[Congressional Bills 105th Congress]
[From the U.S. Government Publishing Office]
[S. 610 Reported in Senate (RS)]





                                                        Calendar No. 60

105th CONGRESS

  1st Session

                                 S. 610

_______________________________________________________________________

                                 A BILL

To implement the obligations of the United States under the Convention 
on the Prohibition of the Development, Production, Stockpiling and Use 
 of Chemical Weapons and on Their Destruction, known as ``the Chemical 
Weapons Convention'' and opened for signature and signed by the United 
                      States on January 13, 1993.

_______________________________________________________________________

                              May 22, 1997

        Reported with an amendment and an amendment to the title





                                                        Calendar No. 60
105th CONGRESS
  1st Session
                                 S. 610

To implement the obligations of the United States under the Convention 
on the Prohibition of the Development, Production, Stockpiling and Use 
 of Chemical Weapons and on Their Destruction, known as ``the Chemical 
Weapons Convention'' and opened for signature and signed by the United 
                      States on January 13, 1993.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             April 17, 1997

   Mr. Lugar (by request) (for himself and Mr. Biden) introduced the 
 following bill; which was read twice and referred to the Committee on 
                             the Judiciary

                              May 22, 1997

 Reported by Mr. Hatch, with an amendment and an amendment to the title
 [Strike out all after the enacting clause and insert the part printed 
                               in italic]

_______________________________________________________________________

                                 A BILL


 
To implement the obligations of the United States under the Convention 
on the Prohibition of the Development, Production, Stockpiling and Use 
 of Chemical Weapons and on Their Destruction, known as ``the Chemical 
Weapons Convention'' and opened for signature and signed by the United 
                      States on January 13, 1993.

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

<DELETED>SECTION 1. SHORT TITLE.</DELETED>

<DELETED>    This Act may be cited as the ``Chemical Weapons Convention 
Implementation Act of 1997.''</DELETED>

<DELETED>SEC. 2. TABLE OF CONTENTS.</DELETED>

<DELETED>    The table of contents for this Act is as 
follows:</DELETED>

<DELETED>Sec. 1. Short title.
<DELETED>Sec. 2. Table of contents.
<DELETED>Sec. 3. Congressional findings.
<DELETED>Sec. 4. Congressional declarations.
<DELETED>Sec. 5. Definitions.
<DELETED>Sec. 6. Severability.
                  <DELETED>TITLE I--NATIONAL AUTHORITY

<DELETED>Sec. 101. Establishment.
 <DELETED>TITLE II--APPLICATION OF CONVENTION PROHIBITIONS TO NATURAL 
                           AND LEGAL PERSONS

<DELETED>Sec. 201. Criminal provisions.
<DELETED>Sec. 202. Effective date.
<DELETED>Sec. 203. Restrictions on scheduled chemicals.
                     <DELETED>TITLE III--REPORTING

<DELETED>Sec. 301. Reporting of information.
<DELETED>Sec. 302. Confidentiality of information.
<DELETED>Sec. 303. Prohibited acts.
                     <DELETED>TITLE IV--INSPECTIONS

<DELETED>Sec. 401. Inspections pursuant to article VI of the Chemical 
                            Weapons Convention.
<DELETED>Sec. 402. Other inspections pursuant to the Chemical Weapons 
                            Convention and lead agency.
<DELETED>Sec. 403. Prohibited acts.
<DELETED>Sec. 404. Penalties.
<DELETED>Sec. 405. Specific enforcement.
<DELETED>Sec. 406. Legal proceedings.
<DELETED>Sec. 407. Authority.
<DELETED>Sec. 408. Saving provision.

<DELETED>SEC. 3. CONGRESSIONAL FINDINGS.</DELETED>

<DELETED>    The Congress makes the following findings:</DELETED>
        <DELETED>    (1) Chemical weapons pose a significant threat to 
        the national security of the United States and are a scourge to 
        humankind.</DELETED>
        <DELETED>    (2) The Chemical Weapons Convention is the best 
        means of ensuring the nonproliferation of chemical weapons and 
        their eventual destruction and forswearing by all 
        nations.</DELETED>
        <DELETED>    (3) The verification procedures contained in the 
        Chemical Weapons Convention and the faithful adherence of 
        nations to them, including the United States, are crucial to 
        the success of the Convention.</DELETED>
        <DELETED>    (4) The declarations and inspections required by 
        the Chemical Weapons Convention are essential for the 
        effectiveness of the verification regime.</DELETED>

<DELETED>SEC. 4. CONGRESSIONAL DECLARATIONS.</DELETED>

<DELETED>    The Congress makes the following declarations:</DELETED>
        <DELETED>    (1) It shall be the policy of the United States to 
        cooperate with other states parties to the Chemical Weapons 
        Convention and to afford the appropriate form of legal 
        assistance to facilitate the implementation of the prohibitions 
        contained in title II of this Act.</DELETED>
        <DELETED>    (2) It shall be the policy of the United States, 
        during the implementation of its obligations under the Chemical 
        Weapons Convention, to assign the highest priority to ensuring 
        the safety of people and to protecting the environment, and to 
        cooperate as appropriate with other states parties to the 
        Convention in this regard.</DELETED>
        <DELETED>    (3) It shall be the policy of the United States to 
        minimize, to the greatest extent practicable, the 
        administrative burden and intrusiveness of measures to 
        implement the Chemical Weapons Convention placed on commercial 
        and other private entities, and to take into account the 
        possible competitive impact of regulatory measures on industry, 
        consistent with the obligations of the United States under the 
        Convention.</DELETED>

<DELETED>SEC. 5. DEFINITIONS.</DELETED>

<DELETED>    (a) In General.--Except as otherwise provided in this Act, 
the definitions of the terms used in this Act shall be those contained 
in the Chemical Weapons Convention. Nothing in paragraphs 2 or 3 of 
article II of the Chemical Weapons Convention shall be construed to 
limit verification activities pursuant to parts X or XI of the Annex on 
Implementation and Verification of the Convention.</DELETED>
<DELETED>    (b) Other Definitions.--</DELETED>
        <DELETED>    (1) The term ``Chemical Weapons Convention'' means 
        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.</DELETED>
        <DELETED>    (2) The term ``national of the United States'' has 
        the same meaning given such term in section 101(a)(22) of the 
        Immigration and Nationality Act (8 U.S.C. 
        1101(a)(22)).</DELETED>
        <DELETED>    (3) The term ``United States,'' when used in a 
        geographical sense, includes all places under the jurisdiction 
        or control of the United States, including (A) any of the 
        places within the provisions of section 101(41) of the Federal 
        Aviation Act of 1958, as amended (49 U.S.C. 40102(41)), (B) any 
        public aircraft or civil aircraft of the United States, as such 
        terms are defined in sections 105 (36) and (18) of the Federal 
        Aviation Act of 1958, as amended (49 U.S.C. 40102(37) and 
        40102(17)), and (C) any vessel of the United States, as such 
        term is defined in section 3(b) of the Maritime Drug 
        Enforcement Act, as amended (46 U.S.C. App. 1903(b)).</DELETED>
        <DELETED>    (4) The term ``person,'' except as used in section 
        201 of this Act and as set forth below, means (A) any 
        individual, corporation, partnership, firm, association, trust, 
        estate, public or private 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; and 
        (B) any legal successor, representative, agent or agency of the 
        foregoing located in the United States. The phrase ``located in 
        the United States'' in the term ``person'' shall not apply to 
        the term ``person'' as use in the phrases ``person located 
        outside the territory'' in sections 203(b) and 302(d) of this 
        Act and ``person located in the territory'' in section 203(b) 
        of this Act.</DELETED>
        <DELETED>    (5) The term ``Technical Secretariat'' means the 
        Technical Secretariat of the Organization for the Prohibition 
        of Chemical Weapons established by the Chemical Weapons 
        Convention.</DELETED>

<DELETED>SEC. 6. SEVERABILITY.</DELETED>

<DELETED>    If any provision of this Act, or the application of such 
provision to any person or circumstance, is held invalid, the remainder 
of this Act, or the application of such provision to persons or 
circumstances other than those as to which it is held invalid, shall 
not be affected thereby.</DELETED>

             <DELETED>TITLE I--NATIONAL AUTHORITY</DELETED>

<DELETED>SEC. 101. ESTABLISHMENT.</DELETED>

<DELETED>    Pursuant to paragraph 4 of article VII of the Chemical 
Weapons Convention, the President or the designee of the President 
shall establish the ``United States National Authority'' to, inter 
alia, serve as the national focal point for effective liaison with the 
Organization for the Prohibition of Chemical Weapons and other states 
parties to the Convention.</DELETED>

 <DELETED>TITLE II--APPLICATION OF CONVENTION PROHIBITIONS TO NATURAL 
                      AND LEGAL PERSONS</DELETED>

<DELETED>SEC. 201. CRIMINAL PROVISIONS.</DELETED>

<DELETED>    (a) In General.--Part I of title 18, United States Code, 
is amended by--</DELETED>
        <DELETED>    (1) redesignating chapter 11A relating to child 
        support as chapter 11B; and</DELETED>
        <DELETED>    (2) inserting after chapter 11 relating to 
        bribery, graft, and conflicts of interest the following new 
        chapter:</DELETED>

           <DELETED>``CHAPTER 11A--CHEMICAL WEAPONS</DELETED>

<DELETED>``Sec.
<DELETED>``227. Penalties and prohibitions with respect to chemical 
                            weapons.
<DELETED>``227A. Seizure, forfeiture, and destruction.
<DELETED>``227B. Injunctions.
<DELETED>``227C. Other prohibitions.
<DELETED>``227D. Definitions.

