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Chemical Weapons Convention
Implementation Act
[DOCID: f:publ277.105]


[[Page 112 STAT. 2681]]

    
      
*Public Law 105-277
105th Congress


                                 An Act


 
Making omnibus consolidated and emergency appropriations for the fiscal 
year ending September 30, 1999, and for other purposes. <<NOTE: Oct. 21, 
                         1998 -  [H.R. 4328]>> 

    Be it enacted by the Senate and House of Representatives of the 
United States of America in <<NOTE: Omnibus Consolidated and Emergency 
Supplemental Appropriations Act, 1999.>> Congress assembled,

[[Page 112 STAT. 2681-856]]

DIVISION <<NOTE: Chemical Weapons Convention Implementation Act of 
1998. 22 USC 6701 note>> I--CHEMICAL WEAPONS CONVENTION

SECTION 1. SHORT TITLE.

      This Division may be cited as the ``Chemical Weapons Convention 
Implementation Act of 1998''.

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. <<NOTE: 22 USC 6701.>> DEFINITIONS.
      In this Act:

[[Page 112 STAT. 2681-857]]

            (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.

[[Page 112 STAT. 2681-858]]

                    (C) Unrelated military purposes.--Any military 
                purpose of the United States that is not connected with 
                the use of a chemical weapon and that is not dependent 
                on the use of the toxic or poisonous properties of the 
                chemical weapon to cause death or other harm.
                    (D) Law enforcement purposes.--Any law enforcement 
                purpose, including any domestic riot control purpose and 
                including imposition of capital punishment.
            (9) Technical secretariat.--The term ``Technical 
        Secretariat'' means the Technical Secretariat of the 
        Organization for the Prohibition of Chemical Weapons established 
        by the Chemical Weapons Convention.
            (10) Schedule 1 chemical agent.--The term `Schedule 1 
        chemical agent' means any of the following, together or 
        separately:
                    (A) O-Alkyl (<ls-thn-eq>C<INF>10</INF>, incl. 
                cycloalkyl) alkyl
                          (Me, Et, n-Pr or i-Pr)-phosphonofluoridates
                          (e.g. Sarin: O-Isopropyl 
                      methylphosphonofluoridate Soman: O-Pinacolyl 
                      methylphosphonofluoridate).
                    (B) O-Alkyl (<ls-thn-eq>C<INF>10</INF>, incl. 
                cycloalkyl) N,N-dialkyl
                          (Me, Et, n-Pr or i-Pr)-phosphoramidocyanidates
                          (e.g. Tabun: O-Ethyl N,N-dimethyl 
                      phosphoramidocyanidate).
                    (C) O-Alkyl (H or <ls-thn-eq>C<INF>10</INF>, incl. 
                cycloalkyl) S-2-dialkyl
                          (Me, Et, n-Pr or i-Pr)-aminoethyl alkyl
                          (Me, Et, n-Pr or i-Pr) phosphonothiolates and 
                      corresponding alkylated or protonated salts
                          (e.g. VX: O-Ethyl S-2-diisopropylaminoethyl 
                      methyl phosphonothiolate).
                    (D) Sulfur mustards:
                          2-Chloroethylchloromethylsulfide
                          Mustard gas: (Bis(2-chloroethyl)sulfide
                          Bis(2-chloroethylthio)methane
                          Sesquimustard: 1,2-Bis(2-
                      chloroethylthio)ethane
                          1,3-Bis(2-chloroethylthio)-n-propane
                          1,4-Bis(2-chloroethylthio)-n-butane
                          1,5-Bis(2-chloroethylthio)-n-pentane
                          Bis(2-chloroethylthiomethyl)ether
                          O-Mustard: Bis(2-chloroethylthioethyl)ether.
                    (E) Lewisites:
                          Lewisite 1: 2-Chlorovinyldichloroarsine
                          Lewisite 2: Bis(2-chlorovinyl)chloroarsine
                          Lewisite 3: Tris (2-clorovinyl)arsine.
                    (F) Nitrogen mustards:
                          HN1: Bis(2-chloroethyl)ethylamine
                          HN2: Bis(2-chloroethyl)methylamine
                          HN3: Tris(2-chloroethyl)amine.
                    (G) Saxitoxin.
                    (H) Ricin.
                    (I) Alkyl (Me, Et, n-Pr or i-Pr) 
                phosphonyldifluorides
                          e.g. DF: Methylphosphonyldifluoride.
                    (J) O-Alkyl (H or >C<INF>10</INF>, incl. 
                cycloalkyl)O-2-dialkyl
                          (Me, Et, n-Pr or i-Pr)-aminoethyl alkyl
                          (Me, Et, n-Pr or i-Pr) phosphonites and 
                      corresponding alkylated or protonated salts
      e.g. QL: O-Ethyl O-2-diisopropylaminoethyl methylphosphonite.
      (K) Chlorosarin: O-Isopropyl methylphosphonochloridate.

