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‘‘(6) ‘purpose not prohibited under the Chemi-
cal Weapons Convention’ means—
‘‘(A) industrial, agricultural, research,
medical, pharmaceutical or other peaceful pur-
poses;
‘‘(B) protective purposes, namely those
purposes directly related to protection against
toxic chemicals and to protection against chemi-
cal weapons;
‘‘(C) military purposes not connected with
the use of chemical weapons and not dependent
on the use of the toxic properties of chemicals
as a method of warfare; or
‘‘(D) law enforcement purposes, including
domestic riot control purposes;
‘‘(7) ‘national of the United States’ has the
same meaning given such term in section 101(a)(22)
of the Immigration and Nationality Act (8 U.S.C.
1101(a)(22));
‘‘(8) ‘United States,’ when used in a geographi-
cal sense, includes all places under the jurisdiction
or control of the United States, including—
‘‘(A) any of the places within the provi-
sions of section 101(41) of the Federal Aviation
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Act of 1958, as amended (49 U.S.C. App. Sec.
1301(41)),
‘‘(B) any public aircraft or civil aircraft of
the United States, as such terms are defined in
sections 101 (36) and (18) of the Federal Avia-
tion 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 Mar-
itime Drug Enforcement Act, as amended (46
U.S.C. App. Sec. 1903(b));
‘‘(9) ‘person’ means—
‘‘(A) any individual, corporation, partner-
ship, firm, association, trust, estate, public or
private institution, any State or any political
subdivision thereof, or any political entity with-
in a State, any foreign government or nation or
any agency, instrumentality or political subdivi-
sion of any such government or nation, or other
entity; and
‘‘(B) any legal successor, representative,
agent or agency of the foregoing; and
‘‘(10) ‘riot control agent’ means any chemical
not listed in a Schedule in the Annex on Chemicals
of the Chemical Weapons Convention, which can
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produce rapidly in humans sensory irritation or dis-
abling physical effects which disappear within a
short time following termination of exposure.’’
(b) CLERICAL AMENDMENTS.—The table of chapters
for part I of title 18, United States Code, is amended by—
(1) in the item for chapter 11A relating to child
support, redesignating ‘‘11A’’ as ‘‘11B’’; and
(2) inserting after the item for chapter 11 the
following new item:
‘‘11A. CHEMICAL WEAPONS ...............................................................
227.’’
SEC. 202. EFFECTIVE DATE.
This title shall take effect on the date the Chemical
Weapons Convention enters into force for the United
States.
SEC. 203. RESTRICTIONS ON SCHEDULED CHEMICALS.
(a) SCHEDULE 1 ACTIVITIES.—It shall be unlawful
for any person or any national of the United States lo-
cated outside the United States to produce, acquire, re-
tain, transfer or use a chemical listed on Schedule 1 of
the Annex on Chemicals of the Chemical Weapons Conven-
tion, unless—
(1) the chemicals are applied to research, medi-
cal, pharmaceutical or protective purposes;
(2) the types and quantities of chemicals are
strictly limited to those that can be justified for such
purposes; and
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(3) the amount of such chemicals per person at
any given time for such purposes does not exceed a
limit to be determined by the United States National
Authority, but in any case, does not exceed one met-
ric ton.
(b) EXTRATERRITORIAL ACTS.—(1) It shall be un-
lawful for any person or any national of the United States
located outside the United States to produce, acquire, re-
tain or use a chemical listed on Schedule 1 of the Annex
on Chemicals of the Chemical Weapons Convention out-
side the territories of the States Parties to the Convention
or to transfer such chemicals to any person located outside
the territory of the United States, except as provided for
in the Convention for transfer to a person located in the
territory of another State Party to the Convention.
(2) Beginning three years after the entry into force
of the Chemical Weapons Convention, it shall be unlawful
for any person or any national of the United States lo-
cated outside the United States to transfer a chemical list-
ed on Schedule 2 of the Annex on Chemicals of the Con-
vention to any person located outside the territory of a
State Party to the Convention or to receive such a chemi-
cal from any person located outside the territory of a State
Party to the Convention.
