H. R. 2709
One Hundred Fifth Congress
of the
United States of America
AT THE SECOND SESSION
Begun and held at the City of Washington on Tuesday,
the twenty-seventh day of January, one thousand nine hundred and ninety-eight
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 obligations of the United States under the Chemical Weapons Convention.
Be it enacted by the Senate and House of Representatives 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 Proliferation
Sanctions Act of 1998’’.
SEC. 102. REPORTS ON MISSILE PROLIFERATION TO IRAN.
(a) REPORTS.—Except as provided in subsection (c), the Presi-
dent shall, at the times specified in subsection (b), submit to the
Committee on International Relations of the House of Representa-
tives and the Committee on Foreign Relations of the Senate a
report identifying every foreign person with respect to whom there
is credible information indicating that that person, on or after
January 22, 1998—
(1)(A) transferred items on the MTCR Annex, or items
that the United States proposes for addition to the MTCR
Annex, that contributed to Iran’s efforts to acquire, develop,
or produce ballistic missiles; or
(B) provided technical assistance or facilities which the
President deems to be of concern because of their direct con-
tribution to Iran’s efforts to acquire, develop, or produce ballistic
missiles; or
(2)(A) attempted 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) 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 subsection (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.
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(c) EXCEPTIONS.—Any foreign person who—
(1) was identified in a previous report submitted 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;
(3) may have engaged in a transfer or transaction, 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 submitted under that
section; and
(B) any foreign person identified under subsection
(a)(2) of section 102 in a report submitted under that
section, if that person has been identified in that report
or a previous report 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 section 102(b)
for submitting the report, if the report triggering the sanc-
tion 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 submitted more than 30
days after the date required by section 102(b).
(b) DESCRIPTION OF SANCTIONS.—The sanctions referred to in
subsection (a) that are to be imposed on a foreign person described
in that subsection are the following:
(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 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 Administra-
tion Act of 1979 shall be used to prohibit the export to that
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person of any goods or technology on the control list established
under section 5(c)(1) of that Act.
(3) UNITED STATES ASSISTANCE.—For a period of not less
than 2 years, the United States Government 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 imposition 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 Representatives and the Committee on Foreign Relations of the
Senate that, on the basis of information provided by that person,
or otherwise obtained by the President, the President is persuaded
that the person did not, on or after January 22, 1998—
(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 efforts to acquire, develop, or produce
ballistic missiles; or
(B) provide technical assistance or facilities which the
President deems to be of concern because of their direct con-
tribution to Iran’s efforts to acquire, 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 facilities
described in paragraph (1)(B).
(b) WRITTEN JUSTIFICATION.—The determination and report of
the President under subsection (a) shall include a written justifica-
tion 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 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 written justification under
subsection (b), or appropriate parts thereof, may be submitted in
classified form.
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SEC. 105. WAIVER ON BASIS OF NATIONAL SECURITY.
(a) IN GENERAL.—The President may waive the imposition 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 Representatives and the Committee on Foreign Relations of the
Senate 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 include a written justifica-
tion 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 written justification under
subsection (b), or appropriate parts thereof, may be submitted in
classified form.
SEC. 106. ADDITIONAL INFORMATION REGARDING ACTIONS BY
GOVERNMENT OF PRIMARY JURISDICTION.
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 government of pri-
mary jurisdiction over that person was aware of the activities
that were the basis for the identification of that person in
the report.
(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 description of the efforts, if any,
undertaken by that government to prevent those activities,
and an assessment of the effectiveness of those efforts, including
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 Russia and Emerging Eurasian
Democracies and Open Markets 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 material and delivery systems;
and
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(2) to prevent the transfer to Iran of scientific and technical
expertise with respect to such weapons-related material and
delivery systems.
(b) AVAILABILITY OF AMOUNTS.—Amounts hereafter made avail-
able, subject to the availability of appropriations, to carry out chap-
ter 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 Soviet 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 nongovernmental entity,
organization, or group, that is organized under the laws
of a foreign country or has its principal place of business
in a foreign country;
(C) any foreign governmental entity operating as a
business enterprise; and
(D) any successor or subsidiary of any entity described
in subparagraph (B) or (C);
(2) the term ‘‘government of primary jurisdiction’’ means—
(A) in the case of a natural person, the foreign govern-
ment 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 foreign government under whose laws that entity
is organized; and
(C) in the case of a foreign governmental entity
described in subparagraph (C) of paragraph (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)).
TITLE II—CHEMICAL WEAPONS
CONVENTION IMPLEMENTATION
SEC. 201. SHORT TITLE.
This title may be cited as the ‘‘Chemical Weapons Convention
Implementation Act of 1998’’.
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.
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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 chemicals.
Sec. 253. Prohibition relating to unscheduled discrete organic chemicals and coinci-
dental byproducts in waste streams.
Sec. 254. Confidentiality of information.
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 prohibited under this title as
long as the type and quantity is consistent with such
a purpose.
(B) A munition or device, specifically designed to cause
death or other harm through toxic properties of those toxic
chemicals specified in subparagraph (A), which would be
released as a result of the employment of such munition
or device.
(C) Any equipment specifically designed for use directly
in connection with the employment of munitions or devices
specified in subparagraph (B).
(2) CHEMICAL
WEAPONS
CONVENTION; CONVENTION.—The
terms ‘‘Chemical Weapons Convention’’ and ‘‘Convention’’ mean
the Convention on the Prohibition of the Development, Produc-
tion, Stockpiling and Use of Chemical Weapons and on Their
Destruction, opened for signature on January 13, 1993.
(3) KEY
COMPONENT
OF
A
BINARY
OR
MULTICOMPONENT
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 prop-
erties of the final product and reacts rapidly with other chemi-
cals in the binary or multicomponent system.