[[Page 112 STAT. 2681-859]]

      (L) Chlorosoman: O-Pinacolyl methylphosphonochloridate.
      (11) Schedule 2 chemical agent.--The term `Schedule 2 chemical 
agent' means the following, together or separately:
      (A) Amiton: O,O-Diethyl S-[2-(diethylamino)ethyl]
      phosphorothiolate and corresponding alkylated or protonated salts.
      (B) PFIB: 1,1,3,3,3-Pentafluoro-2-(trifluoromethyl)-1-propene.
      (C) BZ: 3-Quinuclidinyl benzilate
      (D) Chemicals, except for those listed in Schedule 1, containing a 
phosphorus atom to which is bonded one methyl, ethyl or propyl (normal 
or iso) group but not further carbon atoms,
      e.g. Methylphosphonyl dichloride Dimethyl methylphosphonate
      Exemption: Fonofos: O-Ethyl S-phenyl ethylphosphonothiolothionate.
      (E) N,N-Dialkyl (Me, Et, n-Pr or i-Pr) phosphoramidic dihalides.
      (F) Dialkyl (Me, Et, n-Pr or i-Pr) N,N-dialkyl (Me, Et, n-Pr or i-
Pr)-phosphoramidates.
      (G) arsenic trichloride.
      (H) 2,2-Diphenyl-2-hydroxyacetic acid.
      (I) Quinuclidine-3-ol.
      (J) N,N-Dialkyl (Me, Et, n-Pr or i-Pr) aminoethyl-2-chlorides and 
corresponding protonated salts.
      (K) N,N-Dialkyl (Me, Et, n-Pr or i-Pr) aminoethane-2-ols and 
corresponding protonated salts
      Exemptions: N,N-Dimethylaminoethanol and corresponding protonated 
salts N,N-Diethylaminoethanol and corresponding protonated salts.
      (L) N,N-Dialkyl (Me, Et, n-Pr or i-Pr) aminoethane-2-thiols and 
corresponding protonated salts.
      (M) Thiodiglycol: Bis(2-hydroxyethyl)sulfide.
      (N) Pinacolyl alcohol: 3,3-Dimethylbutane-2-ol.
      (12) Schedule 3 chemical agent.--The term `Schedule 3 chemical 
agent' means any of the following, together or separately:
      (A) Phosgene: carbonyl dichloride.
      (B) Cyanogen chloride.
      (C) Hydrogen cyanide.
      (D) Chloropicrin: trichloronitromethane.
      (E) Phosphorous oxychloride.
      (F) Phosphorous trichloride.
      (G) Phosphorous pentachloride.
      (H) Trimethyl phosphite.
      (I) Triethyl phosphite.
      (J) Dimethyl phosphite.
      (K) Diethyl phosphite.
      (L) Sulfur monochloride.
      (M) Sulfur dichloride.
      (N) Thionyl chloride.
      (O) Ethyldiethanolamine.
      (P) Methyldiethanolamine.
      (Q) Triethanolamine.
      (13) Toxic chemical.--
      (A) In general.--The term ``toxic chemical'' means any chemical 
which through its chemical action on life processes can cause death, 
temporary incapacitation or permanent
harm to humans or animals. The term includes all such chemicals, 
regardless of their origin or of their method of production, and 
regardless of whether they are produced in facilities, in munitions or 
elsewhere.