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(c) JURISDICTION.—There is jurisdiction by the
United States over the prohibited activity in subsections
(a) and (b) if—
(1) the prohibited activity takes place in the
United States, or
(2) the prohibited activity takes place outside of
the United States and is committed by a national of
the United States.
TITLE III—DECLARATIONS BY
CHEMICAL INDUSTRY
SEC. 301. REPORTING OF INFORMATION.
(a) REPORTS.—The Department of Commerce shall
promulgate regulations under which each person who pro-
duces, processes, consumes, exports or imports, or pro-
poses to produce, process, consume, export or import, a
chemical substance subject to the Chemical Weapons Con-
vention shall maintain and permit access to such records
and shall submit to the Department of Commerce such
reports as the United States National Authority may rea-
sonably require pursuant to the Chemical Weapons Con-
vention. The Department of Commerce shall promulgate
regulations pursuant to this title expeditiously, and may
amend or change such regulations as necessary.
(b) COORDINATION.—To the extent feasible, the
United States National Authority shall not require any re-
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(2) shall be made available to any committee or
subcommittee of Congress of appropriate jurisdiction
upon the written request of the chairman or ranking
minority member of such committee or subcommit-
tee, except that no such committee or subcommittee,
or member thereof, shall disclose such information
or material;
(3) shall be disclosed to other agencies or de-
partments for law enforcement purposes with regard
to this Act or any other Act, and may be disclosed
or otherwise provided when relevant in any proceed-
ing under this Act or any other Act, except that dis-
closure or provision in such a proceeding shall be
made in such manner as to preserve confidentiality
to the extent practicable without impairing the pro-
ceeding; and
(4) may be disclosed, including in the form of
categories of information, if the United States Na-
tional Authority determines that such disclosure is
in the national interest.
(b) NOTICE OF DISCLOSURE.—If the United States
National Authority, pursuant to subsection (a)(4), pro-
poses to publish or disclose or otherwise provide informa-
tion or materials exempted from disclosure in subsection
(a), the United States National Authority shall, where ap-
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propriate, notify the person who submitted such informa-
tion or materials of the intent to release such information
or materials. Where notice has been provided, the United
States National Authority may not release such informa-
tion or materials until the expiration of thirty days after
notice has been provided.
(c) CRIMINAL PENALTY FOR WRONGFUL DISCLO-
SURE.—Any officer or employee of the United States or
former officer or employee of the United States, who by
virtue of such employment or official position has obtained
possession of, or has access to, information or materials
the disclosure or other provision of which is prohibited by
subsection (a), and who knowing that disclosure or provi-
sion of such information or materials is prohibited by such
subsection, willfully discloses or otherwise provides the in-
formation or materials in any manner to any person, in-
cluding persons located outside the territory of the United
States, not entitled to receive it, shall be fined under title
18, United States Code, or imprisoned for not more than
five years, or both.
(d) INTERNATIONAL INSPECTORS.—The provisions of
this section on disclosure or provision of information or
materials shall also apply to employees of the Technical
Secretariat.
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SEC. 303. PROHIBITED ACTS.
It shall be unlawful for any person to fail or refuse
to—
(a) establish or maintain records,
(b) submit reports, notices, or other information
to the Department of Commerce or the United
States National Authority, or
(c) permit access to or copying of records, as
required by this Act or a regulation thereunder.
TITLE IV—INSPECTIONS
SEC. 401. INSPECTIONS OF CHEMICAL INDUSTRY.
(a) AUTHORITY.—For purposes of administering this
Act—
(1) any duly designated member of an inspec-
tion team of the Technical Secretariat may inspect
any plant, plant site, or other facility or location in
the United States subject to inspection pursuant to
the Chemical Weapons Convention; and
(2) any duly designated representative of an
agency or department may accompany members of
an inspection team of the Technical Secretariat dur-
ing the inspection specified in paragraph (1).
