22 U.S.C. § 6723: Authority to conduct…

Summary

No inspection under the Convention can happen in the United States unless the U.S. National Authority gives permission. Members of the Convention’s Technical Secretariat may inspect any plant, plant site, or other location in the United States that the Convention allows. The U.S. National Authority must arrange for federal employees to accompany inspection teams. For inspections of U.S. government facilities, contractors may join but must be led by a federal employee. An FBI special agent must accompany each visit. Employees of the EPA or OSHA may not accompany visits. The number of U.S. representatives must be kept as small as needed. The President can block a person from serving as an inspector if he reasonably believes the person is tied to terrorism, has committed a U.S. felony, or would threaten U.S. security or economic interests. That decision cannot be reviewed by any court. The FBI escort rule does not apply to inspections of U.S. chemical weapons destruction facilities (as defined in the Convention’s Verification Annex).

Title 22, §6723

Foreign Relations and Intercourse, Source: USLM XML via OLRC

(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 subchapter.

(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 (and, in the case of an inspection of a United States Government facility, the designation of contractor personnel who shall be led by an employee 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.

(c)Exception

The requirement under subsection (b)(2)(A) shall not apply to inspections of United States chemical weapons destruction facilities (as used within the meaning of part IV(C)(13) of the Verification Annex to the Convention).

Notes & Related Subsidiaries

Editorial Notes

Amendments

2001—Subsec. (b)(2). Pub. L. 107–107 inserted “(and, in the case of an inspection of a United States Government facility, the designation of contractor personnel who shall be led by an employee of the Federal Government)” after “designation of employees of the Federal Government” in introductory provisions. 2000—Subsec. (c). Pub. L. 106–280 added subsec. (c).

Statutory Notes and Related Subsidiaries

Protection of United States Companies Pub. L. 106–113, div. B, § 1000(a)(7) [div. B, title XI, § 1117], Nov. 29, 1999, 113 Stat. 1536, 1501A–489, provided that: “(a) Reimbursement.—During the 2-year period beginning on the date of the enactment of this Act [Nov. 29, 1999], the United States National Authority (as designated pursuant to section 101 of the Chemical Weapons Convention Implementation Act of 1998 [22 U.S.C. 6711] (as contained in division I of Public Law 105–277)) shall, upon request of the Director of the Federal Bureau of Investigation, reimburse the Federal Bureau of Investigation for all costs incurred by the Bureau for such period in connection with implementation of section 303(b)(2)(A) of that Act [22 U.S.C. 6723(b)(2)(A)], except that such reimbursement may not exceed $2,000,000 for such 2-year period. “(b) Report.—Not later than 180 days prior to the expiration of the 2-year period described in subsection (a), the Director of the Federal Bureau of Investigation shall prepare and submit to the Committee on International Relations [now Committee on Foreign Affairs] of the House of Representatives and the Committee on Foreign Relations of the Senate a report on how activities under section 303(b)(2)(A) of the Chemical Weapons Convention Implementation Act of 1998 [22 U.S.C. 6723(b)(2)(A)] will be fully funded and implemented by the Federal Bureau of Investigation notwithstanding the expiration of the 2-year period described in subsection (a).”

§6723 Authority to Conduct Inspections