H. R. 2709—7
(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 pro-
vided, means any individual, corporation, partnership, firm,
association, trust, estate, public or private institution, any State
or any political subdivision thereof, or any political entity within
a State, any foreign government or nation or any agency,
instrumentality or political subdivision of any such government
or nation, or other entity located in the United States.
(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 multi-
component 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 con-
tained in the Annex on Chemicals of the Chemical Weapons
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.
(B) PROTECTIVE
PURPOSES.—Any purpose directly
related to protection against toxic chemicals and to protec-
tion against chemical weapons.
(C) UNRELATED MILITARY PURPOSES.—Any military pur-
pose 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 chemical
weapon to cause death or other harm.
(D) LAW ENFORCEMENT PURPOSES.—Any law enforce-
ment purpose, including any domestic riot control purpose
and including imposition of capital punishment.
(9) 
TECHNICAL
SECRETARIAT.—The 
term 
‘‘Technical
Secretariat’’ means the Technical Secretariat of the Organiza-
tion for the Prohibition of Chemical Weapons established by
the Chemical Weapons Convention.
(10) SCHEDULE 1 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
(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
H. R. 2709—8
(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
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
(Me, Et, n-Pr or i-Pr)-aminoethyl alkyl
(Me, Et, n-Pr or i-Pr) phosphonites and correspond-
ing alkylated or protonated salts
e.g. 
QL: 
O-Ethyl 
O-2-diisopropylaminoethyl
methylphosphonite.
(K) 
Chlorosarin: 
O-Isopropyl 
methylphosphono-
chloridate.
(L) 
Chlorosoman: 
O-Pinacolyl 
methylphosphono-
chloridate.
(11) SCHEDULE 2 CHEMICAL AGENT.—The term ‘‘Schedule
2 chemical agent’’ means any of the following, 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 (normal or iso) group but not further
carbon atoms,
e.g. 
Methylphosphonyl 
dichloride 
Dimethyl
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.
H. R. 2709—9
(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 cor-
responding protonated salts N,N-Diethylaminoethanol
and corresponding protonated salts.
(L) N,N-Dialkyl (Me, Et, n-Pr or i-Pr) aminoethane-
2-thiols and corresponding protonated salts.
(M) Thiodiglycol: Bis(2-hydroxyethyl)sulfide.
(N) Pinacolyl alcohol: 3,3-Dimethylbutane-2-ol.
(12) SCHEDULE 3 CHEMICAL AGENT.—The term ‘‘Schedule
3 chemical agent’’ means any of the following, together or
separately:
(A) Phosgene: carbonyl dichloride.
(B) Cyanogen chloride.
(C) Hydrogen cyanide.
(D) Chloropicrin: trichloronitromethane.
(E) Phosphorous oxychloride.
(F) Phosphorous trichloride.
(G) Phosphorous pentachloride.
(H) Trimethyl phosphite.
(I) Triethyl phosphite.
(J) Dimethyl phosphite.
(K) Diethyl phosphite.
(L) Sulfur monochloride.
(M) Sulfur dichloride.
(N) Thionyl chloride.
(O) Ethyldiethanolamine.
(P) Methyldiethanolamine.
(Q) Triethanolamine.
(13) TOXIC CHEMICAL.—
(A) IN
GENERAL.—The term ‘‘toxic chemical’’ means
any chemical which through its chemical action on life
processes can cause death, temporary incapacitation or
permanent harm to humans or animals. 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 munitions or elsewhere.
(B) LIST OF TOXIC CHEMICALS.—Toxic chemicals which
have been identified for the application of verification meas-
ures under Article VI of the Convention are listed in sched-
ules 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 commonwealths, 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 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
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(37), respectively, of section 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 Maritime Drug Law Enforce-
ment Act (46 U.S.C. App. 1903(b)).
(15) UNSCHEDULED
DISCRETE
ORGANIC
CHEMICAL.—The
term ‘‘unscheduled discrete organic chemical’’ means any chemi-
cal not listed on any schedule contained in the Annex on
Chemicals of the Convention that belongs to the class of chemi-
cal 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 AUTHORITY.
(a) DESIGNATION.—Pursuant to paragraph 4 of Article VII of
the Chemical Weapons Convention, the President shall designate
the Department of State to be the United States National Authority.
(b) PURPOSES.—The United States National Authority 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 coordination
with an interagency group designated by the President
consisting of the Secretary of Commerce, Secretary of Defense,
Secretary of Energy, the Attorney General, and the heads of
agencies considered 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 administrative
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 imple-
ment 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 Conven-
tion. The Director of the United States National Authority shall
report to the Congress on the regulations that have been issued,
implemented, or revised pursuant to this section.
SEC. 212. NO ABRIDGEMENT OF CONSTITUTIONAL RIGHTS.
No person may be required, as a condition for entering into
a contract with the United States or as a condition for receiving
any benefit from the United States, to waive any right under
the Constitution for any purpose related to this title or the Conven-
tion.
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 reason of the
action of any officer or employee of the Organization for
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the Prohibition of Chemical Weapons, including any mem-
ber of an inspection team of the Technical Secretariat,
or by reason of the action of any officer or employee of
the United States pursuant to this title or the Convention.
For purposes of this 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 notification 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 GOVERNMENT TO SEEK
REMEDIES.—During the period between 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
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 Technical Secretariat taken under the color of the Conven-
tion, 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 information;
(C) the extent to which the proprietary information
is based on patents, trade secrets, or other protected
intellectual property;
(D) the significance of proprietary information; 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 actions for money damages
for any tort under the Constitution 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 pursuant
to or under color of the Convention or this title.
H. R. 2709—12
(c) WAIVER OF SOVEREIGN IMMUNITY OF THE UNITED 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 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 inspector of the Technical Secretariat who
is a national of that foreign nation acting at the direction
or the behest of that foreign nation.
