[Congressional Record Volume 143, Number 46 (Thursday, April 17, 1997)]
[Senate]
[Pages S3354-S3359]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mr. LUGAR (for himself and Mr. Biden):
  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; to the Committee on 
the Judiciary.


       THE CHEMICAL WEAPONS CONVENTION IMPLEMENTATION ACT OF 1997

  Mr. LUGAR. Mr. President, I introduce, by request, on behalf of 
Senator Biden and myself, the Chemical Weapons Convention 
Implementation Act.
  The Chemical Weapons Convention was signed by the United States on 
January 13, 1993, and was submitted by President Clinton to the United 
States Senate on November 23, 1993, for its advice and consent to 
ratification.
  The Chemical Weapons Convention contains a number of provisions that 
require implementing legislation to give them effect within the United 
States. These include: international inspections of U.S. facilities; 
declarations by U.S. chemical and related industry; and establishment 
of a ``National Authority'' to serve as the liaison between the United 
States and the international organization established by the Chemical 
Weapons Convention and States Parties to the Convention.
  Mr. President, I ask unanimous consent that this Implementation Act 
that we are introducing at the request of the administration be printed 
in the Record together with the transmitted letter to the President of 
the Senate from ACDA Director John D. Holum.

[[Page S3355]]

  There being no objection, the material was ordered to be printed in 
the Record, as follows:

                                 S. 610

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

     SECTION 1. SHORT TITLE.

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

     SEC. 2. TABLE OF CONTENTS.

       The table of contents for this Act is as follows:
Sec. 1. Short title.
Sec. 2. Table of contents.
Sec. 3. Congressional findings.
Sec. 4. Congressional declarations.
Sec. 5. Definitions.
Sec. 6. Severability.

                      TITLE I--NATIONAL AUTHORITY

Sec. 101. Establishment.

 TITLE II--APPLICATION OF CONVENTION PROHIBITIONS TO NATURAL AND LEGAL 
                                PERSONS

Sec. 201. Criminal provisions.
Sec. 202. Effective date.
Sec. 203. Restrictions on scheduled chemicals.

                          TITLE III--REPORTING

Sec. 301. Reporting of information.
Sec. 302. Confidentiality of information.
Sec. 303. Prohibited acts.

                         TITLE IV--INSPECTIONS

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

     SEC. 3. CONGRESSIONAL FINDINGS.

       The Congress makes the following findings:
       (1) Chemical weapons pose a significant threat to the 
     national security of the United States and are a scourge to 
     humankind.
       (2) The Chemical Weapons Convention is the best means of 
     ensuring the nonproliferation of chemical weapons and their 
     eventual destruction and forswearing by all nations.
       (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.
       (4) The declarations and inspections required by the 
     Chemical Weapons Convention are essential for the 
     effectiveness of the verification regime.

     SEC. 4. CONGRESSIONAL DECLARATIONS.

       The Congress makes the following declarations:
       (1) It shall be the policy of the United States to 
     cooperate with other States Parties to the 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.
       (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.
       (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.

     SEC. 5. DEFINITIONS.

       (a) In General.--Except as otherwise provided in this Act, 
     the definitions of the terms used in this Act shall be those 
     contained in the Chemical Weapons Convention. Nothing in 
     paragraphs 2 or 3 of Article II of the 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.
       (b) Other Definitions.--
       (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.
       (2) The term ``national of the United States'' has the same 
     meaning given such term in section 101(a)(22) of the 
     Immigration and Nationality Act (8 U.S.C. 1101(a)(22)).
       (3) The term ``United States,'' when used in a 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. Sec. 40102(41)), (B) any 
     public aircraft or civil aircraft of the United States, as 
     such terms are defined in sections 101(36) and (18) of the 
     Federal Aviation Act of 1958, as amended (49 U.S.C. Secs. 
     40102(37) and 40102(17)), and (C) any vessel of the United 
     States, as such term is defined in section 3(b) of the 
     Maritime Drug Enforcement Act, as amended (46 U.S.C. App. 
     Sec. 1903(b)).
       (4) The term ``person,'' except as used in section 201 of 
     this Act and as set forth below, means (A) any individual, 
     corporation, partnership, firm, association, trust, estate, 
     public or private 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 or 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 used 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.
       (5) The term ``Technical Secretariat'' means the Technical 
     Secretariat of the Organization for the Prohibition of 
     Chemical Weapons established by the Chemical Weapons 
     Convention.

     SEC. 6. SEVERABILITY.

       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.