<DELETED>``SEC. 227. PENALTIES AND PROHIBITIONS WITH RESPECT TO 
              CHEMICAL WEAPONS.</DELETED>

<DELETED>    ``(a) In General.--Except as provided in subsection (b), 
whoever knowingly develops, produces, otherwise acquires, stockpiles, 
retains, directly or indirectly transfers, uses, owns, or possesses any 
chemical weapon, or knowingly assists, encourages, or induces, in any 
way, any person to do so, or attempts or conspires to do so, shall be 
fined under this title or imprisoned for life or any term of years, or 
both.</DELETED>
<DELETED>    ``(b) Exclusion.--Subsection (a) shall not apply to the 
retention, ownership, or possession of a chemical weapon, that is 
permitted by the Chemical Weapons Convention pending the weapon's 
destruction, by any agency or department of the United States. This 
exclusion shall apply to any person, including members of the Armed 
Forces of the United States, who is authorized by any agency or 
department of the United States to retain, own, or possess a chemical 
weapon, unless that person knows or should have known that such 
retention, ownership, or possession is not permitted by the Chemical 
Weapons Convention.</DELETED>
<DELETED>    ``(c) Jurisdiction.--There is jurisdiction by the United 
States over the prohibited activity in subsection (a) if (1) the 
prohibited activity takes place in the United States or (2) the 
prohibited activity takes place outside of the United States and is 
committed by a national of the United States.</DELETED>
<DELETED>    ``(d) Additional Penalty.--The court shall order that any 
person convicted of any offense under this section pay to the United 
States any expenses incurred incident to the seizure, storage, 
handling, transportation, and destruction or other disposition of 
property seized for the violation of this section.</DELETED>

<DELETED>``SEC. 227A. SEIZURE, FORFEITURE, AND DESTRUCTION.I20    ``(A) 
              SEIZURE.--</DELETED>

        <DELETED>    ``(1) Except as provided in paragraph (2), the 
        Attorney General may request the issuance, in the same manner 
        as provided for a search warrant, of a warrant authorizing the 
        seizure of any chemical weapon defined in section 227D(2)(A) of 
        this title that is of a type or quantity that under the 
        circumstances is inconsistent with the purposes not prohibited 
        under the Chemical Weapons Convention.</DELETED>
        <DELETED>    ``(2) In exigent circumstances, seizure and 
        destruction of any such chemical weapon described in paragraph 
        (1) may be made by the Attorney General upon probable cause 
        without the necessity for a warrant.</DELETED>
<DELETED>    ``(b) Procedure for Forfeiture and Destruction.--Except as 
provided in paragraph (2) of subsection (a), property seized pursuant 
to subsection (a) shall be forfeited to the United States after notice 
to potential claimants and an opportunity for a hearing. At such a 
hearing, the government shall bear the burden of persuasion by a 
preponderance of the evidence. Except as inconsistent herewith, the 
provisions of chapter 46 of this title relating to civil forfeitures 
shall extend to a seizure or forfeiture under this section. The 
Attorney General shall provide for the destruction or other appropriate 
disposition of any chemical weapon seized and forfeited pursuant to 
this section.</DELETED>
<DELETED>    ``(c) Affirmative Defense.--It is an affirmative defense 
against a forfeiture under subsection (b) that--</DELETED>
        <DELETED>    ``(1) such alleged chemical weapon is for a 
        purpose not prohibited under the Chemical Weapons Convention; 
        and</DELETED>
        <DELETED>    ``(2) such alleged chemical weapon is of a type 
        and quantity that under the circumstances is consistent with 
        that purpose.</DELETED>
<DELETED>    ``(d) Other Seizure, Forfeiture, and Destruction.--
</DELETED>
        <DELETED>    ``(1) Except as provided in paragraph (2), the 
        Attorney General may request the issuance, in the same manner 
as provided for a search warrant, of a warrant authorizing the seizure 
of any chemical weapon defined in section 227D(2) (B) or (C) of this 
title that exists by reason of conduct prohibited under section 227 of 
this title.</DELETED>
        <DELETED>    ``(2) In exigent circumstances, seizure and 
        destruction of any such chemical weapon described in paragraph 
        (1) may be made by the Attorney General upon probable cause 
        without the necessity for a warrant.</DELETED>
        <DELETED>    ``(3) Property seized pursuant to this subsection 
        shall be summarily forfeited to the United States and 
        destroyed.</DELETED>
<DELETED>    ``(e) Assistance.--The Attorney General may request 
assistance from any agency or department in the handling, storage, 
transportation, or destruction of property sized under this 
section.</DELETED>
<DELETED>    ``(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.</DELETED>

<DELETED>``SEC. 227B. INJUNCTIONS.</DELETED>

<DELETED>    ``(a) In General.--The United States may obtain in a civil 
action an injunction against--</DELETED>
        <DELETED>    ``(1) the conduct prohibited under section 227 of 
        this title;</DELETED>
        <DELETED>    ``(2) the preparation or solicitation to engage in 
        conduct prohibited under section 227 of this title; 
        or</DELETED>
        <DELETED>    ``(3) the development, production, other 
        acquisition, stockpiling, retention, direct or indirect 
        transfer, use, ownership, or possession, or the attempted 
        development, production, other acquisition, stockpiling, 
        retention, direct or indirect transfer, use, ownership, or 
        possession, of any alleged chemical weapon defined in section 
        227D(2)(A) of this title that is of a type or quantity that 
        under the circumstances is inconsistent with the purposes not 
        prohibited under the Chemical Weapons Convention, or the 
        assistance to any person to do so.</DELETED>
<DELETED>    ``(b) Affirmative Defense.--It is an affirmative defense 
against an injunction under subsection (a)(3) that--</DELETED>
        <DELETED>    ``(1) the conduct sought to be enjoined is for a 
        purpose not prohibited under the Chemical Weapons Convention; 
        and</DELETED>
        <DELETED>    ``(2) such alleged chemical weapon is of a type 
        and quantity that under the circumstances is consistent with 
        that purpose.</DELETED>

<DELETED>``SEC. 227C. OTHER PROHIBITIONS.</DELETED>

<DELETED>    ``(a) In General.--Except as provided in subsection (b), 
whoever knowingly uses riot control agents as a method of warfare, or 
knowingly assists any person to do so, shall be fined under this title 
or imprisoned for a term of not more than ten years, or both.</DELETED>
<DELETED>    ``(b) Exclusion.--Subsection (a) shall not apply to 
members of the Armed Forces of the United States. Members of the Armed 
Forces of the United States who use riot control agents as a method of 
warfare shall be subject to appropriate military penalties.</DELETED>
<DELETED>    ``(c) Jurisdiction.--There is jurisdiction by the United 
States over the prohibited activity in subsection (a) if (1) the 
prohibited activity takes place in the United States or (2) the 
prohibited activity takes place outside of the United States and is 
committed by a national of the United States.</DELETED>

<DELETED>``SEC. 227D. DEFINITIONS.</DELETED>

<DELETED>  ``As used in this chapter, the term--</DELETED>
        <DELETED>    ``(1) `Chemical Weapons Convention' means 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;</DELETED>
        <DELETED>    ``(2) `chemical weapon' means the following, 
        together or separately--</DELETED>
                <DELETED>    ``(A) a toxic chemical and its precursors, 
                except where intended for a purpose not prohibited 
                under the Chemical Weapons Convention, as long as the 
                type and quantity is consistent with such a 
                purpose;</DELETED>
                <DELETED>    ``(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; 
                or</DELETED>
                <DELETED>    ``(C) any equipment specifically designed 
                for use directly in connection with the employment of 
                munitions or devices specified in subparagraph 
                (B);</DELETED>
        <DELETED>    ``(3) `toxic chemical' means any chemical which 
        through its chemical action on life processes can cause death, 
        temporary incapacitation or permanent harm to humans or 
        animals. This includes all such chemicals, regardless of their 
        origin or of their method of production, and regardless of 
        whether they are produced in facilities, in munitions or 
        elsewhere. (For the purpose of implementing the Chemical 
        Weapons Convention, toxic chemicals which have been identified 
        for the application of verification measures are listed in 
        schedules contained in the Annex on Chemicals of the Chemical 
        Weapons Convention.);</DELETED>
        <DELETED>    ``(4) `precursor' means any chemical reactant 
        which takes part at any stage in the production by whatever 
        method of a toxic chemical. This includes any key component of 
        a binary or multicomponent chemical system. (For the purpose of 
        implementing the Chemical Weapons Covnention, precursors which 
        have been identified for the application of verification 
        measures are listed in schedules contained in the Annex on 
        Chemicals of the Chemical Weapons Convention.);</DELETED>
        <DELETED>    ``(5) `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;</DELETED>
        <DELETED>    ``(6) `purpose not prohibited under the Chemical 
        Weapons Convention' means--</DELETED>
                <DELETED>    ``(A) industrial, agricultural, research, 
                medical, pharmaceutical, or other peaceful 
                purposes;</DELETED>
                <DELETED>    ``(B) protective purposes, namely those 
                purposes directly related to protection against toxic 
                chemicals and to protection against chemical 
                weapons;</DELETED>
                <DELETED>    ``(C) military purposes not connected with 
                the use of chemical weapons and not dependent on the 
                use of the toxic properties of chemicals as a method of 
                warfare; or</DELETED>
                <DELETED>    ``(D) law enforcement purposes, including 
                domestic riot control purposes;</DELETED>
        <DELETED>    ``(7) `national of the United States' has the same 
        meaning given such term in section 101(a)(22) of the 
        Immigration and Nationality Act (8 U.S.C. 
        1101(a)(22));</DELETED>
        <DELETED>    ``(8) `United States,' when used in a geographical 
        sense, includes all places under the jurisdiction or control of 
        the United States, including (A) any of the places within the 
        provisions of section 101(41) of the Federal Aviation Act of 
        1958, as amended (49 U.S.C. 40102(41)), (B) any public aircraft 
        or civil aircraft of the United States, as such terms are 
        defined in sections 101 (36) and (18) of the Federal Aviation 
        Act of 1958, as amended (49 U.S.C. 40102(37) and 40102(17)), 
        and (C) any vessel of the United States, as such term is 
        defined in section 3(b) of the Maritime Drug Enforcement Act, 
        as amended (46 U.S.C. App. 1903(b));</DELETED>
        <DELETED>    ``(9) `person' means (A) 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; and (B) any legal successor, representative, 
        agent or agency of the foregoing; and</DELETED>
        <DELETED>    ``(10) `riot control agent' means any chemical not 
        listed in a schedule in the Annex on Chemicals of the Chemical 
        Weapons Convention, which can produce rapidly in humans sensory 
        irritation or disabling physical effects which disappear within 
        a short time following termination of exposure.</DELETED>
<DELETED>Nothing in paragraphs (3) or (4) of this section shall be 
construed to limit verification activities pursuant to part X or part 
XI of the Annex on Implementation and Verification of the Chemical 
Weapons Convention.''.</DELETED>
<DELETED>    (b) Clerical Amendments.--The table of chapters for part I 
of title 18, United States Code, is amended by--</DELETED>
        <DELETED>    (1) in the item for chapter 11A relating to child 
        support, redesignating ``11A'' as ``11B''; and</DELETED>
        <DELETED>    (2) inserting after the item for chapter 11 the 
        following new item:</DELETED>

