[Congressional Bills 105th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2709 Placed on Calendar Senate (PCS)]





                                                       Calendar No. 299

105th CONGRESS

  2d Session

                               H. R. 2709

_______________________________________________________________________

                                 AN ACT

   To impose certain sanctions on foreign persons who transfer items 
    contributing to Iran's efforts to acquire, develop, or produce 
  ballistic missiles, and to implement the obligations of the United 
             States under the Chemical Weapons Convention.

_______________________________________________________________________

                            January 27, 1998

            Read the second time and placed on the calendar





                                                       Calendar No. 299
105th CONGRESS
  2d Session
                                H. R. 2709


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                           November 13, 1997

                    Received and read the first time

                            January 27, 1998

            Read the second time and placed on the calendar

_______________________________________________________________________

                                 AN ACT


 
   To impose certain sanctions on foreign persons who transfer items 
    contributing to Iran's efforts to acquire, develop, or produce 
  ballistic missiles, and to implement the obligations of the United 
             States under the Chemical Weapons Convention.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

             TITLE I--IRAN MISSILE PROLIFERATION SANCTIONS

SEC. 101. SHORT TITLE.

    This title may be cited as the ``Iran Missile Proliferation 
Sanctions Act of 1997''.

SEC. 102. REPORTS ON MISSILE PROLIFERATION TO IRAN.

    (a) Reports.--Except as provided in subsection (c), the President 
shall, at the times specified in subsection (b), submit to the 
Committee on International Relations of the House of Representatives 
and the Committee on Foreign Relations of the Senate a report 
identifying every foreign person with respect to whom there is credible 
information indicating that that person, on or after August 8, 1995--
            (1)(A) transferred items on the MTCR Annex, or items that 
        the United States proposes for addition to the MTCR Annex, that 
        contributed to Iran's efforts to acquire, develop, or produce 
        ballistic missiles, or
            (B) provided technical assistance or facilities which the 
        President deems to be of concern because of their direct 
        contribution to Iran's efforts to acquire, develop, or produce 
        ballistic missiles; or
            (2)(A) attempted to transfer items on the MTCR Annex, or 
        items that the United States proposes for addition to the MTCR 
        Annex, that would have contributed to Iran's efforts to 
        acquire, develop, or produce ballistic missiles, or
            (B) attempted to provide technical assistance or facilities 
        which the President deems to be of concern because of their 
        direct contribution to Iran's efforts to acquire, develop, or 
        produce ballistic missiles.
    (b) Timing of Reports.--The reports under subsection (a) shall be 
submitted not later than 30 days after the date of the enactment of 
this Act, not later than 180 days after such date of enactment, not 
later than 1 year after such date of enactment, and not later than the 
end of each 1-year period thereafter.
    (c) Exceptions.--Any foreign person who--
            (1) was identified in a previous report submitted under 
        subsection (a) on account of a particular transfer, 
        transaction, or attempt,
            (2) has engaged in a transfer or transaction that was the 
        basis for the imposition of sanctions with respect to that 
        person under section 73 of the Arms Export Control Act or 
        section 1604 of the Iran-Iraq Arms Non-Proliferation Act of 
        1992,
            (3) may have engaged in a transfer or transaction, or made 
        an attempt, that was the subject of a waiver under section 104, 
        or
            (4) has engaged in a transfer or transaction, or made an 
        attempt, on behalf of, or in concert with, the Government of 
        the United States,
is not required to be identified on account of that same transfer, 
transaction, or attempt in any report submitted thereafter under this 
section.
    (d) Submission in Classified Form.--When the President considers it 
appropriate, reports submitted under subsection (a), or appropriate 
parts thereof, may be submitted in classified form.

SEC. 103. IMPOSITION OF SANCTIONS.

