Provisions
Sec. 271. Repeal.
Sec. 272. Prohibition.
Sec. 273. Bankruptcy actions.
SEC. 203. DEFINITIONS.
In this title:
(1) CHEMICAL WEAPON.—The term ‘‘chemical
weapon’’ means the following, together or separately:
(A) A toxic chemical and its precursors,
except where intended for a purpose not prohib-
ited under this title as long as the type and
quantity is consistent with such a purpose.
(B) A munition or device, specifically de-
signed to cause death or other harm through
toxic properties of those toxic chemicals speci-
fied in subparagraph (A), which would be re-
leased as a result of the employment of such
munition or device.
(C) Any equipment specifically designed
for use directly in connection with the employ-
ment of munitions or devices specified in sub-
paragraph (B).
(2) CHEMICAL
WEAPONS
CONVENTION; CON-
VENTION.—The terms ‘‘Chemical Weapons Conven-
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tion’’ and ‘‘Convention’’ mean the Convention on the
Prohibition of the Development, Production, Stock-
piling and Use of Chemical Weapons and on Their
Destruction, opened for signature on January 13,
1993.
(3) KEY COMPONENT OF A BINARY OR MULTI-
COMPONENT
CHEMICAL
SYSTEM.—The term ‘‘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.
(4) NATIONAL OF THE UNITED STATES.—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)).
(5) ORGANIZATION.—The term ‘‘Organization’’
means the Organization for the Prohibition of
Chemical Weapons.
(6) PERSON.—The term ‘‘person’’, except as
otherwise provided, means any individual, corpora-
tion, partnership, firm, association, trust, estate,
public or private institution, any State or any politi-
cal subdivision thereof, or any political entity within
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a State, any foreign government or nation or any
agency, instrumentality or political subdivision of
any such government or nation, or other entity lo-
cated in the United States.
(7) PRECURSOR.—
(A) IN GENERAL.—The term ‘‘precursor’’
means any chemical reactant which takes part
at any stage in the production by whatever
method of a toxic chemical. The term includes
any key component of a binary or multicompo-
nent chemical system.
(B) LIST
OF
PRECURSORS.—Precursors
which have been identified for the application of
verification measures under Article VI of the
Convention are listed in schedules contained in
the Annex on Chemicals of the Chemical Weap-
ons Convention.
(8) PURPOSES
NOT
PROHIBITED
BY
THIS
TITLE.—The term ‘‘purposes not prohibited by this
title’’ means the following:
(A) PEACEFUL PURPOSES.—Any peaceful
purpose related to an industrial, agricultural,
research, medical, or pharmaceutical activity or
other activity.
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(B) PROTECTIVE PURPOSES.—Any purpose
directly related to protection against toxic
chemicals and to protection against chemical
weapons.
(C) UNRELATED
MILITARY
PURPOSES.—
Any military purpose of the United States that
is not connected with the use of a chemical
weapon and that is not dependent on the use of
the toxic or poisonous properties of the chemi-
cal weapon to cause death or other harm.
(D) LAW ENFORCEMENT PURPOSES.—Any
law enforcement purpose, including any domes-
tic riot control purpose and including imposition
of capital punishment.
(9) 
TECHNICAL
SECRETARIAT.—The 
term
‘‘Technical Secretariat’’ means the Technical Sec-
retariat of the Organization for the Prohibition of
Chemical Weapons established by the Chemical
Weapons Convention.
(10) SCHEDULE
CHEMICAL
AGENT.—The
term ‘Schedule 1 chemical agent’ means any of the
following, together or separately:
(A) O-Alkyl (≤C10, incl. cycloalkyl) alkyl
(Me, 
Et, 
n-Pr 
or 
i-Pr)-
phosphonofluoridates
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(e.g. 
Sarin: 
O-Isopropyl
methylphosphonofluoridate 
Soman: 
O-
Pinacolyl methylphosphonofluoridate).
(B) O-Alkyl (≤C10, incl. cycloalkyl) N,N-
dialkyl
(Me, 
Et, 
n-Pr 
or 
i-Pr)-
phosphoramidocyanidates
(e.g. Tabun: O-Ethyl N,N-dimethyl
phosphoramidocyanidate).
(C) O-Alkyl (H or ≤C10, incl. cycloalkyl) S-
2-dialkyl
(Me, Et, n-Pr or i-Pr)-aminoethyl
alkyl
(Me, 
Et, 
n-Pr 
or 
i-Pr)
phosphonothiolates 
and 
corresponding
alkylated or protonated salts
(e.g. 
VX: 
O-Ethyl 
S-2-
diisopropylaminoethyl 
methyl
phosphonothiolate).
(D) Sulfur mustards:
2-Chloroethylchloromethylsulfide
Mustard 
gas: 
(Bis(2-
chloroethyl)sulfide
Bis(2-chloroethylthio)methane
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Sesquimustard: 
1,2-Bis(2-
chloroethylthio)ethane
1,3-Bis(2-chloroethylthio)-n-propane
1,4-Bis(2-chloroethylthio)-n-butane
1,5-Bis(2-chloroethylthio)-n-pentane
Bis(2-chloroethylthiomethyl)ether
O-Mustard: 
Bis(2-
chloroethylthioethyl)ether.
(E) Lewisites:
Lewisite 
1: 
2-
Chlorovinyldichloroarsine
Lewisite 
2: 
Bis(2-
chlorovinyl)chloroarsine
Lewisite 3: Tris (2-clorovinyl)arsine.
(F) Nitrogen mustards:
HN1: Bis(2-chloroethyl)ethylamine
HN2: Bis(2-chloroethyl)methylamine
HN3: Tris(2-chloroethyl)amine.
(G) Saxitoxin.
(H) Ricin.
(I) 
Alkyl 
(Me, 
Et, 
n-Pr 
or 
i-Pr)
phosphonyldifluorides
e.g. DF: Methylphosphonyldifluoride.
(J) O-Alkyl (H or ≤C10, incl. cycloalkyl)O-
2-dialkyl
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(Me, Et, n-Pr or i-Pr)-aminoethyl
alkyl
(Me, Et, n-Pr or i-Pr) phosphonites
and corresponding alkylated or protonated
salts
e.g. 
QL: 
O-Ethyl 
O-2-
diisopropylaminoethyl methylphosphonite.
(K) 
Chlorosarin: 
O-Isopropyl
methylphosphonochloridate.
(L) 
Chlorosoman: 
O-Pinacolyl
methylphosphonochloridate.
(11) SCHEDULE
CHEMICAL
AGENT.—The
term ‘Schedule 2 chemical agent’ means the follow-
ing, together or separately:
(A) 
Amiton: 
O,O-Diethyl 
S-[2-
(diethylamino)ethyl]
phosphorothiolate and corresponding
alkylated or protonated salts.
(B) 
PFIB: 
1,1,3,3,3-Pentafluoro-2-
(trifluoromethyl)-1-propene.
(C) BZ: 3-Quinuclidinyl benzilate
(D) Chemicals, except for those listed in
Schedule 1, containing a phosphorus atom to
which is bonded one methyl, ethyl or propyl
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(normal or iso) group but not further carbon
atoms,
e.g. Methylphosphonyl dichloride Di-
methyl methylphosphonate
Exemption: 
Fonofos: 
O-Ethyl 
S-
phenyl ethylphosphonothiolothionate.
(E) N,N-Dialkyl (Me, Et, n-Pr or i-Pr)
phosphoramidic dihalides.
(F) Dialkyl (Me, Et, n-Pr or i-Pr) N,N-
dialkyl 
(Me, 
Et, 
n-Pr 
or 
i-Pr)-
phosphoramidates.
(G) arsenic trichloride.
(H) 2,2-Diphenyl-2-hydroxyacetic acid.
(I) Quinuclidine-3-ol.
(J) N,N-Dialkyl (Me, Et, n-Pr or i-Pr)
aminoethyl-2-chlorides 
and 
corresponding
protonated salts.
(K) N,N-Dialkyl (Me, Et, n-Pr or i-Pr)
aminoethane-2-ols 
and 
corresponding
protonated salts
Exemptions: 
N,N-
Dimethylaminoethanol and corresponding
protonated salts N,N-Diethylaminoethanol
and corresponding protonated salts.
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(P) Methyldiethanolamine.
(Q) Triethanolamine.
(13) TOXIC CHEMICAL.—
(A) IN GENERAL.—The term ‘‘toxic chemi-
cal’’ means any chemical which through its
chemical action on life processes can cause
death, temporary incapacitation or permanent
harm to humans or animals. The term includes
all such chemicals, regardless of their origin or
of their method of production, and regardless of
whether they are produced in facilities, in muni-
tions or elsewhere.
