22 U.S.C. § 6723 — Authority to conduct inspections

Page 1848 TITLE 22—FOREIGN RELATIONS AND INTERCOURSE § 6721 tion Implementation Act of 1998, to reflect the probable intent of Congress. For complete classification of divi- sion I to the Code, see Short Title note set out under section 6701 of this title and Tables. The Arms Export Control Act, referred to in subsec. (e)(2)(B)(i), (3)(B)(i), is Pub. L. 90–629, Oct. 22, 1968, 82 Stat. 1320, which is classified principally to chapter 39 (§ 2751 et seq.) of this title. For complete classification of this Act to the Code, see Short Title note set out under section 2751 of this title and Tables. The Export Administration Act of 1979, referred to in subsec. (e)(2)(B)(ii), (3)(B)(iv), is Pub. L. 96–72, Sept. 29, 1979, 93 Stat. 503, which was classified principally to chapter 56 (§ 4601 et seq.) of Title 50, War and National Defense, prior to repeal by Pub. L. 115–232, div. A, title XVII, § 1766(a), Aug. 13, 2018, 132 Stat. 2232, except for sections 11A, 11B, and 11C thereof (50 U.S.C. 4611, 4612, 4613). Sections 5 and 6 of the Act were classified to sec- tions 4604 and 4605, respectively, of Title 50 prior to re- peal. The Foreign Assistance Act of 1961, referred to in sub- sec. (e)(3)(B)(vi), is Pub. L. 87–195, Sept. 4, 1961, 75 Stat. 424, which is classified principally to chapter 32 (§ 2151 et seq.) of this title. For complete classification of this Act to the Code, see Short Title note set out under sec- tion 2151 of this title and Tables. Statutory Notes and Related Subsidiaries CHANGE OF NAME Committee on International Relations of House of Representatives changed to Committee on Foreign Af- fairs of House of Representatives by House Resolution No. 6, One Hundred Tenth Congress, Jan. 5, 2007. SUBCHAPTER II—INSPECTIONS § 6721. Definitions (a) In general In this subchapter, the terms ‘‘challenge in- spection’’, ‘‘plant site’’, ‘‘plant’’, ‘‘facility agree- ment’’, ‘‘inspection team’’, and ‘‘requesting state party’’ have the meanings given those terms in Part I of the Annex on Implementation and Verification of the Chemical Weapons Con- vention. The term ‘‘routine inspection’’ means an inspection, other than an ‘‘initial inspec- tion’’, undertaken pursuant to Article VI of the Convention. (b) ‘‘Judge of the United States’’ defined In this subchapter, the term ‘‘judge of the United States’’ means a judge or magistrate judge of a district court of the United States. (Pub. L. 105–277, div. I, title III, § 301, Oct. 21, 1998, 112 Stat. 2681–872.) Editorial Notes REFERENCES IN TEXT This subchapter, referred to in text, was in the origi- nal ‘‘this title’’, meaning title III of div. I of Pub. L. 105–277, Oct. 21, 1998, 112 Stat. 2681–872, which enacted this subchapter and section 436 of former Title 41, Pub- lic Contracts. For complete classification of title III to the Code, see Tables. For disposition of sections of former Title 41, see Disposition Table preceding section 101 of Title 41. § 6722. Facility agreements (a) Authorization of inspections Inspections by the Technical Secretariat of plants, plant sites, or other facilities or loca- tions for which the United States has a facility agreement with the Organization shall be con- ducted in accordance with the facility agree- ment. 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 inspec- tion request. (b) Types of facility agreements (1) Schedule 2 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 para- graph 4 of Article VI of the Convention are concluded unless the owner, operator, occu- pant, or agent in charge of the facility and the Technical Secretariat agree that such an agreement is not necessary. (2) Schedule 3 facilities The United States National Authority shall ensure that facility agreements are concluded for plants, plant sites, or other facilities or lo- cations that are subject to inspection pursu- ant to paragraph 5 or 6 of Article VI of the Convention if so requested by the owner, oper- ator, occupant, or agent in charge of the facil- ity. (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 devel- opment of the agreement relating to that facil- ity is notified and, if the person notified so re- quests, the person may participate in the prep- arations for the negotiation of such an agree- ment. To the maximum extent practicable con- sistent with the Convention, the owner and the operator, occupant or agent in charge of a facil- ity 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 inspec- tion; (2) describe the procedures for providing no- tice 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. (Pub. L. 105–277, div. I, title III, § 302, Oct. 21, 1998, 112 Stat. 2681–872.) § 6723. Authority to conduct inspections (a) Prohibition No inspection of a plant, plant site, or other facility or location in the United States shall take place under the Convention without the au- thorization of the United States National Au- thority in accordance with the requirements of this subchapter. (b) Authority (1) Technical Secretariat inspection teams Any duly designated member of an inspec- tion team of the Technical Secretariat may Page 1849 TITLE 22—FOREIGN RELATIONS AND INTERCOURSE § 6724 inspect any plant, plant site, or other facility or location in the United States subject to in- spection 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 in- spection of a United States Government facil- ity, the designation of contractor personnel who shall be led by an employee of the Federal Government) to accompany members of an in- spection 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 Fed- eral Bureau of Investigation, accompanies each inspection team visit pursuant to para- graph (1); (B) no employee of the Environmental Pro- tection 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 rep- resentatives shall be kept to the minimum necessary. (3) Objections to individuals serving as inspec- tors (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 in- spector, the President shall give great weight to his reasonable belief that— (i) such individual is or has been a mem- ber of, or a participant in, any group or or- ganization that has engaged in, or at- tempted 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 eco- nomic well-being of the United States. (B) Not subject to judicial review Any objection by the President to an indi- vidual 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). (Pub. L. 105–277, div. I, title III, § 303, Oct. 21, 1998, 112 Stat. 2681–873; Pub. L. 106–280, title III, § 305, Oct. 6, 2000, 114 Stat. 854; Pub. L. 107–107, div. A, title XII, § 1204(a), Dec. 28, 2001, 115 Stat. 1247.) Editorial Notes AMENDMENTS 2001—Subsec. (b)(2). Pub. L. 107–107 inserted ‘‘(and, in the case of an inspection of a United States Govern- ment facility, the designation of contractor personnel who shall be led by an employee of the Federal Govern- ment)’’ 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 be- ginning on the date of the enactment of this Act [Nov. 29, 1999], the United States National Authority (as des- ignated pursuant to section 101 of the Chemical Weap- ons 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 Bu- reau of Investigation, reimburse the Federal Bureau of Investigation for all costs incurred by the Bureau for such period in connection with implementation of sec- tion 303(b)(2)(A) of that Act [22 U.S.C. 6723(b)(2)(A)], ex- cept that such reimbursement may not exceed $2,000,000 for such 2-year period. ‘‘(b) REPORT.—Not later than 180 days prior to the ex- piration 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 Inter- national Relations [now Committee on Foreign Affairs] of the House of Representatives and the Committee on Foreign Relations of the Senate a report on how activi- ties 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 sub- section (a).’’ § 6724. Procedures for inspections (a) Types of inspections Each inspection of a plant, plant site, or other facility or location in the United States under the Convention shall be conducted in accordance with this section and section 6725 of this title, except where other procedures are provided in a facility agreement entered into under section 6722 of this title. (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 in- spection shall be provided at any appropriate time determined by the United States Na- tional Authority. Notices may be posted prominently at the plant, plant site, or other facility or location if the United States is un- able to provide actual written notice to the owner, operator, or agent in charge of the premises.