    (a) Requirement To Impose Sanctions.--
            (1) Requirement to impose sanctions.--The sanctions 
        described in subsection (b) shall be imposed on--
                    (A) any foreign person identified under subsection 
                (a)(1) of section 102 in a report submitted under that 
                section, and
                    (B) any foreign person identified under subsection 
                (a)(2) of section 102 in a report submitted under that 
                section, if that person has been identified in that 
                report or a previous report as having made at least 1 
                other attempt described in subsection (a)(2) of that 
                section.
            (2) Effective date of sanctions.--The sanctions shall be 
        effective--
                    (A) 30 days after the report triggering the 
                sanction is submitted, if the report is submitted on or 
                before the date required by section 102(b);
                    (B) 30 days after the date required by section 
                102(b) for submitting the report, if the report 
                triggering the sanction is submitted within 30 days 
                after that date; and
                    (C) on the date that the report triggering the 
                sanction is submitted, if that report is submitted more 
                than 30 days after the date required by section 102(b).
    (b) Description of Sanctions.--The sanctions referred to in 
subsection (a) that are to be imposed on a foreign person described in 
that subsection are the following:
            (1) Arms export sanction.--For a period of not less than 2 
        years, the United States Government shall not sell to that 
        person any item on the United States Munitions List as in 
        effect on August 8, 1995, and shall terminate sales to that 
        person of any defense articles, defense services, or design and 
        construction services under the Arms Export Control Act.
            (2) Dual use sanction.--For a period of not less than 2 
        years, the authorities of section 6 of the Export 
        Administration Act of 1979 shall be used to prohibit the export 
        to that person of any goods or technology on the control list 
        established under section 5(c)(1) of that Act.
            (3) United states assistance.--For a period of not less 
        than 2 years, the United States Government shall not provide 
        any assistance in the form of grants, loans, credits, 
        guarantees, or otherwise, to that person.

SEC. 104. WAIVER ON BASIS OF ADDITIONAL INFORMATION.

    (a) In General.--The President may waive the imposition of any 
sanction that would otherwise be required under section 103 on any 
foreign person 15 days after the President determines and reports to 
the Committee on International Relations of the House of 
Representatives and the Committee on Foreign Relations of the Senate 
that, on the basis of information provided by that person, or otherwise 
obtained by the President, the President is persuaded that the person 
did not, on or after August 8, 1995--
            (1)(A) transfer items on the MTCR Annex, or items that the 
        United States proposes for addition to the MTCR Annex, that 
        contributed to Iran's efforts to acquire, develop, or produce 
        ballistic missiles, or
            (B) provide technical assistance or facilities which the 
        President deems to be of concern because of their direct 
        contribution to Iran's efforts to acquire, develop, or produce 
        ballistic missiles; or
            (2) attempt on more than one occasion--
                    (A) to transfer items on the MTCR Annex, or items 
                that the United States proposes for addition to the 
                MTCR Annex, that would have contributed to Iran's 
                efforts to acquire, develop, or produce ballistic 
                missiles, or
                    (B) to provide technical assistance or facilities 
                described in paragraph (1)(B).
    (b) Written Justification.--The determination and report of the 
President under subsection (a) shall include a written justification 
describing in detail--
            (1) the credible information indicating that the person--
                    (A) transferred items described in section 
                102(a)(1)(A), or provided technical assistance or 
                facilities described in section 102(a)(1)(B); or
                    (B) attempted to transfer items described in 
                section 102(a)(1)(A), or attempted to provide technical 
                assistance or facilities described in section 
                102(a)(1)(B);
            (2) the additional information which persuaded the 
        President that the person did not--
                    (A) transfer items described in section 
                102(a)(1)(A), or provide technical assistance or 
                facilities described in section 102(a)(1)(B); or
                    (B) attempt to transfer items described in section 
                102(a)(1)(A), or attempt to provide technical 
                assistance or facilities described in section 
                102(a)(1)(B); and
            (3) the analysis of the information supporting the 
        President's conclusion.
    (c) Submission in Classified Form.--When the President considers it 
appropriate, the determination and report of the President under 
subsection (a) and the written justification under subsection (b), or 
appropriate parts thereof, may be submitted in classified form.

SEC. 105. WAIVER ON BASIS OF NATIONAL SECURITY.