(b) NOTICE.—An inspection pursuant to subsection
(a) may be made only upon issuance of a written notice
to the owner and to the operator, occupant or agent in
charge of the premises to be inspected, except that failure
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to receive a notice shall not be a bar to the conduct of
an inspection. The notice shall be submitted to the owner
and to the operator, occupant or agent in charge as soon
as possible after the United States National Authority re-
ceives it from the Technical Secretariat. The notice shall
include all appropriate information supplied by the Tech-
nical Secretariat to the United States National Authority
regarding the basis for the selection of the plant site,
plant, or other facility or location for the type of inspection
sought, including, for challenge inspections pursuant to
Article IX of the Chemical Weapons Convention, appro-
priate evidence or reasons provided by the requesting
State Party to the Convention with regard to its concerns
about compliance with the Chemical Weapons Convention
at the facility or location. A separate notice shall be given
for each such inspection, but a notice shall not be required
for each entry made during the period covered by the in-
spection.
(c) CREDENTIALS.—If the owner, operator, occupant
or agent in charge of the premises to be inspected is
present, a member of the inspection team of the Technical
Secretariat, as well as, if present, the representatives of
agencies or departments, shall present appropriate creden-
tials before the inspection is commenced.
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(d) TIME FRAME
FOR INSPECTIONS.—Consistent
with the provisions of the Chemical Weapons Convention,
each inspection shall be commenced and completed with
reasonable promptness and shall be conducted at reason-
able times, within reasonable limits, and in a reasonable
manner. The Department of Commerce shall endeavor to
ensure that, to the extent possible, each inspection is com-
menced, conducted and concluded during ordinary work-
ing hours, but no inspection shall be prohibited or other-
wise disrupted for commencing, continuing or concluding
during other hours. However, nothing in this subsection
shall be interpreted as modifying the time frames estab-
lished in the Chemical Weapons Convention.
(e) SCOPE.—(1) Except as provided in paragraph (2)
of this subsection and subsection (f), an inspection con-
ducted under this title may extend to all things within the
premises inspected (including records, files, papers, proc-
esses, controls, structures and entering and exiting vehi-
cles) related to whether the requirements of the Chemical
Weapons Convention applicable to such premises have
been complied with.
(2) To the extent possible consistent with the obliga-
tions of the United States pursuant to the Chemical
Weapons Convention, no inspection under this title shall
extend to—
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(A) financial data;
(B) sales and marketing data (other than ship-
ment data);
(C) pricing data;
(D) personnel data;
(E) research data;
(F) patent data; or
(G) data maintained for compliance with envi-
ronmental or occupational health and safety regula-
tions.
(f) FACILITY
AGREEMENTS.—(1) Inspections of
plants, plant sites, or other facilities or locations for which
the United States has a facility agreement with the Orga-
nization for the Prohibition of Chemical Weapons shall be
conducted in accordance with the facility agreement.
(2) Facility agreements shall be concluded for plants,
plant sites, or other facilities or locations that are subject
to inspection pursuant to paragraph 4 of Article VI of the
Chemical Weapons Convention unless the owner and the
operator, occupant or agent in charge of the facility and
the Technical Secretariat agree that such an agreement
is not necessary. Facility agreements should be concluded
for plants, plant sites, or other facilities or locations that
are subject to inspection pursuant to paragraphs 5 or 6
of Article VI of the Chemical Weapons Convention if so
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requested by the owner and the operator, occupant or
agent in charge of the facility.
(3) The owner and the operator, occupant or agent
in charge shall, to the extent practicable consistent with
the obligations of the United States under the Chemical
Weapons Convention, participate in the negotiation of all
facility agreements concluded pursuant to the Convention.
(g) SAMPLING AND SAFETY.—(1) The Department of
Commerce is authorized to require the provision of sam-
ples to a member of the inspection team of the Technical
Secretariat in accordance with the provisions of the Chem-
ical Weapons Convention. The owner or the operator, oc-
cupant or agent in charge of the premises to be inspected
shall determine whether the sample shall be taken by rep-
resentatives of the premises or the inspection team or
other individuals present.
(2) In carrying out their activities, members of the
inspection team of the Technical Secretariat and rep-
resentatives of agencies or departments accompanying the
inspection team shall observe safety regulations estab-
lished at the premises to be inspected, including those for
protection of controlled environments within a facility and
for personal safety.