(2) UNITED STATES ACTIONS IN COURTS OUTSIDE THE UNITED
STATES.—The Attorney General is authorized to seek any and
all available redress in any international tribunal for indem-
nification to the United States for any liability imposed on
the United 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 United 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, 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 officer
or employee of the United States or any member of an inspec-
tion team of the Technical Secretariat taken pursuant to or
under the color of the Convention 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 Organization,
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 employee of the
Organization, including any member of an inspection
team of the Technical 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 entity organized
and operating under the laws of a foreign nation which
knowingly assisted, encouraged or induced, in any way,
H. R. 2709—13
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
Munitions List and shall terminate sales of any defense
articles, defense services, or design and construction
services to a person described in subparagraph (A)
under the Arms Export Control Act.
(ii) SANCTIONS UNDER EXPORT ADMINISTRATION ACT
OF 1979.—The authorities under section 6 of the Export
Administration Act of 1979 shall be used to prohibit
the export of any goods or technology on the control
list established pursuant to section 5(c)(1) of that Act
to a person described in subparagraph (A).
(iii) INTERNATIONAL FINANCIAL ASSISTANCE.—The
United States shall oppose any loan or financial or
technical assistance by international financial institu-
tions in accordance with section 701 of the Inter-
national Financial Institutions Act to a person
described in subparagraph (A).
(iv) EXPORT-IMPORT
BANK
TRANSACTIONS.—The
United States shall not give approval to guarantee,
insure, or extend credit, or to participate in the exten-
sion of credit to a person described in subparagraph
(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 or providing any credit to a
person described 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 subparagraph
(A) has any interest whatsoever, for the purpose of
recouping funds in accordance with the policy in para-
graph (1).
(vii) DENIAL OF LANDING RIGHTS.—Landing rights
in the United States shall be denied to any private
aircraft or air carrier owned by a person described
in subparagraph (A) except as necessary to provide
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.—Whenever the Presi-
dent determines that persuasive information is available
indicating that a foreign country has knowingly assisted,
encouraged or induced, in any way, a person described
in paragraph (2)(A) 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, the President shall, within 30 days after the
receipt of such information by the executive branch of
H. R. 2709—14
Government, notify the Congress in writing of such deter-
mination and, subject to the requirements of paragraphs
(4) and (5), impose 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 to a country described
in subparagraph (A) any item on the United States
Munitions List, shall terminate sales of any defense
articles, defense services, or design and construction
services to that country under the Arms Export Control
Act, and shall terminate all foreign military financing
for that country under the Arms Export Control Act.
(ii) DENIAL OF CERTAIN LICENSES.—Licenses shall
not be issued for the export to the sanctioned country
of any item on the United States Munitions List or
commercial satellites.
(iii) DENIAL
OF
ASSISTANCE.—No appropriated
funds may be used for the purpose of providing eco-
nomic assistance, providing military assistance or
grant military education and training, or extending
military credits or making guarantees to a country
described in subparagraph (A).
(iv) SANCTIONS UNDER EXPORT ADMINISTRATION ACT
OF 1979.—The authorities of section 6 of the Export
Administration Act of 1979 shall be used to prohibit
the export of any goods or technology on the control
list established pursuant to section 5(c)(1) of that Act
to a country described in subparagraph (A).
(v) INTERNATIONAL
FINANCIAL
ASSISTANCE.—The
United States shall oppose any loan or financial or
technical assistance by international financial institu-
tions in accordance with section 701 of the Inter-
national Financial Institutions Act to a country
described in subparagraph (A).
(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 Assistance Act
of 1961, except for urgent humanitarian 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
TRANSACTIONS.—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),
except as necessary to provide for emergencies 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
H. R. 2709—15
be suspended if the sanctioned person, business entity, or coun-
try, within 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 pursuant to this title.
(5) WAIVER OF SANCTIONS ON FOREIGN COUNTRIES.—The
President may waive some or all of the sanctions provided
under paragraph (3) in a particular case if he determines and
certifies in writing to the Speaker of the House of Representa-
tives and the Committee on Foreign Relations of the Senate
that such waiver is necessary to protect the national security
interests of the United States. The certification shall set forth
the reasons supporting the determination and shall take effect
on the date on which the certification is received by the
Congress.
(6) NOTIFICATION TO CONGRESS.—Not later than five days
after sanctions become effective against a foreign person pursu-
ant to this title, the President shall transmit written notifica-
tion of the imposition of sanctions against that foreign person
to the chairmen and ranking members of the Committee on
International Relations of the House of Representatives and
the Committee on Foreign Relations of the Senate.
(f) SANCTIONS
FOR UNAUTHORIZED DISCLOSURE
OF UNITED
STATES CONFIDENTIAL BUSINESS INFORMATION.—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 employee of
the Organization and who has willfully published, divulged,
disclosed, or made known in any manner or to any extent
not authorized by the Convention any United States confiden-
tial business information coming to him in the course of his
employment or official duties, or by reason of any examination
or investigation of any return, report, or record made to or
filed with the Organization, or any officer or employee thereof,
such practice or disclosure having resulted in financial loses
or damages 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 business informa-
tion, 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 United States confidential busi-
ness information, a proven claim to which is owned by a United
States national; or
(4) is a spouse, minor child, or agent of a person excludable
under paragraph (1), (2), or (3).
(g) UNITED
STATES
CONFIDENTIAL
BUSINESS
INFORMATION
DEFINED.—In this section, the term ‘‘United States confidential
business information’’ means any trade secrets or commercial or
financial information that is privileged and confidential—
(1) including—
(A) data described in section 234(e)(2) of this Act;
H. R. 2709—16
(B) any chemical structure;
(C) any plant design process, technology, or operating
method;
(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 territory under the Conven-
tion.