[[Page 112 STAT. 2681-860]]

                    (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. <<NOTE: 22 USC 6711.>> 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.

[[Page 112 STAT. 2681-861]]

SEC. 102. NO <<NOTE: 22 USC 6712.>> 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. <<NOTE: 22 USC 6713.>> 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

[[Page 112 STAT. 2681-862]]

        the plaintiff has carried its burden, the United States Court of 
        Federal Claims shall consider, among other things--
                    (A) the value of proprietary information;
                    (B) the availability of the proprietary information;
                    (C) the extent to which the proprietary information 
                is based on patents, trade secrets, or other protected 
                intellectual property;
                    (D) the significance of proprietary information; and
                    (E) the emergence of technology elsewhere a 
                reasonable time after the inspection.

    (b) Tort Liability.--The district courts of the United States shall 
have exclusive jurisdiction of civil actions for money damages for any 
tort under the Constitution or any Federal or State law arising from the 
acts or omissions of any officer or employee of the United States or the 
Organization, including any member of an inspection team of the 
Technical Secretariat, taken pursuant to or under color of the 
Convention or this Act.
    (c) Waiver of Sovereign Immunity of the United States.--In any 
action under subsection (a) or (b), the United States may not raise 
sovereign immunity as a defense.
    (d) Authority for Cause of Action.--
            (1) United states actions in united states district court.--
        Notwithstanding any other law, the Attorney General of the 
        United States is authorized to bring an action in the United 
        States District Court for the District of Columbia against any 
        foreign nation for money damages resulting from that nation's 
        refusal to provide indemnification to the United States for any 
        liability imposed on the United States by virtue of the actions 
        of an inspector of the Technical Secretariat who is a national 
        of that foreign nation acting at the direction or the behest of 
        that foreign nation.
            (2) United states actions in courts outside the united 
        states.--The Attorney General is authorized to seek any and all 
        available redress in any international tribunal for 
        indemnification to the United States for any liability imposed 
        on the United States by virtue of the actions of an inspector of 
        the Technical Secretariat, and to seek such redress in the 
        courts of the foreign nation from which the inspector is a 
        national.
            (3) Actions brought by individuals and businesses.--
        Notwithstanding any other law, any national of the United 
        States, or any business entity organized and operating under the 
        laws of the United States, may bring a civil action in a United 
        States District Court for money damages against any foreign 
        national or any business entity organized and operating under 
        the laws of a foreign nation for an unauthorized or unlawful 
        acquisition, receipt, transmission, or use of property by or on 
        behalf of such foreign national or business entity as a result 
        of any tort under the Constitution or any Federal or State law 
        arising from acts or omissions by any officer or employee of the 
        United States or any member of an inspection team of the 
        Technical Secretariat taken pursuant to or under the color of 
        the Convention or this Act.

    (e) Recoupment.--
            (1) Policy.--It is the policy of the United States to recoup 
        all funds withdrawn from the Treasury of the United States in 
        payment for any tort under Federal or State law or taking

[[Page 112 STAT. 2681-863]]

        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 subparagraph (A) under the Arms 
                      Export Control Act.
                          (ii) Sanctions under export administration act 
                      of 1979.--The authorities under section 6 of the 
                      Export Administration Act of 1979 shall be used to 
                      prohibit the export of any goods or technology on 
                      the control list established pursuant to section 
                      5(c)(1) of that Act to a person described in 
                      subparagraph (A).
                          (iii) International financial assistance.--The 
                      United States shall oppose any loan or financial 
                      or technical assistance by international financial 
                      institutions in accordance with section 701 of the 
                      International Financial Institutions Act to a 
                      person described in subparagraph (A).
                          (iv) Export-import bank transactions.--The 
                      United States shall not give approval to 
                      guarantee, insure, or extend credit, or to 
                      participate in the extension of credit to a person 
                      described in subparagraph (A) through the Export-
                      Import Bank of the United States.
                          (v) Private bank transactions.--Regulations 
                      shall be issued to prohibit any United States bank 
                      from making any loan or providing any credit to a 
                      person described in subparagraph (A).
                          (vi) Blocking of assets.--The President shall 
                      take all steps necessary to block any transactions 
                      in any property subject to the jurisdiction of the 
                      United States in which a person described in 
                      subparagraph (A) has any interest whatsoever, for 
                      the purpose of