    (a) In General.--The President may waive the imposition of any 
sanction that would otherwise be required under section 103 on any 
foreign person 15 days after the President determines and reports to 
the Committee on International Relations of the House of 
Representatives and the Committee on Foreign Relations of the Senate 
that such waiver is essential to the national security of the United 
States.
    (b) Written Justification.--The determination and report of the 
President under subsection (a) shall include a written justification 
describing in detail the facts and circumstances supporting the 
President's conclusion.
    (c) Submission in Classified Form.--When the President considers it 
appropriate, the determination and report of the President under 
subsection (a) and the written justification under subsection (b), or 
appropriate parts thereof, may be submitted in classified form.

SEC. 106. ADDITIONAL INFORMATION REGARDING ACTIONS BY GOVERNMENT OF 
              PRIMARY JURISDICTION.

    As part of each report submitted under section 102, the President 
shall include the following information with respect to each foreign 
person identified in that report:
            (1) A statement regarding whether the government of primary 
        jurisdiction over that person was aware of the activities that 
        were the basis for the identification of that person in the 
        report.
            (2) If the government of primary jurisdiction was not aware 
        of the activities that were the basis for the identification of 
        that person in the report, an explanation of the reasons why 
        the United States Government did not inform that government of 
        those activities.
            (3) If the government of primary jurisdiction was aware of 
        the activities that were the basis for the identification of 
        that person in the report, a description of the efforts, if 
        any, undertaken by that government to prevent those activities, 
        and an assessment of the effectiveness of those efforts, 
        including an explanation of why those efforts failed.
            (4) If the government of primary jurisdiction was aware of 
        the activities that were the basis for the identification of 
        that person in the report and failed to undertake effective 
        efforts to prevent those activities, a description of any 
        sanctions that have been imposed on that government by the 
        United States Government because of such failure.

SEC. 107. PURCHASE OF WEAPONS TECHNOLOGY.

    (a) Sense of the Congress.--It is the sense of the Congress that 
the President should exercise the authority granted to him under 
section 504 of the Freedom for Russia and Emerging Eurasian Democracies 
and Open Markets Support Act of 1992 (22 U.S.C. 5854)--
            (1) to prevent the transfer of weapons-related material and 
        delivery systems to Iran through the purchase, barter, or other 
        acquisition of such material and delivery systems; and
            (2) to prevent the transfer to Iran of scientific and 
        technical expertise with respect to such weapons-related 
        material and delivery systems.
    (b) Availability of Amounts.--Amounts hereafter made available, 
subject to the availability of appropriations, to carry out chapter 11 
of part I of the Foreign Assistance Act of 1961 (22 U.S.C. 2295 et 
seq.; relating to assistance for the independent states of the former 
Soviet Union) may be used to carry out subsection (a).

SEC. 108. DEFINITIONS.

    For the purposes of this title--
            (1) the terms ``foreign person'' and ``person'' mean--
                    (A) a natural person that is an alien;
                    (B) a corporation, business association, 
                partnership, society, trust, or any other 
                nongovernmental entity, organization, or group, that is 
                organized under the laws of a foreign country or has 
                its principal place of business in a foreign country;
                    (C) any foreign governmental entity operating as a 
                business enterprise; and
                    (D) any successor or subsidiary of any entity 
                described in subparagraph (B) or (C);
            (2) the term ``government of primary jurisdiction'' means--
                    (A) in the case of a natural person, the foreign 
                government of the country of which the person is a 
                citizen or national;
                    (B) in the case of an entity described in 
                subparagraph (B) of paragraph (1), the foreign 
                government of the country in which the entity has its 
                principal place of business, or the foreign government 
                under whose laws that entity is organized; and
                    (C) in the case of a foreign governmental entity 
                described in subparagraph (C) of paragraph (1), the 
                foreign government of which that entity is a part; and
            (3) the term ``MTCR Annex'' has the meaning given that term 
        in section 11B(c)(4) of the Export Administration Act of 1979 
        (50 U.S.C. 2410b(c)(4)).

          TITLE II--CHEMICAL WEAPONS CONVENTION IMPLEMENTATION

SEC. 201. SHORT TITLE.

    This title may be cited as the ``Chemical Weapons Convention 
Implementation Act of 1997''.

SEC. 202. TABLE OF CONTENTS.