(h) COORDINATION.—To the extent possible consist-
ent with the obligations of the United States pursuant to
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the Chemical Weapons Convention, the representatives of
the United States National Authority, the Department of
Commerce and any other agency or department, if
present, shall assist the owner and the operator, occupant
or agent in charge of the premises to be inspected in inter-
acting with the members of the inspection team of the
Technical Secretariat.
SEC. 402. OTHER INSPECTIONS AND LEAD AGENCY.
(a) OTHER INSPECTIONS.—The provisions of this
title shall apply, as appropriate, to all other inspections
authorized by the Chemical Weapons Convention. For all
inspections other than those conducted pursuant to para-
graphs 4, 5, or 6 of Article VI of the Convention, the term
‘‘Department of Commerce’’ shall be replaced by the term
‘‘Lead Agency’’ in section 401.
(b) LEAD AGENCY.—For the purposes of this title,
the term ‘‘Lead Agency’’ means the agency or department
designated by the President or the designee of the Presi-
dent to exercise the functions and powers set forth in the
specific provision, based, inter alia, on the particular re-
sponsibilities of the agency or department within the
United States Government and the relationship of the
agency or department to the premises to be inspected.
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SEC. 403. PROHIBITED ACTS.
It shall be unlawful for any person to fail or refuse
to permit entry or inspection, or to disrupt, delay or other-
wise impede an inspection as required by this Act or the
Chemical Weapons Convention.
SEC. 404. PENALTIES.
(a) CIVIL.—(1) Any person who violates a provision
of section 203, 303, or 403 of this Act shall be liable to
the United States for a civil penalty in an amount not
to exceed $50,000 for each such violation. For purposes
of this subsection, each day such a violation of section 403
continues shall constitute a separate violation of section
403.
(2)(A) A civil penalty for a violation of section 203,
303, or 403 of this Act shall be assessed by the Lead
Agency by an order made on the record after opportunity
(provided in accordance with this subparagraph) for a
hearing in accordance with section 554 of title 5, United
States Code. Before issuing such an order, the Lead Agen-
cy shall give written notice to the person to be assessed
a civil penalty under such order of the Lead Agency’s pro-
posal to issue such order and provide such person an op-
portunity to request, within fifteen days of the date the
notice is received by such person, such a hearing on the
order.
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(B) In determining the amount of a civil penalty, the
Lead Agency shall take into account the nature, cir-
cumstances, extent and gravity of the violation or viola-
tions and, with respect to the violator, ability to pay, effect
on ability to continue to do business, any history of prior
such violations, the degree of culpability, and such other
matters as justice may require.
(C) The Lead Agency may compromise, modify or
remit, with or without conditions, any civil penalty which
may be imposed under this subsection. The amount of
such penalty, when finally determined, or the amount
agreed upon in compromise, may be deducted from any
sums owing by the United States to the person charged.
(3) Any person who requested in accordance with
paragraph (2)(A) a hearing respecting the assessment of
a civil penalty and who is aggrieved by an order assessing
a civil penalty may file a petition for judicial review of
such order with the United States Court of Appeals for
the District of Columbia Circuit or for any other circuit
in which such person resides or transacts business. Such
a petition may be filed only within the thirty-day period
beginning on the date the order making such assessment
was issued.
(4) If any person fails to pay an assessment of a civil
penalty—
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(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 accord-
ance with paragraph (3); or
(B) after a court in an action brought under
paragraph (3) has entered a final judgment in favor
of the Lead Agency;
the Attorney General shall recover the amount assessed
(plus interest at currently prevailing rates from the date
of the expiration of the thirty-day period referred to in
paragraph (3) or the date of such final judgment, as the
case may be) in an action brought in any appropriate dis-
trict court of the United States. In such an action, the
validity, amount and appropriateness of such penalty shall
not be subject to review.
(b) CRIMINAL.—Any person who knowingly violates
any provision of section 203, 303, or 403 of this Act, shall,
in addition to or in lieu of any civil penalty which may
be imposed under subsection (a) for such violation, be
fined under title 18, United States Code, imprisoned for
not more than two years, or both.
SEC. 405. SPECIFIC ENFORCEMENT.
