I
103D CONGRESS
2D SESSION
H. R. 4849
To implement the obligations of the United States under the Convention
on the Prohibition of the Development, Production, Stockpiling and Use
of Chemical Weapons and on Their Destruction, known as the ‘‘Chemical
Weapons Convention’’ and opened for signature and signed by the United
States on January 13, 1993.
IN THE HOUSE OF REPRESENTATIVES
JULY 28, 1994
Mr. HAMILTON (by request)(for himself, Mr. GILMAN, Mr. LANTOS, Mr. BER-
MAN, Mr. SWIFT, and Mr. OXLEY) introduced the following bill; which
was referred jointly to the Committees on Foreign Affairs, the Judiciary,
and Energy and Commerce
A BILL
To implement the obligations of the United States under
the Convention on the Prohibition of the Development,
Production, Stockpiling and Use of Chemical Weapons
and on Their Destruction, known as the ‘‘Chemical
Weapons Convention’’ and opened for signature and
signed by the United States on January 13, 1993.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ‘‘Chemical Weapons
Convention Implementation Act of 1994’’.
HR 4849 IH
SEC. 2. TABLE OF CONTENTS.
The table of contents for this Act is as follows—
Sec. 1. Short title.
Sec. 2. Table of contents.
Sec. 3. Congressional findings.
Sec. 4. Congressional declarations.
Sec. 5. Definitions.
Sec. 6. Severability.
TITLE I—NATIONAL AUTHORITY
Sec. 101. Establishment.
TITLE II—APPLICATION OF CONVENTION PROHIBITIONS TO
NATURAL AND LEGAL PERSONS
Sec. 201. Criminal provisions.
Sec. 202. Effective date.
Sec. 203. Restrictions on scheduled chemicals.
TITLE III—DECLARATIONS BY CHEMICAL INDUSTRY
Sec. 301. Reporting of information.
Sec. 302. Disclosure of information or materials.
Sec. 303. Prohibited acts.
TITLE IV—INSPECTIONS
Sec. 401. Inspections of chemical industry.
Sec. 402. Other inspections and lead agency.
Sec. 403. Prohibited acts.
Sec. 404. Penalties.
Sec. 405. Specific enforcement.
Sec. 406. Legal proceedings.
Sec. 407. Authority.
SEC. 3. CONGRESSIONAL FINDINGS.
The Congress makes the following findings:
(1) Chemical weapons pose a significant threat
to the national security of the United States and are
a scourge to humankind.
(2) The Chemical Weapons Convention is the
best means of ensuring the nonproliferation of chem-
ical weapons and their eventual destruction and for-
swearing by all nations.
HR 4849 IH
(3) The verification procedures contained in the
Chemical Weapons Convention and the faithful ad-
herence of nations to them, including the United
States, are crucial to the success of the Convention.
(4) The declarations and inspections required
by the Chemical Weapons Convention are essential
for the effectiveness of the verification regime.
SEC. 4. CONGRESSIONAL DECLARATIONS.
The Congress makes the following declarations:
(1) It shall be the policy of the United States
to cooperate with other States parties to the Chemi-
cal Weapons Convention and afford the appropriate
form of legal assistance to facilitate the implementa-
tion of the prohibitions contained in title II of this
Act.
(2) It shall be the policy of the United States,
during the implementation of its obligations under
the Chemical Weapons Convention, to assign the
highest priority to ensuring the safety of people and
to protecting the environment, and to cooperate as
appropriate with other States parties to the Conven-
tion in this regard.
(3) It shall be the policy of the United States
to minimize, to the greatest extent practicable, the
administrative burden and intrusiveness of measures
HR 4849 IH
to implement the Chemical Weapons Convention
placed on commercial and other private entities, and
to take into account the possible competitive impact
of regulatory measures on industry, consistent with
the obligations of the United States under the Con-
vention.
SEC. 5. DEFINITIONS.
(a) IN GENERAL.—Except as otherwise provided in
this Act, the definitions of the terms used in this Act shall
be those contained in the Chemical Weapons Convention.
(b) OTHER DEFINITIONS.—(1) The term ‘‘Chemical
Weapons Convention’’ means the Convention on the Prohi-
bition of the Development, Production, Stockpiling and
Use of Chemical Weapons and on Their Destruction,
opened for signature on January 13, 1993.