    The table of contents for this title is as follows:

Sec. 201. Short title.
Sec. 202. Table of contents.
Sec. 203. Definitions.
                     Subtitle A--General Provisions

Sec. 211. Designation of United States National Authority.
Sec. 212. No abridgement of constitutional rights.
Sec. 213. Civil liability of the United States.
     Subtitle B--Penalties for Unlawful Activities Subject to the 
                   Jurisdiction of the United States

                Chapter 1--Criminal and Civil Penalties

Sec. 221. Criminal and civil provisions.
              Chapter 2--Revocations of Export Privileges

Sec. 222. Revocations of export privileges.
                        Subtitle C--Inspections

Sec. 231. Definitions in the subtitle.
Sec. 232. Facility agreements.
Sec. 233. Authority to conduct inspections.
Sec. 234. Procedures for inspections.
Sec. 235. Warrants.
Sec. 236. Prohibited acts relating to inspections.
Sec. 237. National security exception.
Sec. 238. Protection of constitutional rights of contractors.
Sec. 239. Annual report on inspections.
Sec. 240. United States assistance in inspections at private 
                            facilities.
                          Subtitle D--Reports

Sec. 251. Reports required by the United States National Authority.
Sec. 252. Prohibition relating to low concentrations of schedule 2 and 
                            3 chemicals.
Sec. 253. Prohibition relating to unscheduled discrete organic 
                            chemicals and coincidental byproducts in 
                            waste streams.
Sec. 254. Confidentiality of information.
Sec. 255. Recordkeeping violations.
                        Subtitle E--Enforcement

Sec. 261. Penalties.
Sec. 262. Specific enforcement.
Sec. 263. Expedited judicial review.
                  Subtitle F--Miscellaneous Provisions

Sec. 271. Repeal.
Sec. 272. Prohibition.
Sec. 273. Bankruptcy actions.

SEC. 203. DEFINITIONS.

    In this title:
            (1) Chemical weapon.--The term ``chemical weapon'' means 
        the following, together or separately:
                    (A) A toxic chemical and its precursors, except 
                where intended for a purpose not prohibited under this 
                title as long as the type and quantity is consistent 
                with such a purpose.
                    (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.
                    (C) Any equipment specifically designed for use 
                directly in connection with the employment of munitions 
                or devices specified in subparagraph (B).
            (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.--
                    (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.
            (8) Purposes not prohibited by this title.--The term 
        ``purposes not prohibited by this title'' means the following:
                    (A) Peaceful purposes.--Any peaceful purpose 
                related to an industrial, agricultural, research, 
                medical, or pharmaceutical activity or other activity.
                    (B) Protective purposes.--Any purpose directly 
                related to protection against toxic chemicals and to 
                protection against chemical weapons.
                    (C) Unrelated military purposes.--Any military 
                purpose of the United States that is not connected with 
                the use of a chemical weapon and that is not dependent 
                on the use of the toxic or poisonous properties of the 
                chemical weapon to cause death or other harm.
                    (D) Law enforcement purposes.--Any law enforcement 
                purpose, including any domestic riot control purpose 
                and including imposition of capital punishment.
            (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.
                    (E) Lewisites:
                            Lewisite 1: 2-Chlorovinyldichloroarsine
                            Lewisite 2: Bis(2-chlorovinyl)chloroarsine
                            Lewisite 3: Tris (2-clorovinyl)arsine.
                    (F) Nitrogen mustards:
                            HN1: Bis(2-chloroethyl)ethylamine
                            HN2: Bis(2-chloroethyl)methylamine
                            HN3: Tris(2-chloroethyl)amine.
                    (G) Saxitoxin.
                    (H) Ricin.
                    (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.
                    (K) Chlorosarin: O-Isopropyl 
                methylphosphonochloridate.
                    (L) Chlorosoman: O-Pinacolyl 
                methylphosphonochloridate.
            (11) Schedule 2 chemical agent.--The term `Schedule 2 
        chemical agent' means the following, together or separately:
                    (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.
            (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.
                    (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.
            (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--
                    (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 Law 
                Enforcement Act (46 U.S.C. App. 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.

