§ 6723. — Authority to conduct inspections.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 22USC6723]
TITLE 22--FOREIGN RELATIONS AND INTERCOURSE
CHAPTER 75--CHEMICAL WEAPONS CONVENTION IMPLEMENTATION
SUBCHAPTER II--INSPECTIONS
Sec. 6723. Authority to conduct inspections
(a) Prohibition
No inspection of a plant, plant site, or other facility or location
in the United States shall take place under the Convention without the
authorization of the United States National Authority in accordance with
the requirements of this 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) of this section 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, Sec. 303, Oct. 21, 1998, 112 Stat.
2681-873; Pub. L. 106-280, title III, Sec. 305, Oct. 6, 2000, 114 Stat.
854; Pub. L. 107-107, div. A, title XII, Sec. 1204(a), Dec. 28, 2001,
115 Stat. 1247.)
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).
Protection of United States Companies
Pub. L. 106-113, div. B, Sec. 1000(a)(7) [div. B, title XI,
Sec. 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 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).''
