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<PRE>[DOCID: f:h2709enr.txt]
        H.R.2709

                       One Hundred Fifth Congress

                                 of the

                        United States of America


                          AT THE SECOND SESSION

          Begun and held at the City of Washington on Tuesday,
the twenty-seventh day of January, one thousand nine hundred and ninety-
                                  eight


                                 An Act


 
   To impose certain sanctions on foreign persons who transfer items 
contributing to Iran's efforts to acquire, develop, or produce ballistic 
 missiles, and to implement the obligations of the United States under 
                    the Chemical Weapons Convention.

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

             TITLE I--IRAN MISSILE PROLIFERATION SANCTIONS

SEC. 101. SHORT TITLE.

    This title may be cited as the ``Iran Missile Proliferation 
Sanctions Act of 1998''.

SEC. 102. REPORTS ON MISSILE PROLIFERATION TO IRAN.

    (a) Reports.--Except as provided in subsection (c), the President 
shall, at the times specified in subsection (b), submit to the 
Committee on International Relations of the House of Representatives 
and the Committee on Foreign Relations of the Senate a report 
identifying every foreign person with respect to whom there is credible 
information indicating that that person, on or after January 22, 1998--
        (1)(A) transferred items on the MTCR Annex, or items that the 
    United States proposes for addition to the MTCR Annex, that 
    contributed to Iran's efforts to acquire, develop, or produce 
    ballistic missiles; or
        (B) provided technical assistance or facilities which the 
    President deems to be of concern because of their direct 
    contribution to Iran's efforts to acquire, develop, or produce 
    ballistic missiles; or
        (2)(A) attempted to transfer items on the MTCR Annex, or items 
    that the United States proposes for addition to the MTCR Annex, 
    that would have contributed to Iran's efforts to acquire, develop, 
    or produce ballistic missiles; or
        (B) attempted to provide technical assistance or facilities 
    which the President deems to be of concern because of their direct 
    contribution to Iran's efforts to acquire, develop, or produce 
    ballistic missiles.
    (b) Timing of Reports.--The reports under subsection (a) shall be 
submitted not later than 30 days after the date of the enactment of 
this Act, not later than 180 days after such date of enactment, not 
later than 1 year after such date of enactment, and not later than the 
end of each 1-year period thereafter.
    (c) Exceptions.--Any foreign person who--
        (1) was identified in a previous report submitted under 
    subsection (a) on account of a particular transfer, transaction, or 
    attempt;
        (2) has engaged in a transfer or transaction that was the basis 
    for the imposition of sanctions with respect to that person under 
    section 73 of the Arms Export Control Act or section 1604 of the 
    Iran-Iraq Arms Non-Proliferation Act of 1992;
        (3) may have engaged in a transfer or transaction, or made an 
    attempt, that was the subject of a waiver under section 104; or
        (4) has engaged in a transfer or transaction, or made an 
    attempt, on behalf of, or in concert with, the Government of the 
    United States,
is not required to be identified on account of that same transfer, 
transaction, or attempt in any report submitted thereafter under this 
section.
    (d) Submission in Classified Form.--When the President considers it 
appropriate, reports submitted under subsection (a), or appropriate 
parts thereof, may be submitted in classified form.

SEC. 103. IMPOSITION OF SANCTIONS.

    (a) Requirement To Impose Sanctions.--
        (1) Requirement to impose sanctions.--The sanctions described 
    in subsection (b) shall be imposed on--
            (A) any foreign person identified under subsection (a)(1) 
        of section 102 in a report submitted under that section; and
            (B) any foreign person identified under subsection (a)(2) 
        of section 102 in a report submitted under that section, if 
        that person has been identified in that report or a previous 
        report as having made at least 1 other attempt described in 
        subsection (a)(2) of that section.
        (2) Effective date of sanctions.--The sanctions shall be 
    effective--
            (A) 30 days after the report triggering the sanction is 
        submitted, if the report is submitted on or before the date 
        required by section 102(b);
            (B) 30 days after the date required by section 102(b) for 
        submitting the report, if the report triggering the sanction is 
        submitted within 30 days after that date; and
            (C) on the date that the report triggering the sanction is 
        submitted, if that report is submitted more than 30 days after 
        the date required by section 102(b).
    (b) Description of Sanctions.--The sanctions referred to in 
subsection (a) that are to be imposed on a foreign person described in 
that subsection are the following:
        (1) Arms export sanction.--For a period of not less than 2 
    years, the United States Government shall not sell to that person 
    any item on the United States Munitions List as in effect on August 
    8, 1995, and shall terminate sales to that person of any defense 
    articles, defense services, or design and construction services 
    under the Arms Export Control Act.
        (2) Dual use sanction.--For a period of not less than 2 years, 
    the authorities of section 6 of the Export Administration Act of 
    1979 shall be used to prohibit the export to that person of any 
    goods or technology on the control list established under section 
    5(c)(1) of that Act.
        (3) United states assistance.--For a period of not less than 2 
    years, the United States Government shall not provide any 
    assistance in the form of grants, loans, credits, guarantees, or 
    otherwise, to that person.

SEC. 104. WAIVER ON BASIS OF ADDITIONAL INFORMATION.

    (a) In General.--The President may waive the imposition of any 
sanction that would otherwise be required under section 103 on any 
foreign person 15 days after the President determines and reports to 
the Committee on International Relations of the House of 
Representatives and the Committee on Foreign Relations of the Senate 
that, on the basis of information provided by that person, or otherwise 
obtained by the President, the President is persuaded that the person 
did not, on or after January 22, 1998--
        (1)(A) transfer items on the MTCR Annex, or items that the 
    United States proposes for addition to the MTCR Annex, that 
    contributed to Iran's efforts to acquire, develop, or produce 
    ballistic missiles; or
        (B) provide technical assistance or facilities which the 
    President deems to be of concern because of their direct 
    contribution to Iran's efforts to acquire, develop, or produce 
    ballistic missiles; or
        (2) attempt on more than one occasion--
            (A) to transfer items on the MTCR Annex, or items that the 
        United States proposes for addition to the MTCR Annex, that 
        would have contributed to Iran's efforts to acquire, develop, 
        or produce ballistic missiles; or
            (B) to provide technical assistance or facilities described 
        in paragraph (1)(B).
    (b) Written Justification.--The determination and report of the 
President under subsection (a) shall include a written justification 
describing in detail--
        (1) the credible information indicating that the person--
            (A) transferred items described in section 102(a)(1)(A), or 
        provided technical assistance or facilities described in 
        section 102(a)(1)(B); or
            (B) attempted to transfer items described in section 
        102(a)(1)(A), or attempted to provide tech
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nical assistance or 
        facilities described in section 102(a)(1)(B);
        (2) the additional information which persuaded the President 
    that the person did not--
            (A) transfer items described in section 102(a)(1)(A), or 
        provide technical assistance or facilities described in section 
        102(a)(1)(B); or
            (B) attempt to transfer items described in section 
        102(a)(1)(A), or attempt to provide technical assistance or 
        facilities described in section 102(a)(1)(B); and
        (3) the analysis of the information supporting the President's 
    conclusion.
    (c) Submission in Classified Form.--When the President considers it 
appropriate, the determination and report of the President under 
subsection (a) and the written justification under subsection (b), or 
appropriate parts thereof, may be submitted in classified form.