<DELETED>``11A. CHEMICAL WEAPONS............................     227.''

<DELETED>SEC. 202. EFFECTIVE DATE.</DELETED>

<DELETED>    This title shall take effect on the date the Chemical 
Weapons Covnention enters into force for the United States.</DELETED>

<DELETED>SEC. 203. RESTRICTIONS ON SCHEDULED CHEMICALS.</DELETED>

<DELETED>    (a) Schedule 1 Activities.--It shall be unlawful for any 
person, or any national of the United States located outside the United 
States, to produce, acquire, retain, transfer or use a chemical listed 
on schedule 1 of the Annex on Chemicals of the Chemical Weapons 
Convention, unless--</DELETED>
        <DELETED>    (1) the chemicals are applied to research, 
        medical, pharmaceutical or protective purposes;</DELETED>
        <DELETED>    (2) the types and quantities of chemicals are 
        strictly limited to those that can be justified for such 
        purposes; and</DELETED>
        <DELETED>    (3) the amount of such chemicals per person at any 
        given time for such purposes does not exceed a limit to be 
        determined by the United States National Authority, but in any 
        case, does not exceed one metric ton.</DELETED>
<DELETED>    (b) Extraterritorial Acts.--</DELETED>
        <DELETED>    (1) It shall be unlawful for any person, or any 
        national of the United States located outside the United 
        States, to produce, acquire, retain or use a chemical listed on 
        schedule 1 of the Annex on Chemicals of the Chemical Weapons 
        Convention outside the territories of the states parties to the 
        Convention or to transfer such chemicals to any person located 
        outside the territory of the United States, except as provided 
        for in the Convention for transfer to a person located in the 
        territory of another State Party to the Convention.</DELETED>
        <DELETED>    (2) Beginning three years after the entry into 
        force of the Chemical Weapons Convention, it shall be unlawful 
        for any person, or any national of the United States located 
        outside the United States, to transfer a chemical listed on 
        schedule 2 of the Annex on Chemicals of the Convention to any 
        person located outside the territory of a state party to the 
        Convention or to receive such a chemical from any person 
        located outside the territory of a state party to the 
        Convention.</DELETED>
<DELETED>    (c) Jurisdiction.--There is jurisdiction by the United 
States over the prohibited activity in subsections (a) and (b) if (1) 
the prohibited activity takes place in the United States or (2) the 
prohibited activity takes place outside of the United States and is 
committed by a national of the United States.</DELETED>

                <DELETED>TITLE III--REPORTING</DELETED>

<DELETED>SEC. 301. REPORTING OF INFORMATION.</DELETED>

<DELETED>    (a) Reports.--The Department of Commerce shall promulgate 
regulations under which each person who produces, processes, consumes, 
exports or imports, or proposes to produce, process, consume, export or 
import, a chemical substance subject to the Chemical Weapons Convention 
shall maintain and permit access to such records and shall submit to 
the Department of Commerce such reports as the United States National 
Authority may reasonably require pursuant to the Chemical Weapons 
Convention. The Department of Commerce shall promulgate regulations 
pursuant to this title expeditiously, taking into account the written 
decisions issued by the Organization for the Prohibition of Chemical 
Weapons, and may amend or change such regulations as 
necessary.</DELETED>
<DELETED>    (b) Coordination.--To the extent feasible, the United 
States National Authority shall not require any reporting that is 
unnecessary, or duplicative of reporting required under any other Act. 
Agencies and departments shall coordinate their actions with other 
agencies and departments to avoid duplication of reporting by the 
affected persons under this Act or any other Act.</DELETED>

<DELETED>SEC. 302. CONFIDENTIALITY OF INFORMATION.</DELETED>

<DELETED>    (a) Freedom of Information Act Exemption for Certain 
Chemical Weapons Convention Information.--Any information reported to, 
or otherwise obtained by, the United States National Authority, the 
Department of Commerce, or any other agency or department under this 
Act or under the Chemical Weapons Convention shall not be required to 
be publicly disclosed pursuant to section 552 of title 5, United States 
Code.</DELETED>
<DELETED>    (b) Prohibited Disclosure and Exceptions.--Information 
exempt from disclosure under subsection (a) shall not be published or 
disclosed, except that such information--</DELETED>
        <DELETED>    (1) shall be disclosed or otherwise provided to 
        the Technical Secretariat or other states parties to the 
        Chemical Weapons Convention in accordance with the Convention, 
        in particular, the provisions of the Annex on the Protection of 
        Confidential Information;</DELETED>
        <DELETED>    (2) shall be made available to any committee or 
        subcommittee of Congress of appropriate jurisdiction upon 
the written request of the chairman or ranking minority member of such 
committee or subcommittee, except that no such committee or 
subcommittee, or member thereof, shall disclose such information or 
material;</DELETED>
        <DELETED>    (3) shall be disclosed to other agencies or 
        departments for law enforcement purposes with regard to this 
        Act or any other Act, and may be disclosed or otherwise 
        provided when relevant in any proceeding under this Act or any 
        other Act, 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; and</DELETED>
        <DELETED>    (4) may be disclosed, including in the form of 
        categories of information, if the United States National 
        Authority determines that such disclosure is in the national 
        interest.</DELETED>
<DELETED>    (c) Notice of Disclosure.--If the United States National 
Authority, pursuant to subsection (b)(4), proposes to publish or 
disclose or otherwise provide information exempted from disclosure in 
subsection (a), the United States National Authority shall, where 
appropriate, notify the person who submitted such information of the 
intent to release such information. Where notice has been provided, the 
United States National Authority may not release such information until 
the expiration of 30 days after notice has been provided.</DELETED>
<DELETED>    (d) Criminal Penalty for Wrongful Disclosure.--Any officer 
or employee of the United States or former officer or employee of the 
United States, who by virtue of such employment or official position 
has obtained possession of, or has access to, information the 
disclosure or other provision of which is prohibited by subsection (a), 
and who knowing that disclosure or provision of such information is 
prohibited by such subsection, willfully discloses or otherwise 
provides the information in any manner to any person, including persons 
located outside the territory of the United States, not entitled to 
receive it, shall be fined under title 18, United States Code, or 
imprisoned for not more than five years, or both.</DELETED>
<DELETED>    (e) International Inspectors.--The provisions of this 
section on disclosure or provision of information shall also apply to 
employees of the Technical Secretariat.</DELETED>

<DELETED>SEC. 303. PROHIBITED ACTS.</DELETED>

<DELETED>    It shall be unlawful for any person to fail or refuse to 
(a) establish or maintain records, (b) submit reports, notices, or 
other information to the Department of Commerce or the United States 
National Authority, or (c) permit access to or copying of records, as 
required by this Act or a regulation thereunder.</DELETED>