(2) The term ‘‘national of the United States’’ has the
same meaning given such term in section 101(a)(22) of
the 
Immigration 
and 
Nationality 
Act 
(8 
U.S.C.
1101(a)(22)).
(3) The term ‘‘United States’’, when used in a geo-
graphical sense, includes all places under the jurisdiction
or control of the United States, including—
(A) any of the places within the provisions of
section 101(41) of the Federal Aviation Act of 1958,
as amended (49 U.S.C. App. Sec. 1301(41)),
HR 4849 IH
(B) any public aircraft or civil aircraft of the
United States, as such terms are defined in sections
101 (36) and (18) of the Federal Aviation Act of
1958, as amended (49 U.S.C. App. Secs. 1301(36)
and 1301(18)), and
(C) any vessel of the United States, as such
term is defined in section 3(b) of the Maritime Drug
Enforcement Act, as amended (46 U.S.C. App. Sec.
1903(b)).
(4) The term ‘‘person’’, except as used in section 201
of this Act and as set forth below, means—
(A) any individual, corporation, partnership,
firm, association, trust, estate, public or private in-
stitution, any State or any political subdivision
thereof, or any political entity within a State, any
foreign government or nation or any agency, instru-
mentality or political subdivision of any such govern-
ment or nation, or other entity located in the United
States; and
(B) any legal successor, representative, agent or
agency of the foregoing located in the United States.
The phrase ‘‘located in the United States’’ in the term
‘‘person’’ shall not apply to the term ‘‘person’’ as used
in the phrase ‘‘person located outside the territory’’ in sec-
HR 4849 IH
tions 203(b), 203(c), and 302(c) of this Act and ‘‘person
located in the territory’’ in section 203(b) of this Act.
(5) The term ‘‘Technical Secretariat’’ means the
Technical Secretariat of the Organization for the Prohibi-
tion of Chemical Weapons established by the Chemical
Weapons Convention.
SEC. 6. SEVERABILITY.
If any provision of this Act, or the application of such
provision to any person or circumstance, is held invalid,
the remainder of this Act, or the application of such provi-
sion to persons or circumstances other than those as to
which it is held invalid, shall not be affected thereby.
TITLE I—NATIONAL AUTHORITY
SEC. 101. ESTABLISHMENT.
Pursuant to paragraph 4 of Article VII of the Chemi-
cal Weapons Convention, the President or the designee of
the President shall establish the ‘‘United States National
Authority’’ to, inter alia, serve as the national focal point
for effective liaison with the Organization for the Prohibi-
tion of Chemical Weapons and other States Parties to the
Convention.
HR 4849 IH
TITLE II—APPLICATION OF CON-
VENTION PROHIBITIONS TO
NATURAL AND LEGAL PER-
SONS
SEC. 201. CRIMINAL PROVISIONS.
(a) IN GENERAL.—Part I of title 18, United States
Code, is amended by—
(1) redesignating chapter 11A relating to child
support as chapter 11B; and
(2) inserting after chapter 11 relating to brib-
ery, graft and conflicts of interest the following new
chapter:
‘‘CHAPTER 11A—CHEMICAL WEAPONS
‘‘Sec.
‘‘227. Penalties and prohibitions with respect to chemical weapons.
‘‘227A. Seizure, forfeiture, and destruction.
‘‘227B. Injunctions.
‘‘227C. Other prohibitions.
‘‘227D. Definitions.
‘‘SEC. 227. PENALTIES AND PROHIBITIONS WITH RESPECT
TO CHEMICAL WEAPONS.
‘‘(a) IN GENERAL.—Except as provided in subsection
(b), whoever knowingly develops, produces, otherwise ac-
quires, stockpiles, retains, directly or indirectly transfers,
uses, owns or possesses any chemical weapon, or know-
ingly assists, encourages or induces, in any way, any per-
son to do so, or attempts or conspires to do so, shall be
HR 4849 IH
fined under this title or imprisoned for life or any term
of years, or both.