SEC. 105. WAIVER ON BASIS OF NATIONAL SECURITY.

    (a) In General.--The President may waive the imposition of any 
sanction that would otherwise be required under section 103 on any 
foreign person 15 days after the President determines and reports to 
the Committee on International Relations of the House of 
Representatives and the Committee on Foreign Relations of the Senate 
that such waiver is essential to the national security of the United 
States.
    (b) Written Justification.--The determination and report of the 
President under subsection (a) shall include a written justification 
describing in detail the facts and circumstances supporting the 
President's conclusion.
    (c) Submission in Classified Form.--When the President considers it 
appropriate, the determination and report of the President under 
subsection (a) and the written justification under subsection (b), or 
appropriate parts thereof, may be submitted in classified form.

SEC. 106. ADDITIONAL INFORMATION REGARDING ACTIONS BY GOVERNMENT OF 
              PRIMARY JURISDICTION.

    As part of each report submitted under section 102, the President 
shall include the following information with respect to each foreign 
person identified in that report:
        (1) A statement regarding whether the government of primary 
    jurisdiction over that person was aware of the activities that were 
    the basis for the identification of that person in the report.
        (2) If the government of primary jurisdiction was not aware of 
    the activities that were the basis for the identification of that 
    person in the report, an explanation of the reasons why the United 
    States Government did not inform that government of those 
    activities.
        (3) If the government of primary jurisdiction was aware of the 
    activities that were the basis for the identification of that 
    person in the report, a description of the efforts, if any, 
    undertaken by that government to prevent those activities, and an 
    assessment of the effectiveness of those efforts, including an 
    explanation of why those efforts failed.
        (4) If the government of primary jurisdiction was aware of the 
    activities that were the basis for the identification of that 
    person in the report and failed to undertake effective efforts to 
    prevent those activities, a description of any sanctions that have 
    been imposed on that government by the United States Government 
    because of such failure.

SEC. 107. PURCHASE OF WEAPONS TECHNOLOGY.

    (a) Sense of the Congress.--It is the sense of the Congress that 
the President should exercise the authority granted to him under 
section 504 of the Freedom for Russia and Emerging Eurasian Democracies 
and Open Markets Support Act of 1992 (22 U.S.C. 5854)--
        (1) to prevent the transfer of weapons-related material and 
    delivery systems to Iran through the purchase, barter, or other 
    acquisition of such material and delivery systems; and
        (2) to prevent the transfer to Iran of scientific and technical 
    expertise with respect to such weapons-related material and 
    delivery systems.
    (b) Availability of Amounts.--Amounts hereafter made available, 
subject to the availability of appropriations, to carry out chapter 11 
of part I of the Foreign Assistance Act of 1961 (22 U.S.C. 2295 et 
seq.; relating to assistance for the independent states of the former 
Soviet Union) may be used to carry out subsection (a).

SEC. 108. DEFINITIONS.

    For the purposes of this title--
        (1) the terms ``foreign person'' and ``person'' mean--
            (A) a natural person that is an alien;
            (B) a corporation, business association, partnership, 
        society, trust, or any other nongovernmental entity, 
        organization, or group, that is organized under the laws of a 
        foreign country or has its principal place of business in a 
        foreign country;
            (C) any foreign governmental entity operating as a business 
        enterprise; and
            (D) any successor or subsidiary of any entity described in 
        subparagraph (B) or (C);
        (2) the term ``government of primary jurisdiction'' means--
            (A) in the case of a natural person, the foreign government 
        of the country of which the person is a citizen or national;
            (B) in the case of an entity described in subparagraph (B) 
        of paragraph (1), the foreign government of the country in 
        which the entity has its principal place of business, or the 
        foreign government under whose laws that entity is organized; 
        and
            (C) in the case of a foreign governmental entity described 
        in subparagraph (C) of paragraph (1), the foreign government of 
        which that entity is a part; and
        (3) the term ``MTCR Annex'' has the meaning given that term in 
    section 11B(c)(4) of the Export Administration Act of 1979 (50 
    U.S.C. 2410b(c)(4)).

          TITLE II--CHEMICAL WEAPONS CONVENTION IMPLEMENTATION

SEC. 201. SHORT TITLE.

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

SEC. 202. TABLE OF CONTENTS.

    The table of contents for this title is as follows:
Sec. 201. Short title.
Sec. 202. Table of contents.
Sec. 203. Definitions.

                     Subtitle A--General Provisions

Sec. 211. Designation of United States National Authority.
Sec. 212. No abridgement of constitutional rights.
Sec. 213. Civil liability of the United States.

      Subtitle B--Penalties for Unlawful Activities Subject to the 
                    Jurisdiction of the United States

                 Chapter 1--Criminal and Civil Penalties

Sec. 221. Criminal and civil provisions.

               Chapter 2--Revocations of Export Privileges

Sec. 222. Revocations of export privileges.

                         Subtitle C--Inspections

Sec. 231. Definitions in the subtitle.
Sec. 232. Facility agreements.
Sec. 233. Authority to conduct inspections.
Sec. 234. Procedures for inspections.
Sec. 235. Warrants.
Sec. 236. Prohibited acts relating to inspections.
Sec. 237. National security exception.
Sec. 238. Protection of constitutional rights of contractors.
Sec. 239. Annual report on inspections.
Sec. 240. United States assistance in inspections at private facilities.

                           Subtitle D--Reports

Sec. 251. Reports required by the United States National Authority.
Sec. 252. Prohibition relating to low concentrations of schedule 2 and 3 
          chemicals.
Sec. 253. Prohibition relating to unscheduled discrete organic chemicals 
          and coincidental byproducts in waste streams.
Sec. 254. Confidentiality of information.
Sec. 255. Recordkeeping violations.