                <DELETED>TITLE IV--INSPECTIONS</DELETED>

<DELETED>SEC. 401. INSPECTIONS PURSUANT TO ARTICLE VI OF THE CHEMICAL 
              WEAPONS CONVENTION.</DELETED>

<DELETED>    (a) Authority.--For purposes of administering this Act--
</DELETED>
        <DELETED>    (1) 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 Chemical Weapons 
        Convention; and</DELETED>
        <DELETED>    (2) the National Authority shall designate 
        representatives who may accompany members of an inspection team 
        of the Technical Secretariat during the inspection specified in 
        paragraph (1). The number of duly designated representatives 
        shall be kept to the minimum necessary.</DELETED>
<DELETED>    (b) Notice.--An inspection pursuant to subsection (a) may 
be made only upon issuance of a written notice to the owner and to the 
operator, occupant or agent in charge of the premises to be inspected, 
except that failure to receive a notice shall not be a bar to the 
conduct of an inspection. The notice shall be submitted to the owner 
and to the operator, occupant or agent in charge as soon as possible 
after the United States National Authority receives it from the 
Technical Secretariat. The notice shall include 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, including, for challenge inspections pursuant to article IX of 
the Chemical Weapons Convention, appropriate evidence or reasons 
provided by the requesting state party to the Convention with regard to 
its concerns about compliance with the Chemical Weapons Convention at 
the facility or location. A separate notice shall be given for each 
such inspection, but a notice shall not be required for each entry made 
during the period covered by the inspection.</DELETED>
<DELETED>    (c) Credentials.--If the owner, operator, occupant or 
agent in charge of the premises to be inspected is present, a member of 
the inspection team of the Technical Secretariat, as well as, 
if present, the representatives of agencies or departments, shall 
present appropriate credentials before the inspection is 
commenced.</DELETED>
<DELETED>    (d) Timeframe for Inspections.--Consistent with the 
provisions of the Chemical Weapons Convention, each inspection shall be 
commenced and completed with reasonable promptness and shall be 
conducted at reasonable times, within reasonable limits, and in a 
reasonable manner. The Department of Commerce shall endeavor to ensure 
that, to the extent possible, each inspection is commenced, conducted 
and concluded during ordinary working hours, but no inspection shall be 
prohibited or otherwise disrupted for commencing, continuing or 
concluding during other hours. However, nothing in this subsection 
shall be interpreted as modifying the timeframes established in the 
Chemical Weapons Convention.</DELETED>
<DELETED>    (e) Scope.--</DELETED>
        <DELETED>    (1) Except as provided in paragraph (2) of this 
        subsection and subsection (f), an inspection conducted under 
        this title may extend to all things within the premises 
        inspected (including records, files, papers, processes, 
        controls, structures and vehicles) related to whether the 
        requirements of the Chemical Weapons Convention applicable to 
        such premises have been complied with.</DELETED>
        <DELETED>    (2) To the extent possible consistent with the 
        obligations of the United States pursuant to the Chemical 
        Weapons Convention, no inspection under this title shall extend 
        to--</DELETED>
                <DELETED>    (A) financial data;</DELETED>
                <DELETED>    (B) sales and marketing data (other than 
                shipment data);</DELETED>
                <DELETED>    (C) pricing data;</DELETED>
                <DELETED>    (D) personnel data;</DELETED>
                <DELETED>    (E) research data;</DELETED>
                <DELETED>    (F) patent data;</DELETED>
                <DELETED>    (G) data maintained for compliance with 
                environmental or occupational health and safety 
                regulations; or</DELETED>
                <DELETED>    (H) personnel and vehicles entering and 
                personnel and personal passenger vehicles exiting the 
                facility.</DELETED>
<DELETED>    (f) Facility Agreements.--</DELETED>
        <DELETED>    (1) Inspections of plants, plant sites, or other 
        facilities or locations for which the United States has a 
        facility agreement with the Organization for the Prohibition of 
        Chemical Weapons shall be conducted in accordance with the 
        facility agreement.</DELETED>
        <DELETED>    (2) Facility agreements shall be concluded for 
        plants, plant sites, or other facilities or locations that are 
        subject to inspection pursuant to paragraph 4 of article VI of 
        the Chemical Weapons Convention unless the owner and the 
        operator, occupant or agent in charge of the facility and the 
        Technical Secretariat agree that such an agreement is not 
        necessary. Facility agreements should be concluded for plants, 
        plant sites, or other facilities or locations that are subject 
        to inspection pursuant to paragraphs 5 or 6 of article VI of 
        the Chemical Weapons Convention if so requested by the owner 
        and the operator, occupant or agent in charge of the 
        facility.</DELETED>
        <DELETED>    (3) The owner and the operator, occupant or agent 
        in charge of a facility shall be notified prior to the 
        development of the agreement relating to that facility and, if 
        they so request, may participate in the preparations for the 
        negotiation of such an agreement. To the extent practicable 
        consistent with the Chemical Weapons Convention, the owner and 
        the operator, occupant or agent in charge of a facility may 
        observe negotiations of the agreement between the United States 
        and the Organization for the Prohibition of Chemical Weapons 
        concerning that facility.</DELETED>
<DELETED>    (g) Sampling and Safety.--</DELETED>
        <DELETED>    (1) The Department of Commerce 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 Chemical Weapons 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.</DELETED>
        <DELETED>    (2) 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.</DELETED>
<DELETED>    (h) Coordination.--To the extent possible consistent with 
the obligations of the United States pursuant to the Chemical 
Weapons Convention, the representatives of the United States National 
Authority, the Department of Commerce and any other agency or 
department, if present, shall assist the owner and the operator, 
occupant or agent in charge of the premises to be inspected in 
interacting with the members of the inspection team of the Technical 
Secretariat.</DELETED>

<DELETED>SEC. 402. OTHER INSPECTIONS PURSUANT TO THE CHEMICAL WEAPONS 
              CONVENTION AND LEAD AGENCY.</DELETED>

<DELETED>    (a) Other Inspections.--The provisions of this title shall 
apply, as appropriate, to all other inspections authorized by the 
Chemical Weapons Convention. For all inspections other than those 
conducted pursuant to paragraphs 4, 5, or 6 of article VI of the 
Convention, the term ``Department of Commerce'' shall be replaced by 
the term ``Lead Agency'' in section 401.</DELETED>
<DELETED>    (b) Lead Agency.--For the purposes of this title, the term 
``Lead Agency'' means the agency or department designated by the 
President or the designee of the President to exercise the functions 
and powers set forth in the specific provision, based, inter alia, on 
the particular responsibilities of the agency or department within the 
United States Government and the relationship of the agency or 
department to the premises to be inspected.</DELETED>

<DELETED>SEC. 403. PROHIBITED ACTS.</DELETED>

<DELETED>    It shall be unlawful for any person to fail or refuse to 
permit entry or inspection, or to disrupt, delay or otherwise impede an 
inspection as required by this Act or the Chemical Weapons 
Convention.</DELETED>

<DELETED>SEC. 404. PENALTIES.</DELETED>

<DELETED>    (a) Civil.--</DELETED>
        <DELETED>    (1) (A) Any person who violates a provision of 
        section 203 of this Act shall be liable to the United States 
        for a civil penalty in an amount not to exceed $50,000 for each 
        such violation.</DELETED>
        <DELETED>    (B) Any person who violates a provision of section 
        303 of this Act shall be liable to the United States for a 
        civil penalty in an amount not to exceed $5,000 for each such 
        violation.</DELETED>
        <DELETED>    (C) Any person who violates a provision of section 
        403 of this Act shall be liable to the United States for a 
        civil penalty in an amount not to exceed $25,000 for each such 
        violation. For purposes of this subsection, each day such a 
        violation of section 403 continues shall constitute a separate 
        violation of section 403.</DELETED>
        <DELETED>    (2) (A) A civil penalty for a violation of section 
        203, 303 or 403 of this Act shall be assessed by the Lead 
        Agency by an order made on the record after opportunity 
        (provided in accordance with this subparagraph) for a hearing 
        in accordance with section 554 of title 5, United States Code. 
        Before issuing such an order, the Lead Agency shall give 
        written notice to the person to be assessed a civil penalty 
        under such order of the Lead Agency's proposal to issue such 
        order and provide such person an opportunity to request, within 
        15 days of the date the notice is received by such person, such 
        a hearing on the order.</DELETED>
        <DELETED>    (B) In determining the amount of a civil penalty, 
        the Lead Agency shall take into account the nature, 
        circumstances, extent and gravity of the violation or 
        violations and, with respect to the violator, ability to pay, 
        effect on ability to continue to do business, any history of 
        prior such violations, the degree of culpability, the existence 
        of an internal compliance program, and such other matters as 
        justice may require.</DELETED>
        <DELETED>    (C) The Lead Agency may compromise, modify or 
        remit, with or without conditions, any civil penalty which may 
        be imposed under this subsection. The amount of such penalty, 
        when finally determined, or the amount agreed upon in 
        compromise, may be deducted from any sums owing by the United 
        States to the person charged.</DELETED>
        <DELETED>    (3) Any person who requested in accordance with 
        paragraph (2)(A) a hearing respecting the assessment of a civil 
        penalty and who is aggrieved by an order assessing a civil 
        penalty may file a petition for judicial review of such order 
        with the United States Court of Appeals for the District of 
        Columbia Circuit or for any other circuit in which such person 
        resides or transacts business. Such a petition may be filed 
        only within the 30-day period beginning on the date the order 
        making such assessment was issued.</DELETED>
        <DELETED>    (4) If any person fails to pay an assessment of a 
        civil penalty--</DELETED>
                <DELETED>    (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 (3); or</DELETED>
                <DELETED>    (B) after a court in an action brought 
                under paragraph (3) has entered a final judgment in 
                favor of the Lead Agency;</DELETED>
        <DELETED>the Attorney General shall recover the amount assessed 
        (plus interest at currently prevailing rates from the date of 
        the expiration of the 30-day period referred to in paragraph 
        (3) or the date of such final judgment, as the case may be) in 
        an action brought in any appropriate district court of the 
        United States. In such an action, the validity, amount and 
        appropriateness of such penalty shall not be subject to 
        review.</DELETED>
<DELETED>    (b) Criminal.--Any person who knowingly violates any 
provision of section 203, 303, or 403 of this Act, shall, in addition 
to or in lieu of any civil penalty which may be imposed under 
subsection (a) for such violation, be fined under title 18, United 
States Code, imprisoned for not more than two years, or both.</DELETED>

