DIVISION I--CHEMICAL WEAPONS CONVENTION
SECTION 1. SHORT TITLE.
This Division may be cited as the "Chemical Weapons Convention Implementation Act of 1998".
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. Definitions.
TITLE I--GENERAL PROVISIONS
Sec. 101. Designation of United States National Authority.
Sec. 102. No abridgement of constitutional rights.
Sec. 103. Civil liability of the United States.
TITLE II--PENALTIES FOR UNLAWFUL ACTIVITIES SUBJECT TO THE JURISDICTION
OF THE UNITED STATES
Subtitle A--Criminal and Civil Penalties
Sec. 201. Criminal and civil provisions.
Subtitle B--Revocations of Export Privileges
Sec. 211. Revocations of export privileges.
TITLE III--INSPECTIONS
Sec. 301. Definitions in the title.
Sec. 302. Facility agreements.
Sec. 303. Authority to conduct inspections.
Sec. 304. Procedures for inspections.
Sec. 305. Warrants.
Sec. 306. Prohibited acts relating to inspections.
Sec. 307. National security exception.
Sec. 308. Protection of constitutional rights of contractors.
Sec. 309. Annual report on inspections.
Sec. 310. United States assistance in inspections at private
facilities.
TITLE IV--REPORTS
Sec. 401. Reports required by the United States National Authority.
Sec. 402. Prohibition relating to low concentrations of schedule 2 and 3
chemicals.
Sec. 403. Prohibition relating to unscheduled discrete organic chemicals and
coincidental by products in waste streams.
Sec. 404. Confidentiality of information.
Sec. 405. Recordkeeping violations.
TITLE V--ENFORCEMENT
Sec. 501. Penalties.
Sec. 502. Specific enforcement.
Sec. 503. Expedited judicial review.
TITLE VI--MISCELLANEOUS PROVISIONS
Sec. 601. Repeal.
Sec. 602. Prohibition.
Sec. 603. Bankruptcy actions.
SEC. 3.
DEFINITIONS.
In this Act:
(1) Chemical weapon.--The
term "chemical weapon" means the following, together or
separately:
(B) Ammunition 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.
(2) Chemical weapons
convention; convention.--The terms "Chemical Weapons
Convention" and "Convention" mean the Convention on the
Prohibition of the Development, Production, 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 properties
of the final product and reacts rapidly with other chemicals 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) Organization.--The
term "Organization" means the Organization for the Prohibition
of Chemical Weapons.
(6) Person.--The term
"person", except as otherwise provided, 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.--
(8) Purposes not
prohibited by this act.--The term "purposes not prohibited by this
Act" means the following:
(A) Peaceful
purposes.--Any peaceful purpose related to an industrial,
agricultural, research, medical, or pharmaceutical activity or other
activity.
(9) Technical
secretariat.--The term "Technical Secretariat" means the
Technical Secretariat of the Organization 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
(<ls-thn-eq>C<INF>10</INF>, incl. cycloalkyl) alkyl
(Me, Et, n-Pr or i-Pr)-phosphonofluoridates
(e.g. Sarin: O-Isopropyl methylphosphonofluoridate Soman: O-Pinacolyl
methylphosphonofluoridate).
(B) O-Alkyl
(<ls-thn-eq>C<INF>10</INF>, 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
<ls-thn-eq>C<INF>10</INF>, incl.
cycloalkyl) S-2-dialkyl
(Me, Et, n-Pr or i-Pr)-aminoethyl alkyl
(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.
(I) Alkyl (Me, Et, n-Pr or i-Pr)
phosphonyldifluorides
e.g. DF: Methylphosphonyldifluoride.
(J) O-Alkyl (H or
<ls-thn-eq>C<INF>10</INF>, incl.
cycloalkyl)O-2-dialkyl
(Me, Et, n-Pr or i-Pr)-aminoethyl alkyl
(Me, Et, n-Pr or i-Pr) phosphonites and corresponding
alkylated or protonated salts
e.g. QL: O-Ethyl O-2-diisopropylaminoethyl
methylphosphonite.
(11) Schedule 2 chemical
agent.--The term 'Schedule 2 chemical agent' means the following,
together or separately:
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(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.
(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 corresponding 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.
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(12) Schedule 3 chemical agent.--The term
'Schedule 3 chemical agent' means any 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.
(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--
(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 Enforcement Act, as amended (46 U.S.C., App. sec. 1903(b)).
(15) Unscheduled discrete organic
chemical.--The term "unscheduled discrete organic chemical"
means any chemical not listed on any schedule contained in the Annex on
Chemicals of the Convention that belongs to the class of chemical
compounds consisting of all compounds of carbon, except for its oxides,
sulfides, and metal carbonates.
TITLE I--GENERAL
PROVISIONS
SEC. 101.
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 Act 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 Act.
(e) Implementation.--The
President is authorized to implement and carry out the provisions of
this Act 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 Act and the provisions of the
Convention. 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. 102. 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 Act or the Convention.