Subtitle B—Penalties for Unlawful Activi-
ties Subject to the Jurisdiction 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 following 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.
‘‘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 knowingly—
‘‘(1) to develop, produce, otherwise acquire, transfer directly
or indirectly, receive, stockpile, retain, 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, transfer, or receipt of a chemi-
cal weapon by a department, agency, or other entity of the
United States, or by a person described in paragraph (2), pend-
ing destruction of the weapon.
‘‘(2) EXEMPTED PERSONS.—A person referred to in para-
graph (1) is—
‘‘(A) any person, including a member of the Armed
Forces of the United States, who is authorized by law
H. R. 2709—17
or by an appropriate officer of the United States to retain,
own, possess, transfer, or receive the chemical weapon;
or
‘‘(B) in an emergency situation, any otherwise noncul-
pable person if the person is attempting to destroy or
seize the weapon.
‘‘(c) JURISDICTION.—Conduct prohibited by subsection (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 United 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.
‘‘(2) DEATH PENALTY.—Any person who violates 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 statutory, 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 incurred by the United States
incident to the seizure, storage, 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 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 person, if any, who is
ordered under this subsection to reimburse the United States for
the same expenses.
‘‘§ 229B. Criminal forfeitures; destruction of weapons
‘‘(a) PROPERTY SUBJECT TO CRIMINAL FORFEITURE.—Any person
convicted under section 229A(a) shall forfeit to the United States
irrespective of any provision of State law—
H. R. 2709—18
‘‘(1) any property, real or personal, owned, possessed, or
used by a person involved in the offense;
‘‘(2) any property constituting, or derived from, and pro-
ceeds the person obtained, directly or indirectly, 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 defendant who derived profits or other proceeds from
an offense may be fined not more than twice the gross profits
or other proceeds.
‘‘(b) PROCEDURES.—
‘‘(1) IN GENERAL.—Property subject to forfeiture under this
section, any seizure and disposition thereof, and any adminis-
trative or judicial proceeding in relation thereto, shall be gov-
erned 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 sub-
sections 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 temporary restraining
order may be entered upon application of the United States
without notice or opportunity for a hearing when informa-
tion or an indictment has not yet been filed with respect
to the property, if, in addition to the circumstances
described in section 413(e)(2) of the Comprehensive Drug
Abuse Prevention and Control Act of 1970 (21 U.S.C.
853(e)(2)), the United States demonstrates that there is
probable cause to believe that the property with respect
to which the order is sought would, in the event of convic-
tion, 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 tem-
porary restraining order under this paragraph, it shall
also issue a warrant authorizing the seizure of such prop-
erty.
‘‘(C) APPLICABLE
PROCEDURES.—The procedures and
time limits applicable to temporary 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 restraining
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
‘‘(2) is of a type and quantity that under the circumstances
is consistent with that purpose.
H. R. 2709—19
‘‘(d) DESTRUCTION OR OTHER DISPOSITION.—The Attorney Gen-
eral shall provide for the destruction or other appropriate disposi-
tion of any chemical weapon seized and forfeited pursuant to this
section.
‘‘(e) ASSISTANCE.—The Attorney General may request 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 handling, storage, transportation, and
destruction or other disposition of the seized property.
‘‘§ 229C. Individual self-defense devices
‘‘Nothing in this chapter shall be construed to prohibit 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
‘‘(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 prohibi-
tion 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 emergency situation involving a
chemical weapon. The authority to make such a request may be
exercised by another official of the Department of Justice in accord-
ance with section 382(f)(2) of title 10, United States Code.
‘‘§ 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 prohibited under this chapter
as long as the type and quantity is consistent with such
a purpose.
‘‘(B) A munition or device, specifically designed to cause
death or other harm through toxic properties of those toxic
chemicals specified in subparagraph (A), which would be
released as a result of the employment of such munition
or device.
‘‘(C) Any equipment specifically designed for use
directly in connection with the employment of munitions
or devices specified in subparagraph (B).
‘‘(2) CHEMICAL WEAPONS CONVENTION; CONVENTION.—The
terms ‘Chemical Weapons Convention’ and ‘Convention’ mean
H. R. 2709—20
the Convention on the Prohibition of the Development, Produc-
tion, Stockpiling and Use of Chemical Weapons and on Their
Destruction, opened for signature on January 13, 1993.
‘‘(3) KEY COMPONENT OF A BINARY OR MULTICOMPONENT
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 prop-
erties of the final product and reacts rapidly with other chemi-
cals 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) PERSON.—The term ‘person’, except as otherwise pro-
vided, means any individual, corporation, partnership, firm,
association, trust, estate, public or private institution, any State
or any political subdivision thereof, or any political entity within
a State, any foreign government or nation or any agency,
instrumentality or political subdivision of any such government
or nation, or other entity located in the United States.
‘‘(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 multi-
component 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 con-
tained in the Annex on Chemicals of the Chemical Weapons
Convention.
‘‘(7) PURPOSES
NOT
PROHIBITED
BY
THIS
CHAPTER.—The
term ‘purposes not prohibited by this chapter’ means the
following:
‘‘(A) PEACEFUL
PURPOSES.—Any peaceful purpose
related to an industrial, agricultural, research, medical,
or pharmaceutical activity or other activity.
‘‘(B) PROTECTIVE
PURPOSES.—Any purpose directly
related to protection against toxic chemicals and to protec-
tion 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
chemical weapon to cause death or other harm.
‘‘(D) LAW ENFORCEMENT PURPOSES.—Any law enforce-
ment purpose, including any domestic riot control purpose
and including imposition of capital punishment.
‘‘(8) TOXIC CHEMICAL.—
‘‘(A) IN
GENERAL.—The term ‘toxic chemical’ means
any chemical which through its chemical action on life
processes can cause death, temporary incapacitation or
permanent harm to humans or animals. 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 munitions or elsewhere.