                     Subtitle A--General Provisions

SEC. 211. 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 title 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 title.
    (e) Implementation.--The President is authorized to implement and 
carry out the provisions of this title 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 title 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. 212. 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 title or the Convention.

SEC. 213. CIVIL LIABILITY OF THE UNITED STATES.

    (a) Claims for Taking of Property.--
            (1) Jurisdiction of courts of the united states.--
                    (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 title or the Convention. For purposes of this 
                subsection, action taken pursuant to or under the color 
                of this title 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.
            (2) Notification.--Any person intending to bring a civil 
        action pursuant to paragraph (1) shall notify the United States 
        National Authority of that intent at least one year before 
        filing the claim in the United States Court of Federal Claims. 
        Action on any claim filed during that one-year period shall be 
        stayed. The one-year period following the notification shall 
        not be counted for purposes of any law limiting the period 
        within which the civil action may be commenced.
            (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 title.
            (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--
                    (A) the value of proprietary information;
                    (B) the availability of the proprietary 
                information;
                    (C) the extent to which the proprietary information 
                is based on patents, trade secrets, or other protected 
                intellectual property;
                    (D) the significance of proprietary information; 
                and
                    (E) the emergence of technology elsewhere a 
                reasonable time after the inspection.
    (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 title.
    (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 title.
    (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 title.
            (2) Sanctions on foreign companies.--
                    (A) Imposition of sanctions.--The sanctions 
                provided in subparagraph (B) shall be imposed for a 
                period of not less than ten years upon--
                            (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 title; 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.
                    (B) Sanctions.--
                            (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.
                            (ii) Sanctions under export administration 
                        act of 1979.--The authorities under section 6 
                        of the Export Administration Act of 1979 shall 
                        be used to prohibit the export of any goods or 
                        technology on the control list established 
                        pursuant to section 5(c)(1) of that Act to a 
                        person described in subparagraph (A).
                            (iii) International financial assistance.--
                        The United States shall oppose any loan or 
                        financial or technical assistance by 
                        international financial institutions in 
                        accordance with section 701 of the 
                        International Financial Institutions Act to a 
                        person described in subparagraph (A).
                            (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.
                            (v) Private bank transactions.--Regulations 
                        shall be issued to prohibit any United States 
                        bank from making any loan or providing any 
                        credit to a person described in subparagraph 
                        (A).
                            (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).
                            (vii) Denial of landing rights.--Landing 
                        rights in the United States shall be denied to 
                        any private aircraft or air carrier owned by a 
                        person 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.
            (3) Sanctions on foreign governments.--
                    (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.
                    (B) Sanctions.--
                            (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.
                            (ii) Denial of certain licenses.--Licenses 
                        shall not be issued for the export to the 
                        sanctioned country of any item on the United 
                        States Munitions List or commercial satellites.
                            (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).
                            (iv) Sanctions under export administration 
                        act of 1979.--The authorities of section 6 of 
                        the Export Administration Act of 1979 shall be 
                        used to prohibit the export of any goods or 
                        technology on the control list established 
                        pursuant to section 5(c)(1) of that Act to a 
                        country described in subparagraph (A).
                            (v) International financial assistance.--
                        The United States shall oppose any loan or 
                        financial or technical assistance by 
                        international financial institutions in 
                        accordance with section 701 of the 
                        International Financial Institutions Act to a 
                        country described in subparagraph (A).
                            (vi) Termination of assistance under 
                        foreign assistance act of 1961.--The United 
                        States shall terminate all assistance to a 
                        country described in subparagraph (A) under the 
                        Foreign Assistance Act of 1961, except for 
                        urgent humanitarian assistance.
                            (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).
                            (viii) Private bank transactions.--
                        Regulations shall be issued to prohibit any 
                        United States bank from making any loan or 
                        providing any credit 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 title.
            (5) Waiver of sanctions on foreign countries.--The 
        President may waive some or all of the sanctions provided under 
        paragraph (3) in a particular case if he determines and 
        certifies in writing to the Speaker of the House of 
        Representatives and the Committee on Foreign Relations of the 
        Senate that such waiver is necessary to protect the national 
        security interests of the United States. The certification 
        shall set forth the reasons supporting the determination and 
        shall take effect on the date on which the certification is 
        received by the Congress.
            (6) Notification to congress.--Not later than five days 
        after sanctions become effective against a foreign person 
        pursuant to this title, 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 title;
            (2) traffics in United States confidential business 
        information, a proven claim to which is owned by a United 
        States national;
            (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--
            (1) including--
                    (A) data described in section 234(e)(2) of this 
                Act,
                    (B) any chemical structure,
                    (C) any plant design process, technology, or 
                operating method,
                    (D) any operating requirement, input, or result 
                that identifies any type or quantity of chemicals used, 
                processed, or produced, or
                    (E) any commercial sale, shipment, or use of a 
                chemical, or
            (2) as described in section 552(b)(4) of title 5, United 
        States Code,
and that is obtained--
            (i) from a United States person; or
            (ii) through the United States Government or the conduct of 
        an inspection on United States territory under the Convention.