‘‘(b) EXCLUSION.—Subsection (a) shall not apply to
the retention, ownership or possession of a chemical weap-
on, that is permitted by the Chemical Weapons Convention
pending the weapon’s destruction, by any agency or de-
partment of the United States. This exclusion shall apply
to any person, including members of the Armed Forces
of the United States, who is authorized by any agency or
department of the United States to retain, own or possess
a chemical weapon, unless that person knows or should
have known that such retention, ownership or possession
is not permitted by the Chemical Weapons Convention.
‘‘(c) JURISDICTION.—There is jurisdiction by the
United States over the prohibited activity in subsection (a)
if—
‘‘(1) the prohibited activity takes place in the
United States, or
‘‘(2) the prohibited activity takes place outside
of the United States and is committed by a national
of the United States.
‘‘(d) ADDITIONAL PENALTY.—The court shall order
that any person convicted of any offense under this section
pay to the United States any expenses incurred incident
to the seizure, storage, handling, transportation and de-
HR 4849 IH
struction or other disposition of property seized for the
violation of this section.
‘‘SEC. 227A. SEIZURE, FORFEITURE, AND DESTRUCTION.
‘‘(a) SEIZURE.—(1) Except as provided in paragraph
(2), the Attorney General may request the issuance, in the
same manner as provided for a search warrant, of a war-
rant authorizing the seizure of any chemical weapon de-
fined in section 227D(2)(A) of this title that is of a type
or quantity that under the circumstances is inconsistent
with the purposes not prohibited under the Chemical
Weapons Convention.
‘‘(2) In exigent circumstances, seizure and destruc-
tion of any such chemical weapon described in paragraph
(a)(1) may be made by the Attorney General upon prob-
able cause without the necessity for a warrant.
‘‘(b) PROCEDURE FOR FORFEITURE AND DESTRUC-
TION.—Property seized pursuant to subsection (a) shall
be forfeited to the United States. Except as inconsistent
herewith, the provisions of chapter 46 of this title relating
to civil forfeitures shall extend to a seizure or forfeiture
under this section. The Attorney General shall provide for
the destruction or other appropriate disposition of any
chemical weapon seized and forfeited pursuant to this sec-
tion.
HR 4849 IH
‘‘(c) AFFIRMATIVE DEFENSE.—It is an affirmative
defense against a forfeiture under subsection (b) that—
‘‘(1) such alleged chemical weapon is for a pur-
pose not prohibited under the Chemical Weapons
Convention; and
‘‘(2) such alleged chemical weapon is of a type
and quantity that under the circumstances is con-
sistent with that purpose.
‘‘(d) OTHER SEIZURE, FORFEITURE, AND DESTRUC-
TION.—
‘‘(1) Except as provided in paragraph (2), the
Attorney General may request the issuance, in the
same manner as provided for a search warrant, of
a warrant authorizing the seizure of any chemical
weapon defined in section 227D(2) (B) or (C) of
this title that exists by reason of conduct prohibited
under section 227 of this title.
‘‘(2) In exigent circumstances, seizure and de-
struction of any such chemical weapon described in
paragraph (1) may be made by the Attorney General
upon probable cause without the necessity for a war-
rant.
‘‘(3) Property seized pursuant to this sub-
section shall be summarily forfeited to the United
States and destroyed.
HR 4849 IH
‘‘(e) ASSISTANCE.—The Attorney General may re-
quest assistance from any agency or department in the
handling, storage, transportation or destruction of prop-
erty seized under this section.
‘‘(f) OWNER LIABILITY.—The owner or possessor of
any property seized under this section shall be liable to
the United States for any expenses incurred incident to
the seizure, including any expenses relating to the han-
dling, storage, transportation and destruction or other dis-
position of the seized property.
‘‘SEC. 227B. INJUNCTIONS.
‘‘(a) IN GENERAL.—The United States may obtain
in a civil action an injunction against—
‘‘(1) the conduct prohibited under section 227
of this title;
‘‘(2) the preparation or solicitation to engage in
conduct prohibited under section 227 of this title; or
‘‘(3) the development, production, other acquisi-
tion, stockpiling, retention, direct or indirect trans-
fer, use, ownership or possession, or the attempted
development, production, other acquisition, stock-
piling, retention, direct or indirect transfer, use,
ownership or possession, of any alleged chemical
weapon defined in section 227D(2)(A) of this title
that is of a type or quantity that under the cir-
HR 4849 IH
cumstances is inconsistent with the purposes not
prohibited under the Chemical Weapons Convention,
or the assistance to any person to do so.