H. R. 2709—21
‘‘(B) LIST OF TOXIC CHEMICALS.—Toxic chemicals which
have been identified for the application of verification meas-
ures under Article VI of the Convention are listed in sched-
ules 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 commonwealths, 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 provisions of para-
graph (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 section 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 Maritime Drug Law Enforce-
ment 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 weapons of mass
destruction’’ and inserting ‘‘§ 2332a. Use of certain
weapons of mass destruction’’;
(B) in subsection (a), by inserting ‘‘(other than a chemi-
cal weapon as that term is defined in section 229F)’’ after
‘‘weapon of mass destruction’’; and
(C) in subsection (b), by inserting ‘‘(other than a chemi-
cal weapon (as that term is defined in section 229F))’’
after ‘‘weapon of mass destruction’’.
(2) TABLE OF CHAPTERS.—The table of chapters 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.
(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 opportunity
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 located outside the United States,
has committed any violation of section 229 of title 18, United
States Code, the President may issue an order for the suspension
or revocation of the authority of the person to export from the
United States any goods or technology (as such terms are defined
in section 16 of the Export Administration Act of 1979 (50 U.S.C.
App. 2415)).
H. R. 2709—22
Subtitle C—Inspections
SEC. 231. DEFINITIONS IN THIS SUBTITLE.
(a) IN GENERAL.—In this subtitle, the terms ‘‘challenge inspec-
tion’’, ‘‘plant site’’, ‘‘plant’’, ‘‘facility agreement’’, ‘‘inspection team’’,
and ‘‘requesting state party’’ have the meanings given those terms
in Part I of the Annex on Implementation and Verification of
the Chemical Weapons Convention. The term ‘‘routine inspection’’
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 Tech-
nical Secretariat of plants, plant sites, or other facilities or locations
for which the United States has a facility agreement with the
Organization shall be conducted in accordance with the facility
agreement. Any such facility agreement may not in any way limit
the right of the owner or operator of the facility to withhold consent
to an inspection request.
(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 inspec-
tion pursuant to paragraph 4 of Article VI of the Convention
are concluded unless the owner, operator, occupant, or agent
in charge of the facility and the Technical Secretariat agree
that such an agreement is not necessary.
(2) SCHEDULE
THREE
FACILITIES.—The United States
National Authority shall ensure that facility agreements are
concluded for plants, plant sites, or other facilities or locations
that are subject to inspection pursuant to paragraph 5 or 6
of Article VI of the Convention if so requested by the owner,
operator, occupant, or agent in charge of the facility.
(c) NOTIFICATION REQUIREMENTS.—The United States National
Authority shall ensure that the owner, operator, occupant, or agent
in charge of a facility prior to the development of the agreement
relating to that facility is notified and, if the person notified so
requests, the person may participate in the preparations for the
negotiation of such an agreement. To the maximum extent prac-
ticable consistent with the Convention, the owner and the operator,
occupant or agent in charge of a facility may observe negotiations
of the agreement between the United States and the Organization
concerning that facility.
(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 inspec-
tion to the owner, occupant, operator, or agent in charge of
a facility;
(3) describe the timeframes for inspections; and
(4) detail the areas, equipment, computers, records, data,
and samples that are not subject to inspection.
H. R. 2709—23
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 inspection team of the Technical
Secretariat may inspect any plant, plant site, or other facility
or location in the United States subject to inspection pursuant
to the Convention.
(2) UNITED STATES GOVERNMENT REPRESENTATIVES.—The
United States National Authority shall coordinate the designa-
tion 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 Investiga-
tion, as designated by the Federal Bureau of Investigation,
accompanies each inspection team visit pursuant to para-
graph (1);
(B) no employee of the Environmental Protection
Agency or the Occupational Safety and Health Administra-
tion accompanies any inspection team visit conducted
pursuant to paragraph (1); and
(C) the number of duly designated representatives shall
be kept to the minimum necessary.
(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 serving 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 attempted or conspired to engage
in, or aided or abetted in the commission of, any terror-
ist act or activity;
(ii) such individual has committed any act or activ-
ity which would be a felony under the laws of the
United States; or
(iii) the participation of such individual as a mem-
ber 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 accordance with this section and
section 235, except where other procedures are provided in a facility
agreement entered into under section 232.
(b) NOTICE.—
H. R. 2709—24
(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 National Authority to the owner
and to the operator, occupant, or agent in charge of the premises
to be inspected.
(2) TIME OF NOTIFICATION.—The notice for a routine inspec-
tion 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 determined
by the United States National Authority. Notices 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 paragraph (1) shall
include all appropriate information supplied by the Tech-
nical Secretariat to the United States National Authority
concerning—
(i) the type of inspection;
(ii) the basis for the selection of the plant, plant
site, or other facility or location for the type of inspec-
tion sought;
(iii) the time and date that the inspection will
begin and the period covered by the inspection; and
(iv) the names and titles of the inspectors.
(B) SPECIAL
RULE
FOR
CHALLENGE
INSPECTIONS.—In
the case of a challenge inspection pursuant to Article IX
of the Convention, the notice shall also include all appro-
priate evidence or reasons provided by the requesting state
party to the Convention for seeking the inspection.
(4) SEPARATE NOTICES REQUIRED.—A separate notice shall
be provided for each inspection, except 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 Tech-
nical Secretariat and the accompanying employees of the Federal
Government shall display appropriate identifying credentials to the
owner, operator, occupant, or agent in charge of the premises before
the inspection is commenced.
(d) TIMEFRAME FOR INSPECTIONS.—Consistent with the provi-
sions of the Convention, each inspection shall be commenced and
completed with reasonable promptness and shall be conducted at
reasonable times, within reasonable limits, and in a reasonable
manner.