(B) LIST
OF
TOXIC
CHEMICALS.—Toxic
chemicals which have been identified for the ap-
plication of verification measures under Article
VI of the Convention are listed in schedules
contained in the Annex on Chemicals of the
Chemical Weapons Convention.
(14) UNITED
STATES.—The term ‘‘United
States’’ means the several States of the United
States, the District of Columbia, and the common-
wealths, territories, and possessions of the United
States and includes all places under the jurisdiction
or control of the United States, including—
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(A) any of the places within the provisions
of paragraph (41) of section 40102 of title 49,
United States Code;
(B) any civil aircraft of the United States
or public aircraft, as such terms are defined in
paragraphs (17) and (37), respectively, of sec-
tion 40102 of title 49, United States Code; and
(C) any vessel of the United States, as
such term is defined in section 3(b) of the Mar-
itime Drug Law Enforcement Act (46 U.S.C.
App. 1903(b)).
(15) UNSCHEDULED DISCRETE ORGANIC CHEM-
ICAL.—The term ‘‘unscheduled discrete organic
chemical’’ means any chemical not listed on any
schedule contained in the Annex on Chemicals of the
Convention that belongs to the class of chemical
compounds consisting of all compounds of carbon,
except for its oxides, sulfides, and metal carbonates.
Subtitle A—General Provisions
SEC. 211. DESIGNATION OF UNITED STATES NATIONAL AU-
THORITY.
(a) DESIGNATION.—Pursuant to paragraph 4 of Arti-
cle VII of the Chemical Weapons Convention, the Presi-
dent shall designate the Department of State to be the
United States National Authority.
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(b) PURPOSES.—The United States National Author-
ity shall—
(1) 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; and
(2) implement the provisions of this title in co-
ordination with an interagency group designated by
the President consisting of the Secretary of Com-
merce, Secretary of Defense, Secretary of Energy,
the Attorney General, and the heads of agencies con-
sidered necessary or advisable by the President.
(c) DIRECTOR.—The Secretary of State shall serve
as the Director of the United States National Authority.
(d) POWERS.—The Director may utilize the adminis-
trative authorities otherwise available to the Secretary of
State in carrying out the responsibilities of the Director
set forth in this title.
(e) IMPLEMENTATION.—The President is authorized
to implement and carry out the provisions of this title and
the Convention and shall designate through Executive
order which agencies of the United States shall issue,
amend, or revise the regulations in order to implement this
title and the provisions of the Convention. The Director
of the United States National Authority shall report to
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the Congress on the regulations that have been issued, im-
plemented, or revised pursuant to this section.
SEC. 212. NO ABRIDGEMENT OF CONSTITUTIONAL RIGHTS.
No person may be required, as a condition for enter-
ing into a contract with the United States or as a condi-
tion for receiving any benefit from the United States, to
waive any right under the Constitution for any purpose
related to this title or the Convention.
SEC. 213. CIVIL LIABILITY OF THE UNITED STATES.
(a) CLAIMS FOR TAKING OF PROPERTY.—
(1) JURISDICTION OF COURTS OF THE UNITED
STATES.—
(A) UNITED STATES COURT OF FEDERAL
CLAIMS.—The United States Court of Federal
Claims shall, subject to subparagraph (B), have
jurisdiction of any civil action or claim against
the United States for any taking of property
without just compensation that occurs by rea-
son of the action of any officer or employee of
the Organization for the Prohibition of Chemi-
cal Weapons, including any member of an in-
spection team of the Technical Secretariat, or
by reason of the action of any officer or em-
ployee of the United States pursuant to this
title or the Convention. For purposes of this
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subsection, action taken pursuant to or under
the color of this title or the Convention shall be
deemed to be action taken by the United States
for a public purpose.
(B) 
DISTRICT
COURTS.—The 
district
courts of the United States shall have original
jurisdiction, concurrent with the United States
Court of Federal Claims, of any civil action or
claim described in subparagraph (A) that does
not exceed $10,000.
(2) NOTIFICATION.—Any person intending to
bring a civil action pursuant to paragraph (1) shall
notify the United States National Authority of that
intent at least one year before filing the claim in the
United States Court of Federal Claims. Action on
any claim filed during that one-year period shall be
stayed. The one-year period following the notifica-
tion shall not be counted for purposes of any law
limiting the period within which the civil action may
be commenced.
(3) INITIAL STEPS BY UNITED STATES GOVERN-
MENT TO SEEK REMEDIES.—During the period be-
tween a notification pursuant to paragraph (2) and
the filing of a claim covered by the notification in
the United States Court of Federal Claims, the
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United States National Authority shall pursue all
diplomatic and other remedies that the United
States National Authority considers necessary and
appropriate to seek redress for the claim including,
but not limited to, the remedies provided for in the
Convention and under this title.
(4) BURDEN OF PROOF.—In any civil action
under paragraph (1), the plaintiff shall have the
burden to establish a prima facie case that, due to
acts or omissions of any official of the Organization
or any member of an inspection team of the Tech-
nical Secretariat taken under the color of the Con-
vention, proprietary information of the plaintiff has
been divulged or taken without authorization. If the
United States Court of Federal Claims finds that
the plaintiff has demonstrated such a prima facie
case, the burden shall shift to the United States to
disprove the plaintiff’s claim. In deciding whether
the plaintiff has carried its burden, the United
States Court of Federal Claims shall consider,
among other things—
(A) the value of proprietary information;
(B) the availability of the proprietary in-
formation;
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(C) the extent to which the proprietary in-
formation is based on patents, trade secrets, or
other protected intellectual property;
(D) the significance of proprietary infor-
mation; and
(E) the emergence of technology elsewhere
a reasonable time after the inspection.
(b) TORT LIABILITY.—The district courts of the
United States shall have exclusive jurisdiction of civil ac-
tions for money damages for any tort under the Constitu-
tion or any Federal or State law arising from the acts
or omissions of any officer or employee of the United
States or the Organization, including any member of an
inspection team of the Technical Secretariat, taken pursu-
ant to or under color of the Convention or this title.
(c) WAIVER OF SOVEREIGN IMMUNITY OF THE UNIT-
ED STATES.—In any action under subsection (a) or (b),
the United States may not raise sovereign immunity as
a defense.
(d) AUTHORITY FOR CAUSE OF ACTION.—
(1) UNITED
STATES
ACTIONS
IN
UNITED
STATES
DISTRICT
COURT.—Notwithstanding any
other law, the Attorney General of the United States
is authorized to bring an action in the United States
District Court for the District of Columbia against
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any foreign nation for money damages resulting
from that nation’s refusal to provide indemnification
to the United States for any liability imposed on the
United States by virtue of the actions of an inspec-
tor of the Technical Secretariat who is a national of
that foreign nation acting at the direction or the be-
hest of that foreign nation.
(2) UNITED STATES ACTIONS IN COURTS OUT-
SIDE THE UNITED STATES.—The Attorney General
is authorized to seek any and all available redress in
any international tribunal for indemnification to the
United States for any liability imposed on the Unit-
ed States by virtue of the actions of an inspector of
the Technical Secretariat, and to seek such redress
in the courts of the foreign nation from which the
inspector is a national.
(3) ACTIONS BROUGHT BY INDIVIDUALS AND
BUSINESSES.—Notwithstanding any other law, any
national of the United States, or any business entity
organized and operating under the laws of the Unit-
ed States, may bring a civil action in a United
States District Court for money damages against
any foreign national or any business entity organized
and operating under the laws of a foreign nation for
an unauthorized or unlawful acquisition, receipt,
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transmission, or use of property by or on behalf of
such foreign national or business entity as a result
of any tort under the Constitution or any Federal or
State law arising from acts or omissions by any offi-
cer or employee of the United States or any member
of an inspection team of the Technical Secretariat
taken pursuant to or under the color of the Conven-
tion or this title.
(e) RECOUPMENT.—
(1) POLICY.—It is the policy of the United
States to recoup all funds withdrawn from the
Treasury of the United States in payment for any
tort under Federal or State law or taking under the
Constitution arising from the acts or omissions of
any foreign person, officer, or employee of the Orga-
nization, including any member of an inspection
team of the Technical Secretariat, taken under color
of the Chemical Weapons Convention or this title.
(2) SANCTIONS ON FOREIGN COMPANIES.—
(A) 
IMPOSITION
OF
SANCTIONS.—The
sanctions provided in subparagraph (B) shall be
imposed for a period of not less than ten years
upon—
(i) any foreign person, officer, or em-
ployee of the Organization, including any
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member of an inspection team of the Tech-
nical Secretariat, for whose actions or
omissions the United States has been held
liable for a tort or taking pursuant to this
title; and
(ii) any foreign person or business en-
tity organized and operating under the
laws of a foreign nation which knowingly
assisted, encouraged or induced, in any
way, a foreign person described in clause
(i) to publish, divulge, disclose, or make
known in any manner or to any extent not
authorized by the Convention any United
States confidential business information.