<DELETED>SEC. 405. SPECIFIC ENFORCEMENT.</DELETED>

<DELETED>    (a) Jurisdiction.--The district courts of the United 
States shall have jurisdiction over civil actions to--</DELETED>
        <DELETED>    (1) restrain any violation of section 203, 303 or 
        403 of this Act; and</DELETED>
        <DELETED>    (2) compel the taking of any action required by or 
        under this Act or the Chemical Weapons Convention.</DELETED>
<DELETED>    (b) Civil Actions.--A civil action described in subsection 
(a) may be brought--</DELETED>
        <DELETED>    (1) in the case of a civil action described in 
        subsection (a)(1), in the United States district court for the 
        judicial district wherein any act, omission, or transaction 
        constituting a violation of section 203, 303, or 403 of this 
        Act occurred or wherein the defendant is found or transacts 
        business; or</DELETED>
        <DELETED>    (2) in the case of a civil action described in 
        subsection (a)(2), in the United States district court for the 
        judicial district wherein the defendant is found or transacts 
        business.</DELETED>
<DELETED>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.</DELETED>

<DELETED>SEC. 406. LEGAL PROCEEDINGS.</DELETED>

<DELETED>    (a) Warrants.--</DELETED>
        <DELETED>    (1) The Lead Agency shall seek the consent of the 
        owner or the operator, occupant, or agent in charge of the 
        premises to be inspected prior to the initiation of any 
        inspection. Before or after seeking such consent, the Lead 
        Agency may seek a search warrant from any official authorized 
        to issue search warrants. Proceedings regarding the issuance of 
        a search warrant shall be conducted ex parte, unless otherwise 
        requested by the Lead Agency. The Lead Agency shall provide to 
        the official authorized to issue search warrants 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, including, for 
        challenge inspections pursuant to article IX of the Chemical 
        Weapons Convention, appropriate evidence or reasons provided by 
        the requesting state party to the Convention with regard to its 
        concerns about compliance with the Chemical Weapons Convention 
        at the facility or location. The Lead Agency shall also provide 
        any other appropriate information available to it relating to 
        the reasonableness of the selection of the plant, plant site, 
        or other facility or location for the inspection.</DELETED>
        <DELETED>    (2) The official authorized to issue search 
        warrants shall promptly issue a warrant authorizing the 
        requested inspection upon an affidavit submitted by the Lead 
        Agency showing that--</DELETED>
                <DELETED>    (A) the Chemical Weapons Convention is in 
                force for the United States;</DELETED>
                <DELETED>    (B) the plant site, plant, or other 
                facility or location sought to be inspected is subject 
                to the specific type of inspection requested under the 
                Chemical Weapons Convention;</DELETED>
                <DELETED>    (C) the procedures established under the 
                Chemical Weapons Convention and this Act for initiating 
                an inspection have been complied with; and</DELETED>
                <DELETED>    (D) the Lead Agency will ensure that the 
                inspection is conducted in a reasonable manner and will 
                not exceed the scope or duration set forth in or 
                authorized by the Chemical Weapons Convention or this 
                Act.</DELETED>
        <DELETED>    (3) The warrant shall specify the type of 
        inspection authorized; the purpose of the inspection; the type 
        of plant site, plant, or other facility or location to be 
        inspected; to the extent possible, the items, documents and 
        areas that may be inspected; the earliest commencement and 
        latest concluding dates and times of the inspection; and the 
        identities of the representatives of the Technical Secretariat, 
        if known, and, if applicable, the representatives of agencies 
        or departments.</DELETED>
<DELETED>    (b) Subpoenas.--In carrying out this Act, the Lead Agency 
may by subpoena require the attendance and testimony of witnesses and 
the production of reports, papers, documents, answers to questions and 
other information that the Lead Agency deems necessary. Witnesses shall 
be paid the same fees and mileage that are paid witnesses in the courts 
of the United States. In the event of contumacy, failure or refusal of 
any person to obey any such subpoena, any district court of the United 
States in which venue is proper shall have jurisdiction to order any 
such person to comply with such subpoena. Any failure to obey such an 
order of the court is punishable by the court as a contempt 
thereof.</DELETED>
<DELETED>    (c) Injunctions and Other Orders.--No court shall issue an 
injunction or other order that would limit the ability of the Technical 
Secretariat to conduct, or the United States National Authority or the 
Lead Agency to facilitate, inspections as required or authorized by the 
Chemical Weapons Convention.</DELETED>

<DELETED>SEC. 407. AUTHORITY.</DELETED>

<DELETED>    (a) Regulations.--The Lead Agency may issue such 
regulations as are necessary to implement and enforce this title and 
the provisions of the Chemical Weapons Convention, and amend or revise 
them as necessary.</DELETED>
<DELETED>    (b) Enforcement.--The Lead Agency may designate officers 
or employees of the agency or department to conduct investigations 
pursuant to this Act. In conducting such investigations, those officers 
or employees may, to the extent necessary or appropriate for the 
enforcement of this Act, or for the imposition of any penalty or 
liability arising under this Act, exercise such authorities as are 
conferred upon them by other laws of the United States.</DELETED>

<DELETED>SEC. 408. SAVING PROVISION.</DELETED>

<DELETED>    The purpose of this Act is to enable the United States to 
comply with its obligations under the Chemical Weapons Convention. 
Accordingly, in addition to the authorities set forth in this Act, the 
President is authorized to issue such executive orders, directives or 
regulations as are necessary to fulfill the obligations of the United 
States under the Chemical Weapons Convention, provided such executive 
orders, directives or regulations do not exceed the requirements 
specified in the Chemical Weapons Convention.</DELETED>

SECTION 1. SHORT TITLE.

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

SEC. 2. TABLE OF CONTENTS.

    The table of contents for this Act is as follows:

Sec. 1. Short title.
Sec. 2. Table of contents.
Sec. 3. Definitions.

                      TITLE I--GENERAL PROVISIONS

Sec. 101. Designation of United States National Authority.
Sec. 102. No abridgement of constitutional rights.
Sec. 103. Civil liability of the United States.

TITLE II--PENALTIES FOR UNLAWFUL ACTIVITIES SUBJECT TO THE JURISDICTION 
                          OF THE UNITED STATES

                Subtitle A--Criminal and Civil Penalties

Sec. 201. Criminal and civil provisions.

              Subtitle B--Revocations of Export Privileges

Sec. 211. Revocations of export privileges.

                         TITLE III--INSPECTIONS

Sec. 301. Definitions in the title.
Sec. 302. Facility agreements.
Sec. 303. Authority to conduct inspections.
Sec. 304. Procedures for inspections.
Sec. 305. Warrants.
Sec. 306. Prohibited acts relating to inspections.
Sec. 307. National security exception.
Sec. 308. Protection of constitutional rights of contractors.
Sec. 309. Annual report on inspections.
Sec. 310. United States assistance in inspections at private 
                            facilities.

                           TITLE IV--REPORTS

Sec. 401. Reports required by the United States National Authority.
Sec. 402. Prohibition relating to low concentrations of schedule 2 and 
                            3 chemicals.
Sec. 403. Prohibition relating to unscheduled discrete organic 
                            chemicals and coincidental byproducts in 
                            waste streams.
Sec. 404. Confidentiality of information.
Sec. 405. Recordkeeping violations.

                          TITLE V--ENFORCEMENT

Sec. 501. Penalties.
Sec. 502. Specific enforcement.
Sec. 503. Expedited judicial review.

                   TITLE VI--MISCELLANEOUS PROVISIONS

Sec. 601. Repeal.
Sec. 602. Prohibition.
Sec. 603. Bankruptcy actions.

SEC. 3. DEFINITIONS.

    In this Act:
            (1) Chemical weapon.--The term ``chemical weapon'' means 
        the following, together or separately:
                    (A) A toxic chemical and its precursors, except 
                where intended for a purpose not prohibited under this 
                Act 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 act.--The term 
        ``purposes not prohibited by this Act'' means the following:
                    (A) Peaceful purposes.--Any peaceful purpose 
                related to an industrial, agricultural, research, 
                medical, or pharmaceutical activity or other activity.
                    (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 phosphono- thiolate).
                    (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-diisopropyl- 
                        aminoethyl methylphosphonite.
                    (K) Chlorosarin: O-Isopropyl methyl- 
                phosphonochloridate.
                    (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-Dimethylaminoeth- anol 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)sul- fide.
                    (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.
                    (O) 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 
                Enforcement Act, as amended (46 U.S.C., App. sec. 
                1903(b)).
            (15) Unscheduled discrete organic chemical.--The term 
        ``unscheduled discrete organic chemical'' means any chemical 
        not listed on any schedule contained in the Annex on Chemicals 
        of the Convention that belongs to the class of chemical 
        compounds consisting of all compounds of carbon, except for its 
        oxides, sulfides, and metal carbonates.

                      TITLE I--GENERAL PROVISIONS

SEC. 101. DESIGNATION OF UNITED STATES NATIONAL AUTHORITY.

    (a) Designation.--Pursuant to paragraph 4 of Article VII of the 
Chemical Weapons Convention, the President shall designate the 
Department of State to be the United States National Authority.
    (b) Purposes.--The United States National Authority shall--
            (1) serve as the national focal point for effective liaison 
        with the Organization for the Prohibition of Chemical Weapons 
        and other States Parties to the Convention; and
            (2) implement the provisions of this Act in coordination 
        with an interagency group designated by the President 
        consisting of the Secretary of Commerce, Secretary of Defense, 
        Secretary of Energy, the Attorney General, and the heads of 
        agencies considered necessary or advisable by the President.
    (c) Director.--The Secretary of State shall serve as the Director 
of the United States National Authority.
    (d) Powers.--The Director may utilize the administrative 
authorities otherwise available to the Secretary of State in carrying 
out the responsibilities of the Director set forth in this Act.
    (e) Implementation.--The President is authorized to implement and 
carry out the provisions of this Act and the Convention and shall 
designate through Executive order which agencies of the United States 
shall issue, amend, or revise the regulations in order to implement 
this Act and the provisions of the Convention. The Director of the 
United States National Authority shall report to the Congress on the 
regulations that have been issued, implemented, or revised pursuant to 
this section.