(e) SCOPE.—
(1) IN GENERAL.—Except as provided in a warrant issued
under section 235 or a facility agreement 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 Convention, no
inspection under this subtitle shall extend to—
(A) financial data;
H. R. 2709—25
(B) sales and marketing data (other than shipment
data);
(C) pricing data;
(D) personnel data;
(E) research data;
(F) patent data;
(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 inspection 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 sam-
ple shall be taken by representatives of the premises or the
inspection team or other individuals present. No sample col-
lected 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 carrying out their
activities, members of the inspection team of the Technical
Secretariat and representatives of agencies or departments
accompanying the inspection team shall observe safety regula-
tions established at the premises to be inspected, including
those for protection of controlled environments within a facility
and for personal safety.
(g) COORDINATION.—The appropriate representatives 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 Secretariat.
SEC. 235. WARRANTS.
(a) IN GENERAL.—The United States Government shall seek
the consent of the owner or the operator, occupant, 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 inspection. 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
notification pursuant to subsection (b), the United States Govern-
ment 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 otherwise requested by the United
States Government.
(b) ROUTINE INSPECTIONS.—
(1) OBTAINING
ADMINISTRATIVE
SEARCH
WARRANTS.—For
any routine inspection conducted on the territory of the United
States pursuant to Article 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 Government shall provide
to the judge of the United States all appropriate information
supplied by the Technical Secretariat to the United States
H. R. 2709—26
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 Government shall also
provide any other appropriate information available to it relat-
ing to the reasonableness of the selection of the plant, plant
site, or other facility or location for the inspection.
(2) CONTENT OF AFFIDAVITS FOR ADMINISTRATIVE 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;
(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 Convention;
(C) the purpose of the inspection is—
(i) in the case of any facility owned or operated
by a non-Government entity related to Schedule 1
chemical agents, to verify that the facility is not used
to produce any Schedule 1 chemical agent except for
declared chemicals; quantities of Schedule 1 chemicals
produced, 
processed, 
or 
consumed 
are 
correctly
declared and consistent with needs for the declared
purpose; and Schedule 1 chemicals are not diverted
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 obligations under the Convention and
consistent with the information provided in data dec-
larations; and
(iii) in the case of any facility related to Schedule
3 chemical agents and any other chemical production
facility, to verify that the activities of the facility are
consistent 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 organic chemicals,
the inspection will not cause the number of routine inspec-
tions 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 related to Schedule 1
chemical agents, the intensity, duration, timing, and
mode of the requested inspection is based on the risk
to the object and purpose of the Convention by the
quantities of chemical produced, the characteristics of
H. R. 2709—27
the facility and the nature of activities carried out
at the facility, and the requested inspection, when
considered with previous such inspections of the facility
undertaken in the current calendar year, shall not
exceed the number reasonably required based on the
risk to the object and purpose of the Convention as
described above;
(ii) in the case of any facility related to Schedule
2 chemical agents, the Technical 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 activi-
ties carried out there, taking into account the respec-
tive facility agreement as well as the results of the
initial inspections and subsequent inspections; and
(iii) in the case of any facility related to Schedule
3 chemical agents or unscheduled discrete organic
chemicals, the facility was selected randomly by the
Technical Secretariat using appropriate mechanisms,
such as specifically designed computer software, on
the basis of two weighting factors: (I) equitable geo-
graphical 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 exceed time
limits specified in the Convention unless agreed by the
owner, operator, or agent in charge of the plant.
(3) CONTENT OF WARRANTS.—A warrant issued under para-
graph (2) shall specify the same matters required of an affidavit
under that paragraph. In addition to the requirements for
a warrant issued under this paragraph, each warrant shall
contain, if known, the identities of the representatives of the
Technical Secretariat conducting the inspection and the observ-
ers of the inspection and, if applicable, the identities of the
representatives of agencies or departments of the United States
accompanying those representatives.
(4) CHALLENGE INSPECTIONS.—
(A) CRIMINAL
SEARCH
WARRANT.—For any challenge
inspection conducted on the territory of the United States
pursuant to Article IX of the Chemical Weapons Conven-
tion, 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 
United 
States
Government shall provide to the judge of the United
States—
(i) all appropriate information supplied by the
Technical Secretariat to the United States National
Authority regarding the basis for the selection of the
H. R. 2709—28
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 selection of the plant, plant
site, or other facility 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 reviewed; 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 probable cause to
believe that a violation of this title has occurred or
is occurring; and
(vi) the identities of the representatives of the
Technical Secretariat on the inspection team and the
Federal Government employees accompanying the
inspection team.
(C) 
CONTENT
OF
WARRANT.—The 
warrant 
shall
specify—
(i) the type of inspection authorized;
(ii) the purpose of the inspection;
(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, equipment, and
computers that may be inspected or seized;
(vi) samples that may be taken;
(vii) 
the 
earliest 
commencement 
and 
latest
concluding dates and times of the inspection; and
(viii) the identities of the representatives of the
Technical Secretariat on the inspection teams and the
Federal Government employees accompanying the
inspection 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 determines that the
inspection may pose a threat to the national security interests
of the United States.
SEC. 238. PROTECTION OF CONSTITUTIONAL RIGHTS OF CONTRAC-
TORS.
(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 CONTRAC-
TORS.
‘‘(a) PROHIBITION.—A contractor may not be required, as a
condition for entering into a contract with the Federal Government,
H. R. 2709—29
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 con-
strued to prohibit an executive agency from including in a contract
a clause that requires the contractor to permit inspections for
the purpose of ensuring that the contractor is performing the con-
tract 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.’’.
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 unclassified form to the appropriate
congressional committees on inspections made under the Conven-
tion during the preceding year.
(b) CONTENT
OF REPORTS.—Each report shall contain 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 Convention
conducted on the territory of the United States.
