
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 2, 2001]
[Document affected by Public Law 107-107 Section 1204(a)]
[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 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.)


                               Amendments

    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).''