[[Page 112 STAT. 2681-864]]

                      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

[[Page 112 STAT. 2681-865]]

                      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

[[Page 112 STAT. 2681-866]]

        or damages to a United States person and for which actions or 
        omissions the United States has been found liable of a tort or 
        taking pursuant to this Act;
            (2) traffics in United States confidential business 
        information, a proven claim to which is owned by a United States 
        national;
            (3) is a corporate officer, principal, shareholder with a 
        controlling interest of an entity which has been involved in the 
        unauthorized disclosure of United States confidential business 
        information, a proven claim to which is owned by a United States 
        national; or
            (4) is a spouse, minor child, or agent of a person 
        excludable under paragraph (1), (2), or (3).
      (g) United States Confidential Business Information Defined.--In 
this section, the term ``United States confidential business 
information'' means any trade secrets or commercial or financial 
information that is privileged and confidential--
            (1) including--
                    (A) data described in section 304(e)(2) of this Act,
                    (B) any chemical structure,
                    (C) any plant design process, technology, or 
                operating method,
                    (D) any operating requirement, input, or result that 
                identifies any type or quantity of chemicals used, 
                processed, or produced, or
                    (E) any commercial sale, shipment, or use of a 
                chemical, or
            (2) as described in section 552(b)(4) of title 5, United 
        States Code,

and that is obtained--
      (i) from a United States person; or
      (ii) through the United States Government or the conduct of an 
inspection on United States territory under the Convention.

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

                Subtitle A--Criminal and Civil Penalties

SEC. 201. CRIMINAL AND CIVIL PROVISIONS.

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

                     ``CHAPTER 11B--CHEMICAL WEAPONS

``Sec.
``229. Prohibited activities.
``229A. Penalties.
``229B. Criminal forfeitures; destruction of weapons.
``229C. Individual self-defense devices.
``229D. Injunctions.
``229E. Requests for military assistance to enforce prohibition in 
           certain emergencies.
``229F. Definitions.

``Sec. 229. Prohibited activities

    ``(a) Unlawful Conduct.--Except as provided in subsection (b), it 
shall be unlawful for any person knowingly--

[[Page 112 STAT. 2681-867]]

            ``(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.

[[Page 112 STAT. 2681-868]]

    ``(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.

[[Page 112 STAT. 2681-869]]

                    ``(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:

[[Page 112 STAT. 2681-870]]

                    ``(A) A toxic chemical and its precursors, except 
                where intended for a purpose not prohibited under this 
                chapter as long as the type and quantity is consistent 
                with such a purpose.
                    ``(B) A munition or device, specifically designed to 
                cause death or other harm through toxic properties of 
                those toxic chemicals specified in subparagraph (A), 
                which would be released as a result of the employment of 
                such munition or device.
                    ``(C) Any equipment specifically designed for use 
                directly in connection with the employment of munitions 
                or devices specified in subparagraph (B).
            ``(2) Chemical weapons convention; convention.--The terms 
        `Chemical Weapons Convention' and `Convention' mean the 
        Convention on the Prohibition of the Development, Production, 
        Stockpiling and Use of Chemical Weapons and on Their 
        Destruction, opened for signature on January 13, 1993.
            ``(3) Key component of a binary or multicomponent chemical 
        system.--The term `key component of a binary or multicomponent 
        chemical system' means the precursor which plays the most 
        important role in determining the toxic properties of the final 
        product and reacts rapidly with other chemicals in the binary or 
        multicomponent system.
            ``(4) National of the united states.--The term `national of 
        the United States' has the same meaning given such term in 
        section 101(a)(22) of the Immigration and Nationality Act (8 
        U.S.C. 1101(a)(22)).
            ``(5) Person.--The term `person', except as otherwise 
        provided, means any individual, corporation, partnership, firm, 
        association, trust, estate, public or private institution, any 
        State or any political subdivision thereof, or any political 
        entity within a State, any foreign government or nation or any 
        agency, instrumentality or political subdivision of any such 
        government or nation, or other entity located in the United 
        States.
            ``(6) Precursor.--
                    ``(A) In general.--The term `precursor' means any 
                chemical reactant which takes part at any stage in the 
                production by whatever method of a toxic chemical. The 
                term includes any key component of a binary or 
                multicomponent chemical system.
                    ``(B) List of precursors.--Precursors which have 
                been identified for the application of verification 
                measures under Article VI of the Convention are listed 
                in schedules contained in the Annex on Chemicals of the 
                Chemical Weapons Convention.
            ``(7) Purposes not prohibited by this chapter.--The term 
        `purposes not prohibited by this chapter' means the following:
                    ``(A) Peaceful purposes.--Any peaceful purpose 
                related to an industrial, agricultural, research, 
                medical, or pharmaceutical activity or other activity.
                    ``(B) Protective purposes.--Any purpose directly 
                related to protection against toxic chemicals and to 
                protection against chemical weapons.
                    ``(C) Unrelated military purposes.--Any military 
                purpose of the United States that is not connected with 
                the use of a chemical weapon or that is not dependent