(3) The number and identity of inspectors conducting any
inspection described in paragraph (2) and the number of inspec-
tors barred from inspection by the United States.
(4) The cost to the United States for each inspection
described in paragraph (2).
(5) The total costs borne by United States business firms
in the course of inspections described in paragraph (2).
(6) A description of the circumstances surrounding inspec-
tions described in paragraph (2), including 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 congressional commit-
tees’’ means the Committee on the Judiciary, the Committee on
Foreign Relations, and the Select Committee on Intelligence of
the Senate and the Committee on the Judiciary, the Committee
on International Relations, and the Permanent Select Committee
on Intelligence of the House of Representatives.
SEC. 240. UNITED STATES ASSISTANCE IN INSPECTIONS AT PRIVATE
FACILITIES.
(a) ASSISTANCE
IN PREPARATION
FOR INSPECTIONS.—At the
request of an owner of a facility not owned or operated by the
United States Government, or contracted 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 Convention.
H. R. 2709—30
(b) REIMBURSEMENT REQUIREMENT.—
(1) IN GENERAL.—Except as provided in paragraph (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 provided 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 NATIONAL AUTHORITY
REIMBURSEMENTS.—Subsection (b)(2) applies in the case of assist-
ance provided to the following:
(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
(B) in the calendar year preceding the year in which
the assistance is to be provided, produced—
(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 unscheduled
discrete organic chemicals.
Subtitle D—Reports
SEC. 251. REPORTS REQUIRED BY THE UNITED STATES NATIONAL
AUTHORITY.
(a) REGULATIONS ON RECORDKEEPING.—
(1) REQUIREMENTS.—The United States National 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, consumption, export, or import
of such substance; and
(B) submit to the Director of the United States National
Authority such reports as the United States National
Authority may reasonably 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 effi-
cient conduct by the Organization of its responsibilities
under the Convention.
(2) RULEMAKING.—The Director of the United States
National Authority shall ensure that regulations pursuant to
this section are prescribed expeditiously.
(b) COORDINATION.—
H. R. 2709—31
(1) AVOIDANCE OF DUPLICATION.—To the extent feasible,
the United States Government shall not require the submission
of any report that is unnecessary 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.
(2) DEFINITION.—As used in paragraph (1), the term ‘‘Fed-
eral agency’’ has the meaning given the term ‘‘agency’’ in section
551(1) of title 5, United States Code.
SEC. 252. PROHIBITION RELATING TO LOW CONCENTRATIONS OF
SCHEDULE 2 AND 3 CHEMICALS.
(a) PROHIBITION.—Notwithstanding any other provision 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 production, possession, consumption,
exportation, importation, or proposed production, possession,
consumption, exportation, or importation of any substance that
contains less than—
(1) 10 percent concentration of a Schedule 2 chemical;
or
(2) 80 percent concentration of a Schedule 3 chemical.
(b) STANDARD
FOR MEASUREMENT
OF CONCENTRATION.—The
percent concentration of a chemical in a substance shall be meas-
ured on the basis of volume or total weight, which measurement
yields the lesser percent.
SEC. 253. PROHIBITION RELATING TO UNSCHEDULED DISCRETE
ORGANIC CHEMICALS AND COINCIDENTAL BYPRODUCTS
IN WASTE STREAMS.
(a) PROHIBITION.—Notwithstanding any other provision 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 production, possession, consumption,
exportation, importation, or proposed production, possession,
consumption, exportation, or importation of any substance that
is—
(1) an unscheduled discrete organic chemical; and
(2) a coincidental byproduct of a manufacturing or produc-
tion process that is not isolated or captured for use or sale
during the process and is routed 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 disclosed under section 552(a) of title 5, United States Code.
(b) EXCEPTIONS.—
(1) INFORMATION
FOR
THE
TECHNICAL
SECRETARIAT.—
Information shall be disclosed or otherwise provided to the
Technical Secretariat or other states parties to the Chemical
Weapons Convention in accordance with the Convention, in
H. R. 2709—32
particular, the provisions of the Annex on the Protection of
Confidential Information.
(2) INFORMATION
FOR
CONGRESS.—Information shall be
made available to any committee or subcommittee of Congress
with appropriate jurisdiction upon the written request of the
chairman or ranking minority member of such committee or
subcommittee, except that no such committee or subcommittee,
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 ACTIONS.—Information
shall be disclosed to other Federal agencies for enforcement
of this title or any other law, and shall be disclosed or otherwise
provided when relevant in any proceeding under this title or
any other law, except that disclosure or provision in such a
proceeding shall be made in such manner as to preserve con-
fidentiality to the extent practicable without impairing the
proceeding.
(c) INFORMATION DISCLOSED IN THE NATIONAL INTEREST.—
(1) AUTHORITY.—The United States Government shall dis-
close any information reported to, or otherwise required by
the United States Government under this title or the Conven-
tion, including categories 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 para-
graph (1) to publish or disclose or otherwise provide
information exempt 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
(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 information pertains objects to
the disclosure, the agency shall promptly review the
grounds for each objection of the person and shall afford
the objecting person a hearing for the purpose of presenting
the objections to the disclosure. Not later than 10 days
before the scheduled or rescheduled date for the disclosure,
the United States National Authority shall notify such
person regarding whether such disclosure will occur not-
withstanding the objections.
(d) CRIMINAL PENALTY FOR WRONGFUL DISCLOSURE.—Any offi-
cer 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 obtained possession of, or has access to,
information the disclosure or other provision of which is prohibited
by subsection (a), and who, knowing that disclosure or provision
H. R. 2709—33
of such information is prohibited by such subsection, willfully dis-
closes or otherwise provides the information in any manner to
any person (including any person located outside the territory of
the United States) not authorized to receive it, shall be fined
under title 18, 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 forfeiture 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 information to
the United States Government in accordance with this title
or any regulation prescribed under this title; or
(3) to permit access to or copying of any record that is
exempt from disclosure under this title or any regulation pre-
scribed under this title.