SEC. 103. CIVIL
LIABILITY OF THE UNITED STATES.
(a) Claims for Taking of Property.--
(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 the Prohibition of Chemical
Weapons, including any member 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 Act or the Convention. For purposes
of this subsection, action taken pursuant to or under the color of
this Act 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.
(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 Act.
(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 Convention,
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--
(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 Act.
(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
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, 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
inspection team of the Technical Secretariat taken pursuant to or under
the color of the Convention or this Act.
(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 Act.
(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 Act; 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, 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.
(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.
(iv) Export-import
bank transactions.--The United States shall not give approval to
guarantee, insure, or extend credit, or to participate in the
extension of credit to a person described in subparagraph (A)
through the Export- Import Bank of the United States.
(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 paragraph (1).
(A) Imposition of
sanctions.--Whenever the President 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 Government, notify the Congress in writing of such
determination and, subject to the requirements of paragraphs (4) and
(5), impose the sanctions provided under subparagraph (B) for a period
of not less than five years.
(i) Arms export transactions.--The
United States Government shall not sell 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.
(iii) Denial of assistance.--No appropriated funds may be used for
the purpose of providing economic assistance, providing military
assistance or grant military education and training, or extending
military credits or making guarantees to a country described in
subparagraph (A).
(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).
(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 be suspended if the sanctioned person, business
entity, or country, 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 Act.
(6) Notification to
congress.--Not later than five days after sanctions become effective
against a foreign person pursuant to this Act, the President shall
transmit written notification 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
confidential 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 Act;
(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 business 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--
(D) any operating requirement, input,
or result that identifies any type or quantity of chemicals used,
processed, or produced, or
TITLE II--PENALTIES FOR
UNLAWFUL ACTIVITIES SUBJECT TO THE JURISDICTION OF THE UNITED STATES
Subtitle A--Criminal and
Civil Penalties
SEC. 201. 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 emergencies.
"229F. Definitions.
"Sec. 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).M
"(b) Exempted Agencies and Persons.--
"(1) In
general.--Subsection (a) does not apply to the retention, ownership,
possession, transfer, or receipt of a chemical weapon by a department,
agency, or other entity of the United States, or by a person described
in paragraph (2), pending destruction of the weapon.
"(2) Exempted persons.--A person
referred to in paragraph (1) is--
"(A) any person,
including a member of the Armed Forces of the United States, who is
authorized by law or by an appropriate officer of the United States to
retain, own, possess, transfer, or receive the chemical weapon; or
"(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;
"(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.
"Sec. 229A. Penalties
"(a) Criminal Penalties.--
"(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.
"Sec. 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--
"(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 proceeds 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)
General.--Property subject to forfeiture under this section, any seizure
and disposition thereof, and any administrative or judicial proceeding
in relation thereto, shall be governed 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
subsections to--
"(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
an information or 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
conviction, be subject to forfeiture under this section and exigent
circumstances exist that place the life or health of any person in
danger.
"(c) Affirmative
Defense.--It is an affirmative defense against a forfeiture under
subsection (b) that the property--
"(d) Destruction or
Other Disposition.--The Attorney General shall provide for the
destruction or other appropriate disposition 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.
"Sec. 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.
"Sec. 229D. Injunctions
"The United States may obtain in a
civil action an injunction against--
"Sec. 229E. Requests
for military assistance to enforce prohibition 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 accordance with section 382(f)(2) of title 10.
"Sec. 229F. Definitions
"In this chapter:
"(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.
"(2) Chemical
weapons convention; convention.--The terms 'Chemical Weapons Convention'
and 'Convention' mean the Convention on the Prohibition of the
Development, Production, Stockpiling and Use of Chemical Weapons and on
Their Destruction, opened for signature on January 13, 1993.
"(5) Person.--The
term 'person', except as otherwise provided, 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
multicomponent 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 contained 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.
"(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.
"(B) List of toxic
chemicals.--Toxic chemicals which have been identified for the
application of verification measures under Article VI of the
Convention are listed in schedules 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 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 (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 Enforcement Act, as amended (46 U.S.C., App. sec.
1903(b)).".
(b) Conforming Amendments.--
(1) Weapons of mass
destruction.--Section 2332a of title 18, United States Code, is
amended--
(A) by striking
"Sec. 2332a. Use of weapons of mass destruction" and
inserting "Sec. 2332a. Use of certain weapons of mass
destruction";
(B) in subsection
(a), by inserting "(other than a chemical weapon as that term
is defined in section 229F)" after "weapon of mass
destruction"; and
(C) in subsection
(b), by inserting "(other than a chemical 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.
Subtitle B--Revocations
of Export Privileges
If the President
determines, after notice and an opportunity for a hearing in accordance
with sectin 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)).
(a) In General.--In this title, the terms
"challenge inspection", "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 title, the term "judge of the United States"
means a judge or magistrate judge of a district court of the United
States.
(a) Authorization of
Inspections.--Inspections by the Technical 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 inspection 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 practicable
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 inspection 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.