                      TITLE I--NATIONAL AUTHORITY

     SEC. 101. ESTABLISHMENT.

       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.

 TITLE II--APPLICATION OF CONVENTION PROHIBITIONS TO NATURAL AND LEGAL 
                                PERSONS

     SEC. 201. CRIMINAL PROVISIONS.

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

                    ``CHAPTER 11A--CHEMICAL WEAPONS

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

     ``SEC. 227. PENALTIES AND PROHIBITIONS WITH RESPECT TO 
                   CHEMICAL WEAPONS.

       ``(a) In General.--Except as provided in subsection (b), 
     whoever knowingly develops, produces, otherwise 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.
       ``(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.
       ``(c) Jurisdiction.--There is jurisdiction by the United 
     States over the prohibited activity in subsection (a) if (1) 
     the prohibited activity takes place in the United States or 
     (2) the prohibited activity takes place outside of the United 
     States and is committed by a national of the United States.
       ``(d) Additional Penalty.--The court shall order that any 
     person convicted of any offense under this section pay to the 
     United States any expenses incurred incident to the seizure, 
     storage, handling, transportation and destruction or other 
     disposition of property seized for the violation of this 
     section.

     ``SEC. 227A. SEIZURE, FORFEITURE, AND DESTRUCTION.

       ``(a) Seizure.--
       ``(1) Except as provided in paragraph (2), the Attorney 
     General may request the issuance, in the same manner as 
     provided for a search warrant, of a 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.
       ``(2) In the 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.
       ``(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.

[[Page S3356]]

     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 related 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.
       ``(c) Affirmative Defense.--It is an affirmative defense 
     against a forfeiture under subsection (b) that--
       ``(1) such alleged chemical weapon is for a purpose not 
     prohibited under the Chemical Weapons Convention; and
       ``(2) such alleged chemical weapon is of a type and 
     quantity that under the circumstances is consistent with that 
     purpose.
       ``(d) Other Seizure, Forfeiture, and Destruction.--
       ``(1) Except as provided in paragraph (2), the 
     Attorney General may request the issuance, in the same 
     manner as provided for a search warrant, of a warrant 
     authorizing the seizure of any chemical weapon defined in 
     section 227D(2) (B) or (C) of this title that exists by 
     reason of conduct prohibited under section 227 of this 
     title.
       ``(2) In exigent circumstances, seizure and 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.
       ``(3) Property seized pursuant to this subsection shall be 
     summarily forfeited to the United States and destroyed.
       ``(e) Assistance.--The Attorney General may request 
     assistance from any agency or department 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. 227B. INJUNCTIONS.

       ``(a) In General.--The United States may obtain in a civil 
     action an injunction against--
       ``(1) the conduct prohibited under section 227 of this 
     title;
       ``(2) the preparation or solicitation to engage in conduct 
     prohibited under section 227 of this title; or
       ``(3) the development, production, other 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.
       ``(b) Affirmative Defense.--It is an affirmative defense 
     against an injunction under subsection (a)(3) that--
       ``(1) the conduct sought to be enjoined is for a purpose 
     not prohibited under the Chemical Weapons Convention; and
       ``(2) such alleged chemical weapon is of a type and 
     quantity that under the circumstances is consistent with that 
     purpose.

     ``SEC. 227C. OTHER PROHIBITIONS.

       ``(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.
       ``(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.
       ``(c) Jurisdiction.--There is jurisdiction by the United 
     States over the prohibited activity in subsection (a) if (1) 
     the prohibited activity takes place in the United States or 
     (2) the prohibited activity takes place outside of the United 
     States and is committed by a national of the United States.

     ``SEC. 227D. DEFINITIONS.