(B) SANCTIONS.—
(i) ARMS
EXPORT
TRANSACTIONS.—
The United States Government shall not
sell to a person described in subparagraph
(A) any item on the United States Muni-
tions List and shall terminate sales of any
defense articles, defense services, or design
and construction services to a person de-
scribed in subparagraph (A) under the
Arms Export Control Act.
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(ii) SANCTIONS
UNDER
EXPORT
AD-
MINISTRATION ACT OF 1979.—The authori-
ties under section 6 of the Export Admin-
istration Act of 1979 shall be used to pro-
hibit the export of any goods or technology
on the control list established pursuant to
section 5(c)(1) of that Act to a person de-
scribed in subparagraph (A).
(iii) INTERNATIONAL
FINANCIAL
AS-
SISTANCE.—The United States shall op-
pose any loan or financial or technical as-
sistance by international financial institu-
tions in accordance with section 701 of the
International Financial Institutions Act to
a person described in subparagraph (A).
(iv) EXPORT-IMPORT
BANK
TRANS-
ACTIONS.—The United States shall not
give approval to guarantee, insure, or ex-
tend credit, or to participate in the exten-
sion of credit to a person described in sub-
paragraph (A) through the Export-Import
Bank of the United States.
(v) PRIVATE BANK TRANSACTIONS.—
Regulations shall be issued to prohibit any
United States bank from making any loan
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or providing any credit to a person de-
scribed in subparagraph (A).
(vi) 
BLOCKING
OF
ASSETS.—The
President shall take all steps necessary to
block any transactions in any property
subject to the jurisdiction of the United
States in which a person described in sub-
paragraph (A) has any interest whatsoever,
for the purpose of recouping funds in ac-
cordance with the policy in paragraph (1).
(vii) DENIAL OF LANDING RIGHTS.—
Landing rights in the United States shall
be denied to any private aircraft or air car-
rier owned by a person described in sub-
paragraph (A) except as necessary to pro-
vide for emergencies in which the safety of
the aircraft or its crew or passengers is
threatened.
(3) SANCTIONS ON FOREIGN GOVERNMENTS.—
(A) IMPOSITION
OF
SANCTIONS.—When-
ever the President determines that persuasive
information is available indicating that a for-
eign country has knowingly assisted, encour-
aged or induced, in any way, a person described
in paragraph (2)(A) to publish, divulge, dis-
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close, or make known in any manner or to any
extent not authorized by the Convention any
United States confidential business information,
the President shall, within 30 days after the re-
ceipt of such information by the executive
branch of Government, notify the Congress in
writing of such determination and, subject to
the requirements of paragraphs (4) and (5), im-
pose the sanctions provided under subpara-
graph (B) for a period of not less than five
years.
(B) SANCTIONS.—
(i) ARMS
EXPORT
TRANSACTIONS.—
The United States Government shall not
sell a country described in subparagraph
(A) any item on the United States Muni-
tions List, shall terminate sales of any de-
fense articles, defense services, or design
and construction services to that country
under the Arms Export Control Act, and
shall terminate all foreign military financ-
ing for that country under the Arms Ex-
port Control Act.
(ii) DENIAL OF CERTAIN LICENSES.—
Licenses shall not be issued for the export
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to the sanctioned country of any item on
the United States Munitions List or com-
mercial satellites.
(iii) DENIAL OF ASSISTANCE.—No ap-
propriated funds may be used for the pur-
pose of providing economic assistance, pro-
viding military assistance or grant military
education and training, or extending mili-
tary credits or making guarantees to a
country described in subparagraph (A).
(iv) SANCTIONS UNDER EXPORT AD-
MINISTRATION ACT OF 1979.—The authori-
ties of section 6 of the Export Administra-
tion Act of 1979 shall be used to prohibit
the export of any goods or technology on
the control list established pursuant to sec-
tion 5(c)(1) of that Act to a country de-
scribed in subparagraph (A).
(v) INTERNATIONAL
FINANCIAL
AS-
SISTANCE.—The United States shall op-
pose any loan or financial or technical as-
sistance by international financial institu-
tions in accordance with section 701 of the
International Financial Institutions Act to
a country described in subparagraph (A).
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(vi) TERMINATION
OF
ASSISTANCE
UNDER
FOREIGN
ASSISTANCE
ACT
OF
1961.—The United States shall terminate
all assistance to a country described in
subparagraph (A) under the Foreign As-
sistance Act of 1961, except for urgent hu-
manitarian assistance.
(vii) PRIVATE BANK TRANSACTIONS.—
The United States shall not give approval
to guarantee, insure, or extend credit, or
participate in the extension of credit
through the Export-Import Bank of the
United States to a country described in
subparagraph (A).
(viii) 
PRIVATE
BANK
TRANS-
ACTIONS.—Regulations shall be issued to
prohibit any United States bank from
making any loan or providing any credit to
a country described in subparagraph (A).
(ix) DENIAL OF LANDING RIGHTS.—
Landing rights in the United States shall
be denied to any air carrier owned by a
country described in subparagraph (A), ex-
cept as necessary to provide for emer-
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gencies in which the safety of the aircraft
or its crew or passengers is threatened.
(4) 
SUSPENSION
OF
SANCTIONS
UPON
RECOUPMENT
BY
PAYMENT.—Sanctions imposed
under paragraph (2) or (3) may be suspended if the
sanctioned person, business entity, or country, with-
in the period specified in that paragraph, provides
full and complete compensation to the United States
Government, in convertible foreign exchange or other
mutually acceptable compensation equivalent to the
full value thereof, in satisfaction of a tort or taking
for which the United States has been held liable pur-
suant to this title.
(5) WAIVER OF SANCTIONS ON FOREIGN COUN-
TRIES.—The President may waive some or all of the
sanctions provided under paragraph (3) in a particu-
lar case if he determines and certifies in writing to
the Speaker of the House of Representatives and the
Committee on Foreign Relations of the Senate that
such waiver is necessary to protect the national se-
curity interests of the United States. The certifi-
cation shall set forth the reasons supporting the de-
termination and shall take effect on the date on
which the certification is received by the Congress.
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(6) NOTIFICATION
TO
CONGRESS.—Not later
than five days after sanctions become effective
against a foreign person pursuant to this title, the
President shall transmit written notification of the
imposition of sanctions against that foreign person
to the chairmen and ranking members of the Com-
mittee on International Relations of the House of
Representatives and the Committee on Foreign Re-
lations of the Senate.
(f) SANCTIONS FOR UNAUTHORIZED DISCLOSURE OF
UNITED STATES CONFIDENTIAL BUSINESS INFORMA-
TION.—The Secretary of State shall deny a visa to, and
the Attorney General shall exclude from the United States
any alien who, after the date of enactment of this Act—
(1) is, or previously served as, an officer or em-
ployee of the Organization and who has willfully
published, divulged, disclosed, or made known in any
manner or to any extent not authorized by the Con-
vention any United States confidential business in-
formation coming to him in the course of his em-
ployment or official duties, or by reason of any ex-
amination or investigation of any return, report, or
record made to or filed with the Organization, or
any officer or employee thereof, such practice or dis-
closure having resulted in financial loses or damages
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to a United States person and for which actions or
omissions the United States has been found liable of
a tort or taking pursuant to this title;
(2) traffics in United States confidential busi-
ness information, a proven claim to which is owned
by a United States national;
(3) is a corporate officer, principal, shareholder
with a controlling interest of an entity which has
been involved in the unauthorized disclosure of Unit-
ed States confidential business information, a proven
claim to which is owned by a United States national;
or
(4) is a spouse, minor child, or agent of a per-
son excludable under paragraph (1), (2), or (3).
(g) UNITED STATES CONFIDENTIAL BUSINESS IN-
FORMATION DEFINED.—In this section, the term ‘‘United
States confidential business information’’ means any trade
secrets or commercial or financial information that is priv-
ileged and confidential—
(1) including—
(A) data described in section 234(e)(2) of
this Act,
(B) any chemical structure,
(C) any plant design process, technology,
or operating method,
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(D) any operating requirement, input, or
result that identifies any type or quantity of
chemicals used, processed, or produced, or
(E) any commercial sale, shipment, or use
of a chemical, or
(2) as described in section 552(b)(4) of title 5,
United States Code,
and that is obtained—
(i) from a United States person; or
(ii) through the United States Government or
the conduct of an inspection on United States terri-
tory under the Convention.
