I
105TH CONGRESS
1ST SESSION
H. R. 1590
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
MAY 14, 1997
Mr. HAMILTON (for himself and Mr. CONYERS) (both by request) introduced
the following bill; which was referred to the Committee on International
Relations, and in addition to the Committee on the Judiciary, for a pe-
riod to be subsequently determined by the Speaker, in each case for con-
sideration of such provisions as fall within the jurisdiction of the commit-
tee concerned
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 1997’’.
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—REPORTING
Sec. 301. Reporting of information.
Sec. 302. Confidentiality of information.
Sec. 303. Prohibited acts.
TITLE IV—INSPECTIONS
Sec. 401. Inspections pursuant to Article VI of the Chemical Weapons Conven-
tion.
Sec. 402. Other inspections pursuant to the Chemical Weapons Convention and
lead agency.
Sec. 403. Prohibited acts.
Sec. 404. Penalties.
Sec. 405. Specific enforcement.
Sec. 406. Legal proceedings.
Sec. 407. Authority.
Sec. 408. Saving provision.
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.
(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 to afford the appro-
priate form of legal assistance to facilitate the imple-
mentation 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
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.
(Nothing in paragraphs 2 or 3 of Article II of the Chemi-
cal Weapons Convention shall be construed to limit ver-
ification activities pursuant to Parts X or XI of the Annex
on Implementation and Verification of the 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. Sec. 40102(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 Aviation Act of
1958, as amended (49 U.S.C. App. 40102(37) and
40102(17)), 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
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.
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
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-
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
(1) may be made by the Attorney General upon probable
cause without the necessity for a warrant.
‘‘(b) PROCEDURE FOR FORFEITURE AND DESTRUC-
TION.—Except as provided in paragraph (2) of subsection
(a), property seized pursuant to subsection (a) shall be
forfeited to the United States after notice to potential
claimants and an opportunity for a hearing. At such a
hearing, the government shall bear the burden of persua-
sion by a preponderance of the evidence. Except as incon-
sistent herewith, the provisions of chapter 46 of this title
relating to civil forfeitures shall extend to a seizure or for-
feiture under this section. The Attorney General shall pro-
vide for the destruction or other appropriate disposition
of any chemical weapon seized and forfeited pursuant to
this section.
‘‘(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.
‘‘(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-
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.
‘‘(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
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;
(For the purpose of implementing the Chemical
Weapons Convention, toxic chemicals which have
been identified for the application of verification
measures are listed in Schedules contained in the
Annex on Chemicals of the Chemical Weapons Con-
vention.);
‘‘(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; (For the purpose of implementing
the Chemical Weapons Convention, precursors which
have been identified for the application of verifica-
tion measures are listed in Schedules contained in
the Annex on Chemicals of the Chemical Weapons
Convention.);
‘‘(5) ‘key component of a binary or multicompo-
nent chemical system’ means the precursor which
plays the most important role in determining the
toxic properties of the final product and reacts rap-
idly with other chemicals in the binary or multi-
component system;
‘‘(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
Act of 1958, as amended (49 U.S.C. Sec.
40102(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. Secs.
40102(37) and 40102(17)), 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
produce rapidly in humans sensory irritation or dis-
abling physical effects which disappear within a
short time following termination of exposure.’’
‘‘Nothing in paragraphs (3) or (4) of this section
shall be construed to limit verification activities pursuant
to Part X or Part XI of the Annex on Implementation
and Verification of the Chemical Weapons Convention.’’
(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
(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
listed on Schedule 2 of the Annex on Chemicals of the
Convention to any person located outside the territory of
a State Party to the Convention or to receive such a chem-
ical from any person located outside the territory of a
State Party to the Convention.
(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—REPORTING
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, taking into
account the written decisions issued by the Organization
for the Prohibition of Chemical Weapons, 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-
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. CONFIDENTIALITY OF INFORMATION.
(a) FREEDOM OF INFORMATION ACT EXEMPTION
FOR CERTAIN CHEMICAL WEAPONS CONVENTION INFOR-
MATION.—Any information reported to, or otherwise ob-
tained by, the United States National Authority or the De-
partment of Commerce, or any other agency or depart-
ment under this Act or the Chemical Weapons Convention
shall not be required to be publicly disclosed pursuant to
section 552 of title 5, United States Code.
(b) PROHIBITED DISCLOSURE AND EXEMPTIONS.—
Information exempt from disclosure under subsection (a)
shall not be published or disclosed, except that such infor-
mation—
(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;
(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.
(c) NOTICE OF DISCLOSURE.—If the United States
National Authority, pursuant to subsection (b)(4), pro-
poses to publish or disclose or otherwise provide informa-
tion exempted from disclosure in subsection (a), the
United States National Authority shall, where appro-
priate, notify the person who submitted such information
of the intent to release such information. Where notice has
been provided, the United States National Authority may
not release such information until the expiration of thirty
days after notice has been provided.
(d) 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 the disclosure
or other provision of which is prohibited by subsection (a),
and who knowing that disclosure or provision of such in-
formation is prohibited by such subsection, willfully dis-
closes or otherwise provides the information in any man-
ner to any person, including persons located outside the
territory of the United States, not entitled to receive it,
shall be fined under title 18, United States Code, or im-
prisoned for not more than five years, or both.
(e) INTERNATIONAL INSPECTORS.—The provisions of
this section on disclosure or provision of information shall
also apply to employees of the Technical Secretariat.
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 PURSUANT TO ARTICLE VI OF THE
CHEMICAL WEAPONS CONVENTION.
(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) the National Authority shall designate rep-
resentatives who may accompany members of an in-
spection team of the Technical Secretariat during
the inspection specified in paragraph (1). The num-
ber of duly designated representatives shall be kept
to the minimum necessary.