       ``As used in this chapter, the term--
       ``(1) `Chemical Weapons Convention' means the Convention on 
     the Prohibition of the Development, Production, Stockpiling 
     and Use of Chemical Weapons and on Their Destruction, opened 
     for signature on January 13, 1993;
       ``(2) `chemical weapon' means the following, together or 
     separately:
       ``(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;
       ``(B) a munition or device, specifically designed to cause 
     death or other harm through the toxic properties of those 
     toxic chemicals specified in subparagraph (A), which would be 
     released as a result of the employment of such munition or 
     device; or
       ``(C) any equipment specifically designed for use directly 
     in connection with the employment of munitions or devices 
     specified in subparagraph (B);
       ``(3) `toxic chemical' means any chemical which through its 
     chemical action on life processes can cause death, temporary 
     incapacitation or permanent harm to humans or animals. This 
     includes all such chemicals, regardless of their origin or of 
     their 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.);
       ``(4) `precursor' means any chemical reactant which takes 
     part at any stage in the production by whatever method of a 
     toxic chemical. This includes any key component of a binary 
     or multicomponent chemical system. (For the purpose of 
     implementing the Chemical Weapons Convention, precursors 
     which have been identified for the application of 
     verification measures are listed in Schedules contained in 
     the Annex on Chemicals of the Chemical Weapons convention.);
       ``(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;
       ``(6) `purpose not prohibited under the Chemical Weapons 
     Convention' means--
       ``(A) industrial, agricultural, research, medical, 
     pharmaceutical or other peaceful purposes;
       ``(B) protective purposes, namely those purposes directly 
     related to protection against toxic chemicals and to 
     protection against chemical weapons;
       ``(C) military purposes not connected with the use of 
     chemical weapons and not dependent on the use of the toxic 
     properties of chemicals as a method of warefare; or
       ``(D) law enforcement purposes, including domestic riot 
     control purposes;
       ``(7) `national of the United States' has the same 
     meaning given such term in section 101(a)(22) of the 
     Immigration and Nationality Act (8 U.S.C. 1101(a)(22));
       ``(8) `United States,' when used in a 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. Sec. 40102(41)), (B) any public 
     aircraft or civil aircraft of the United States, as such 
     terms are defined in sections 101(36) and (18) of the Federal 
     Aviation Act of 1958, as amended (49 U.S.C. Secs. 40102(37) 
     and 40102(17)), and (C) any vessel of the United States, as 
     such term is defined in section 3(b) of the Maritime Drug 
     Enforcement Act, as amended (46 U.S.C. App. Sec. 1903(b));
       ``(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
       ``(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.

     Nothing in paragraphs (3) or (4) of this section shall be 
     construed to limit verification activities pursuant to part X 
     or part XI of the Annex on Implementation and Verification of 
     the Chemical Weapons Convention.''
       (b) Clerical Amendments.--The table of chapters for part I 
     of title 18, United States Code, is amended by--
       (1) in the item for chapter 11A relating to child support, 
     redesignating ``11A'' as ``11B''; and
       (2) inserting after the item for chapter 11 the following 
     new item:

``11A. CHEMICAL WEAPONS......................................227.''....

     SEC. 202. EFFECTIVE DATE.

       This title shall take effect on the date the Chemical 
     Weapons Convention enters into force for the United States.

     SEC. 203. RESTRICTIONS ON SCHEDULED CHEMICALS.

       (a) Schedule 1 Activities.--It shall be unlawful for any 
     person, or any national of the United States 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--
       (1) the chemicals are applied to research, medical, 
     pharmaceutical or protective purposes;
       (2) the types and quantities of chemicals are strictly 
     limited to those that can be justified for such purposes; and
       (3) the amount of such chemicals per person at any given 
     time for such purposes does not exceed a limit to be 
     determined by the United States National Authority, but in 
     any case, does not exceed one metric ton.
       (b) Extraterritorial Acts.--
       (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

[[Page S3357]]

     in the territory of another State Party to the Convention.
       (2) Beginning three years after the entry into force of the 
     Chemical Weapons Convention, it shall be unlawful for any 
     person, or any national of the United States 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.
       (c) Jurisdiction.--There is jurisdiction by the United 
     States over the prohibited activity in subsections (a) and 
     (b) if (1) the prohibited activity takes place in the United 
     States or (2) the prohibited activity takes place outside of 
     the United States and is committed by a national of the 
     United States.

                          TITLE III--REPORTING

     SEC. 301. REPORTING OF INFORMATION.

       (a) Reports.--The Department of Commerce shall promulgate 
     regulations under which each person who 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.
       (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.

     SEC. 302. CONFIDENTIALITY OF INFORMATION.

       (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.
       (b) Prohibited Disclosure and Exceptions.--Information 
     exempt from disclosure under subsection (a) shall not be 
     published or disclosed, except that such information--
       (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;
       (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;
       (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
       (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.
       (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.
       (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 person 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.
       (e) International Inspectors.--The provisions of this 
     section on disclosure or provision of information shall also 
     apply to employees of the Technical Secretariat.

     SEC. 303. PROHIBITED ACTS.

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

                         TITLE IV--INSPECTIONS

     SEC. 401. INSPECTIONS PURSUANT TO ARTICLE VI OF THE CHEMICAL 
                   WEAPONS CONVENTION.