[[Page 112 STAT. 2681-871]]

                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.

[[Page 112 STAT. 2681-872]]

              Subtitle B--Revocations of Export Privileges

SEC. 211. <<NOTE: 18 USC 229 note.>> 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. <<NOTE: 22 USC 6721.>> 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. <<NOTE: 22 USC 6722.>> 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,

[[Page 112 STAT. 2681-873]]

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. <<NOTE: 22 USC 6723.>> 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

[[Page 112 STAT. 2681-874]]

                      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. <<NOTE: 22 USC 6724.>> PROCEDURES FOR INSPECTIONS.
      (a) Types of Inspections.--Each inspection of a plant, plant site, 
or other facility or location in the United States under the Convention 
shall be conducted in accordance with this section and section 305, 
except where other procedures are provided in a facility agreement 
entered into under section 302.

    (b) Notice.--
            (1) In general.--An inspection referred to in subsection (a) 
        may be made only upon issuance of an actual written notice by 
        the United States National Authority to the owner and to the 
        operator, occupant, or agent in charge of the premises to be 
        inspected.
            (2) Time of Notification.--The notice for a routine 
        inspection shall be submitted to the owner and to the operator, 
        occupant, or agent in charge within six hours of receiving the 
        notification of the inspection from the Technical Secretariat or 
        as soon as possible thereafter. Notice for a challenge 
        inspection shall be provided at any appropriate time determined 
        by the United States National Authority. Notices may be posted 
        prominently at the plant, plant site, or other facility or 
        location if the United States is unable to provide actual 
        written notice to the owner, operator, or agent in charge of the 
        premises.
            (3) Content of notice.--
                    (A) In general.--The notice under paragraph (1) 
                shall include all appropriate information supplied by 
                the Technical Secretariat to the United States National 
                Authority concerning--
                          (i) the type of inspection;
                          (ii) the basis for the selection of the plant, 
                      plant site, or other facility or location for the 
                      type of inspection sought;
                          (iii) the time and date that the inspection 
                      will begin and the period covered by the 
                      inspection; and
                          (iv) the names and titles of the inspectors.
                    (B) Special rule for challenge inspections.--In the 
                case of a challenge inspection pursuant to Article IX of 
                the Convention, the notice shall also include all 
                appropriate evidence or reasons provided by the 
                requesting state party to the Convention for seeking the 
                inspection.
            (4) Separate notices required.--A separate notice shall be 
        provided for each inspection, except that a notice shall not be 
        required for each entry made during the period covered by the 
        inspection.
      (c) Credentials.--The head of the inspection team of the Technical 
Secretariat and the accompanying employees of the Federal government 
shall display appropriate identifying credentials to the owner, 
operator, occupant, or agent in charge of the premises before the 
inspection is commenced.
      (d) Timeframe for Inspections.--Consistent with the provisions of 
the Convention, each inspection shall be commenced and