                         Subtitle E--Enforcement

Sec. 261. Penalties.
Sec. 262. Specific enforcement.
Sec. 263. Expedited judicial review.

                  Subtitle F--Miscellaneous Provisions

Sec. 271. Repeal.
Sec. 272. Prohibition.
Sec. 273. Bankruptcy actions.

SEC. 203. DEFINITIONS.

    In this title:
        (1) Chemical weapon.--The term ``chemical weapon'' means the 
    following, together or separately:
            (A) A toxic chemical an
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d its precursors, except where 
        intended for a purpose not prohibited under this title 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 title.--The term ``purposes 
    not prohibited by this title'' means the following:
            (A) Peaceful purposes.--Any peaceful purpose related to an 
        industrial, agricultural, research, medical, or pharmaceutical 
        activity or other activity.
            (B) Protective purposes.--Any purpose directly related to 
        protection against toxic chemicals and to protection against 
        chemical weapons.
            (C) Unrelated military purposes.--Any military purpose of 
        the United States that is not connected with the use of a 
        chemical weapon and that is not dependent on the use of the 
        toxic or poisonous properties of the chemical weapon to cause 
        death or other harm.
            (D) Law enforcement purposes.--Any law enforcement purpose, 
        including any domestic riot control purpose and including 
        imposition of capital punishment.
        (9) Technical secretariat.--The term ``Technical Secretariat'' 
    means the Technical Secretariat of the Organization for the 
    Prohibition of Chemical Weapons established by the Chemical Weapons 
    Convention.
        (10) Schedule 1 chemical agent.--The term ``Schedule 1 chemical 
    agent'' means any of the following, together or separately:
            (A) O-Alkyl (&lt;ls-thn-eq&gt;C&lt;INF&gt;10&lt;/INF&gt;, incl. cycloalkyl) 
        alkyl
                (Me, Et, n-Pr or i-Pr)-phosphonofluoridates
                (e.g. Sarin: O-Isopropyl methylphosphonofluoridate 
            Soman: O-Pinacolyl methylphosphonofluoridate).
            (B) O-Alkyl (&lt;ls-thn-eq&gt;C&lt;INF&gt;10&lt;/INF&gt;, 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 &lt;ls-thn-eq&gt;C&lt;INF&gt;10&lt;/INF&gt;, 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 &gt;C&lt;INF&gt;10&lt;/INF&gt;, 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 methylphosphono- chloridate.
            (L) Chlorosoman: O-Pinacolyl methylphosphono- chloridate.
        (11) Schedule 2 chemical agent.--The term ``Schedule 2 chemical 
    agent'' means any of 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 corr
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esponding 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.
            (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 Law Enforcement 
        Act (46 U.S.C. App. 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.

                     Subtitle A--General Provisions

SEC. 211. 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 title 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 title.
    (e) Implementation.--The President is authorized to implement and 
carry out the provisions of this title 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 title and the provisions of the Convention. The Director of the 
United States National Authority shall report to the Congress on the 
regulations that have been issued, implemented, or revised pursuant to 
this section.

SEC. 212. NO ABRIDGEMENT OF CONSTITUTIONAL RIGHTS.

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

SEC. 213. 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 title 
        or the Convention. For purposes of this subsection, action 
        taken pursuant to or under the color of this title 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 title.
        (4) Burden of Proof.--In any civil action under paragraph (1), 
    the plaintiff shall have the burden to establish a prima facie case 
    that, due to acts or omissions of any official of the Organization 
    or any member of an inspection team of the Technical Secretariat 
    taken under the color of the Convention, proprietary information of 
    the plaintiff has been divulged or taken without authorization. If 
    the United States Court of Federal Claims finds that the plaintiff 
    has demonstrated such a prima facie case, the burden shall shift to 
    the United States to disprove the plaintiff's claim. In deciding 
    whether the plaintiff has carried its burden, the United States 
    Court of Federal Claims shall consider, among other things--
            (A) the value of proprietary information;
   
2000
         (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 title.
    (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 title.
    (e) Recoupment.--
        (1) Policy.--It is the policy of the United States to recoup 
    all funds withdrawn from the Treasury of the United States in 
    payment for any tort under Federal or State law or taking under the 
    Constitution arising from the acts or omissions of any foreign 
    person, officer, or employee of the Organization, including any 
    member of an inspection team of the Technical Secretariat, taken 
    under color of the Chemical Weapons Convention or this title.
        (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 title; 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 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 to a country described in 
            subparagraph (A) any item on the United S
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tates Munitions 
            List, shall terminate sales of any defense articles, 
            defense services, or design and construction services to 
            that country under the Arms Export Control Act, and shall 
            terminate all foreign military financing for that country 
            under the Arms Export Control Act.
                (ii) Denial of certain licenses.--Licenses shall not be 
            issued for the export to the sanctioned country of any item 
            on the United States Munitions List or commercial 
            satellites.
                (iii) Denial of assistance.--No appropriated funds may 
            be used for the purpose of providing economic assistance, 
            providing military assistance or grant military education 
            and training, or extending military credits or making 
            guarantees to a country described in subparagraph (A).
                (iv) Sanctions under export administration act of 
            1979.--The authorities of section 6 of the Export 
            Administration Act of 1979 shall be used to prohibit the 
            export of any goods or technology on the control list 
            established pursuant to section 5(c)(1) of that Act to a 
            country described in subparagraph (A).
                (v) International financial assistance.--The United 
            States shall oppose any loan or financial or technical 
            assistance by international financial institutions in 
            accordance with section 701 of the International Financial 
            Institutions Act to a country described in subparagraph 
            (A).
                (vi) Termination of assistance under foreign assistance 
            act of 1961.--The United States shall terminate all 
            assistance to a country described in subparagraph (A) under 
            the Foreign Assistance Act of 1961, except for urgent 
            humanitarian assistance.
                (vii) Private bank transactions.--The United States 
            shall not give approval to guarantee, insure, or extend 
            credit, or participate in the extension of credit through 
            the Export-Import Bank of the United States to a country 
            described in subparagraph (A).
                (viii) Private bank transactions.--Regulations shall be 
            issued to prohibit any United States bank from making any 
            loan or providing any credit to a country described in 
            subparagraph (A).
                (ix) Denial of landing rights.--Landing rights in the 
            United States shall be denied to any air carrier owned by a 
            country described in subparagraph (A), except as necessary 
            to provide for emergencies in which the safety of the 
            aircraft or its crew or passengers is threatened.
        (4) Suspension of sanctions upon recoupment by payment.--
    Sanctions imposed under paragraph (2) or (3) may be suspended if 
    the sanctioned person, business entity, or country, within the 
    period specified in that paragraph, provides full and complete 
    compensation to the United States Government, in convertible 
    foreign exchange or other mutually acceptable compensation 
    equivalent to the full value thereof, in satisfaction of a tort or 
    taking for which the United States has been held liable pursuant to 
    this title.
        (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 title, the President shall transmit written notification of 
    the imposition of sanctions against that foreign person to the 
    chairmen and ranking members of the Committee on International 
    Relations of the House of Representatives and the Committee on 
    Foreign Relations of the Senate.
    (f) Sanctions for Unauthorized Disclosure of United States 
Confidential Business Information.--The Secretary of State shall deny a 
visa to, and the Attorney General shall exclude from the United States 
any alien who, after the date of enactment of this Act--
        (1) is, or previously served as, an officer or employee of the 
    Organization and who has willfully published, divulged, disclosed, 
    or made known in any manner or to any extent not authorized by the 
    Convention any United States confidential business information 
    coming to him in the course of his employment or official duties, 
    or by reason of any examination or investigation of any return, 
    report, or record made to or filed with the Organization, or any 
    officer or employee thereof, such practice or disclosure having 
    resulted in financial loses or damages to a United States person 
    and for which actions or omissions the United States has been found 
    liable of a tort or taking pursuant to this title;
        (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 234(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.

