[Congressional Record Volume 143, Number 70 (Friday, May 23, 1997)]
[Senate]
[Pages S5070-S5080]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




         CHEMICAL WEAPONS CONVENTION IMPLEMENTATION ACT OF 1997

  Mr. LOTT. Mr. President, I ask unanimous consent that the Senate 
proceed to Calendar No. 60, S. 610.
  The PRESIDING OFFICER. The clerk will report.
  The assistant legislative clerk read as follows:

       A bill (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 which had been reported 
     from the Committee on the Judiciary, with an amendment to 
     strike all after the enacting clause and inserting in lieu 
     thereof the following:

     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 (C10, incl. cycloalkyl) alkyl
       (Me, Et, n-Pr or i-Pr)-phosphonofluoridates
       (e.g. Sarin: O-Isopropyl methylphosphonofluoridate Soman: 
     O-Pinacolyl methylphosphonofluoridate).
       (B) O-Alkyl (C10, 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 C10, 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 C10, 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]

[[Page S5071]]

       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,

[[Page S5072]]

     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.

[[Page S5073]]

``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.

[[Page S5074]]

       ``(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;

[[Page S5075]]

       (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.

[[Page S5076]]

       (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

[[Page S5077]]

     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--

[[Page S5078]]

       (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;''.
  The PRESIDING OFFICER. Is there objection to the immediate 
consideration of the bill?
  There being no objection, the Senate proceeded to consider the bill.
  Mr. LOTT. For the information of all Senators, so they will 
understand, this is the Chemical Weapons Convention implementing 
legislation.
  I ask unanimous consent that the previous order with respect to the 
bill be vitiated and, further, the committee substitute amendment be 
agreed to.
  The committee substitute amendment was agreed to.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  Mr. HATCH. Mr. President, during the debate on ratification of the 
Chemical Weapons Convention, I said that I expected that both the 
President and the Congress must be wholly dedicated to implement this 
treaty in a way that advances U.S. national security interests and that 
protects the constitutional rights of American citizens. Today, we will 
consider a bill to implement the Chemical Weapons Convention. In my 
view, this bill accomplishes both of those objectives.
  The bill before us today is the product of negotiation with the 
administration and with my colleagues on the other side of the aisle. 
Although this bill differs, in several respects, from the version of S. 
610 that was introduced in the Congress, I believe that we have 
achieved a bill that comprehensively implements the treaty, while also 
protecting the constitutional rights of Americans. Let me explain 
briefly why that is true:
  First, our bill provides for civil liability of the United States for 
the loss of property resulting from inspection procedures under the 
treaty.
  Second, the Chemical Weapons Convention authorizes a team of 
international officials to inspect the facilities of private American 
businesses. Our bill protects the constitutional rights of American 
citizens through the warrant requirement that must be satisfied for all 
inspections.
  Third, the bill protects confidential business information that, 
according to the treaty, must be reported to the U.S. National 
Authority. The bill also provides aggressive penalties for the person 
disclosing the information, as well as for those benefiting from the 
information.
  In sum, the Chemical Weapons Convention Implementation Act of 1997 is 
a reasonable effort to protect the constitutional rights of our 
citizens against unlawful inspections under the treaty.
  We have worked exceedingly hard with the Administration and with 
Members on the other side of the aisle to craft this bill. In 
particular, I want to thank Senators Lugar, Kyl, Leahy, and Biden, as 
well as their staff, for their tremendous efforts in this regard, done 
under serious time constraints. I want to thank, in particular, David 
Stephens, Randy Schueneman, Marshall Billingslea, Ken Meyers, Beryl 
Howell, Ed Levine, David Schanzer, Stephen Schlesinger, Jennifer 