(a) JURISDICTION.—The district courts of the United
States shall have jurisdiction over civil action to—
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(1) restrain any violation of section 203, 303,
or 403 of this Act; and
(2) compel the taking of any action required by
or under this Act or the Chemical Weapons Conven-
tion.
(b) CIVIL ACTION.—A civil action described in sub-
section (a) may be brought—
(1) in the case of a civil action described in sub-
section (a)(1), in the United States district court for
the judicial district wherein any act, omission, or
transaction constituting a violation of section 203,
303, or 403 of this Act occurred or wherein the de-
fendant is found or transacts business; or
(2) in the case of a civil action described in sub-
section (a)(2), in the United States district court for
the judicial district wherein the defendant is found
or transacts business.
In any such civil action process may be served on a defend-
ant wherever the defendant may reside or may be found,
whether the defendant resides or may be found within the
United States or elsewhere.
SEC. 406. LEGAL PROCEEDINGS.
(a) WARRANTS.—(1) The Lead Agency shall seek the
consent of the owner or the operator, occupant or agent
in charge of the premises to be inspected prior to the initi-
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ation of any inspection. Before or after seeking such con-
sent, the Lead Agency may seek a search warrant from
any official authorized to issue search warrants. Proceed-
ings regarding the issuance of a search warrant shall be
conducted ex parte, unless otherwise requested by the
Lead Agency. The Lead Agency shall provide to the offi-
cial authorized to issue search warrants all appropriate in-
formation supplied by the Technical Secretariat to the
United States National Authority regarding the basis for
the selection of the plant site, plant, or other facility or
location for the type of inspection sought, including, for
challenge inspections pursuant to Article IX of the Chemi-
cal Weapons Convention, appropriate evidence or reasons
provided by the requesting State Party to the Convention
with regard to its concerns about compliance with the
Chemical Weapons Convention at the facility or location.
The Lead Agency shall also provide any other appropriate
information available to it relating to the reasonableness
of the selection of the plant, plant site, or other facility
or location for the inspection.
(2) The official authorized to issue search warrants
shall promptly issue a warrant authorizing the requested
inspection upon an affidavit submitted by the Lead Agen-
cy showing that—
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(A) the Chemical Weapons Convention is in
force for the United States;
(B) the plant site, plant, or other facility or lo-
cation sought to be inspected is subject to the spe-
cific type of inspection requested under the Chemical
Weapons Convention;
(C) the procedures established under the Chem-
ical Weapons Convention and this Act for initiating
an inspection have been complied with; and
(D) the Lead Agency will ensure that the in-
spection is conducted in a reasonable manner and
will not exceed the scope or duration set forth in or
authorized by the Chemical Weapons Convention or
this Act.
(3) The warrant shall specify the type of inspection
authorized; the purpose of the inspection; the type of plant
site, plant, or other facility or location to be inspected;
to the extent possible, the items, documents and areas that
may be inspected; the earliest commencement and latest
concluding dates and times of the inspection; and the iden-
tities of the representatives of the Technical Secretariat,
if known, and, if applicable, the representatives of agencies
or departments.
(b) SUBPOENAS.—In carrying out this Act, the Lead
Agency may by subpoena require the attendance and testi-
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mony of witnesses and the production of reports, papers,
documents, answers to questions and other information
that the Lead Agency deems necessary. Witnesses shall
be paid the same fees and mileage that are paid witnesses
in the courts of the United States. In the event of contu-
macy, failure or refusal of any person to obey any such
subpoena, any district court of the United States in which
venue is proper shall have jurisdiction to order any such
person to comply with such subpoena. Any failure to obey
such an order of the court is punishable by the court as
a contempt thereof.
(c) INJUNCTIONS AND OTHER ORDERS.—No court
shall issue an injunction or other order that would limit
the ability of the Technical Secretariat to conduct, or the
United States National Authority or the Lead Agency to
facilitate, inspections as required or authorized by the
Chemical Weapons Convention.
SEC. 407. AUTHORITY.
The Lead Agency may issue such regulations as are
necessary to implement this title and the provisions of the
Chemical Weapons Convention, and amend or revise them
as necessary. The Lead Agency shall have the authority
to appoint officials to issue warrants pursuant to section
406(a) authorizing inspections pursuant to this title.
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