Subtitle B—Penalties for Unlawful
Activities Subject to the Juris-
diction of the United States
CHAPTER 1—CRIMINAL AND CIVIL
PENALTIES
SEC. 221. CRIMINAL AND CIVIL PROVISIONS.
(a) IN GENERAL.—Part I of title 18, United States
Code, is amended by inserting after chapter 11A the fol-
lowing new chapter:
‘‘CHAPTER 11B—CHEMICAL WEAPONS
‘‘Sec.
‘‘229. Prohibited activities.
‘‘229A. Penalties.
‘‘229B. Criminal forfeitures; destruction of weapons.
‘‘229C. Individual self-defense devices.
‘‘229D. Injunctions.
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‘‘229E. Requests for military assistance to enforce prohibition in certain emer-
gencies.
‘‘229F. Definitions.
‘‘§ 229. Prohibited activities
‘‘(a) UNLAWFUL CONDUCT.—Except as provided in
subsection (b), it shall be unlawful for any person know-
ingly—
‘‘(1) to develop, produce, otherwise acquire,
transfer directly or indirectly, receive, stockpile, re-
tain, own, possess, or use, or threaten to use, any
chemical weapon; or
‘‘(2) to assist or induce, in any way, any person
to violate paragraph (1), or to attempt or conspire
to violate paragraph (1).
‘‘(b) EXEMPTED AGENCIES AND PERSONS.—
‘‘(1) IN
GENERAL.—Subsection (a) does not
apply to the retention, ownership, possession, trans-
fer, or receipt of a chemical weapon by a depart-
ment, agency, or other entity of the United States,
or by a person described in paragraph (2), pending
destruction of the weapon.
‘‘(2) EXEMPTED PERSONS.—A person referred
to in paragraph (1) is—
‘‘(A) any person, including a member of
the Armed Forces of the United States, who is
authorized by law or by an appropriate officer
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of the United States to retain, own, possess,
transfer, or receive the chemical weapon; or
‘‘(B) in an emergency situation, any other-
wise nonculpable person if the person is at-
tempting to destroy or seize the weapon.
‘‘(c) JURISDICTION.—Conduct prohibited by sub-
section (a) is within the jurisdiction of the United States
if the prohibited conduct—
‘‘(1) takes place in the United States;
‘‘(2) takes place outside of the United States
and is committed by a national of the United States;
‘‘(3) is committed against a national of the
United States while the national is outside the Unit-
ed States; or
‘‘(4) is committed against any property that is
owned, leased, or used by the United States or by
any department or agency of the United States,
whether the property is within or outside the United
States.
‘‘§ 229A. Penalties
‘‘(a) CRIMINAL PENALTIES.—
‘‘(1) IN
GENERAL.—Any person who violates
section 229 of this title shall be fined under this
title, or imprisoned for any term of years, or both.
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‘‘(2) DEATH PENALTY.—Any person who vio-
lates section 229 of this title and by whose action
the death of another person is the result shall be
punished by death or imprisoned for life.
‘‘(b) CIVIL PENALTIES.—
‘‘(1) IN GENERAL.—The Attorney General may
bring a civil action in the appropriate United States
district court against any person who violates section
229 of this title and, upon proof of such violation by
a preponderance of the evidence, such person shall
be subject to pay a civil penalty in an amount not
to exceed $100,000 for each such violation.
‘‘(2) RELATION TO OTHER PROCEEDINGS.—The
imposition of a civil penalty under this subsection
does not preclude any other criminal or civil statu-
tory, common law, or administrative remedy, which
is available by law to the United States or any other
person.
‘‘(c) REIMBURSEMENT OF COSTS.—The court shall
order any person convicted of an offense under subsection
(a) to reimburse the United States for any expenses in-
curred by the United States incident to the seizure, stor-
age, handling, transportation, and destruction or other
disposition of any property that was seized in connection
with an investigation of the commission of the offense by
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that person. A person ordered to reimburse the United
States for expenses under this subsection shall be jointly
and severally liable for such expenses with each other per-
son, if any, who is ordered under this subsection to reim-
burse the United States for the same expenses.
‘‘§ 229B. Criminal forfeitures; destruction of weapons
‘‘(a) PROPERTY SUBJECT TO CRIMINAL FORFEIT-
URE.—Any person convicted under section 229A(a) shall
forfeit to the United States irrespective of any provision
of State law—
‘‘(1) any property, real or personal, owned, pos-
sessed, or used by a person involved in the offense;
‘‘(2) any property constituting, or derived from,
and proceeds the person obtained, directly or indi-
rectly, as the result of such violation; and
‘‘(3) any of the property used in any manner or
part, to commit, or to facilitate the commission of,
such violation.
The court, in imposing sentence on such person, shall
order, in addition to any other sentence imposed pursuant
to section 229A(a), that the person forfeit to the United
States all property described in this subsection. In lieu of
a fine otherwise authorized by section 229A(a), a defend-
ant who derived profits or other proceeds from an offense
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may be fined not more than twice the gross profits or
other proceeds.
‘‘(b) PROCEDURES.—
‘‘(1) GENERAL.—Property subject to forfeiture
under this section, any seizure and disposition there-
of, and any administrative or judicial proceeding in
relation thereto, shall be governed by subsections (b)
through (p) of section 413 of the Comprehensive
Drug Abuse Prevention and Control Act of 1970 (21
U.S.C. 853), except that any reference under those
subsections to—
‘‘(A) ‘this subchapter or subchapter II’
shall be deemed to be a reference to section
229A(a); and
‘‘(B) ‘subsection (a)’ shall be deemed to be
a reference to subsection (a) of this section.
‘‘(2) TEMPORARY RESTRAINING ORDERS.—
‘‘(A) IN GENERAL.—For the purposes of
forfeiture proceedings under this section, a tem-
porary restraining order may be entered upon
application of the United States without notice
or opportunity for a hearing when an informa-
tion or indictment has not yet been filed with
respect to the property, if, in addition to the
circumstances described in section 413(e)(2) of
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the Comprehensive Drug Abuse Prevention and
Control Act of 1970 (21 U.S.C. 853(e)(2)), the
United States demonstrates that there is prob-
able cause to believe that the property with re-
spect to which the order is sought would, in the
event of conviction, be subject to forfeiture
under this section and exigent circumstances
exist that place the life or health of any person
in danger.
‘‘(B) WARRANT OF SEIZURE.—If the court
enters a temporary restraining order under this
paragraph, it shall also issue a warrant author-
izing the seizure of such property.
‘‘(C) 
APPLICABLE
PROCEDURES.—The
procedures and time limits applicable to tem-
porary restraining orders under section 413(e)
(2) and (3) of the Comprehensive Drug Abuse
Prevention and Control Act of 1970 (21 U.S.C.
853(e) (2) and (3)) shall apply to temporary re-
straining orders under this paragraph.
‘‘(c) AFFIRMATIVE DEFENSE.—It is an affirmative
defense against a forfeiture under subsection (b) that the
property—
‘‘(1) is for a purpose not prohibited under the
Chemical Weapons Convention; and
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‘‘(2) is of a type and quantity that under the
circumstances is consistent with that purpose.
‘‘(d) DESTRUCTION OR OTHER DISPOSITION.—The
Attorney General shall provide for the destruction or other
appropriate disposition of any chemical weapon seized and
forfeited pursuant to this section.
‘‘(e) ASSISTANCE.—The Attorney General may re-
quest the head of any agency of the United States to assist
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 han-
dling, storage, transportation, and destruction or other
disposition of the seized property.
‘‘§ 229C. Individual self-defense devices
‘‘Nothing in this chapter shall be construed to pro-
hibit any individual self-defense device, including those
using a pepper spray or chemical mace.
‘‘§ 229D. Injunctions
‘‘The United States may obtain in a civil action an
injunction against—
‘‘(1) the conduct prohibited under section 229
or 229C of this title; or
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‘‘(2) the preparation or solicitation to engage in
conduct prohibited under section 229 or 229D of
this title.
‘‘§ 229E. Requests for military assistance to enforce
prohibition in certain emergencies
‘‘The Attorney General may request the Secretary of
Defense to provide assistance under section 382 of title
10 in support of Department of Justice activities relating
to the enforcement of section 229 of this title in an emer-
gency situation involving a chemical weapon. The author-
ity to make such a request may be exercised by another
official of the Department of Justice in accordance with
section 382(f)(2) of title 10.
‘‘§ 229F. Definitions
‘‘In this chapter:
‘‘(1) CHEMICAL WEAPON.—The term ‘chemical
weapon’ means the following, together or separately:
‘‘(A) A toxic chemical and its precursors,
except where intended for a purpose not prohib-
ited under this chapter as long as the type and
quantity is consistent with such a purpose.