Carrico, and Paul Larkin.
  Mr. BIDEN. Mr. President, I want to compliment my esteemed chairman, 
Senator Hatch, for forging a consensus on this complex issue. As my 
colleagues know, I was engaged in negotiations on the Chemical Weapons 
convention resolution of ratification for months, and I know first hand 
how many deeply held views this treaty implicates and how difficult it 
is to bring the parties together.
  But we succeeded on the treaty and now, with the help of many 
Senators on both sides of the aisle, have succeeded on the implementing 
legislation.
  I supported this compromise measure in committee and will do so again 
now because it takes the important steps necessary to implement the 
Chemical Weapons Convention.
  As required by the convention, this bill will enact tough criminal 
sanctions for possessing, stockpiling, transferring, and using chemical 
weapons. It will also require U.S. companies to report on their 
production and use of potentially dangerous chemicals and submit to 
inspections of their facilities.
  Taking these steps will demonstrate to the rest of the world that the 
United States is committed to continuing its leadership role in arms 
control and other issues of global importance.
  I want to make clear, however, that I do not support some of the 
provisions in this bill and have very serious concerns about their 
impact on the convention.
  In particular, I do not believe we should be granting the President 
discretionary authority to deny a CWC inspection based on national 
security grounds, as would be done by section 401. By signing and 
ratifying this treaty, the United States--with the advice and consent 
of 74 Members of this body, given less than a month ago--agreed to 
allow certain inspections, subject to our constitutional requirements. 
With few exceptions, denial of a duly authorized inspection would 
violate the convention.
  Even if the President never exercises this authority, the mere 
inclusion of this provision in the legislation will encourage other 
countries to deny inspections on national security grounds. If we 
should enact to so-called national security exception, we can be sure 
that the Chinese will seize upon the precedent we set and use it to 
undermine the effectiveness of the entire certification regime.
  I have similar concerns regarding section 403, which would exempt 
from reporting and routine inspection requirements unscheduled discrete 
organic chemicals that are coincidental byproducts and are not isolated 
or captured for use or sale. While waste streams are not, in 
themselves, a threat to the object and purposes of the CWC regime, 
monitoring of such streams does afford one of the most convenient and 
nonintrusive means of determining whether a facility is worthy of 
concern in the first place.
  The drafters of this provision are concerned that CWC implementation 
would otherwise require paper manufacturers to undertake costly 
monitoring of their waste streams, and that is an understandable 
concern. There is no need, however, to grant such a broad exemption as 
is currently contained in this section.
  I am also troubled by:
  The broad compensation scheme in section 103 that does not even 
require a plaintiff to prove its case by a preponderance of the 
evidence to receive taxpayer funded compensation for the loss of trade 
secrets; and
  The limitation in sections 102 and 308 on the Government's power to 
require contractors to submit to CWC inspections.
  I hope to work with other Senators and the administration to 
ameliorate these concerns prior to enactment of this measure. Treaties 
are solemn obligations, and the Chemical Weapons Convention, with all 
its faults, is our best hope for exposing violators and mobilizing the 
world so as to put a stop to chemical weapons. We must resist the urge, 
therefore, to enact provisions that could conflict with our treaty 
obligations and do damage to the effectiveness of the treaty regime.
  Mr. LEAHY. Mr. President, the Chemical Weapons Convention was 
initiated by President Reagan, negotiated by President Bush and 
ratified on behalf of the United States by President Clinton. The 
ratification of this convention was a major achievement that consumed a 
great deal of the time and attention of the Senate.
  When the Senate gave its advise and consent to ratification of the 
Chemical Weapons Convention, the administration told us it was 
imperative that we act on implementing legislation as quickly as 
possible. The Judiciary Committee had the task of reporting back to the 
Senate with implementing

[[Page S5079]]