[[Page 112 STAT. 2681-875]]

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. <<NOTE: 22 USC 6725.>>  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

[[Page 112 STAT. 2681-876]]

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

[[Page 112 STAT. 2681-877]]

                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

[[Page 112 STAT. 2681-878]]

                pursuant to Article IX of the Chemical Weapons 
                Convention, where consent has been withheld, the United 
                States Government shall first obtain from a judge of the 
                United States a criminal search warrant based upon 
                probable cause, supported by oath or affirmation, and 
                describing with particularity the place to be searched 
                and the person or things to be seized.
                    (B) Information provided.--The United States 
                Government shall provide to the judge of the United 
                States--
                          (i) all appropriate information supplied by 
                      the Technical Secretariat to the United States 
                      National Authority regarding the basis for the 
                      selection of the plant site, plant, or other 
                      facility or location for the type of inspection 
                      sought;
                          (ii) any other appropriate information 
                      relating to the reasonableness of the selection of 
                      the plant, plant site, or other facility or 
                      location for the inspection;
                          (iii) information concerning--
                                    (I) the duration and scope of the 
                                inspection;
                                    (II) areas to be inspected;
                                    (III) records and data to be 
                                reviewed; and
                                    (IV) samples to be taken;
                          (iv) appropriate evidence or reasons provided 
                      by the requesting state party for the inspection;
                          (v) any other evidence showing probable cause 
                      to believe that a violation of this Act has 
                      occurred or is occurring; and
                          (vi) the identities of the representatives of 
                      the Technical Secretariat on the inspection team 
                      and the Federal Government employees accompanying 
                      the inspection team.
                    (C) Content of warrant.--The warrant shall 
                specify--
                          (i) the type of inspection authorized;
                          (ii) the purpose of the inspection;
                          (iii) the type of plant site, plant, or other 
                      facility or location to be inspected;
                          (iv) the areas of the plant site, plant, or 
                      other facility or location to be inspected;
                          (v) the items, documents, data, equipment, and 
                      computers that may be inspected or seized;
                          (vi) samples that may be taken;
                          (vii) the earliest commencement and latest 
                      concluding dates and times of the inspection; and
                          (viii) the identities of the representatives 
                      of the Technical Secretariat on the inspection 
                      teams and the Federal Government employees 
                      accompanying the inspection team.

SEC. 306. <<NOTE: 22 USC 6726.>>  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. <<NOTE: 22 USC 6727.>> NATIONAL SECURITY EXCEPTION.
      Consistent with the objective of eliminating chemical weapons, the 
President may deny a request to inspect any facility in the

[[Page 112 STAT. 2681-879]]

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. <<NOTE: 41 USC 436.>> 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. <<NOTE: 22 USC 6728.>>  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

[[Page 112 STAT. 2681-880]]

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. <<NOTE: 22 USC 6729.>>  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. <<NOTE: 22 USC 6741.>>  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

[[Page 112 STAT. 2681-881]]

                    (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. <<NOTE: 22 USC 6742.>> 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. <<NOTE: 22 USC 6743.>> 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.

[[Page 112 STAT. 2681-882]]

SEC. 404. <<NOTE: 22 USC 6744.>>  CONFIDENTIALITY OF INFORMATION.

    (a) Freedom of Information Act Exemption for Certain Convention 
Information.--Except as provided in subsection (b) or (c), any 
confidential business information, as defined in section 103(g), 
reported to, or otherwise acquired by, the United States Government 
under this Act or under the Convention shall not be disclosed under 
section 552(a) of title 5, United States Code.
    (b) Exceptions.--
            (1) Information for the technical secretariat.--Information 
        shall be disclosed or otherwise provided to the Technical 
        Secretariat or other states parties to the Chemical Weapons 
        Convention in accordance with the Convention, in particular, the 
        provisions of the Annex on the Protection of Confidential 
        Information.
            (2) Information for congress.--Information shall be made 
        available to any committee or subcommittee of Congress with 
        appropriate jurisdiction upon the written request of the 
        chairman or ranking minority member of such committee or 
        subcommittee, except that no such committee or subcommittee, and 
        no member and no staff member of such committee or subcommittee, 
        shall disclose such information or material except as otherwise 
        required or authorized by law.
            (3) Information for enforcement actions.--Information shall 
        be disclosed to other Federal agencies for enforcement of this 
        Act or any other law, and shall be disclosed or otherwise 
        provided when relevant in any proceeding under this Act or any 
        other law, except that disclosure or provision in such a 
        proceeding shall be made in such manner as to preserve 
        confidentiality to the extent practicable without impairing the 
        proceeding.