       (a) Authority.--For purposes of administering this Act--
       (1) any duly designated member of an 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
       (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.
       (b) Notice.--An inspection pursuant to subjection (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.
       (c) Credentials.--If the owner, operator, occupant or agent 
     in charge of the premises to be inspected is presented, 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.
       (d) Time Frame for Inspections.--Consistent with the 
     provisions of the Chemical Weapons Convention, each 
     inspection shall be commenced and completed with reasonable 
     promptness and shall be conducted at 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 time 
     frames established in the Chemical Weapons Convention.
       (e) Scope.--
       (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.
       (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--
       (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) Facility Agreements.--
       (1) Inspection 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.
       (2) Facility agreements shall be concluded for plants, 
     plant sites, or other facilities or locations that are 
     subject to inspection pursuant to paragraph 4 of Article VI 
     of the Chemical Weapons Convention unless the owner and the 
     operator, occupant or agent in charge of the facility and the 
     Technical Secretariat agree that such an agreement is not 
     necessary. Facility agreements should be concluded for 
     plants, plant sites, or other facilities or locations that 
     are subject to inspection pursuant to paragraphs 5 or 6 of 
     Article VI of the Chemical Weapons Convention if so requested 
     by the owner and the operator, occupant or agent in charge of 
     the facility.
       (3) The owner and the operator, occupant or agent in charge 
     of a facility shall be notified prior to the development of 
     the agreement relating to that facility and, if they so

[[Page S3358]]

     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.
       (g) Sampling and Safety.--
       (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.
       (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.
       (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.

     SEC. 402. OTHER INSPECTIONS PURSUANT TO THE CHEMICAL WEAPONS 
                   CONVENTION AND LEAD AGENCY.

       (a) Other Inspections.--The provisions of this title shall 
     apply, as appropriate, to all other inspections authorized by 
     the Chemical Weapons Convention. For all inspections other 
     than those conducted pursuant to 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.
       (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.

     SEC. 403. PROHIBITED ACTS.

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

     SEC. 404. PENALTIES.

       (a) Civil.--
       (1) (A) Any person who violates a provision of section 203 
     of this Act shall be liable to the United States for a civil 
     penalty in an amount not to exceed $50,000 for each such 
     violation.
       (B) Any person who violates a provision of 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.
       (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.
       (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.
       (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.
       (C) The Lead Agency may compromise, modify or remit, with 
     or without conditions, any civil penalty which may be imposed 
     under this subsection. The amount of such penalty, when 
     finally determined, or the amount agreed upon in compromise, 
     may be deducted from any sums owing by the United States to 
     the person charged.
       (3) Any person who requested in accordance with paragraph 
     (2)(A) a hearing respecting the assessment of a civil penalty 
     and who is aggrieved by an order assessing a civil penalty 
     may file a petition for judicial review of such order with 
     the United States Court of Appeals for the District of 
     Columbia Circuit or for any other circuit in which such 
     person resides or transacts business. Such a petition may be 
     filed only within the 30-day period beginning on the date the 
     order making such assessment was issued.
       (4) If any person fails to pay an assessment of a civil 
     penalty--
       (A) after the order making the assessment has become a 
     final order and if such person does not file a petition for 
     judicial review of the order in accordance with paragraph 
     (3); or
       (B) after a court in an action brought under paragraph (3) 
     has entered a final judgment in favor of the Lead Agency;

     the Attorney General shall recover the amount assessed (plus 
     interest at currently prevailing rates from the date of the 
     expiration of the 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.
       (b) Criminal.--Any person who knowingly violates any 
     provision of section 203, 303 or 403 of this Act, shall, in 
     addition to or in lieu of any civil penalty which may be 
     imposed under subsection (a) for such violation, be fined 
     under title 18, United States Code, imprisoned for not more 
     than two years, or both.

     SEC. 405. SPECIFIC ENFORCEMENT.

       (a) Jurisdiction.--The district courts of the United States 
     shall have jurisdiction over civil actions to--
       (1) restrain any violation of section 203, 303 or 403 of 
     this Act; and
       (2) compel the taking of any action required by or under 
     this Act or the Chemical Weapons Convention.
       (b) Civil Actions.--A civil action described in subsection 
     (a) may be brought--
       (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
       (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. 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. 406. LEGAL PROCEEDINGS.