legislation in time for Senate consideration before our Memorial Day 
recess.
  The implementing legislation considered by the Senate today is where 
the rubber meets the road. It will define precisely how the general 
obligations of the international treaty will affect American citizens 
and American chemical companies.
  A significant principle of the convention is set forth in Article VII 
regarding ``National Implementation Measures.'' This principle makes 
clear that each state party shall, in accordance with its 
constitutional processes, adopt the necessary measures to implement its 
obligations under this convention. My objective when I began work on 
this legislation was to make sure that it reflected our constitutional 
principles and sound public policy, while fulfilling our obligations 
under the convention.
  Over the last few weeks, the Judiciary Committee held a hearing, 
solicited the advice of experts from both the administration and in the 
private sector, and worked to craft legislation we could report to the 
Senate in a very short time frame. I commend my colleagues on the 
Judiciary Committee, and especially Chairman Hatch, Senator Biden, and 
Senator Kyl, for their diligence and efforts in fulfilling this 
Committee's responsibilities. Senator Lugar deserves enormous credit 
for his constructive and helpful work in reaching the compromises 
necessary to get this legislation done.
  I also thank Ivo Spalatin, Dave Barton, and Bernie Sewart, from the 
Arms Control and Disarmament Agency; Bill Danvers and Gordy Bendick, 
from the National Security Council; Steven Goldman and Ann Connaughton 
from the Department of Commerce; Eileen Gillio from the Department of 
Defense; and Craig Iscoe from the Department of Justice. These 
dedicated employees from Federal agencies and the White House spent 
hours, even late into the night, to share their expertise with the 
committee. We appreciate their hard work.
  The hearing we held on May 13, 1997, regarding the administration's 
implementing legislation, S. 610, raised a number of issues that needed 
to be addressed. For example, one aspect of S.610 that required our 
attention was its blanket exception from the Freedom of Information Act 
for all information reported to, or otherwise obtained by any of the 
agencies involved in implementing the convention.
  Even a witness from the Department of Justice admitted that this 
provision was not intended, for example, to limit public access to 
records concerning the number of inspections conducted under the 
convention, even if that information was reported to, or otherwise 
obtained by the U.S. National Authority from the Technical Secretariat. 
He agreed that this provision could be clarified.
  The committee amendment to S.610 substantially improves this aspect 
of the legislation by removing the blanket exception under the Freedom 
of Information Act contained in the original bill. The substitute 
retains protection for trade secrets and other proprietary business 
information provided under the act and the convention, but the 
operations of the Federal agencies in implementing this act will not be 
cloaked in secrecy. They will be fully subject to the FOIA--as they 
should be.
  Yet another provision in S.610, as introduced, could have been 
construed to penalize a person for refusing to consent to an entry or 
inspection required under the convention. A Justice Department witness 
testified at the Judiciary Committee hearing that this section is 
inelegant and fails to account for the process agreed to in the 
conditions of ratification. The implementing legislation reported by 
the committee clarifies this provision, and affirms the constitutional 
right of every American to refuse to give their consent to a search and 
the requirement that the Government obtain a warrant.
  We also heard from several witnesses about including in the 
implementing legislation a mechanism to compensate those companies that 
suffer a loss of trade secrets or other confidential or proprietary 
information due to their compliance with the convention. The 
implementing legislation we reported out of the Judiciary Committee 