     Subtitle B--Penalties for Unlawful Activities Subject to the 
                   Jurisdiction of the United States

                CHAPTER 1--CRIMINAL AND CIVIL PENALTIES

SEC. 221. CRIMINAL AND CIVIL PROVISIONS.

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

                    ``CHAPTER 11B--CHEMICAL WEAPONS

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

``Sec. 229. Prohibited activities

    ``(a) Unlawful Conduct.--Except as provided in subsection (b), it 
shall be unlawful for any person knowingly--
        ``(1) to develop, produce, otherwise acquire, transfer directly 
    or indirectly, receive, stockpile, retain, own, possess, or use, or 
    threaten to use, any chemical weapon; or
        ``(2) to assist or induce, in any way, any person to violate 
    paragraph (1)
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, or to attempt or conspire to violate paragraph (1).
    ``(b) Exempted Agencies and Persons.--
        ``(1) In general.--Subsection (a) does not apply to the 
    retention, ownership, possession, transfer, or receipt of a 
    chemical weapon by a department, agency, or other entity of the 
    United States, or by a person described in paragraph (2), pending 
    destruction of the weapon.
        ``(2) Exempted persons.--A person referred to in paragraph (1) 
    is--
            ``(A) any person, including a member of the Armed Forces of 
        the United States, who is authorized by law or by an 
        appropriate officer of the United States to retain, own, 
        possess, transfer, or receive the chemical weapon; or
            ``(B) in an emergency situation, any otherwise nonculpable 
        person if the person is attempting to destroy or seize the 
        weapon.
    ``(c) Jurisdiction.--Conduct prohibited by subsection (a) is within 
the jurisdiction of the United States if the prohibited conduct--
        ``(1) takes place in the United States;
        ``(2) takes place outside of the United States and is committed 
    by a national of the United States;
        ``(3) is committed against a national of the United States 
    while the national is outside the United States; or
        ``(4) is committed against any property that is owned, leased, 
    or used by the United States or by any department or agency of the 
    United States, whether the property is within or outside the United 
    States.

``Sec. 229A. Penalties

    ``(a) Criminal Penalties.--
        ``(1) In general.--Any person who violates section 229 of this 
    title shall be fined under this title, or imprisoned for any term 
    of years, or both.
        ``(2) Death penalty.--Any person who violates section 229 of 
    this title and by whose action the death of another person is the 
    result shall be punished by death or imprisoned for life.
    ``(b) Civil Penalties.--
        ``(1) In general.--The Attorney General may bring a civil 
    action in the appropriate United States district court against any 
    person who violates section 229 of this title and, upon proof of 
    such violation by a preponderance of the evidence, such person 
    shall be subject to pay a civil penalty in an amount not to exceed 
    $100,000 for each such violation.
        ``(2) Relation to other proceedings.--The imposition of a civil 
    penalty under this subsection does not preclude any other criminal 
    or civil statutory, common law, or administrative remedy, which is 
    available by law to the United States or any other person.
    ``(c) Reimbursement of Costs.--The court shall order any person 
convicted of an offense under subsection (a) to reimburse the United 
States for any expenses incurred by the United States incident to the 
seizure, storage, handling, transportation, and destruction or other 
disposition of any property that was seized in connection with an 
investigation of the commission of the offense by that person. A person 
ordered to reimburse the United States for expenses under this 
subsection shall be jointly and severally liable for such expenses with 
each other person, if any, who is ordered under this subsection to 
reimburse the United States for the same expenses.

``Sec. 229B. Criminal forfeitures; destruction of weapons

    ``(a) Property Subject to Criminal Forfeiture.--Any person 
convicted under section 229A(a) shall forfeit to the United States 
irrespective of any provision of State law--
        ``(1) any property, real or personal, owned, possessed, or used 
    by a person involved in the offense;
        ``(2) any property constituting, or derived from, and proceeds 
    the person obtained, directly or indirectly, as the result of such 
    violation; and
        ``(3) any of the property used in any manner or part, to 
    commit, or to facilitate the commission of, such violation.
The court, in imposing sentence on such person, shall order, in 
addition to any other sentence imposed pursuant to section 229A(a), 
that the person forfeit to the United States all property described in 
this subsection. In lieu of a fine otherwise authorized by section 
229A(a), a defendant who derived profits or other proceeds from an 
offense may be fined not more than twice the gross profits or other 
proceeds.
    ``(b) Procedures.--
        ``(1) In 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 information or an 
        indictment has not yet been filed with respect to the property, 
        if, in addition to the circumstances described in section 
        413(e)(2) of the Comprehensive Drug Abuse Prevention and 
        Control Act of 1970 (21 U.S.C. 853(e)(2)), the United States 
        demonstrates that there is probable cause to believe that the 
        property with respect to which the order is sought would, in 
        the event of conviction, be subject to forfeiture under this 
        section and exigent circumstances exist that place the life or 
        health of any person in danger.
            ``(B) Warrant of seizure.--If the court enters a temporary 
        restraining order under this paragraph, it shall also issue a 
        warrant authorizing the seizure of such property.
            ``(C) Applicable procedures.--The procedures and time 
        limits applicable to temporary restraining orders under section 
        413(e)(2) and (3) of the Comprehensive Drug Abuse Prevention 
        and Control Act of 1970 (21 U.S.C. 853(e)(2) and (3)) shall 
        apply to temporary restraining orders under this paragraph.
    ``(c) Affirmative Defense.--It is an affirmative defense against a 
forfeiture under subsection (b) that the property--
        ``(1) is for a purpose not prohibited under the Chemical 
    Weapons Convention; and
        ``(2) is of a type and quantity that under the circumstances is 
    consistent with that purpose.
    ``(d) Destruction or Other Disposition.--The Attorney General shall 
provide for the destruction or other appropriate disposition of any 
chemical weapon seized and forfeited pursuant to this section.
    ``(e) Assistance.--The Attorney General may request the head of any 
agency of the United States to assist in the handling, storage, 
transportation, or destruction of property seized under this section.
    ``(f) Owner Liability.--The owner or possessor of any property 
seized under this section shall be liable to the United States for any 
expenses incurred incident to the seizure, including any expenses 
relating to the handling, storage, transportation, and destruction or 
other disposition of the seized property.