     Subtitle B--Penalties for Unlawful Activities Subject to the 
                   Jurisdiction of the United States

                CHAPTER 1--CRIMINAL AND CIVIL PENALTIES

SEC. 221. 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).
    ``(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
                    ``(B) in an emergency situation, any otherwise 
                nonculpable person if the person is attempting to 
                destroy or seize the weapon.
    ``(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;
            ``(2) takes place outside of the United States and is 
        committed by a national of the United States;
            ``(3) is committed against a national of the United States 
        while the national is outside the United States; or
            ``(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.--
            ``(1) In general.--Any person who violates section 229 of 
        this title shall be fined under this title, or imprisoned for 
        any term of years, or both.
            ``(2) Death penalty.--Any person who violates section 229 
        of this title and by whose action the death of another person 
        is the result shall be punished by death or imprisoned for 
        life.
    ``(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) `this subchapter or subchapter II' shall be 
                deemed to be a reference to section 229A(a); and
                    ``(B) `subsection (a)' shall be deemed to be a 
                reference to subsection (a) of this section.
            ``(2) Temporary restraining orders.--
                    ``(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.
                    ``(B) Warrant of seizure.--If the court enters a 
                temporary restraining order under this paragraph, it 
                shall also issue a warrant authorizing the seizure of 
                such property.
                    ``(C) Applicable procedures.--The procedures and 
                time limits applicable to temporary restraining orders 
                under section 413(e) (2) and (3) of the Comprehensive 
                Drug Abuse Prevention and Control Act of 1970 (21 
                U.S.C. 853(e) (2) and (3)) shall apply to temporary 
                restraining orders under this paragraph.
    ``(c) Affirmative Defense.--It is an affirmative defense against a 
forfeiture under subsection (b) that the property--
            ``(1) is for a purpose not prohibited under the Chemical 
        Weapons Convention; and
            ``(2) is of a type and quantity that under the 
        circumstances is consistent with that purpose.
    ``(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--
            ``(1) the conduct prohibited under section 229 or 229C of 
        this title; or
            ``(2) the preparation or solicitation to engage in conduct 
        prohibited under section 229 or 229D of this title.
``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:
            ``(1) Chemical weapon.--The term `chemical weapon' means 
        the following, together or separately:
                    ``(A) A toxic chemical and its precursors, except 
                where intended for a purpose not prohibited under this 
                chapter as long as the type and quantity is consistent 
                with such a purpose.
                    ``(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.
                    ``(C) Any equipment specifically designed for use 
                directly in connection with the employment of munitions 
                or devices specified in subparagraph (B).
            ``(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) 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.
                    ``(B) Protective purposes.--Any purpose directly 
                related to protection against toxic chemicals and to 
                protection against chemical weapons.
                    ``(C) Unrelated military purposes.--Any military 
                purpose of the United States that is not connected with 
                the use of a chemical weapon or that is not dependent 
                on the use of the toxic or poisonous properties of the 
                chemical weapon to cause death or other harm.
                    ``(D) Law enforcement purposes.--Any law 
                enforcement purpose, including any domestic riot 
                control purpose and including imposition of capital 
                punishment.
            ``(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;
                    ``(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; and
                    ``(C) any vessel of the United States, as such term 
                is defined in section 3(b) of the Maritime Drug Law 
                Enforcement Act (46 U.S.C. App. 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.

