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22 U.S.C. § 6701 — Prohibition
Federal law — U.S. Code and appendices · legal_authorities
**(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 chapter (as defined in [section 6701(8) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title22-section6701/8&num=0&edition=prelim)).
**(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.
Source: Supplied U.S. Code snapshot — release unconfirmed · 22 U.S.C. § 6701
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Stable record: federal_law:legal_authorities:record_usc_f96591e313dce7c49b4672c9
Source file: Laws/federal/codes/united-states-code/title-22/section-6701-prohibition--6f0f2d2367.md
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Source location: Title 22, Chapter 75, § 6701; chapter-075-chemical-weapons-convention-implementation.md
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**(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 chapter (as defined in [section 6701(8) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title22-section6701/8&num=0&edition=prelim)).
**(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.
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Federal law — U.S. Code and appendices · legal_authorities
**(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 chapter 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 chapter.
**(e) Implementation** The President is authorized to implement and carry out the provisions of this chapter 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 chapter 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.
Source: Supplied U.S. Code snapshot — release unconfirmed · 22 U.S.C. § 6712
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Federal law — U.S. Code and appendices · legal_authorities
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 chapter or the Convention.
Source: Supplied U.S. Code snapshot — release unconfirmed · 22 U.S.C. § 6713
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Federal law — U.S. Code and appendices · legal_authorities
**(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 chapter or the Convention. For purposes of this subsection, action taken pursuant to or under the color of this chapter 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 F
Source: Supplied U.S. Code snapshot — release unconfirmed · 22 U.S.C. § 6721
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Federal law — U.S. Code and appendices · legal_authorities
**(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 6725 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title22-section6725&num=0&edition=prelim), except where other procedures are provided in a facility agreement entered into under [section 6722 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title22-section6722&num=0&edition=prelim).
**(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
Source: Supplied U.S. Code snapshot — release unconfirmed · 22 U.S.C. § 6725
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Federal law — U.S. Code and appendices · legal_authorities
**(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 6724(a) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title22-section6724/a&num=0&edition=prelim). 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
Source: Supplied U.S. Code snapshot — release unconfirmed · 22 U.S.C. § 6726
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Federal law — U.S. Code and appendices · legal_authorities
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 chapter.
Source: Supplied U.S. Code snapshot — release unconfirmed · 22 U.S.C. § 6727
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Federal law — U.S. Code and appendices · legal_authorities
**(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 chapter 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section551/1&num=0&edition=p
Source: Supplied U.S. Code snapshot — release unconfirmed · 22 U.S.C. § 6742
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Prohibition** Notwithstanding any other provision of this chapter, 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.
Source: Supplied U.S. Code snapshot — release unconfirmed · 22 U.S.C. § 6743
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Federal law — U.S. Code and appendices · legal_authorities
**(a) 11 So in original. No subsec. (b) has been enacted. Prohibition** Notwithstanding any other provision of this chapter, 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.
Source: Supplied U.S. Code snapshot — release unconfirmed · 22 U.S.C. § 6744
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Federal law — U.S. Code and appendices · legal_authorities
**(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 6713(g) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title22-section6713/g&num=0&edition=prelim), reported to, or otherwise acquired by, the United States Government under this chapter or under the Convention shall not be disclosed under [section 552(a) of title 5](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section552/a&num=0&edition=prelim).
**(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 chapter or any other law, and shall be disclosed or otherwise provided when relevant in any proceeding under this chapter 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 w
Source: Supplied U.S. Code snapshot — release unconfirmed · 22 U.S.C. § 6745
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