       (a) Warrants.--
       (1) The Lead Agency shall seek the consent of the owner or 
     the operator, occupant or agent in charge of the premises to 
     be inspected prior to the 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.
       (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--
       (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 subject to the specific type of 
     inspection requested under the Chemical Weapons Convention;
       (C) the procedures established under the Chemical Weapons 
     Convention and this Act for initiating an inspection have 
     been complied with; and
       (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.
       (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.
       (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

[[Page S3359]]

     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.
       (c) Injunctions and Other Orders.--No court shall issue an 
     injunction or other order that would limit the ability of the 
     Technical Secretariat to conduct, or the United States 
     National Authority or the Lead Agency to facilitate, 
     inspections as required or authorized by the Chemical Weapons 
     Convention.

     SEC. 407. AUTHORITY.

       (a) Regulations.--The Lead Agency may issue such 
     regulations as are necessary to implement and enforce this 
     title and the provisions of the Chemical Weapons Convention, 
     and amend or revise them as necessary.
       (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.

     SEC. 408. SAVING PROVISION.

       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.
                                                                    ____

                                             U.S. Arms Control and


                                           Disarmament Agency,

                                   Washington, DC, March 27, 1997.
     Hon. Richard G. Lugar,
     Committee on Foreign Relations,
     U.S. Senate.
       Dear Senator Lugar: On behalf of the Administration, I 
     hereby submit for consideration the ``Chemical Weapons 
     Convention Implementation Act of 1997.'' This proposed 
     legislation is identical to the legislation submitted by the 
     Administration in 1995. The Chemical Weapons Convention (CWC) 
     was signed by the United States in Paris on January 13, 1993, 
     and was submitted by President Clinton to the United States 
     Senate on November 23, 1993, for its advice and consent to 
     ratification. The CWC prohibits, inter alia, the use, 
     development, production, acquisition, stockpiling, retention, 
     and direct or indirect transfer of chemical weapons.
       The President has urged the Senate to provide its advice 
     and consent to ratification as early as possible this year so 
     that the United States will be an original State Party and 
     can continue to lead the fight against these terrible 
     weapons. The CWC will enter into force, with or without the 
     United States, on April 29, 1997. if the United States has 
     not ratified by that time, we will not have a seat on the 
     governing council which will oversee implementation of the 
     Convention and U.S. nationals will not be able to serve as 
     inspectors and in other key positions. Here at home, the U.S. 
     chemical industry could lose hundreds of millions of dollars 
     and many well-paying jobs because of CWC-mandated trade 
     restrictions against non-Parties. As Secretaries Albright and 
     Cohen have recently underscored, ratifying the CWC before it 
     enters into force is in the best interests of the United 
     States.
       The CWC contains a number of provisions that require 
     implementing legislation to give them effect within the 
     United States. These include: carrying out verification 
     activities, including inspections of U.S. facilities; 
     collecting and protecting the confidentiality of data 
     declarations by U.S. chemical and related companies; and 
     establishing a ``National Authority'' to serve as the liaison 
     between the United States and the international organization 
     established by the CWC.
       In addition, the CWC requires the United States to prohibit 
     all individuals and legal entities, such as corporations, 
     within the United States, as well as all individuals outside 
     the United States, possessing U.S. citizenship, from engaging 
     in activities that are prohibited under the Convention. As 
     part of this obligation, the CWC requires the United States 
     to enact ``penal'' legislation implementing this prohibition 
     (i.e., legislation that penalizes conduct, either by 
     criminal, administrative, military or other sanctions).
       Expeditious enactment of implementing legislation is very 
     important to the ability of the United States to fulfill its 
     obligations under the Convention. Enactment will enable the 
     United States to collect the required information from 
     industry, to provide maximum protection for confidential 
     information, and to allow the inspections called for in the 
     Convention. It will also enable the United States to outlaw 
     all activities related to chemical weapons, except CWC 
     permitted activities such as chemical defense programs. This 
     will help fight chemical terrorism by penalizing not just the 
     use, but also the development, production and transfer of 
     chemical weapons. Thus, the enactment of legislation by the 
     United States and other CWC States Parties will make it much 
     easier for law enforcement officials to investigate and 
     punish chemical terrorists early, before chemical weapons are 
     used.
       As the President indicated in his transmittal letter of the 
     Convention: ``The CWC is in the best interests of the United 
     States. Its provisions will significantly strengthen United 
     States, allied and international security, and enhance global 
     and regional stability.'' Therefore, I urge the Congress to 
     enact the necessary implementing legislation as soon as 
     possible.
       The Office of Management and Budget advises that there is 
     no objection to the submission of this proposal and its 
     enactment is in accord with the President's program.
           Sincerely,
                                                    John D. Holum,
                                                         Director.
                                 ______