Subtitle E—Enforcement
SEC. 261. PENALTIES.
(a) CIVIL.—
(1) PENALTY AMOUNTS.—
(A) PROHIBITED ACTS RELATING TO INSPECTIONS.—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 para-
graph, each day such a violation of section 306 continues
shall constitute a separate violation of that section.
(B) RECORDKEEPING VIOLATIONS.—Any person that is
determined, in accordance with paragraph (2), to have vio-
lated 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 person under this subsection
for a violation of section 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 administrative 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.
H. R. 2709—34
(C) ISSUANCE OF ORDERS.—If the administrative law
judge determines, upon the preponderance of the evidence
received, that a person or entity named in the complaint
has violated 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, circumstances, extent, and gravity of the violation
or violations and, with respect to the violator, the ability
to pay, effect on ability to continue to do business, any
history of prior such violations, the degree of culpability,
the existence 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 Authority unless, within 30 days, the head of the
United States National Authority modifies or vacates the deci-
sion 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 affected 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 the District of Columbia Circuit or for any
other circuit in which the person resides or transacts business.
(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 para-
graph (5); or
(B) after a court in an action brought under paragraph
(5) has entered a final judgment in favor of the United
States National Authority,
the Secretary of State shall file a suit to seek compliance
with the order in any appropriate district court of the United
States, plus interest at currently prevailing rates calculated
from the date of expiration 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 appropriateness
of the final order shall not be subject to review.
(b) CRIMINAL.—Any person who knowingly violates any provi-
sion of section 236 or 255 of this Act, shall, in addition to or
in lieu of any civil penalty which may be imposed under subsection
(a) for such violation, be fined under title 18, United States Code,
imprisoned for not more than one year, or both.
H. R. 2709—35
SEC. 262. SPECIFIC ENFORCEMENT.
(a) JURISDICTION.—The district courts of the United States
shall have jurisdiction over civil actions to—
(1) restrain any violation of section 236 or 255 of this
Act; and
(2) compel the taking of any action required by or under
this title or the Convention.
(b) CIVIL ACTIONS.—
(1) IN
GENERAL.—A civil action described in subsection
(a) may be brought—
(A) in the case of a civil action described in subsection
(a)(1), in the United States district court for the judicial
district in which any act, omission, or transaction constitut-
ing a violation of section 236 or 255 occurred or in which
the defendant is found or transacts business; or
(B) in the case of a civil action described in subsection
(a)(2), in the United States district court for the judicial
district in which the defendant is found or transacts busi-
ness.
(2) SERVICE OF PROCESS.—Any such civil action process
may be served on a defendant wherever the defendant may
reside or may be found, whether the defendant resides or
may be found within the United States or elsewhere.
SEC. 263. EXPEDITED JUDICIAL REVIEW.
(a) CIVIL ACTION.—Any person or entity subject to a search
under this title may file a civil action challenging the constitutional-
ity of any provision of this title. Notwithstanding any other provi-
sion of law, during the full calendar year of, and the two full
calendar years following, the enactment of this Act, the district
court shall accord such a case a priority in its disposition ahead
of all other civil actions except for actions challenging the legality
and conditions of confinement.
(b) EN BANC REVIEW.—Notwithstanding any other provision
of law, during the full calendar year of, and the two full calendar
years following, the enactment of this Act, any appeal from a
final order entered by a district court in an action brought under
subsection (a) shall be heard promptly by the full Court of Appeals
sitting en banc.
Subtitle F—Miscellaneous Provisions
SEC. 271. REPEAL.
Section 808 of the Department of Defense Appropriation
Authorization Act, 1978 (50 U.S.C. 1520; relating to the use of
human subjects for the testing of chemical or biological agents)
is repealed.
SEC. 272. PROHIBITION.
(a) IN GENERAL.—Neither the Secretary of Defense nor any
other officer or employee of the United States may, directly or
by contract—
(1) conduct any test or experiment involving the use of
any chemical or biological agent on a civilian population; or
(2) use human subjects for the testing of chemical or
biological agents.
H. R. 2709—36
(b) CONSTRUCTION.—Nothing in subsection (a) may be construed
to prohibit actions carried out for purposes not prohibited by this
title (as defined in section 203(8)).
(c) BIOLOGICAL AGENT DEFINED.—In this section, the term
‘‘biological agent’’ means any micro-organism (including bacteria,
viruses, fungi, rickettsiae or protozoa), pathogen, or infectious sub-
stance, or any naturally occurring, bio-engineered or synthesized
component of any such micro-organism, pathogen, or infectious sub-
stance, whatever its origin or method of production, capable of
causing—
(1) death, disease, or other biological malfunction in a
human, an animal, a plant, or another living organism;
(2) deterioration of food, water, equipment, supplies, or
materials of any kind; or
(3) deleterious alteration of the environment.
SEC. 273. BANKRUPTCY ACTIONS.
Section 362(b) of title 11, United States Code, is amended—
(1) by striking paragraphs (4) and (5); and
(2) by inserting after paragraph (3) the following:
‘‘(4) under paragraph (1), (2), (3), or (6) of subsection (a)
of this section, of the commencement or continuation of an
action or proceeding by a governmental unit or any organization
exercising authority under the Convention on the Prohibition
of the Development, Production, Stockpiling and Use of Chemi-
cal Weapons and on Their Destruction, opened for signature
on January 13, 1993, to enforce such governmental unit’s or
organization’s police and regulatory power, including the
enforcement of a judgment other than a money judgment,
obtained in an action or proceeding by the governmental unit
to enforce such governmental unit’s or organization’s police
or regulatory power;’’.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate.