(b) NOTICE.—An inspection pursuant to subsection
(a) may be made only upon issuance of a written notice
to the owner and to the operator, occupant or agent in
charge of the premises to be inspected, except that failure
to receive a notice shall not be a bar to the conduct of
an inspection. The notice shall be submitted to the owner
and to the operator, occupant or agent in charge as soon
as possible after the United States National Authority 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.
(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 vehicles) related to whether
the requirements of the Chemical Weapons Convention ap-
plicable 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—
(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;
(G) data maintained for compliance with envi-
ronmental or occupational health and safety regula-
tions; or
(H) personnel and vehicles entering and person-
nel and personal passenger vehicles exiting the facil-
ity.
(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
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 of a facility shall be notified prior to the develop-
ment of the agreement relating to that facility and, if they
so request, may participate in the preparations for the ne-
gotiation of such an agreement. To the extent practicable
consistent with the Chemical Weapons Convention, the
owner and the operator, occupant or agent in charge of
a facility may observe negotiations of the agreement be-
tween the United States and the Organization for the Pro-
hibition of Chemical Weapons concerning the facility.
(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
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 PURSUANT TO THE CHEMI-
CAL 
WEAPONS 
CONVENTION 
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 to exercise the functions and
powers set forth in the specific provision, based, inter alia,
on the particular responsibilities of the agency or depart-
ment within the United States Government and the rela-
tionship of the agency or department to the premises to
be inspected.
SEC. 403. PROHIBITED ACTS.
It shall be unlawful for any person to fail or refuse
to permit entry or inspection, or to disrupt, delay or other-
wise impede an inspection as required by this Act or the
Chemical Weapons Convention.
SEC. 404. PENALTIES.
(a) CIVIL.—
(1) (A) Any person who violates a provision of
section 203, 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.
(B) Any person who violates a provision of sec-
tion 303 of this Act shall be liable to the United
States for a civil penalty in an amount not to exceed
$5,000 for each such violation.
(C) Any person who violates a provision of sec-
tion 403 of this Act shall be liable to the United
States for a civil penalty in an amount not to exceed
$25,000 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.
(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, the existence of
an internal compliance program, and such other matters
as justice may require.
(C) The Lead Agency may compromise, modify or
remit, with or without conditions, any civil penalty which
may be imposed under this subsection. The amount of
such penalty, when finally determined, or the amount
agreed upon in compromise, may be deducted from any
sums owing by the United States to the person charged.
(3) Any person who requested in accordance with
paragraph (2)(A) a hearing respecting the assessment of
a civil penalty and who is aggrieved by an order assessing
a civil penalty may file a petition for judicial review of
such order with the United States Court of Appeals for
the District of Columbia Circuit or for any other circuit
in which such person resides or transacts business. Such
a petition may be filed only within the thirty-day period
beginning on the date the order making such assessment
was issued.
(4) If any person fails to pay an assessment of a civil
penalty—
(A) after the order making the assessment has
become a final order and if such person does not file
a petition for judicial review of the order in 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—
(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-
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—
(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-
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.
(a) REGULATIONS.—The Lead Agency may issue
such regulations as are necessary to implement and en-
force this title and the provisions of the Chemical Weapons
Convention, and amend or revise them as necessary.
(b) ENFORCEMENT.—The Lead Agency may des-
ignate officers or employees of the agency or department
to conduct investigations pursuant to this Act. In conduct-
ing such investigations, those officers or employees may,
to the extent necessary or appropriate for the enforcement