provides a compensation scheme that I sincerely hope will not become a 
surer bet than the lottery for a payout to companys subject to the 
convention. This scheme will, after the plaintiff establishes a prima 
facie case, shift the burden to the Government to prove that any loss 
did not arise from the company's compliance with the convention. 
Proving a negative will be no easy task for the Government, which may 
legitimately decide simply to settle such claims, despite their lack of 
merit. We may have to revisit this scheme if it proves to be 
authorization for a legal holdup of the U.S. Treasury.
  Other provisions in this implementing legislation also give me pause. 
It does not reflect all the changes each of us would like in the exact 
form we would like them. But it certainly reflects good faith 
compromises on both sides.
  Mrs. FEINSTEIN. Mr. President, I rise today to express my support for 
the compromise reached on S. 610, the legislation to implement the 
Chemical Weapons Convention. I believe it is very much in our national 
interests to pass this implementation legislation just as we ratified 
the CWC.
  Let me first express my respect and appreciation for the 
distinguished Ranking Member of the Foreign Relations Committee, 
Senator Biden and the distinguished ranking member of the Judiciary 
Committee, Senator Leahy. They and their staff have really done the 
heavy lifting in getting this implementing language to the floor.
  I also want to express my respect for the opponents of this treaty, 
including the distinguished chairman of the Foreign Relations Committee 
and the Senator from Arizona, Senator Kyl. I have worked well with 
Senator Kyl on many issues, including, at the moment, our strong effort 
to pass a Crime Victims' Rights Amendment to the Constitution.
  I know that in this debate these Senators are motivated by their 
genuine and deeply felt concern for America's national security. 
However, I must disagree with the view that we would be better off 
without this treaty, or by passing implementation language that renders 
the treaty meaningless.
  Mr. President, the threat of chemical weapons falling into the hands 
of terrorists, or being used as a weapon of war by a rogue state, has 
increased dramatically in recent years.
  One need only reflect on the dangers faced by our military by Iraq's 
incipient chemical weapons program during the gulf war, or the 
tragedies our nation has suffered with the bombing of the World Trade 
Center, the Federal building in Oklahoma City, and the Olympic Park in 
Atlanta, to fully appreciate the dangers posed by the proliferation of 
chemical weapons. In each of these cases, the tragedy and loss of life 
could have been magnified significantly had chemical weapons been used.
  Chemical weapons are among the most barbaric of mankind's inventions. 
They are so awful, that the United States, by act of Congress, has 
decided to eliminate our own stocks of these weapons by 2004. They are 
designed to kill and incapacitate by causing such effects as skin 
blistering, blindness, lung damage, choking, nervous system disruption, 
paralysis, or oxygen starvation. Because of the ease of their dispersal 
over a wide area, chemical weapons are especially useful for targeting 
civilian populations.
  The Chemical Weapons Convention is the most far-reaching attempt ever 
by the international community to control the spread of chemical 
weapons. It bans for the first time the development, production, and 
possession of chemical weapons and reinforces the international norm 
against their use. Since we are destroying our own chemical weapons, it 
only makes sense that we should want other nations to do so as well.
  The convention requires all signatory states to declare and destroy 
any chemical weapons and the facilities used to produce them. It 
requires member states to submit annual reports on the production and 
use of certain sensitive chemicals. This information, combined with our 
own intelligence resources, will significantly improve our ability to 
monitor and prevent illegal transfers and uses of such chemicals.