    (c) Information Disclosed in the National Interest.--
            (1) Authority.--The United States Government shall disclose 
        any information reported to, or otherwise required by the United 
        States Government under this Act or the Convention, including 
        categories of such information, that it determines is in the 
        national interest to disclose and may specify the form in which 
        such information is to be disclosed.
            (2) Notice of disclosure.--
                    (A) Requirement.--If any Department or agency of the 
                United States Government proposes pursuant to paragraph 
                (1) to publish or disclose or otherwise provide 
                information exempt from disclosure under subsection (a), 
                the United States National Authority shall, unless 
                contrary to national security or law enforcement needs, 
                provide notice of intent to disclose the information--
                          (i) to the person that submitted such 
                      information; and
                          (ii) in the case of information about a person 
                      received from another source, to the person to 
                      whom that information pertains.

                The information may not be disclosed until the 
                expiration of 30 days after notice under this paragraph 
                has been provided.
                    (B) Proceedings on objections.--In the event that 
                the person to which the information pertains objects to 
                the disclosure, the agency shall promptly review the 
                grounds for each objection of the person and shall 
                afford

[[Page 112 STAT. 2681-883]]

                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. <<NOTE: 22 USC 6745.>> 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. <<NOTE: 22 USC 6761.>> 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.--

[[Page 112 STAT. 2681-884]]

                    (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,


[[Page 112 STAT. 2681-885]]


        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. <<NOTE: 22 USC 6762.>> 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. <<NOTE: 22 USC 6763.>> 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.

[[Page 112 STAT. 2681-886]]

                   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. <<NOTE: 22 USC 6771.>> PROHIBITION.

    (a) In General.--Neither the Secretary of Defense nor any other 
officer or employee of the United States may, directly or by contract--
            (1) conduct any test or experiment involving the use of any 
        chemical or biological agent on a civilian population; or
            (2) use human subjects for the testing of chemical or 
        biological agents.

    (b) Construction.--Nothing in subsection (a) may be construed to 
prohibit actions carried out for purposes not prohibited by this Act (as 
defined in section 3(8)).
    (c) Biological Agent Defined.--In this section, the term 
``biological agent'' means any micro-organism (including bacteria, 
viruses, fungi, rickettsiae or protozoa), pathogen, or infectious 
substance, or any naturally occurring, bio-engineered or synthesized 
component of any such micro-organism, pathogen, or infectious substance, 
whatever its origin or method of production, capable of causing--
            (1) death, disease, or other biological malfunction in a 
        human, an animal, a plant, or another living organism;
            (2) deterioration of food, water, equipment, supplies, or 
        materials of any kind; or
            (3) deleterious alteration of the environment.

SEC. 603. BANKRUPTCY ACTIONS.

    Section 362(b) of title 11, United States Code, is amended--
            (1) by striking paragraphs (4) and (5); and
            (2) by inserting after paragraph (3) the following:
            ``(4) under paragraph (1), (2), (3), or (6) of subsection 
        (a) of this section, of the commencement or continuation of an 
        action or proceeding by a governmental unit or any organization 
        exercising authority under the Convention on the Prohibition of 
        the Development, Production, Stockpiling and Use of Chemical 
        Weapons and on Their Destruction, opened for signature on 
        January 13, 1993, to enforce such governmental unit's or 
        organization's police and regulatory power, including the 
        enforcement of a judgment other than a money judgment, obtained 
        in an action or proceeding by the governmental unit to enforce 
        such governmental unit's or organization's police or regulatory 
        power;''.

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