‘‘(B) A munition or device, specifically de-
signed to cause death or other harm through
toxic properties of those toxic chemicals speci-
fied in subparagraph (A), which would be re-
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leased as a result of the employment of such
munition or device.
‘‘(C) Any equipment specifically designed
for use directly in connection with the employ-
ment of munitions or devices specified in sub-
paragraph (B).
‘‘(2) CHEMICAL WEAPONS CONVENTION; CON-
VENTION.—The terms ‘Chemical Weapons Conven-
tion’ and ‘Convention’ mean the Convention on the
Prohibition of the Development, Production, Stock-
piling and Use of Chemical Weapons and on Their
Destruction, opened for signature on January 13,
1993.
‘‘(3) KEY COMPONENT OF A BINARY OR MULTI-
COMPONENT
CHEMICAL
SYSTEM.—The term ‘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.
‘‘(4) NATIONAL OF THE UNITED STATES.—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)).
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‘‘(5) PERSON.—The term ‘person’, except as
otherwise provided, means any individual, corpora-
tion, partnership, firm, association, trust, estate,
public or private institution, any State or any politi-
cal 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 lo-
cated in the United States.
‘‘(6) PRECURSOR.—
‘‘(A) IN GENERAL.—The term ‘precursor’
means any chemical reactant which takes part
at any stage in the production by whatever
method of a toxic chemical. The term includes
any key component of a binary or multicompo-
nent chemical system.
‘‘(B) LIST
OF
PRECURSORS.—Precursors
which have been identified for the application of
verification measures under Article VI of the
Convention are listed in schedules contained in
the Annex on Chemicals of the Chemical Weap-
ons Convention.
‘‘(7) PURPOSES
NOT
PROHIBITED
BY
THIS
CHAPTER.—The term ‘purposes not prohibited by
this chapter’ means the following:
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‘‘(A) PEACEFUL PURPOSES.—Any peaceful
purpose related to an industrial, agricultural,
research, medical, or pharmaceutical activity or
other activity.
‘‘(B) PROTECTIVE
PURPOSES.—Any pur-
pose directly related to protection against toxic
chemicals and to protection against chemical
weapons.
‘‘(C) UNRELATED MILITARY PURPOSES.—
Any military purpose of the United States that
is not connected with the use of a chemical
weapon or that is not dependent on the use of
the toxic or poisonous properties of the chemi-
cal weapon to cause death or other harm.
‘‘(D) LAW
ENFORCEMENT
PURPOSES.—
Any law enforcement purpose, including any do-
mestic riot control purpose and including impo-
sition of capital punishment.
‘‘(8) TOXIC CHEMICAL.—
‘‘(A) IN GENERAL.—The term ‘toxic chem-
ical’ means any chemical which through its
chemical action on life processes can cause
death, temporary incapacitation or permanent
harm to humans or animals. The term includes
all such chemicals, regardless of their origin or
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of their method of production, and regardless of
whether they are produced in facilities, in muni-
tions or elsewhere.
‘‘(B) LIST OF TOXIC CHEMICALS.—Toxic
chemicals which have been identified for the ap-
plication of verification measures under Article
VI of the Convention are listed in schedules
contained in the Annex on Chemicals of the
Chemical Weapons Convention.
‘‘(9) UNITED
STATES.—The term ‘United
States’ means the several States of the United
States, the District of Columbia, and the common-
wealths, territories, and possessions of the United
States and includes all places under the jurisdiction
or control of the United States, including—
‘‘(A) any of the places within the provi-
sions of paragraph (41) of section 40102 of
title 49;
‘‘(B) any civil aircraft of the United States
or public aircraft, as such terms are defined in
paragraphs (17) and (37), respectively, of sec-
tion 40102 of title 49; and
‘‘(C) any vessel of the United States, as
such term is defined in section 3(b) of the Mar-
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itime Drug Law Enforcement Act (46 U.S.C.
App. 1903(b)).’’.
(b) CONFORMING AMENDMENTS.—
(1) WEAPONS OF MASS DESTRUCTION.—Section
2332a of title 18, United States Code, is amended—
(A) by striking ‘‘§ 2332a. Use of weap-
ons of mass destruction’’ and inserting
‘‘§ 2332a. Use of certain weapons of
mass destruction’’;
(B) in subsection (a), by inserting ‘‘(other
than a chemical weapon as that term is defined
in section 229F)’’ after ‘‘weapon of mass de-
struction’’; and
(C) in subsection (b), by inserting ‘‘(other
than a chemical weapon (as that term is de-
fined in section 229F))’’ after ‘‘weapon of mass
destruction’’.
(2) TABLE OF CHAPTERS.—The table of chap-
ters for part I of title 18, United States Code, is
amended by inserting after the item for chapter 11A
the following new item:
‘‘11B. Chemical Weapons ................................................................
229’’.
(c) REPEALS.—The following provisions of law are
repealed:
(1) Section 2332c of title 18, United States
Code, relating to chemical weapons.
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(2) In the table of sections for chapter 113B of
title 18, United States Code, the item relating to
section 2332c.
CHAPTER 2—REVOCATIONS OF EXPORT
PRIVILEGES
SEC. 222. REVOCATIONS OF EXPORT PRIVILEGES.
If the President determines, after notice and an op-
portunity for a hearing in accordance with section 554 of
title 5, United States Code, that any person within the
United States, or any national of the United States lo-
cated outside the United States, has committed any viola-
tion of section 229 of title 18, United States Code, the
President may issue an order for the suspension or revoca-
tion of the authority of the person to export from the Unit-
ed States any goods or technology (as such terms are de-
fined in section 16 of the Export Administration Act of
1979 (50 U.S.C. App. 2415)).
Subtitle C—Inspections
SEC. 231. DEFINITIONS IN THE SUBTITLE.
(a) IN GENERAL.—In this subtitle, the terms ‘‘chal-
lenge inspection’’, ‘‘plant site’’, ‘‘plant’’, ‘‘facility agree-
ment’’, ‘‘inspection team’’, and ‘‘requesting state party’’
have the meanings given those terms in Part I of the
Annex on Implementation and Verification of the Chemi-
cal Weapons Convention. The term ‘‘routine inspection’’
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means an inspection, other than an ‘‘initial inspection’’,
undertaken pursuant to Article VI of the Convention.
(b) DEFINITION
OF
JUDGE
OF
THE
UNITED
STATES.—In this subtitle, the term ‘‘judge of the United
States’’ means a judge or magistrate judge of a district
court of the United States.
SEC. 232. FACILITY AGREEMENTS.
(a) 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 con-
ducted 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.
(b) TYPES OF FACILITY AGREEMENTS.—
(1) SCHEDULE TWO 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 nec-
essary.
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(2) SCHEDULE THREE FACILITIES.—The Unit-
ed States National Authority shall ensure that facil-
ity agreements are concluded for plants, plant sites,
or other facilities or locations that are subject to in-
spection pursuant to paragraph 5 or 6 of Article VI
of the Convention if so requested by the owner, oper-
ator, occupant, or agent in charge of the facility.
(c) NOTIFICATION
REQUIREMENTS.—The United
States National Authority shall ensure that the owner, op-
erator, 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 per-
son 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 opera-
tor, occupant or agent in charge of a facility may observe
negotiations of the agreement between the United States
and the Organization concerning that facility.
(d) CONTENT OF FACILITY AGREEMENTS.—Facility
agreements shall—
(1) identify the areas, equipment, computers,
records, data, and samples subject to inspection;
(2) describe the procedures for providing notice
of an inspection to the owner, occupant, operator, or
agent in charge of a facility;
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(3) describe the timeframes for inspections; and
(4) detail the areas, equipment, computers,
records, data, and samples that are not subject to
inspection.
SEC. 233. AUTHORITY TO CONDUCT INSPECTIONS.
(a) PROHIBITION.—No inspection of a plant, plant
site, or other facility or location in the United States shall
take place under the Convention without the authorization
of the United States National Authority in accordance
with the requirements of this subtitle.
(b) AUTHORITY.—
(1) 
TECHNICAL
SECRETARIAT
INSPECTION
TEAMS.—Any duly designated member of an inspec-
tion 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 Convention.
(2) UNITED STATES GOVERNMENT REPRESENT-
ATIVES.—The United States National Authority
shall coordinate the designation of employees of the
Federal Government to accompany members of an
inspection team of the Technical Secretariat and, in
doing so, shall ensure that—
(A) a special agent of the Federal Bureau
of Investigation, as designated by the Federal
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Bureau of Investigation, accompanies each in-
spection team visit pursuant to paragraph (1);
(B) no employee of the Environmental
Protection Agency or the Occupational Safety
and Health Administration accompanies any in-
spection team visit conducted pursuant to para-
graph (1); and
(C) the number of duly designated rep-
resentatives shall be kept to the minimum nec-
essary.