  Once the CWC takes effect, it will make it much harder and more 
costly for proliferators and terrorists to acquire chemical weapons. An 
intrusive verification system will be set up to detect violations. 
Sanctions will be imposed against nations that refuse to

[[Page S5080]]

participate, making it more difficult for them to acquire precursor 
chemicals for poison gas and easier to monitor their efforts to do so.
  The intelligence-sharing and global verification network that will 
result from this treaty will increase the chances that terrorist 
attacks involving chemical weapons can be prevented before they ever 
occur--a net gain in the security of our troops and our citizens.
  We must start with the proposition that no arms control agreement is 
100 percent verifiable. But with the CWC, we will know far more about 
who is trying to develop chemical weapons, where, and how than we would 
without the treaty. That is why the intelligence community has 
consistently testified that, while the treaty is not completely 
verifiable, they regard it as a highly desirable tool that will enhance 
our knowledge of chemical weapons programs and our ability to stop 
them.
  The CWC's verification regime requires routine inspections of all 
declared facilities working with significant amounts of chemicals 
listed by the treaty. In addition, any site, declared or not, may be 
subject to short-notice challenge inspections if there are suspicions 
that it is being used to produce or store banned chemicals.
  The CWC also establishes significant trade restrictions on precursor 
chemicals. These restrictions will make it more difficult for nations 
who are not parties to the treaty to acquire these chemicals, and will 
provide us with much more information than we currently have about who 
is seeking to import such chemicals, and in what amounts.
  So the concern about verification, while valid, I believe has been 
more than adequately addressed. We must go into this treaty with our 
eyes open, aware that it will not detect every violation. But why would 
we deprive ourselves of the extremely useful tools and information this 
treaty would provide on the grounds that they are not fool-proof? It 
would be incredibly short-sighted to do so.
  Another concern that has been raised involves the potential theft of 
commercial or trade secrets. Nothing in the CWC or its implementation 
language require the United States, or any U.S. company, to provide any 
confidential business information to any foreign party.
  I am concerned about how this issue has been addressed in this 
implementation legislation. Under this bill, the American taxpayer must 
pay for the theft of confidential business information by foreign 
industrial spies.
  I think the better course is for the injured business to first take 
reasonable steps to seek compensation from the spy who stole the 
information or from the foreign company which used the stolen 
information to gain a competitive advantage, before going after the 
U.S. Treasury. I am hopeful that this issue can be addressed in the 
conference on this legislation, and I appreciate the commitment of the 
Senator from Arizona to continue to work with me on this.
  Mr. President, I think this debate really comes down to whether or 
not one supports international arms control agreements. Many of the 
criticisms of the CWC and implementation legislation were levied 
against all previous successful arms control treaties, such as the 
Nuclear Non-Proliferation Treaty, and the START Treaty.
  Those who worry that the United States will weaken its vigilance in 
our efforts to guard against the threat of chemical weapons have 
actually done us a service. I believe the intensity of this debate has 
helped to ensure that we will never allow ourselves to believe that the 
treaty by itself is enough. We will follow the course that President 
Reagan did--a strong national defense and arms control agreements with 
verification.
  The CWC is not a panacea, and none of its proponents believes it is. 
It will not by itself banish chemical weapons from the earth, but it 
would result in the destruction of much of the world's chemical weapons 
stocks, and provide us with a valuable set of tools that would 
significantly strengthen our ability to monitor and defend against the 
threat of chemical weapons.
  I am very pleased that both sides of this debate were able to work 
together and come to what I feel is, overall, a good agreement. I urge 
my colleagues to vote for the CWC Implementation Legislation.
  Thank you, Mr. President. I yield the floor.
  Mr. DOMENICI. Mr. President, the Chemical Weapons Convention 
Implementation Act of 1997, S. 610, adequately serves to implement the 
obligations of the Nation under the Chemical Weapons Convention that we 
ratified a few weeks ago. S. 610 reinforces the concerns expressed in 
the ratification conditions that constitutional protections for U.S. 
citizens must be maintained during the intrusive inspection regime 
required by the CWC. S. 610 protects both private companies and Federal 
installations from frivolous challenge inspections by demanding that 
probable cause be demonstrated in order to obtain a search warrant.
  S. 610 implements procedures for taking samples and maintains the 
requirement in the Senate's ratification conditions that these samples 
will stay within the country. To the extent possible, I would encourage 
the U.S. National Authority to work with the Organization for the 
Prohibition of Chemical Weapons to move toward inspection techniques 
that avoid all concerns with loss of proprietary chemical information 
from the acquisition and analysis of samples. Measurement techniques, 
using acoustic signatures for example, have been developed at Los 
Alamos that can identify whether the contents of a container are a 
known chemical weapon agent or precursor, without resorting to actual 
chemical analysis.
  During the ratification process for the CWC, I was concerned with 
protection of business interests of U.S. companies, and was 
particularly concerned that small businesses might be adversely 
impacted by challenge inspections directed against their property. S. 
610 now allows any company to request federal assistance in preparing 
for an inspection and provides that a small business shall receive such 
assistance without cost. That's a good step for further protecting the 
interests of our small businesses.
  With passage of S. 610, the United States will move ahead to 
implement the Chemical Weapons Convention in concert with the 
International Organization for the Prohibition of Chemical Weapons. 
Unfortunately, the international community involved in the CWC now does 
not include Russia since they failed to ratify the convention. To 
realize the full global benefits of the CWC, more nations need to 
accept the convention's conditions--and I hope that Russia will lead 
the way among the nations that still have not ratified the convention.
  Mr. LOTT. Mr. President, I ask unanimous consent the bill be 
considered read a third time and passed, the title amendment be agreed 
to, the motion to reconsider be laid upon the table, and that 
statements relating to the bill appear at the appropriate place in the 
Record.
  The PRESIDING OFFICER. Is there objection? Without objection, it is 
so ordered.
  The bill (S. 610), as amended, was deemed read the third time and 
passed.
  The title was amended so as to read:

       A bill to implement the obligations of the United States 
     under the Chemical Weapons Convention.

                          ____________________