              CHAPTER 2--REVOCATIONS OF EXPORT PRIVILEGES

SEC. 222. REVOCATIONS OF EXPORT PRIVILEGES.

    If the President determines, after notice and an opportunity for a 
hearing in accordance with section 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)).

                        Subtitle C--Inspections

SEC. 231. DEFINITIONS IN THE SUBTITLE.

    (a) In General.--In this subtitle, 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 subtitle, 
the term ``judge of the United States'' means a judge or magistrate 
judge of a district court of the United States.

SEC. 232. FACILITY AGREEMENTS.

    (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.

SEC. 233. AUTHORITY TO CONDUCT INSPECTIONS.

    (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 subtitle.
    (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
                    (C) the number of duly designated representatives 
                shall be kept to the minimum necessary.
            (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;
                            (ii) such individual has committed any act 
                        or activity which would be a felony under the 
                        laws of the United States; or
                            (iii) the participation of such individual 
                        as a member of an inspection team would pose a 
                        risk to the national security or economic well-
                        being of the United States.
                    (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.

SEC. 234. PROCEDURES FOR INSPECTIONS.

    (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 235, 
except where other procedures are provided in a facility agreement 
entered into under section 232.
    (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.
            (3) Content of notice.--
                    (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--
                            (i) the type of inspection;
                            (ii) the basis for the selection of the 
                        plant, plant site, or other facility or 
                        location for the type of inspection sought;
                            (iii) the time and date that the inspection 
                        will begin and the period covered by the 
                        inspection; and
                            (iv) the names and titles of the 
                        inspectors.
                    (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 235 or a facility agreement entered into under 
        section 232, an inspection conducted under this subtitle 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 subtitle shall extend to--
                    (A) financial data;
                    (B) sales and marketing data (other than shipment 
                data);
                    (C) pricing data;
                    (D) personnel data;
                    (E) research data;
                    (F) patent data;
                    (G) data maintained for compliance with 
                environmental or occupational health and safety 
                regulations; or
                    (H) personnel and vehicles entering and personnel 
                and personal passenger vehicles exiting the facility.
    (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 title 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.

SEC. 235. WARRANTS.

    (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 subtitle D of this title 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;
                                    (II) areas to be inspected;
                                    (III) records and data to be 
                                reviewed; and
                                    (IV) samples to be taken;
                            (iv) appropriate evidence or reasons 
                        provided by the requesting state party for the 
                        inspection;
                            (v) any other evidence showing probable 
                        cause to believe that a violation of this title 
                        has occurred or is occurring; and
                            (vi) the identities of the representatives 
                        of the Technical Secretariat on the inspection 
                        team and the Federal Government employees 
                        accompanying the inspection team.
                    (C) Content of warrant.--The warrant shall 
                specify--
                            (i) the type of inspection authorized;
                            (ii) the purpose of the inspection;
                            (iii) the type of plant site, plant, or 
                        other facility or location to be inspected;
                            (iv) the areas of the plant site, plant, or 
                        other facility or location to be inspected;
                            (v) the items, documents, data, equipment, 
                        and computers that may be inspected or seized;
                            (vi) samples that may be taken;
                            (vii) the earliest commencement and latest 
                        concluding dates and times of the inspection; 
                        and
                            (viii) the identities of the 
                        representatives of the Technical Secretariat on 
                        the inspection teams and the Federal Government 
                        employees accompanying the inspection team.

SEC. 236. 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 title.

SEC. 237. NATIONAL SECURITY EXCEPTION.

    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.

SEC. 238. PROTECTION OF CONSTITUTIONAL RIGHTS OF CONTRACTORS.

    (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 203 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.''.

SEC. 239. ANNUAL REPORT ON INSPECTIONS.

    (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 
        subtitle D of this title.
            (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.

SEC. 240. UNITED STATES ASSISTANCE IN INSPECTIONS AT PRIVATE 
              FACILITIES.