``Sec. 229C. Individual self-defense devices

    ``Nothing in this chapter shall be construed to prohibit any 
individual self-defense device, including those using a pepper spray or 
chemical mace.

``Sec. 229D. Injunctions

    ``The United States may obtain in a civil action an injunction 
against--
        ``(1) the conduct prohibited under section 229 or 229C of this 
    title; or
        ``(2) the preparation or solicitation to engage in conduct 
    prohibited under section 229 or 229D of this title.

``Sec. 229E. Requests for military assistance to enforce prohibition in
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            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, United States Code.

``Sec. 229F. Definitions

    ``In this chapter:
        ``(1) Chemical weapon.--The term `chemical weapon' means the 
    following, together or separately:
            ``(A) A toxic chemical and its precursors, except where 
        intended for a purpose not prohibited under this chapter as 
        long as the type and quantity is consistent with such a 
        purpose.
            ``(B) A munition or device, specifically designed to cause 
        death or other harm through toxic properties of those toxic 
        chemicals specified in subparagraph (A), which would be 
        released as a result of the employment of such munition or 
        device.
            ``(C) Any equipment specifically designed for use directly 
        in connection with the employment of munitions or devices 
        specified in subparagraph (B).
        ``(2) Chemical weapons convention; convention.--The terms 
    `Chemical Weapons Convention' and `Convention' mean the Convention 
    on the Prohibition of the Development, Production, Stockpiling and 
    Use of Chemical Weapons and on Their Destruction, opened for 
    signature on January 13, 1993.
        ``(3) Key component of a binary or multicomponent chemical 
    system.--The term `key component of a binary or multicomponent 
    chemical system' means the precursor which plays the most important 
    role in determining the toxic properties of the final product and 
    reacts rapidly with other chemicals in the binary or multicomponent 
    system.
        ``(4) National of the united states.--The term `national of the 
    United States' has the same meaning given such term in section 
    101(a)(22) of the Immigration and Nationality Act (8 U.S.C. 
    1101(a)(22)).
        ``(5) Person.--The term `person', except as otherwise provided, 
    means any individual, corporation, partnership, firm, association, 
    trust, estate, public or private institution, any State or any 
    political subdivision thereof, or any political entity within a 
    State, any foreign government or nation or any agency, 
    instrumentality or political subdivision of any such government or 
    nation, or other entity located in the United States.
        ``(6) Precursor.--
            ``(A) In general.--The term `precursor' means any chemical 
        reactant which takes part at any stage in the production by 
        whatever method of a toxic chemical. The term includes any key 
        component of a binary or multicomponent chemical system.
            ``(B) List of precursors.--Precursors which have been 
        identified for the application of verification measures under 
        Article VI of the Convention are listed in schedules contained 
        in the Annex on Chemicals of the Chemical Weapons Convention.
        ``(7) Purposes not prohibited by this chapter.--The term 
    `purposes not prohibited by this chapter' means the following:
            ``(A) Peaceful purposes.--Any peaceful purpose related to 
        an industrial, agricultural, research, medical, or 
        pharmaceutical activity or other activity.
            ``(B) Protective purposes.--Any purpose directly related to 
        protection against toxic chemicals and to protection against 
        chemical weapons.
            ``(C) Unrelated military purposes.--Any military purpose of 
        the United States that is not connected with the use of a 
        chemical weapon or that is not dependent on the use of the 
        toxic or poisonous properties of the chemical weapon to cause 
        death or other harm.
            ``(D) Law enforcement purposes.--Any law enforcement 
        purpose, including any domestic riot control purpose and 
        including imposition of capital punishment.
        ``(8) Toxic chemical.--
            ``(A) In general.--The term `toxic chemical' means any 
        chemical which through its chemical action on life processes 
        can cause death, temporary incapacitation or permanent harm to 
        humans or animals. The term includes all such chemicals, 
        regardless of their origin or of their method of production, 
        and regardless of whether they are produced in facilities, in 
        munitions or elsewhere.
            ``(B) List of toxic chemicals.--Toxic chemicals which have 
        been identified for the application of verification measures 
        under Article VI of the Convention are listed in schedules 
        contained in the Annex on Chemicals of the Chemical Weapons 
        Convention.
        ``(9) United states.--The term `United States' means the 
    several States of the United States, the District of Columbia, and 
    the commonwealths, territories, and possessions of the United 
    States and includes all places under the jurisdiction or control of 
    the United States, including--
            ``(A) any of the places within the provisions of paragraph 
        (41) of section 40102 of title 49, United States Code;
            ``(B) any civil aircraft of the United States or public 
        aircraft, as such terms are defined in paragraphs (17) and 
        (37), respectively, of section 40102 of title 49, United States 
        Code; and
            ``(C) any vessel of the United States, as such term is 
        defined in section 3(b) of the Maritime Drug Law Enforcement 
        Act (46 U.S.C. App. 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.

              CHAPTER 2--REVOCATIONS OF EXPORT PRIVILEGES

SEC. 222. 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)).

                        Subtitle C--Inspections

SEC. 231. DEFINITIONS IN THIS SUBTITLE.

    (a) In General.--In this subtitle, 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 
Verif
2000
ication 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 subtitle, 
the term ``judge of the United States'' means a judge or magistrate 
judge of a district court of the United States.

SEC. 232. FACILITY AGREEMENTS.