SEC. 102. NO ABRIDGEMENT OF CONSTITUTIONAL RIGHTS.

    No person may be required, as a condition for entering into a 
contract with the United States or as a condition for receiving any 
benefit from the United States, to waive any right under the 
Constitution for any purpose related to this Act or the Convention.

SEC. 103. CIVIL LIABILITY OF THE UNITED STATES.

    (a) Claims for Taking of Property.--
            (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 Act or the Convention. For purposes of this 
                subsection, action taken pursuant to or under the color 
                of this Act or the Convention shall be deemed to be 
                action taken by the United States for a public purpose.
                    (B) District courts.--The district courts of the 
                United States shall have original jurisdiction, 
                concurrent with the United States Court of Federal 
                Claims, of any civil action or claim described in 
                subparagraph (A) that does not exceed $10,000.
            (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 Act.
            (4) Burden of proof.--In any civil action under paragraph 
        (1), the plaintiff shall have the burden to establish a prima 
        facie case that, due to acts or omissions of any official of 
        the Organization or any member of an inspection team of the 
        Technical Secretariat taken under the color of the Convention, 
        proprietary information of the plaintiff has been divulged or 
        taken without authorization. If the United States Court of 
        Federal Claims finds that the plaintiff has demonstrated such a 
        prima facie case, the burden shall shift to the United States 
        to disprove the plaintiff's claim. In deciding whether the 
        plaintiff has carried its burden, the United States Court of 
        Federal Claims shall consider, among other things--
                    (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 Act.
    (c) Waiver of Sovereign Immunity of the United States.--In any 
action under subsection (a) or (b), the United States may not raise 
sovereign immunity as a defense.
    (d) Authority for Cause of Action.--
            (1) United states actions in united states district 
        court.--Notwithstanding any other law, the Attorney General of 
        the United States is authorized to bring an action in the 
        United States District Court for the District of Columbia 
        against any foreign nation for money damages resulting from 
        that nation's refusal to provide indemnification to the United 
        States for any liability imposed on the United States by virtue 
        of the actions of an inspector of the Technical Secretariat who 
        is a national of that foreign nation acting at the direction or 
        the behest of that foreign nation.
            (2) United states actions in courts outside the united 
        states.--The Attorney General is authorized to seek any and all 
        available redress in any international tribunal for 
        indemnification to the United States for any liability imposed 
        on the United States by virtue of the actions of an inspector 
        of the Technical Secretariat, and to seek such redress in the 
        courts of the foreign nation from which the inspector is a 
        national.
            (3) Actions brought by individuals and businesses.--
        Notwithstanding any other law, any national of the United 
        States, or any business entity organized and operating under 
        the laws of the United States, may bring a civil action in a 
        United States District Court for money damages against any 
        foreign national or any business entity organized and operating 
        under the laws of a foreign nation for an unauthorized or 
        unlawful acquisition, receipt, transmission, or use of property 
        by or on behalf of such foreign national or business entity as 
        a result of any tort under the Constitution or any Federal or 
        State law arising from acts or omissions by any officer or 
        employee of the United States or any member of an inspection 
        team of the Technical Secretariat taken pursuant to or under 
        the color of the Convention or this Act.
    (e) Recoupment.--
            (1) Policy.--It is the policy of the United States to 
        recoup all funds withdrawn from the Treasury of the United 
        States in payment for any tort under Federal or State law or 
        taking under the Constitution arising from the acts or 
        omissions of any foreign person, officer, or employee of the 
        Organization, including any member of an inspection team of the 
        Technical Secretariat, taken under color of the Chemical 
        Weapons Convention or this Act.
            (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 Act; and
                            (ii) any foreign person or business entity 
                        organized and operating under the laws of a 
                        foreign nation which knowingly assisted, 
                        encouraged or induced, in any way, a foreign 
                        person described in clause (i) to publish, 
                        divulge, disclose, or make known in any manner 
                        or to any extent not authorized by the 
                        Convention any United States confidential 
                        business information.
                    (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 paragraph (2) 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 Act.
            (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 Act, the President shall transmit written 
        notification of the imposition of sanctions against that 
        foreign person to the chairmen and ranking members of the 
        Committee on International Relations of the House of 
        Representatives and the Committee on Foreign Relations of the 
        Senate.
    (f) Sanctions for Unauthorized Disclosure of United States 
Confidential Business Information.--The Secretary of State shall deny a 
visa to, and the Attorney General shall exclude from the United States 
any alien who, after the date of enactment of this Act--
            (1) is, or previously served as, an officer or employee of 
        the Organization and who has willfully published, divulged, 
        disclosed, or made known in any manner or to any extent not 
        authorized by the Convention any United States confidential 
        business information coming to him in the course of his 
        employment or official duties, or by reason of any examination 
        or investigation of any return, report, or record made to or 
        filed with the Organization, or any officer or employee 
        thereof, such practice or disclosure having resulted in 
        financial loses or damages to a United States person and for 
        which actions or omissions the United States has been found 
        liable of a tort or taking pursuant to this Act;
            (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 304(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.

TITLE II--PENALTIES FOR UNLAWFUL ACTIVITIES SUBJECT TO THE JURISDICTION 
                          OF THE UNITED STATES

                Subtitle A--Criminal and Civil Penalties

SEC. 201. CRIMINAL AND CIVIL PROVISIONS.

    (a) In General.--Part I of title 18, United States Code, is amended 
by inserting after chapter 11A the following new chapter:

                    ``CHAPTER 11B--CHEMICAL WEAPONS

``Sec.
``229. Prohibited activities.
``229A. Penalties.
``229B. Criminal forfeitures; destruction of weapons.
``229C. Individual self-defense devices.
``229D. Injunctions.
``229E. Requests for military assistance to enforce prohibition in 
                            certain emergencies.
``229F. Definitions.
``Sec. 229. Prohibited activities
    ``(a) Unlawful Conduct.--Except as provided in subsection (b), it 
shall be unlawful for any person knowingly--
            ``(1) to develop, produce, otherwise acquire, transfer 
        directly or indirectly, receive, stockpile, retain, own, 
        possess, or use, or threaten to use, any chemical weapon; or
            ``(2) to assist or induce, in any way, any person to 
        violate paragraph (1), or to attempt or conspire to violate 
        paragraph (1).
    ``(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, United 
                States Code;
                    ``(B) any civil aircraft of the United States or 
                public aircraft, as such terms are defined in 
                paragraphs (17) and (37), respectively, of section 
                40102 of title 49, United States Code; and
                    ``(C) any vessel of the United States, as such term 
                is defined in section 3(b) of the Maritime Drug 
                Enforcement Act, as amended (46 U.S.C., App. sec. 
                1903(b)).''.
    (b) Conforming Amendments.--
            (1) Weapons of mass destruction.--Section 2332a of title 
        18, United States Code, is amended--
                    (A) by striking ``Sec. 2332a. Use of weapons of 
                mass destruction'' and inserting ``Sec. 2332a. Use of 
                certain weapons of mass destruction'';
                    (B) in subsection (a), by inserting ``(other than a 
                chemical weapon as that term is defined in section 
                229F)'' after ``weapon of mass destruction''; and
                    (C) in subsection (b), by inserting ``(other than a 
                chemical weapon (as that term is defined in section 
                229F))'' after ``weapon of mass destruction''.
            (2) Table of chapters.--The table of chapters for part I of 
        title 18, United States Code, is amended by inserting after the 
        item for chapter 11A the following new item:

``11B. Chemical Weapons.....................................     229''.
    (c) Repeals.--The following provisions of law are repealed:
            (1) Section 2332c of title 18, United States Code, relating 
        to chemical weapons.
            (2) In the table of sections for chapter 113B of title 18, 
        United States Code, the item relating to section 2332c.

              Subtitle B--Revocations of Export Privileges

SEC. 211. 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)).

                         TITLE III--INSPECTIONS

SEC. 301. DEFINITIONS IN THE TITLE.

    (a) In General.--In this title, the terms ``challenge inspection'', 
``plant site'', ``plant'', ``facility agreement'', ``inspection team'', 
and ``requesting state party'' have the meanings given those terms in 
Part I of the Annex on Implementation and Verification of the Chemical 
Weapons Convention. The term ``routine inspection'' means an 
inspection, other than an ``initial inspection'', undertaken pursuant 
to Article VI of the Convention.
    (b) Definition of Judge of the United States.--In this title, the 
term ``judge of the United States'' means a judge or magistrate judge 
of a district court of the United States.