    (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--
                            (i) more than 30 metric tons of Schedule 3 
                        or unscheduled discrete organic chemicals that 
                        contain phosphorous, sulfur, or fluorine; or
                            (ii) more than 200 metric tons of 
                        unscheduled discrete organic chemicals.

                          Subtitle D--Reports

SEC. 251. 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 
        title 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.

SEC. 252. PROHIBITION RELATING TO LOW CONCENTRATIONS OF SCHEDULE 2 AND 
              3 CHEMICALS.

    (a) Prohibition.--Notwithstanding any other provision of this 
title, 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--
            (1) 10 percent concentration of a Schedule 2 chemical; or
            (2) 80 percent concentration of a Schedule 3 chemical.
    (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.

SEC. 253. PROHIBITION RELATING TO UNSCHEDULED DISCRETE ORGANIC 
              CHEMICALS AND COINCIDENTAL BYPRODUCTS IN WASTE STREAMS.

    (a) Prohibition.--Notwithstanding any other provision of this 
title, 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.

SEC. 254. CONFIDENTIALITY OF INFORMATION.

    (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 213(g), 
reported to, or otherwise acquired by, the United States Government 
under this title 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 
        title or any other law, and shall be disclosed or otherwise 
        provided when relevant in any proceeding under this title 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 title 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--
                            (i) to the person that submitted such 
                        information; and
                            (ii) in the case of information about a 
                        person received from another source, to the 
                        person to whom that information pertains.
                The information may not be disclosed until the 
                expiration of 30 days after notice under this paragraph 
                has been provided.
                    (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 title.
    (f) International Inspectors.--The provisions of this section shall 
also apply to employees of the Technical Secretariat.

SEC. 255. RECORDKEEPING VIOLATIONS.

    It shall be unlawful for any person willfully to fail or refuse--
            (1) to establish or maintain any record required by this 
        title or any regulation prescribed under this title;
            (2) to submit any report, notice, or other information to 
        the United States Government in accordance with this title or 
        any regulation prescribed under this title; or
            (3) to permit access to or copying of any record that is 
        exempt from disclosure under this title or any regulation 
        prescribed under this title.

                        Subtitle E--Enforcement

SEC. 261. PENALTIES.

    (a) Civil.--
            (1) Penalty amounts.--
                    (A) Prohibited acts relating to inspections.--Any 
                person that is determined, in accordance with paragraph 
                (2), to have violated section 236 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 255 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.
            (2) Hearing.--
                    (A) In general.--Before imposing an order described 
                in paragraph (1) against a person under this subsection 
                for a violation of section 236 or 255, 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 236 or 255, 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.
            (4) Offsets.--The amount of the civil penalty under a final 
        order of the United States National Authority may be deducted 
        from any sums owed by the United States to the person.
            (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.
            (6) Enforcement of orders.--If a person fails to comply 
        with a final order issued under this subsection against the 
        person or entity--
                    (A) after the order making the assessment has 
                become a final order and if such person does not file a 
                petition for judicial review of the order in accordance 
                with paragraph (5), or
                    (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 236 or 255 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.

SEC. 262. SPECIFIC ENFORCEMENT.

    (a) Jurisdiction.--The district courts of the United States shall 
have jurisdiction over civil actions to--
            (1) restrain any violation of section 236 or 255 of this 
        Act; and
            (2) compel the taking of any action required by or under 
        this title 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 236 
                or 255 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.

SEC. 263. EXPEDITED JUDICIAL REVIEW.

    (a) Civil Action.--Any person or entity subject to a search under 
this title may file a civil action challenging the constitutionality of 
any provision of this title. 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.

                  Subtitle F--Miscellaneous Provisions

SEC. 271. REPEAL.

    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.

SEC. 272. PROHIBITION.

    (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 title 
(as defined in section 203(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. 273. BANKRUPTCY ACTIONS.

    Section 362(b) of title 11, United States Code, is amended--
            (1) by striking paragraphs (4) and (5); and
            (2) by inserting after paragraph (3) the following:
            ``(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 judgment 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;''.

            Passed the House of Representatives November 12, 1997.

            Attest:

                                                ROBIN H. CARLE,

                                                                 Clerk.