    (a) Authorization of Inspections.--Inspections by the Technical 
Secretariat of plants, plant sites, or other facilities or locations 
for which the United States has a facility agreement with the 
Organization shall be conducted in accordance with the facility 
agreement. Any such facility agreement may not in any way limit the 
right of the owner or operator of the facility to withhold consent to 
an inspection request.
    (b) Types of Facility Agreements.--
        (1) Schedule two facilities.--The United States National 
    Authority shall ensure that facility agreements for plants, plant 
    sites, or other facilities or locations that are subject to 
    inspection pursuant to paragraph 4 of Article VI of the Convention 
    are concluded unless the owner, operator, occupant, or agent in 
    charge of the facility and the Technical Secretariat agree that 
    such an agreement is not necessary.
        (2) Schedule three facilities.--The United States National 
    Authority shall ensure that facility agreements are concluded for 
    plants, plant sites, or other facilities or locations that are 
    subject to inspection pursuant to paragraph 5 or 6 of Article VI of 
    the Convention if so requested by the owner, operator, occupant, or 
    agent in charge of the facility.
    (c) Notification Requirements.--The United States National 
Authority shall ensure that the owner, operator, occupant, or agent in 
charge of a facility prior to the development of the agreement relating 
to that facility is notified and, if the person notified so requests, 
the person may participate in the preparations for the negotiation of 
such an agreement. To the maximum extent practicable consistent with 
the Convention, the owner and the operator, occupant or agent in charge 
of a facility may observe negotiations of the agreement between the 
United States and the Organization concerning that facility.
    (d) Content of Facility Agreements.--Facility agreements shall--
        (1) identify the areas, equipment, computers, records, data, 
    and samples subject to inspection;
        (2) describe the procedures for providing notice of an 
    inspection to the owner, occupant, operator, or agent in charge of 
    a facility;
        (3) describe the timeframes for inspections; and
        (4) detail the areas, equipment, computers, records, data, and 
    samples that are not subject to inspection.

SEC. 233. 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 subtitle.
    (b) Authority.--
        (1) Technical secretariat inspection teams.--Any duly 
    designated member of an inspection team of the Technical 
    Secretariat may inspect any plant, plant site, or other facility or 
    location in the United States subject to inspection pursuant to the 
    Convention.
        (2) United states government representatives.--The United 
    States National Authority shall coordinate the designation of 
    employees of the Federal Government to accompany members of an 
    inspection team of the Technical Secretariat and, in doing so, 
    shall ensure that--
            (A) a special agent of the Federal Bureau of Investigation, 
        as designated by the Federal Bureau of Investigation, 
        accompanies each inspection team visit pursuant to paragraph 
        (1);
            (B) no employee of the Environmental Protection Agency or 
        the Occupational Safety and Health Administration accompanies 
        any inspection team visit conducted pursuant to paragraph (1); 
        and
            (C) the number of duly designated representatives shall be 
        kept to the minimum necessary.
        (3) Objections to individuals serving as inspectors.--
            (A) In general.--In deciding whether to exercise the right 
        of the United States under the Convention to object to an 
        individual serving as an inspector, the President shall give 
        great weight to his reasonable belief that--
                (i) such individual is or has been a member of, or a 
            participant in, any group or organization that has engaged 
            in, or attempted or conspired to engage in, or aided or 
            abetted in the commission of, any terrorist act or 
            activity;
                (ii) such individual has committed any act or activity 
            which would be a felony under the laws of the United 
            States; or
                (iii) the participation of such individual as a member 
            of an inspection team would pose a risk to the national 
            security or economic well-being of the United States.
            (B) Not subject to judicial review.--Any objection by the 
        President to an individual serving as an inspector, whether 
        made pursuant to this section or otherwise, shall not be 
        reviewable in any court.

SEC. 234. 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 235, 
except where other procedures are provided in a facility agreement 
entered into under section 232.
    (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
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 of the Federal Government 
shall display appropriate identifying credentials to the owner, 
operator, occupant, or agent in charge of the premises before the 
inspection is commenced.
    (d) Timeframe for Inspections.--Consistent with the provisions of 
the Convention, each inspection shall be commenced and completed with 
reasonable promptness and shall be conducted at reasonable times, 
within reasonable limits, and in a reasonable manner.
    (e) Scope.--
        (1) In general.--Except as provided in a warrant issued under 
    section 235 or a facility agreement entered into under section 232, 
    an inspection conducted under this subtitle 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 subtitle 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 title 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. 235. WARRANTS.