SEC. 302. 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. 303. 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 title.
    (b) Authority.--
            (1) Technical secretariat inspection teams.--Any duly 
        designated member of an inspection team of the Technical 
        Secretariat may inspect any plant, plant site, or other 
        facility or location in the United States subject to inspection 
        pursuant to the Convention.
            (2) United states government representatives.--The United 
        States National Authority shall coordinate the designation of 
        employees of the Federal Government to accompany members of an 
        inspection team of the Technical Secretariat and, in doing so, 
        shall ensure that--
                    (A) a special agent of the Federal Bureau of 
                Investigation, as designated by the Federal Bureau of 
                Investigation, accompanies each inspection team visit 
                pursuant to paragraph (1);
                    (B) no employee of the Environmental Protection 
                Agency or the Occupational Safety and Health 
                Administration accompanies any inspection team visit 
                conducted pursuant to paragraph (1); and
                    (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. 304. 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 305, 
except where other procedures are provided in a facility agreement 
entered into under section 302.
    (b) Notice.--
            (1) In general.--An inspection referred to in subsection 
        (a) may be made only upon issuance of an actual written notice 
        by the United States National Authority to the owner and to the 
        operator, occupant, or agent in charge of the premises to be 
        inspected.
            (2) Time of Notification.--The notice for a routine 
        inspection shall be submitted to the owner and to the operator, 
        occupant, or agent in charge within six hours of receiving the 
        notification of the inspection from the Technical Secretariat 
        or as soon as possible thereafter. Notice for a challenge 
        inspection shall be provided at any appropriate time determined 
        by the United States National Authority. Notices may be posted 
        prominently at the plant, plant site, or other facility or 
        location if the United States is unable to provide actual 
        written notice to the owner, operator, or agent in charge of 
        the premises.
            (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 305 or a facility agreement entered into under 
        section 302, an inspection conducted under this title may 
        extend to all things within the premises inspected (including 
        records, files, papers, processes, controls, structures and 
        vehicles) related to whether the requirements of the Convention 
        applicable to such premises have been complied with.
            (2) Exception.--Unless required by the Convention, no 
        inspection under this title shall extend to--
                    (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 Act may be 
        transferred for analysis to any laboratory outside the 
        territory of the United States.
            (2) Compliance with regulations.--In carrying out their 
        activities, members of the inspection team of the Technical 
        Secretariat and representatives of agencies or departments 
        accompanying the inspection team shall observe safety 
        regulations established at the premises to be inspected, 
        including those for protection of controlled environments 
        within a facility and for personal safety.
    (g) Coordination.--The appropriate representatives of the United 
States, as designated, if present, shall assist the owner and the 
operator, occupant or agent in charge of the premises to be inspected 
in interacting with the members of the inspection team of the Technical 
Secretariat.

SEC. 305. 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 title IV of this Act and is subject to 
                routine inspection under the Convention;
                    (C) the purpose of the inspection is--
                            (i) in the case of any facility owned or 
                        operated by a non-Government entity related to 
                        Schedule 1 chemical agents, to verify that the 
                        facility is not used to produce any Schedule 1 
                        chemical agent except for declared chemicals; 
                        quantities of Schedule 1 chemicals produced, 
                        processed, or consumed are correctly declared 
                        and consistent with needs for the declared 
                        purpose; and Schedule 1 chemicals are not 
                        diverted or used for other purposes;
                            (ii) in the case of any facility related to 
                        Schedule 2 chemical agents, to verify that 
                        activities are in accordance with obligations 
                        under the Convention and consistent with the 
                        information provided in data declarations; and
                            (iii) in the case of any facility related 
                        to Schedule 3 chemical agents and any other 
                        chemical production facility, to verify that 
                        the activities of the facility are consistent 
                        with the information provided in data 
                        declarations;
                    (D) the items, documents, and areas to be searched 
                and seized;
                    (E) in the case of a facility related to Schedule 2 
                or Schedule 3 chemical agents or unscheduled discrete 
                organic chemicals, the plant site has not been subject 
                to more than 1 routine inspection in the current 
                calendar year, and, in the case of facilities related 
                to Schedule 3 chemical agents or unscheduled discrete 
                organic chemicals, the inspection will not cause the 
                number of routine inspections in the United States to 
                exceed 20 in a calendar year;
                    (F) the selection of the site was made in 
                accordance with procedures established under the 
                Convention and, in particular--
                            (i) in the case of any facility owned or 
                        operated by a non-Government entity related to 
                        Schedule 1 chemical agents, the intensity, 
                        duration, timing, and mode of the requested 
                        inspection is based on the risk to the object 
                        and purpose of the Convention by the quantities 
                        of chemical produced, the characteristics of 
                        the facility and the nature of activities 
                        carried out at the facility, and the requested 
                        inspection, when considered with previous such 
                        inspections of the facility undertaken in the 
                        current calendar year, shall not exceed the 
                        number reasonably required based on the risk to 
                        the object and purpose of the Convention as 
                        described above;
                            (ii) in the case of any facility related to 
                        Schedule 2 chemical agents, the Technical 
                        Secretariat gave due consideration to the risk 
                        to the object and purpose of the Convention 
                        posed by the relevant chemical, the 
                        characteristics of the plant site and the 
                        nature of activities carried out there, taking 
                        into account the respective facility agreement 
                        as well as the results of the initial 
                        inspections and subsequent inspections; and
                            (iii) in the case of any facility related 
                        to Schedule 3 chemical agents or unscheduled 
                        discrete organic chemicals, the facility was 
                        selected randomly by the Technical Secretariat 
                        using appropriate mechanisms, such as 
                        specifically designed computer software, on the 
                        basis of two weighting factors: (I) equitable 
                        geographical distribution of inspections; and 
                        (II) the information on the declared sites 
                        available to the Technical Secretariat, related 
                        to the relevant chemical, the characteristics 
                        of the plant site, and the nature of activities 
                        carried out there;
                    (G) the earliest commencement and latest closing 
                dates and times of the inspection; and
                    (H) the duration of inspection will not exceed time 
                limits specified in the Convention unless agreed by the 
                owner, operator, or agent in charge of the plant.
            (3) Content of warrants.--A warrant issued under paragraph 
        (2) shall specify the same matters required of an affidavit 
        under that paragraph. In addition to the requirements for a 
        warrant issued under this paragraph, each warrant shall 
        contain, if known, the identities of the representatives of the 
        Technical Secretariat conducting the inspection and the 
        observers of the inspection and, if applicable, the identities 
        of the representatives of agencies or departments of the United 
        States accompanying those representatives.
            (4) Challenge inspections.--
                    (A) Criminal search warrant.--For any challenge 
                inspection conducted on the territory of the United 
                States pursuant to Article IX of the Chemical Weapons 
Convention, where consent has been withheld, the United States 
Government shall first obtain from a judge of the United States a 
criminal search warrant based upon probable cause, supported by oath or 
affirmation, and describing with particularity the place to be searched 
and the person or things to be seized.
                    (B) Information provided.--The United States 
                Government shall provide to the judge of the United 
                States--
                            (i) all appropriate information supplied by 
                        the Technical Secretariat to the United States 
                        National Authority regarding the basis for the 
                        selection of the plant site, plant, or other 
                        facility or location for the type of inspection 
                        sought;
                            (ii) any other appropriate information 
                        relating to the reasonableness of the selection 
                        of the plant, plant site, or other facility or 
                        location for the inspection;
                            (iii) information concerning--
                                    (I) the duration and scope of the 
                                inspection;
                                    (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 Act 
                        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. 306. PROHIBITED ACTS RELATING TO INSPECTIONS.

    It shall be unlawful for any person willfully to fail or refuse to 
permit entry or inspection, or to disrupt, delay, or otherwise impede 
an inspection, authorized by this Act.

SEC. 307. 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. 308. 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 3 of such Act.)
    ``(b) Construction.--Nothing in subsection (a) shall be construed 
to prohibit an executive agency from including in a contract a clause 
that requires the contractor to permit inspections for the purpose of 
ensuring that the contractor is performing the contract in accordance 
with the provisions of the contract.''.
    (b) The table of contents in section 1(b) of such Act is amended by 
adding at the end the following:

``Sec. 39. Protection of constitutional rights of contractors.''.

SEC. 309. 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 
        title IV of this Act.
            (2) The number of inspections under the Convention 
        conducted on the territory of the United States.
            (3) The number and identity of inspectors conducting any 
        inspection described in paragraph (2) and the number of 
        inspectors barred from inspection by the United States.
            (4) The cost to the United States for each inspection 
        described in paragraph (2).
            (5) The total costs borne by United States business firms 
        in the course of inspections described in paragraph (2).
            (6) A description of the circumstances surrounding 
        inspections described in paragraph (2), including instances of 
        possible industrial espionage and misconduct of inspectors.
            (7) The identity of parties claiming loss of trade secrets, 
        the circumstances surrounding those losses, and the efforts 
        taken by the United States Government to redress those losses.
            (8) A description of instances where inspections under the 
        Convention outside the United States have been disrupted or 
        delayed.
    (c) Definition.--The term ``appropriate congressional committees'' 
means the Committee on the Judiciary, the Committee on Foreign 
Relations, and the Select Committee on Intelligence of the Senate and 
the Committee on the Judiciary, the Committee on International 
Relations, and the Permanent Select Committee on Intelligence of the 
House of Representatives.

SEC. 310. 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.

                           TITLE IV--REPORTS

SEC. 401. REPORTS REQUIRED BY THE UNITED STATES NATIONAL AUTHORITY.