(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
title.
(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 designation 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 Investigation, as designated by the Federal
Bureau of Investigation, accompanies each inspection team visit
pursuant to paragraph (1);
(B) no employee of the
Environmental Protection Agency or the Occupational Safety and Health
Administration accompanies any inspection team visit conducted
pursuant to paragraph (1); and
(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 terrorist act or
activity;
(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.
(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 305, except where other procedures are provided in a
facility agreement entered into under section 302.
(b) Notice.--
(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 inspection 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
inspection 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.
(A) In general.--The
notice under paragraph (1) shall include all appropriate information
supplied by the Technical Secretariat to the United States National
Authority concerning--
(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
appropriate 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 Technical 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 provisions 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 305 or a facility
agreement entered into under section 302, an inspection conducted under
this title 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 title shall extend
to--
(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 sample shall be
taken by representatives of the premises or the inspection team or other
individuals present. No sample collected in the United States pursuant
to an inspection permitted by this Act 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 regulations 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.
(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 Government
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 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 relating 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 title IV of this Act 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 declarations;
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 inspections 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 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 activities
carried out there, taking into account the respective 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
geographical distribution of inspections; and
(II) the
information on the declared sites available to the Technical
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 paragraph (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
observers 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
Convention, 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 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;
(v) the items,
documents, data, equipment, and computers that may be inspected or
seized;
SEC. 306. 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
Act.
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.
(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 CONTRACTORS.
"
(a)Prohibition.--A contractor may not be required, as a condition for
entering into a contract with the Federal Government, 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 3 of such Act.)
"(b)
Construction.--Nothing in subsection (a) shall be construed 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 contract 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.".
(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 Convention 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 title IV of this Act.
(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 inspectors 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 inspections 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 committees" 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.
(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.
(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 assistance 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--
TITLE IV--REPORTS
SEC. 401. 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 efficient
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.--
(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 Act or any other law.
(2) Definition.--As
used in paragraph (1), the term "Federal agency" has the
meaning given the term "agency" in section 551(1) of title
5, United States Code.
(a) Prohibition.--Notwithstanding any
other provision of this Act, 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--
(b) Standard for Measurement of
Concentration.--The percent concentration of a chemical in a substance
shall be measured on the basis of volume or total weight, which
measurement yields the lesser percent.
(a) Prohibition.--Notwithstanding any
other provision of this Act, 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 production 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.
(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 103(g),
reported to, or otherwise acquired by, the United States Government
under this Act 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
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 Act or any other law, and shall be
disclosed or otherwise provided when relevant in any proceeding under
this Act or any other law, except that disclosure or provision in such
a proceeding shall be made in such manner as to preserve
confidentiality to the extent practicable without impairing the
proceeding.
(c) Information Disclosed in the National
Interest.--
(1) Authority.--The
United States Government shall disclose any information reported to,
or otherwise required by the United States Government under this Act
or the Convention, 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 paragraph (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--
(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 notwithstanding the objections.
(d) Criminal Penalty for Wrongful
Disclosure.--Any officer 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 of such information is prohibited by such subsection,
willfully discloses 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 Act.
(f) International Inspectors.--The
provisions of this section shall also apply to employees of the
Technical Secretariat.
It shall be unlawful for any person
willfully to fail or refuse--
(1) to establish or
maintain any record required by this Act or any regulation
prescribed under this Act;
(2) to submit any
report, notice, or other information to the United States Government
in accordance with this Act or any regulation prescribed under this
Act; or
(3) to permit access
to or copying of any record that is exempt from disclosure under
this Act or any regulation prescribed under this Act.
TITLE V--ENFORCEMENT
SEC. 501. PENALTIES.
(a) Civil.--
(A) Prohibited acts
relating to inspections.--Any person that is determined, in accordance
with paragraph (2), to have violated section 306 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 paragraph, 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 violated section 405 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.
(A) In general.--Before
imposing an order described in paragraph (1) against a person under
this subsection for a violation of section 306 or 405, 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.
(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 306 or 405, 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
decision 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.
(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.
(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 provision of section 306 or 405 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.
(a) Jurisdiction.--The district courts of
the United States shall have jurisdiction over civil actions to--
(1) restrain any
violation of section 306 or 405 of this Act; and
(2) compel the taking
of any action required by or under this Act 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 constituting a violation of section 306 or 405
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 business.
(2) Service of
process.--In 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.
(a) Civil Action.--Any person or entity
subject to a search under this Act may file a civil action challenging
the constitutionality of any provision of this Act. Notwithstanding
any other provision 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.
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.
(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.
(b) Construction.--Nothing in subsection
(a) may be construed to prohibit actions carried out for purposes not
prohibited by this Act (as defined in section 3(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 substance, or any naturally
occurring, bio-engineered or synthesized component of any such
micro-organism, pathogen, or infectious substance, 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. 603. BANKRUPTCY
ACTIONS.
Section 362(b) of title 11, United States
Code, is amended--
"(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 Chemical 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 judgement 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;".
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