(3) OBJECTIONS TO INDIVIDUALS SERVING AS
INSPECTORS.—
(A) IN GENERAL.—In deciding whether to
exercise the right of the United States under
the Convention to object to an individual serv-
ing as an inspector, the President shall give
great weight to his reasonable belief that—
(i) such individual is or has been a
member of, or a participant in, any group
or organization that has engaged in, or at-
tempted or conspired to engage in, or
aided or abetted in the commission of, any
terrorist act or activity;
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(ii) such individual has committed any
act or activity which would be a felony
under the laws of the United States; or
(iii) the participation of such individ-
ual as a member of an inspection team
would pose a risk to the national security
or economic well-being of the United
States.
(B) NOT SUBJECT TO JUDICIAL REVIEW.—
Any objection by the President to an individual
serving as an inspector, whether made pursuant
to this section or otherwise, shall not be
reviewable in any court.
SEC. 234. PROCEDURES FOR INSPECTIONS.
(a) TYPES OF INSPECTIONS.—Each inspection of a
plant, plant site, or other facility or location in the United
States under the Convention shall be conducted in accord-
ance with this section and section 235, except where other
procedures are provided in a facility agreement entered
into under section 232.
(b) NOTICE.—
(1) IN GENERAL.—An inspection referred to in
subsection (a) may be made only upon issuance of
an actual written notice by the United States Na-
tional Authority to the owner and to the operator,
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occupant, or agent in charge of the premises to be
inspected.
(2) TIME OF NOTIFICATION.—The notice for a
routine inspection shall be submitted to the owner
and to the operator, occupant, or agent in charge
within six hours of receiving the notification of the
inspection from the Technical Secretariat or as soon
as possible thereafter. Notice for a challenge inspec-
tion shall be provided at any appropriate time deter-
mined by the United States National Authority. No-
tices may be posted prominently at the plant, plant
site, or other facility or location if the United States
is unable to provide actual written notice to the
owner, operator, or agent in charge of the premises.
(3) CONTENT OF NOTICE.—
(A) IN GENERAL.—The notice under para-
graph (1) shall include all appropriate informa-
tion supplied by the Technical Secretariat to
the United States National Authority concern-
ing—
(i) the type of inspection;
(ii) the basis for the selection of the
plant, plant site, or other facility or loca-
tion for the type of inspection sought;
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(iii) the time and date that the inspec-
tion will begin and the period covered by
the inspection; and
(iv) the names and titles of the
inspectors.
(B) SPECIAL RULE FOR CHALLENGE IN-
SPECTIONS.—In the case of a challenge inspec-
tion pursuant to Article IX of the Convention,
the notice shall also include all appropriate evi-
dence or reasons provided by the requesting
state party to the Convention for seeking the
inspection.
(4) SEPARATE
NOTICES
REQUIRED.—A sepa-
rate notice shall be provided for each inspection, ex-
cept that a notice shall not be required for each
entry made during the period covered by the
inspection.
(c) CREDENTIALS.—The head of the inspection team
of the Technical Secretariat and the accompanying em-
ployees of the Federal government shall display appro-
priate identifying credentials to the owner, operator, occu-
pant, or agent in charge of the premises before the inspec-
tion is commenced.
(d) TIMEFRAME FOR INSPECTIONS.—Consistent with
the provisions of the Convention, each inspection shall be
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commenced and completed with reasonable promptness
and shall be conducted at reasonable times, within reason-
able limits, and in a reasonable manner.
(e) SCOPE.—
(1) IN GENERAL.—Except as provided in a war-
rant issued under section 235 or a facility agree-
ment entered into under section 232, an inspection
conducted under this subtitle may extend to all
things within the premises inspected (including
records, files, papers, processes, controls, structures
and vehicles) related to whether the requirements of
the Convention applicable to such premises have
been complied with.
(2) EXCEPTION.—Unless required by the Con-
vention, no inspection under this subtitle shall ex-
tend 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;
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(G) data maintained for compliance with
environmental or occupational health and safety
regulations; or
(H) personnel and vehicles entering and
personnel and personal passenger vehicles
exiting the facility.
(f) SAMPLING AND SAFETY.—
(1) IN GENERAL.—The Director of the United
States National Authority is authorized to require
the provision of samples to a member of the inspec-
tion team of the Technical Secretariat in accordance
with the provisions of the 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. No sample collected in the United States
pursuant to an inspection permitted by this title
may be transferred for analysis to any laboratory
outside the territory of the United States.
(2) COMPLIANCE WITH REGULATIONS.—In car-
rying out their activities, members of the inspection
team of the Technical Secretariat and representa-
tives of agencies or departments accompanying the
inspection team shall observe safety regulations es-
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tablished at the premises to be inspected, including
those for protection of controlled environments with-
in a facility and for personal safety.
(g) COORDINATION.—The appropriate representa-
tives of the United States, as designated, 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 Sec-
retariat.
SEC. 235. WARRANTS.
(a) IN GENERAL.—The United States Government
shall seek the consent of the owner or the operator, occu-
pant, or agent in charge of the premises to be inspected
prior to any inspection referred to in section 304(a). If
consent is obtained, a warrant is not required for the in-
spection. The owner or the operator, occupant, or agent
in charge of the premises to be inspected may withhold
consent for any reason or no reason. After providing noti-
fication pursuant to subsection (b), the United States Gov-
ernment may seek a search warrant from a United States
magistrate judge. Proceedings regarding the issuance of
a search warrant shall be conducted ex parte, unless other-
wise requested by the United States Government.
(b) ROUTINE INSPECTIONS.—
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(1) OBTAINING ADMINISTRATIVE SEARCH WAR-
RANTS.—For any routine inspection conducted on
the territory of the United States pursuant to Arti-
cle VI of the Convention, where consent has been
withheld, the United States Government shall first
obtain an administrative search warrant from a
judge of the United States. The United States Gov-
ernment shall provide to the judge of the United
States 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. The United States Gov-
ernment shall also provide any other appropriate in-
formation available to it relating to the reasonable-
ness of the selection of the plant, plant site, or other
facility or location for the inspection.
(2) CONTENT OF AFFIDAVITS FOR ADMINISTRA-
TIVE SEARCH WARRANTS.—The judge of the United
States shall promptly issue a warrant authorizing
the requested inspection upon an affidavit submitted
by the United States Government showing that—
(A) the Chemical Weapons Convention is
in force for the United States;
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(B) the plant site, plant, or other facility
or location sought to be inspected is required to
report data under subtitle D of this title and is
subject to routine inspection under the Conven-
tion;
(C) the purpose of the inspection is—
(i) in the case of any facility owned or
operated by a non-Government entity relat-
ed to Schedule 1 chemical agents, to verify
that the facility is not used to produce any
Schedule 1 chemical agent except for de-
clared chemicals; quantities of Schedule 1
chemicals 
produced, 
processed, 
or
consumed are correctly declared and con-
sistent with needs for the declared pur-
pose; and Schedule 1 chemicals are not di-
verted or used for other purposes;
(ii) in the case of any facility related
to Schedule 2 chemical agents, to verify
that activities are in accordance with obli-
gations under the Convention and consist-
ent with the information provided in data
declarations; and
(iii) in the case of any facility related
to Schedule 3 chemical agents and any
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other chemical production facility, to verify
that the activities of the facility are con-
sistent with the information provided in
data declarations;
(D) the items, documents, and areas to be
searched and seized;
(E) in the case of a facility related to
Schedule 2 or Schedule 3 chemical agents or
unscheduled discrete organic chemicals, the
plant site has not been subject to more than 1
routine inspection in the current calendar year,
and, in the case of facilities related to Schedule
3 chemical agents or unscheduled discrete or-
ganic chemicals, the inspection will not cause
the number of routine inspections in the United
States to exceed 20 in a calendar year;
(F) the selection of the site was made in
accordance with procedures established under
the Convention and, in particular—
(i) in the case of any facility owned or
operated by a non-Government entity relat-
ed to Schedule 1 chemical agents, the in-
tensity, duration, timing, and mode of the
requested inspection is based on the risk to
the object and purpose of the Convention
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by the quantities of chemical produced, the
characteristics of the facility and the na-
ture of activities carried out at the facility,
and the requested inspection, when consid-
ered with previous such inspections of the
facility undertaken in the current calendar
year, shall not exceed the number reason-
ably required based on the risk to the ob-
ject and purpose of the Convention as de-
scribed above;
(ii) in the case of any facility related
to Schedule 2 chemical agents, the Tech-
nical Secretariat gave due consideration to
the risk to the object and purpose of the
Convention posed by the relevant chemical,
the characteristics of the plant site and the
nature of activities carried out there, tak-
ing into account the respective facility
agreement as well as the results of the ini-
tial inspections and subsequent inspections;
and
(iii) in the case of any facility related
to Schedule 3 chemical agents or unsched-
uled discrete organic chemicals, the facility
was selected randomly by the Technical
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Secretariat using appropriate mechanisms,
such as specifically designed computer soft-
ware, on the basis of two weighting fac-
tors: (I) equitable geographical distribution
of inspections; and (II) the information on
the declared sites available to the Tech-
nical Secretariat, related to the relevant
chemical, the characteristics of the plant
site, and the nature of activities carried
out there;
(G) the earliest commencement and latest
closing dates and times of the inspection; and
(H) the duration of inspection will not ex-
ceed time limits specified in the Convention un-
less agreed by the owner, operator, or agent in
charge of the plant.