    (a) Regulations on Recordkeeping.--
            (1) Requirements.--The United States National Authority 
        shall ensure that regulations are prescribed that require each 
        person located in the United States who produces, processes, 
        consumes, exports, or imports, or proposes to produce, process, 
        consume, export, or import, a chemical substance that is 
        subject to the Convention to--
                    (A) maintain and permit access to records related 
                to that production, processing, consumption, export, or 
                import of such substance; and
                    (B) submit to the Director of the United States 
                National Authority such reports as the United States 
                National Authority may reasonably require to provide to 
                the Organization, pursuant to subparagraph 1(a) of the 
                Annex on Confidentiality of the Convention, the minimum 
                amount of information and data necessary for the timely 
                and efficient conduct by the Organization of its 
                responsibilities under the Convention.
            (2) Rulemaking.--The Director of the United States National 
        Authority shall ensure that regulations pursuant to this 
        section are prescribed expeditiously.
    (b) Coordination.--
            (1) Avoidance of duplication.--To the extent feasible, the 
        United States Government shall not require the submission of 
        any report that is unnecessary or duplicative of any report 
        required by or under any other law. The head of each Federal 
        agency shall coordinate the actions of that agency with the 
        heads of the other Federal agencies in order to avoid the 
        imposition of duplicative reporting requirements under this Act 
        or any other law.
            (2) Definition.--As used in paragraph (1), the term 
        ``Federal agency'' has the meaning given the term ``agency'' in 
        section 551(1) of title 5, United States Code.

SEC. 402. PROHIBITION RELATING TO LOW CONCENTRATIONS OF SCHEDULE 2 AND 
              3 CHEMICALS.

    (a) Prohibition.--Notwithstanding any other provision of this Act, 
no person located in the United States shall be required to report on, 
or to submit to, any routine inspection conducted for the purpose of 
verifying the production, possession, consumption, exportation, 
importation, or proposed production, possession, consumption, 
exportation, or importation of any substance that contains less than--
            (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. 403. PROHIBITION RELATING TO UNSCHEDULED DISCRETE ORGANIC 
              CHEMICALS AND COINCIDENTAL BYPRODUCTS IN WASTE STREAMS.

    (a) Prohibition.--Notwithstanding any other provision of this Act, 
no person located in the United States shall be required to report on, 
or to submit to, any routine inspection conducted for the purpose of 
verifying the production, possession, consumption, exportation, 
importation, or proposed production, possession, consumption, 
exportation, or importation of any substance that is--
            (1) an unscheduled discrete organic chemical; and
            (2) a coincidental byproduct of a manufacturing or 
        production process that is not isolated or captured for use or 
        sale during the process and is routed to, or escapes, from the 
        waste stream of a stack, incinerator, or wastewater treatment 
        system or any other waste stream.

SEC. 404. 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 103(g), 
reported to, or otherwise acquired by, the United States Government 
under this Act or under the Convention shall not be disclosed under 
section 552(a) of title 5, United States Code.
    (b) Exceptions.--
            (1) Information for the technical secretariat.--Information 
        shall be disclosed or otherwise provided to the Technical 
        Secretariat or other states parties to the Chemical Weapons 
        Convention in accordance with the Convention, in particular, 
        the provisions of the Annex on the Protection of Confidential 
        Information.
            (2) Information for congress.--Information shall be made 
        available to any committee or subcommittee of Congress with 
        appropriate jurisdiction upon the written request of the 
        chairman or ranking minority member of such committee or 
        subcommittee, except that no such committee or subcommittee, 
        and no member and no staff member of such committee or 
        subcommittee, shall disclose such information or material 
        except as otherwise required or authorized by law.
            (3) Information for enforcement actions.--Information shall 
        be disclosed to other Federal agencies for enforcement of this 
        Act or any other law, and shall be disclosed or otherwise 
        provided when relevant in any proceeding under this Act or any 
        other law, except that disclosure or provision in such a 
        proceeding shall be made in such manner as to preserve 
        confidentiality to the extent practicable without impairing the 
        proceeding.
    (c) Information Disclosed in the National Interest.--
            (1) Authority.--The United States Government shall disclose 
        any information reported to, or otherwise required by the 
        United States Government under this Act or the Convention, 
        including categories of such information, that it determines is 
        in the national interest to disclose and may specify the form 
        in which such information is to be disclosed.
            (2) Notice of disclosure.--
            (A) Requirement.--If any Department or agency of the United 
        States Government proposes pursuant to paragraph (1) to publish 
        or disclose or otherwise provide information exempt from 
        disclosure under subsection (a), the United States National 
        Authority shall, unless contrary to national security or law 
        enforcement needs, provide notice of intent to disclose the 
        information--
                    (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 Act.
    (f) International Inspectors.--The provisions of this section shall 
also apply to employees of the Technical Secretariat.

SEC. 405. RECORDKEEPING VIOLATIONS.

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

                          TITLE V--ENFORCEMENT

SEC. 501. PENALTIES.

    (a) Civil.--
            (1) Penalty amounts.--
                    (A) Prohibited acts relating to inspections.--Any 
                person that is determined, in accordance with paragraph 
                (2), to have violated section 306 of this Act shall be 
                required by order to pay a civil penalty in an amount 
                not to exceed $25,000 for each such violation. For 
                purposes of this paragraph, each day such a violation 
                of section 306 continues shall constitute a separate 
                violation of that section.
                    (B) Recordkeeping violations.--Any person that is 
                determined, in accordance with paragraph (2), to have 
                violated section 405 of this Act shall be required by 
                order to pay a civil penalty in an amount not to exceed 
                $5,000 for each such violation.
            (2) Hearing.--
                    (A) In general.--Before imposing an order described 
                in paragraph (1) against a person under this subsection 
                for a violation of section 306 or 405, the Secretary of 
                State shall provide the person or entity with notice 
                and, upon request made within 15 days of the date of 
                the notice, a hearing respecting the violation.
                    (B) Conduct of hearing.--Any hearing so requested 
                shall be conducted before an administrative law judge. 
                The hearing shall be conducted in accordance with the 
                requirements of section 554 of title 5, United States 
                Code. If no hearing is so requested, the Secretary of 
                State's imposition of the order shall constitute a 
                final and unappealable order.
                    (C) Issuance of orders.--If the administrative law 
                judge determines, upon the preponderance of the 
                evidence received, that a person or entity named in the 
                complaint has violated section 306 or 405, the 
                administrative law judge shall state his findings of 
                fact and issue and cause to be served on such person or 
                entity an order described in paragraph (1).
                    (D) Factors for determination of penalty amounts.--
                In determining the amount of any civil penalty, the 
                administrative law judge shall take into account the 
                nature, circumstances, extent, and gravity of the 
                violation or violations and, with respect to the 
                violator, the ability to pay, effect on ability to 
                continue to do business, any history of prior such 
                violations, the degree of culpability, the existence of 
                an internal compliance program, and such other matters 
                as justice may require.
            (3) Administrative appellate review.--The decision and 
        order of an administrative law judge shall become the final 
        agency decision and order of the head of the United States 
        National Authority unless, within 30 days, the head of the 
        United States National Authority modifies or vacates the 
        decision and order, with or without conditions, in which case 
        the decision and order of the head of the United States 
        National Authority shall become a final order under this 
        subsection.
            (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 306 or 405 of this Act, shall, in addition to or in lieu of any 
civil penalty which may be imposed under subsection (a) for such 
violation, be fined under title 18, United States Code, imprisoned for 
not more than one year, or both.

SEC. 502. SPECIFIC ENFORCEMENT.

    (a) Jurisdiction.--The district courts of the United States shall 
have jurisdiction over civil actions to--
            (1) restrain any violation of section 306 or 405 of this 
        Act; and
            (2) compel the taking of any action required by or under 
        this Act or the Convention.
    (b) Civil Actions.--
            (1) In general.--A civil action described in subsection (a) 
        may be brought--
                    (A) in the case of a civil action described in 
                subsection (a)(1), in the United States district court 
                for the judicial district in which any act, omission, 
                or transaction constituting a violation of section 306 
                or 405 occurred or in which the defendant is found or 
                transacts business; or
                    (B) in the case of a civil action described in 
                subsection (a)(2), in the United States district court 
                for the judicial district in which the defendant is 
                found or transacts business.
            (2) Service of process.--In any such civil action process 
        may be served on a defendant wherever the defendant may reside 
        or may be found, whether the defendant resides or may be found 
        within the United States or elsewhere.

SEC. 503. EXPEDITED JUDICIAL REVIEW.

    (a) Civil Action.--Any person or entity subject to a search under 
this Act may file a civil action challenging the constitutionality of 
any provision of this Act. Notwithstanding any other provision of law, 
during the full calendar year of, and the two full calendar years 
following, the enactment of this Act, the district court shall accord 
such a case a priority in its disposition ahead of all other civil 
actions except for actions challenging the legality and conditions of 
confinement.
    (b) En Banc Review.--Notwithstanding any other provision of law, 
during the full calendar year of, and the two full calendar years 
following, the enactment of this Act, any appeal from a final order 
entered by a district court in an action brought under subsection (a) 
shall be heard promptly by the full Court of Appeals sitting en banc.

                   TITLE VI--MISCELLANEOUS PROVISIONS

SEC. 601. 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. 602. 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 Act 
(as defined in section 3(8)).
    (c) Biological Agent Defined.--In this section, the term 
``biological agent'' means any micro-organism (including bacteria, 
viruses, fungi, rickettsiae or protozoa), pathogen, or infectious 
substance, or any naturally occurring, bio-engineered or synthesized 
component of any such micro-organism, pathogen, or infectious 
substance, whatever its origin or method of production, capable of 
causing--
            (1) death, disease, or other biological malfunction in a 
        human, an animal, a plant, or another living organism;
            (2) deterioration of food, water, equipment, supplies, or 
        materials of any kind; or
            (3) deleterious alteration of the environment.

SEC. 603. BANKRUPTCY ACTIONS.

    Section 362(b) of title 11, United States Code, is amended--
            (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;''.
            Amend the title to read as follows: ``A bill to implement 
        the obligations of the United States under the Chemical Weapons 
        Convention.''.