    (a) In General.--The United States Government shall seek the 
consent of the owner or the operator, occupant, or agent in charge of 
the premises to be inspected prior to any inspection referred to in 
section 304(a). If consent is obtained, a warrant is not required for 
the inspection. The owner or the operator, occupant, or agent in charge 
of the premises to be inspected may withhold consent for any reason or 
no reason. After providing notification pursuant to subsection (b), the 
United States Government may seek a search warrant from a United States 
magistrate judge. Proceedings regarding the issuance of a search 
warrant shall be conducted ex parte, unless otherwise requested by the 
United States Government.
    (b) Routine Inspections.--
        (1) Obtaining administrative search warrants.--For any routine 
    inspection conducted on the territory of the United States pursuant 
    to Article VI of the Convention, where consent has been withheld, 
    the United States Government shall first obtain an administrative 
    search warrant from a judge of the United States. The United States 
    Government shall provide to the judge of the United States all 
    appropriate information supplied by the Technical Secretariat to 
    the United States National Authority regarding the basis for the 
    selection of the plant site, plant, or other facility or location 
    for the type of inspection sought. The United States Government 
    shall also provide any other appropriate information available to 
    it relating to the reasonableness of the selection of the plant, 
    plant site, or other facility or location for the inspection.
        (2) Content of affidavits for administrative search warrants.--
    The judge of the United States shall promptly issue a warrant 
    authorizing the requested inspection upon an affidavit submitted by 
    the United States Government showing that--
            (A) the Chemical Weapons Convention is in force for the 
        United States;
            (B) the plant site, plant, or other facility or location 
        sought to be inspected is required to report data under 
        subtitle D of this title and is subject to routine inspection 
        under the Convention;
            (C) the purpose of the inspection is--
                (i) in the case of any facility owned or operated by a 
            non-Government entity related to Schedule 1 chemical 
            agents, to verify that the facility is not used to produce 
            any Schedule 1 chemical agent except for declared 
            chemicals; quantities of Schedule 1 chemicals produced, 
            processed, or consumed are correctly declared and 
            consistent with needs for the declared purpose; and 
            Schedule 1 chemicals are not diverted or used for other 
            purposes;
                (ii) in the case of any facility related to Schedule 2 
            chemical agents, to verify that activities are in 
            accordance with obligations under the Convention and 
            consistent with the information provided in data 
            declarations; and
                (iii) in the case of any facility related to Schedule 3 
            chemical agents and any other chemical production facility, 
            to verify that the activities of the facility are 
            consistent with the information provided in data 
            declarations;
            (D) the items, documents, and areas to be searched and 
        seized;
            (E) in the case of a facility related to Schedule 2 or 
        Schedule 3 chemical agents or unscheduled discrete organic 
        chemicals, the plant site has not been subject to more than 1 
        routine inspection in the current calendar year, and, in the 
        case of facilities related to Schedule 3 chemical agents or 
        unscheduled discrete organic chemicals, the inspection will not 
        cause the number of routine inspections in the United States to 
        exceed 20 in a calendar year;
            (F) the selection of the site was made in accordance with 
        procedures established under the Convention and, in 
        particular--
                (i) in the case of any facility owned or operated by a 
            non-Government entity related to Schedule 1 chemical 
            agents, the intensity, duration, timing, and mode of the 
            requested inspection is based on the risk to the object and 
            purpose of the Convention by the quantities of chemical 
            produced, the characteristics of the facility and the 
            nature of activities carried out at the facility, and the 
            requested inspection, when considered with previous such 
            inspections of the facility undertaken in the current 
            calendar year, shall not exceed the number reasonably 
            required based on the risk to the object and purpose of the 
            Convention as described above;
                (ii) in the case of any facility related to Schedule 2 
            chemical agents, the Technical Secretariat gave due 
            consideration 
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to the risk to the object and purpose of the 
            Convention posed by the relevant chemical, the 
            characteristics of the plant site and the nature of 
            activities carried out there, taking into account the 
            respective facility agreement as well as the results of the 
            initial inspections and subsequent inspections; and
                (iii) in the case of any facility related to Schedule 3 
            chemical agents or unscheduled discrete organic chemicals, 
            the facility was selected randomly by the Technical 
            Secretariat using appropriate mechanisms, such as 
            specifically designed computer software, on the basis of 
            two weighting factors: (I) equitable geographical 
            distribution of inspections; and (II) the information on 
            the declared sites available to the Technical Secretariat, 
            related to the relevant chemical, the characteristics of 
            the plant site, and the nature of activities carried out 
            there;
            (G) the earliest commencement and latest closing dates and 
        times of the inspection; and
            (H) the duration of inspection will not exceed time limits 
        specified in the Convention unless agreed by the owner, 
        operator, or agent in charge of the plant.
        (3) Content of warrants.--A warrant issued under paragraph (2) 
    shall specify the same matters required of an affidavit under that 
    paragraph. In addition to the requirements for a warrant issued 
    under this paragraph, each warrant shall contain, if known, the 
    identities of the representatives of the Technical Secretariat 
    conducting the inspection and the observers of the inspection and, 
    if applicable, the identities of the representatives of agencies or 
    departments of the United States accompanying those 
    representatives.
        (4) Challenge inspections.--
            (A) Criminal search warrant.--For any challenge inspection 
        conducted on the territory of the United States pursuant to 
        Article IX of the Chemical Weapons Convention, where consent 
        has been withheld, the United States Government shall first 
        obtain from a judge of the United States a criminal search 
        warrant based upon probable cause, supported by oath or 
        affirmation, and describing with particularity the place to be 
        searched and the person or things to be seized.
            (B) Information provided.--The United States Government 
        shall provide to the judge of the United States--
                (i) all appropriate information supplied by the 
            Technical Secretariat to the United States National 
            Authority regarding the basis for the selection of the 
            plant site, plant, or other facility or location for the 
            type of inspection sought;
                (ii) any other appropriate information relating to the 
            reasonableness of the selection of the plant, plant site, 
            or other facility or location for the inspection;
                (iii) information concerning--

                    (I) the duration and scope of the inspection;
                    (II) areas to be inspected;
                    (III) records and data to be reviewed; and
                    (IV) samples to be taken;

                (iv) appropriate evidence or reasons provided by the 
            requesting state party for the inspection;
                (v) any other evidence showing probable cause to 
            believe that a violation of this title 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. 236. 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 title.

SEC. 237. NATIONAL SECURITY EXCEPTION.

    Consistent with the objective of eliminating chemical weapons, the 
President may deny a request to inspect any facility in the United 
States in cases where the President determines that the inspection may 
pose a threat to the national security interests of the United States.

SEC. 238. PROTECTION OF CONSTITUTIONAL RIGHTS OF CONTRACTORS.

    (a) The Office of Federal Procurement Policy Act (41 U.S.C. 403 et 
seq.) is amended by adding at the end the following:

``SEC. 39. PROTECTION OF CONSTITUTIONAL RIGHTS OF CONTRACTORS.

    ``(a) Prohibition.--A contractor may not be required, as a 
condition for entering into a contract with the Federal Government, to 
waive any right under the Constitution for any purpose related to 
Chemical Weapons Convention Implementation Act of 1997 or the Chemical 
Weapons Convention (as defined in section 203 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. 239. 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 
    subtitle D of this title.
        (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) De
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finition.--The term ``appropriate congressional committees'' 
means the Committee on the Judiciary, the Committee on Foreign 
Relations, and the Select Committee on Intelligence of the Senate and 
the Committee on the Judiciary, the Committee on International 
Relations, and the Permanent Select Committee on Intelligence of the 
House of Representatives.

SEC. 240. 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.

                          Subtitle D--Reports

SEC. 251. REPORTS REQUIRED BY THE UNITED STATES NATIONAL AUTHORITY.

    (a) Regulations on Recordkeeping.--
        (1) Requirements.--The United States National Authority shall 
    ensure that regulations are prescribed that require each person 
    located in the United States who produces, processes, consumes, 
    exports, or imports, or proposes to produce, process, consume, 
    export, or import, a chemical substance that is subject to the 
    Convention to--
            (A) maintain and permit access to records related to that 
        production, processing, consumption, export, or import of such 
        substance; and
            (B) submit to the Director of the United States National 
        Authority such reports as the United States National Authority 
        may reasonably require to provide to the Organization, pursuant 
        to subparagraph 1(a) of the Annex on Confidentiality of the 
        Convention, the minimum amount of information and data 
        necessary for the timely and efficient conduct by the 
        Organization of its responsibilities under the Convention.
        (2) Rulemaking.--The Director of the United States National 
    Authority shall ensure that regulations pursuant to this section 
    are prescribed expeditiously.
    (b) Coordination.--
        (1) Avoidance of duplication.--To the extent feasible, the 
    United States Government shall not require the submission of any 
    report that is unnecessary or duplicative of any report required by 
    or under any other law. The head of each Federal agency shall 
    coordinate the actions of that agency with the heads of the other 
    Federal agencies in order to avoid the imposition of duplicative 
    reporting requirements under this title 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. 252. PROHIBITION RELATING TO LOW CONCENTRATIONS OF SCHEDULE 2 AND 
              3 CHEMICALS.