(3) CONTENT OF WARRANTS.—A warrant is-
sued under paragraph (2) shall specify the same
matters required of an affidavit under that para-
graph. In addition to the requirements for a warrant
issued under this paragraph, each warrant shall con-
tain, if known, the identities of the representatives
of the Technical Secretariat conducting the inspec-
tion and the observers of the inspection and, if appli-
cable, the identities of the representatives of agen-
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cies or departments of the United States accompany-
ing those representatives.
(4) CHALLENGE INSPECTIONS.—
(A) CRIMINAL
SEARCH
WARRANT.—For
any challenge inspection conducted on the terri-
tory of the United States pursuant to Article
IX of the Chemical Weapons Convention, where
consent has been withheld, the United States
Government shall first obtain from a judge of
the United States a criminal search warrant
based upon probable cause, supported by oath
or affirmation, and describing with particularity
the place to be searched and the person or
things to be seized.
(B) INFORMATION PROVIDED.—The Unit-
ed States Government shall provide to the judge
of the United States—
(i) all appropriate information sup-
plied by the Technical Secretariat to the
United States National Authority regard-
ing the basis for the selection of the plant
site, plant, or other facility or location for
the type of inspection sought;
(ii) any other appropriate information
relating to the reasonableness of the selec-
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tion of the plant, plant site, or other facil-
ity or location for the inspection;
(iii) information concerning—
(I) the duration and scope of the
inspection;
(II) areas to be inspected;
(III) records and data to be re-
viewed; and
(IV) samples to be taken;
(iv) appropriate evidence or reasons
provided by the requesting state party for
the inspection;
(v) any other evidence showing prob-
able cause to believe that a violation of this
title has occurred or is occurring; and
(vi) the identities of the representa-
tives of the Technical Secretariat on the
inspection team and the Federal Govern-
ment employees accompanying the inspec-
tion team.
(C) CONTENT OF WARRANT.—The warrant
shall specify—
(i) the type of inspection authorized;
(ii) the purpose of the inspection;
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(iii) the type of plant site, plant, or
other facility or location to be inspected;
(iv) the areas of the plant site, plant,
or other facility or location to be inspected;
(v) the items, documents, data, equip-
ment, and computers that may be in-
spected or seized;
(vi) samples that may be taken;
(vii) the earliest commencement and
latest concluding dates and times of the in-
spection; and
(viii) the identities of the representa-
tives of the Technical Secretariat on the
inspection teams and the Federal Govern-
ment employees accompanying the inspec-
tion team.
SEC. 236. PROHIBITED ACTS RELATING TO INSPECTIONS.
It shall be unlawful for any person willfully to fail
or refuse to permit entry or inspection, or to disrupt,
delay, or otherwise impede an inspection, authorized by
this title.
SEC. 237. NATIONAL SECURITY EXCEPTION.
Consistent with the objective of eliminating chemical
weapons, the President may deny a request to inspect any
facility in the United States in cases where the President
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determines that the inspection may pose a threat to the
national security interests of the United States.
SEC. 238. PROTECTION OF CONSTITUTIONAL RIGHTS OF
CONTRACTORS.
(a) The Office of Federal Procurement Policy Act (41
U.S.C. 403 et seq.) is amended by adding at the end the
following:
‘‘SEC. 39. PROTECTION OF CONSTITUTIONAL RIGHTS OF
CONTRACTORS.
‘‘(a) PROHIBITION.—A contractor may not be re-
quired, as a condition for entering into a contract with
the Federal Government, to waive any right under the
Constitution for any purpose related to Chemical Weapons
Convention Implementation Act of 1997 or the Chemical
Weapons Convention (as defined in section 203 of such
Act.)
‘‘(b) CONSTRUCTION.—Nothing in subsection (a)
shall be construed to prohibit an executive agency from
including in a contract a clause that requires the contrac-
tor to permit inspections for the purpose of ensuring that
the contractor is performing the contract in accordance
with the provisions of the contract.’’.
(b) The table of contents in section 1(b) of such Act
is amended by adding at the end the following:
‘‘Sec. 39. Protection of constitutional rights of contractors.’’.
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SEC. 239. ANNUAL REPORT ON INSPECTIONS.
(a) IN GENERAL.—Not later than one year after the
date of enactment of this Act, and annually thereafter,
the President shall submit a report in classified and un-
classified form to the appropriate congressional commit-
tees on inspections made under the Convention during the
preceding year.
(b) CONTENT OF REPORTS.—Each report shall con-
tain the following information for the reporting period:
(1) The name of each company or entity subject
to the jurisdiction of the United States reporting
data pursuant to subtitle D of this title.
(2) The number of inspections under the Con-
vention conducted on the territory of the United
States.
(3) The number and identity of inspectors con-
ducting any inspection described in paragraph (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 busi-
ness firms in the course of inspections described in
paragraph (2).
(6) A description of the circumstances sur-
rounding inspections described in paragraph (2), in-
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cluding 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 inspections
under the Convention outside the United States have
been disrupted or delayed.
(c) DEFINITION.—The term ‘‘appropriate congres-
sional committees’’ means the Committee on the Judici-
ary, the Committee on Foreign Relations, and the Select
Committee on Intelligence of the Senate and the Commit-
tee on the Judiciary, the Committee on International Rela-
tions, and the Permanent Select Committee on Intel-
ligence of the House of Representatives.
SEC. 240. UNITED STATES ASSISTANCE IN INSPECTIONS AT
PRIVATE FACILITIES.
(a) ASSISTANCE
IN PREPARATION
FOR INSPEC-
TIONS.—At the request of an owner of a facility not owned
or operated by the United States Government, or con-
tracted 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 Con-
vention.
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(b) REIMBURSEMENT REQUIREMENT.—
(1) IN GENERAL.—Except as provided in para-
graph (2), the owner of a facility provided assistance
under subsection (a) shall reimburse the Secretary
for the costs incurred by the Secretary in providing
the assistance.
(2) EXCEPTION.—In the case of assistance pro-
vided under subsection (a) to a facility owned by a
person described in subsection (c), the United States
National Authority shall reimburse the Secretary for
the costs incurred by the Secretary in providing the
assistance.
(c) OWNERS COVERED
BY UNITED STATES NA-
TIONAL
AUTHORITY
REIMBURSEMENTS.—Subsection
(b)(2) applies in the case of assistance provided to the fol-
lowing:
(1) SMALL
BUSINESS
CONCERNS.—A small
business concern as defined in section 3 of the Small
Business Act.
(2) DOMESTIC PRODUCERS OF SCHEDULE 3 OR
UNSCHEDULED
DISCRETE
ORGANIC
CHEMICALS.—
Any person located in the United States that—
(A) does not possess, produce, process,
consume, import, or export any Schedule 1 or
Schedule 2 chemical; and
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(B) in the calendar year preceding the year
in which the assistance is to be provided, pro-
duced—
(i) more than 30 metric tons of
Schedule 3 or unscheduled discrete organic
chemicals that contain phosphorous, sulfur,
or fluorine; or
(ii) more than 200 metric tons of un-
scheduled discrete organic chemicals.
Subtitle D—Reports
SEC. 251. REPORTS REQUIRED BY THE UNITED STATES NA-
TIONAL AUTHORITY.
(a) REGULATIONS ON RECORDKEEPING.—
(1) REQUIREMENTS.—The United States Na-
tional Authority shall ensure that regulations are
prescribed that require each person located in the
United States who produces, processes, consumes,
exports, or imports, or proposes to produce, process,
consume, 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 substance;
and
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(B) submit to the Director of the United
States National Authority such reports as the
United States National Authority may reason-
ably require to provide to the Organization,
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 Organi-
zation of its responsibilities under the Conven-
tion.
(2) RULEMAKING.—The Director of the United
States National Authority shall ensure that regula-
tions pursuant to this section are prescribed expedi-
tiously.
