[Congressional Record Volume 143, Number 63 (Wednesday, May 14, 1997)]
[Extensions of Remarks]
[Pages E925-E926]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




      IMPLEMENTING LEGISLATION FOR THE CHEMICAL WEAPONS CONVENTION

                                 ______
                                 

                          HON. LEE H. HAMILTON

                               of indiana

                    in the house of representatives

                        Wednesday, May 14, 1997

  Mr. HAMILTON. Mr. Speaker, today Mr. Conyers and I are introducing, 
by request H.R. 1590, the administration's draft legislation to 
implement the Chemical Weapons Convention. The purpose of this bill, 
the Chemical Weapons Convention Implementation Act of 1997, is to both 
implement the convention, and to make sure that U.S. domestic law 
conforms with international legal obligations, now that the United 
States is a State Party to this Convention. The Senate acted to ratify 
the convention on April 24, 1997, and it entered into force on April 
29, 1997.
  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.
  The purpose of introducing this bill is not to speak definitively on 
how the CWC should be implemented. Committees of jurisdiction can and 
should work their will. The purpose of introducing this bill is help 
move the process forward, and to ensure that the views of the 
administration are available to our colleagues.
  The text of a letter I received from Arms Control and Disarmament 
Agency Director Holum follows:

         United States Arms Control and Disarmament Agency,
                                   Washington, DC, March 27, 1997.
     Hon. Lee H. Hamilton,
     Ranking Democratic Member, Committee on International 
         Relations, U.S. House of Representatives.
       Dear Representative Hamilton: 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

[[Page E926]]

     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.

     

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