    (a) Prohibition.--Notwithstanding any other provision of this 
title, 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. 253. PROHIBITION RELATING TO UNSCHEDULED DISCRETE ORGANIC 
              CHEMICALS AND COINCIDENTAL BYPRODUCTS IN WASTE STREAMS.

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

SEC. 254. 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 213(g), 
reported to, or otherwise acquired by, the United States Government 
under this title 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 title 
    or any other law, and shall be disclosed or otherwise provided when 
    relevant in any proceeding under this title 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 title or the Convention, including categories 
    of such information, that it determines is in the na
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tional interest 
    to disclose and may specify the form in which such information is 
    to be disclosed.
        (2) Notice of disclosure.--
            (A) Requirement.--If any Department or agency of the United 
        States Government proposes pursuant to paragraph (1) to publish 
        or disclose or otherwise provide information exempt from 
        disclosure under subsection (a), the United States National 
        Authority shall, unless contrary to national security or law 
        enforcement needs, provide notice of intent to disclose the 
        information--
                (i) to the person that submitted such information; and
                (ii) in the case of information about a person received 
            from another source, to the person to whom that information 
            pertains.
        The information may not be disclosed until the expiration of 30 
        days after notice under this paragraph has been provided.
            (B) Proceedings on objections.--In the event that the 
        person to which the information pertains objects to the 
        disclosure, the agency shall promptly review the grounds for 
        each objection of the person and shall afford the objecting 
        person a hearing for the purpose of presenting the objections 
        to the disclosure. Not later than 10 days before the scheduled 
        or rescheduled date for the disclosure, the United States 
        National Authority shall notify such person regarding whether 
        such disclosure will occur notwithstanding the objections.
    (d) Criminal Penalty for Wrongful Disclosure.--Any officer or 
employee of the United States, and any former officer or employee of 
the United States, who by reason of such employment or official 
position has obtained possession of, or has access to, information the 
disclosure or other provision of which is prohibited by subsection (a), 
and who, knowing that disclosure or provision of such information is 
prohibited by such subsection, willfully discloses or otherwise 
provides the information in any manner to any person (including any 
person located outside the territory of the United States) not 
authorized to receive it, shall be fined under title 18, United States 
Code, or imprisoned for not more than five years, or both.
    (e) Criminal Forfeiture.--The property of any person who violates 
subsection (d) shall be subject to forfeiture to the United States in 
the same manner and to the same extent as is provided in section 229C 
of title 18, United States Code, as added by this title.
    (f) International Inspectors.--The provisions of this section shall 
also apply to employees of the Technical Secretariat.

SEC. 255. RECORDKEEPING VIOLATIONS.

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

                        Subtitle E--Enforcement

SEC. 261. 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 236 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 255 of this Act shall be required by order to pay a 
        civil penalty in an amount not to exceed $5,000 for each such 
        violation.
        (2) Hearing.--
            (A) In general.--Before imposing an order described in 
        paragraph (1) against a person under this subsection for a 
        violation of section 236 or 255, 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 236 or 255, the administrative law judge shall state 
        his findings of fact and issue and cause to be served on such 
        person or entity an order described in paragraph (1).
            (D) Factors for determination of penalty amounts.--In 
        determining the amount of any civil penalty, the administrative 
        law judge shall take into account the nature, circumstances, 
        extent, and gravity of the violation or violations and, with 
        respect to the violator, the ability to pay, effect on ability 
        to continue to do business, any history of prior such 
        violations, the degree of culpability, the existence of an 
        internal compliance program, and such other matters as justice 
        may require.
        (3) Administrative appellate review.--The decision and order of 
    an administrative law judge shall become the final agency decision 
    and order of the head of the United States National Authority 
    unless, within 30 days, the head of the United States National 
    Authority modifies or vacates the decision and order, with or 
    without conditions, in which case the decision and order of the 
    head of the United States National Authority shall become a final 
    order under this subsection.
        (4) Offsets.--The amount of the civil penalty under a final 
    order of the United States National Authority may be deducted from 
    any sums owed by the United States to the person.
        (5) Judicial review.--A person adversely affected by a final 
    order respecting an assessment may, within 30 days after the date 
    the final order is issued, file a petition in the Court of Appeals 
    for the District of Columbia Circuit or for any other circuit in 
    which the person resides or transacts business.
        (6) Enforcement of orders.--If a person fails to comply with a 
    final order issued under this subsection against the person or 
    entity--
            (A) after the order making the assessment has become a 
        final order and if such person does not file a petition for 
        judicial review of the order in accordance with paragraph (5); 
        or
            (B) after a court in an action brought under paragraph (5) 
        has entered a final judgment in favor of the United States 
        National Authority,
    the Secretary of State shall file a suit to seek compliance with 
    the order in any appropriate district court of the United States, 
    plus interest at currently prevailing rates calculated from the 
    date of expiration of the 30-day period referred to in paragraph 
    (5) or the date of such final judgment, as the case may be. In any 
    such suit, the validity and appropriateness of the final order 
    shall not be subject to review.
    (b) Criminal.--Any person who knowingly violates any provision of 
section 236 or 255 of this Act, shall, in addition to or in lieu of any 
civil penalty which may b
1363
e 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. 262. SPECIFIC ENFORCEMENT.

    (a) Jurisdiction.--The district courts of the United States shall 
have jurisdiction over civil actions to--
        (1) restrain any violation of section 236 or 255 of this Act; 
    and
        (2) compel the taking of any action required by or under this 
    title 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 236 or 255 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.--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. 263. EXPEDITED JUDICIAL REVIEW.

    (a) Civil Action.--Any person or entity subject to a search under 
this title may file a civil action challenging the constitutionality of 
any provision of this title. 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.

                  Subtitle F--Miscellaneous Provisions

SEC. 271. 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. 272. 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 title 
(as defined in section 203(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. 273. 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;''.

                               Speaker of the House of Representatives.

                            Vice President of the United States and    
                                               President of the Senate.

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