(b) COORDINATION.—
(1) AVOIDANCE OF DUPLICATION.—To the ex-
tent feasible, the United States Government shall
not require the submission of any report that is un-
necessary or duplicative 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 title or any other law.
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(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, Unit-
ed States Code.
SEC. 252. PROHIBITION RELATING TO LOW CONCENTRA-
TIONS OF SCHEDULE 2 AND 3 CHEMICALS.
(a) PROHIBITION.—Notwithstanding any other provi-
sion of this title, no person located in the United States
shall be required to report on, or to submit to, any routine
inspection conducted for the purpose of verifying the pro-
duction, possession, consumption, exportation, importa-
tion, or proposed 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 CONCENTRA-
TION.—The percent concentration of a chemical in a sub-
stance shall be measured on the basis of volume or total
weight, which measurement yields the lesser percent.
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SEC. 253. PROHIBITION RELATING TO UNSCHEDULED DIS-
CRETE ORGANIC CHEMICALS AND COINCI-
DENTAL BYPRODUCTS IN WASTE STREAMS.
(a) PROHIBITION.—Notwithstanding any other provi-
sion of this title, no person located in the United States
shall be required to report on, or to submit to, any routine
inspection conducted for the purpose of verifying the pro-
duction, possession, consumption, exportation, importa-
tion, or proposed production, possession, consumption, ex-
portation, or importation of any substance that is—
(1) an unscheduled discrete organic chemical;
and
(2) a coincidental byproduct of a manufacturing
or production process that is not isolated or cap-
tured for use or sale during the process and is rout-
ed to, or escapes, from the waste stream of a stack,
incinerator, or wastewater treatment system or any
other waste stream.
SEC. 254. 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 213(g), reported to, or
otherwise acquired by, the United States Government
under this title or under the Convention shall not be dis-
closed under section 552(a) of title 5, United States Code.
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(b) EXCEPTIONS.—
(1) INFORMATION FOR THE TECHNICAL SEC-
RETARIAT.—Information shall be disclosed or other-
wise 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 Con-
fidential Information.
(2) INFORMATION
FOR
CONGRESS.—Informa-
tion shall be made available to any committee or
subcommittee of Congress with appropriate jurisdic-
tion upon the written request of the chairman or
ranking minority member of such committee or sub-
committee, except that no such committee or sub-
committee, and no member and no staff member of
such committee or subcommittee, shall disclose such
information or material except as otherwise required
or authorized by law.
(3) INFORMATION
FOR
ENFORCEMENT
AC-
TIONS.—Information shall be disclosed to other Fed-
eral agencies for enforcement of this title or any
other law, and shall be disclosed or otherwise pro-
vided when relevant in any proceeding under this
title or any other law, except that disclosure or pro-
vision in such a proceeding shall be made in such
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manner as to preserve confidentiality to the extent
practicable without impairing the proceeding.
(c) INFORMATION DISCLOSED IN THE NATIONAL IN-
TEREST.—
(1) AUTHORITY.—The United States Govern-
ment shall disclose any information reported to, or
otherwise required by the United States Government
under this title or the Convention, including cat-
egories of such information, that it determines is in
the national interest to disclose 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 otherwise provide information ex-
empt from disclosure under subsection (a), the
United States National Authority shall, unless
contrary to national security or law enforcement
needs, provide notice of intent to disclose the
information—
(i) to the person that submitted such
information; and
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(ii) in the case of information about a
person received from another source, to the
person to whom that information pertains.
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 informa-
tion pertains objects to the disclosure, the agen-
cy shall promptly review the grounds for each
objection of the person and shall afford the ob-
jecting person a hearing for the purpose of pre-
senting the objections to the disclosure. Not
later than 10 days before the scheduled or re-
scheduled date for the disclosure, the United
States National Authority shall notify such per-
son regarding whether such disclosure will
occur notwithstanding the objections.
(d) CRIMINAL PENALTY FOR WRONGFUL DISCLO-
SURE.—Any officer or employee of the United States, and
any former officer or employee of the United States, who
by reason of such employment or official position has ob-
tained possession of, or has access to, information the dis-
closure or other provision of which is prohibited by sub-
section (a), and who, knowing that disclosure or provision
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of such information is prohibited by such subsection, will-
fully discloses or otherwise provides the information in any
manner to any person (including any person located out-
side the territory of the United States) not authorized to
receive it, shall be fined under title 18, United States
Code, or imprisoned for not more than five years, or both.
(e) CRIMINAL FORFEITURE.—The property of any
person who violates subsection (d) shall be subject to for-
feiture to the United States in the same manner and to
the same extent as is provided in section 229C of title
18, United States Code, as added by this title.
(f) INTERNATIONAL INSPECTORS.—The provisions of
this section shall also apply to employees of the Technical
Secretariat.
SEC. 255. RECORDKEEPING VIOLATIONS.
It shall be unlawful for any person willfully to fail
or refuse—
(1) to establish or maintain any record required
by this title or any regulation prescribed under this
title;
(2) to submit any report, notice, or other infor-
mation to the United States Government in accord-
ance with this title or any regulation prescribed
under this title; or
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(3) to permit access to or copying of any record
that is exempt from disclosure under this title or
any regulation prescribed under this title.
Subtitle E—Enforcement
SEC. 261. PENALTIES.
(a) CIVIL.—
(1) PENALTY AMOUNTS.—
(A) PROHIBITED ACTS RELATING TO IN-
SPECTIONS.—Any person that is determined, in
accordance with paragraph (2), to have violated
section 236 of this Act shall be required by
order to pay a civil penalty in an amount not
to exceed $25,000 for each such violation. For
purposes of this paragraph, each day such a
violation of section 306 continues shall con-
stitute a separate violation of that section.
(B) RECORDKEEPING
VIOLATIONS.—Any
person that is determined, in accordance with
paragraph (2), to have violated section 255 of
this Act shall be required by order to pay a civil
penalty in an amount not to exceed $5,000 for
each such violation.
(2) HEARING.—
(A) IN
GENERAL.—Before imposing an
order described in paragraph (1) against a per-
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son under this subsection for a violation of sec-
tion 236 or 255, the Secretary of State shall
provide the person or entity with notice and,
upon request made within 15 days of the date
of the notice, a hearing respecting the violation.
(B) CONDUCT OF HEARING.—Any hearing
so requested shall be conducted before an ad-
ministrative law judge. The hearing shall be
conducted in accordance with the requirements
of section 554 of title 5, United States Code. If
no hearing is so requested, the Secretary of
State’s imposition of the order shall constitute
a final and unappealable order.
(C) ISSUANCE OF ORDERS.—If the admin-
istrative law judge determines, upon the pre-
ponderance of the evidence received, that a per-
son or entity named in the complaint has vio-
lated section 236 or 255, the administrative law
judge shall state his findings of fact and issue
and cause to be served on such person or entity
an order described in paragraph (1).
(D) FACTORS
FOR
DETERMINATION
OF
PENALTY
AMOUNTS.—In 
determining 
the
amount of any civil penalty, the administrative
law judge shall take into account the nature,
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circumstances, extent, and gravity of the viola-
tion or violations and, with respect to the viola-
tor, the ability to pay, effect on ability to con-
tinue to do business, any history of prior such
violations, the degree of culpability, the exist-
ence of an internal compliance program, and
such other matters as justice may require.
(3) ADMINISTRATIVE
APPELLATE
REVIEW.—
The decision and order of an administrative law
judge shall become the final agency decision and
order of the head of the United States National Au-
thority unless, within 30 days, the head of the Unit-
ed States National Authority modifies or vacates the
decision and order, with or without conditions, in
which case the decision and order of the head of the
United States National Authority shall become a
final order under this subsection.
(4) OFFSETS.—The amount of the civil penalty
under a final order of the United States National
Authority may be deducted from any sums owed by
the United States to the person.
(5) JUDICIAL REVIEW.—A person adversely af-
fected by a final order respecting an assessment
may, within 30 days after the date the final order
is issued, file a petition in the Court of Appeals for
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the District of Columbia Circuit or for any other cir-
cuit in which the person resides or transacts busi-
ness.
(6) ENFORCEMENT OF ORDERS.—If a person
fails to comply with a final order issued under this
subsection against the person or entity—
(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 (5), or
(B) after a court in an action brought
under paragraph (5) has entered a final judg-
ment in favor of the United States National
Authority,
the Secretary of State shall file a suit to seek com-
pliance with the order in any appropriate district
court of the United States, plus interest at currently
prevailing rates calculated from the date of expira-
tion of the 30-day period referred to in paragraph
(5) or the date of such final judgment, as the case
may be. In any such suit, the validity and appro-
priateness of the final order shall not be subject to
review.
(b) CRIMINAL.—Any person who knowingly violates
any provision of section 236 or 255 of this Act, shall, in