‘‘(b) AFFIRMATIVE DEFENSE.—It is an affirmative
defense against an injunction under subsection (a)(3)
that—
‘‘(1) the conduct sought to be enjoined is for a
purpose not prohibited under the Chemical Weapons
Convention; and
‘‘(2) such alleged chemical weapon is of a type
and quantity that under the circumstances is con-
sistent with that purpose.
‘‘SEC. 227C. OTHER PROHIBITIONS.
‘‘(a) IN GENERAL.—Except as provided in subsection
(b), whoever knowingly uses riot control agents as a meth-
od of warfare, or knowingly assists any person to do so,
shall be fined under this title or imprisoned for a term
of not more than ten years, or both.
‘‘(b) EXCLUSION.—Subsection (a) shall not apply to
members of the Armed Forces of the United States. Mem-
bers of the Armed Forces of the United States who use
riot control agents as a method of warfare shall be subject
to appropriate military penalties.
HR 4849 IH
‘‘(c) JURISDICTION.—There is jurisdiction by the
United States over the prohibited activity in subsection (a)
if—
‘‘(1) the prohibited activity takes place in the
United States, or
‘‘(2) the prohibited activity takes place outside
of the United States and is committed by a national
of the United States.
‘‘SEC. 227D. DEFINITIONS.
‘‘As used in this chapter, the term—
‘‘(1) ‘Chemical Weapons Convention’ means the
Convention on the Prohibition of the Development,
Production, Stockpiling and Use of Chemical Weap-
ons and on Their Destruction, opened for signature
on January 13, 1993;
‘‘(2) ‘chemical weapon’ means the following, to-
gether or separately:
‘‘(A) a toxic chemical and its precursors,
except where intended for a purpose not prohib-
ited under the Chemical Weapons Convention,
as long as the type and quantity is consistent
with such a purpose;
‘‘(B) a munition or device, specifically de-
signed to cause death or other harm through
the toxic properties of those toxic chemicals
HR 4849 IH
specified in subparagraph (A), which would be
released as a result of the employment of such
munition or device; or
‘‘(C) any equipment specifically designed
for use directly in connection with the employ-
ment of munitions or devices specified in sub-
paragraph (B);
‘‘(3) ‘toxic chemical’ means any chemical which
through its chemical action on life processes can
cause death, temporary incapacitation or permanent
harm to humans or animals. This includes all such
chemicals, regardless of their origin or of their meth-
od of production, and regardless of whether they are
produced in facilities, in munitions or elsewhere;
‘‘(4) ‘precursor’ means any chemical reactant
which takes part at any stage in the production by
whatever method of a toxic chemical. This includes
any key component of a binary or multicomponent
chemical system;
‘‘(5) 
‘key 
component 
of 
a 
binary 
or
multicomponent chemical system’ means the precur-
sor which plays the most important role in determin-
ing the toxic properties of the final product and re-
acts rapidly with other chemicals in the binary or
multicomponent system;
HR 4849 IH
porting that is unnecessary, or duplicative of reporting re-
quired under any other Act. Agencies and departments
shall coordinate their actions with other agencies and de-
partments to avoid duplication of reporting by the affected
persons under this Act or any other Act.
SEC. 302. DISCLOSURE OF INFORMATION OR MATERIALS.
(a) IN GENERAL.—Any information or materials re-
ported to, or otherwise obtained by, the United States Na-
tional Authority or the Department of Commerce, or any
other agency or department under this Act or the Chemi-
cal Weapons Convention may be withheld from public dis-
closure or provision only to the extent permitted by law.
Information or materials obtained from declarations or in-
spections required by the Chemical Weapons Convention,
that are not already in the public domain, shall be with-
held from public disclosure or provision and shall not be
required to be disclosed pursuant to section 552 of title
5, United States Code, except that such information or
material—
(1) shall be disclosed or otherwise provided to
the Technical Secretariat or other States Parties to
the Chemical Weapons Convention in accordance
with the Convention, in particular, the provisions of
the Annex on the Protection of Confidential Infor-
mation;