Title 22 — Foreign Relations and Intercourse
Chapter 75 — Chemical Weapons Convention Implementation
§ 6723. Authority to conduct inspections
Statutory text
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.
Authority
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.
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 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);
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
the number of duly designated representatives shall be kept to the minimum necessary.
Objections to individuals serving as inspectors
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—
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;
such individual has committed any act or activity which would be a felony under the laws of the United States; or
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.
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.
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).
Legislative history
Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.
Pub. L. 105–277 div. I title III § 303 · 112 Stat. 2681
Enacted · 22 U.S.C. § 6723
Pub. L. 105–277, div. I, title III, § 303, Oct. 21, 1998, 112 Stat. 2681–873
Source evidence
Code source credit
Pub. L. 105–277, div. I, title III, § 303, Oct. 21, 1998, 112 Stat. 2681–873Enacted provision · exact public law section
Sec. 303. Notwithstanding any other provision of law, the salaries and expenses appropriation for district courts, courts of appeals, and other judicial services shall be available for official reception and representation expenses of the Judicial Conference of the United States: Provided, That such available funds shall not exceed $10,000 and shall be administered by the Director of the Administrative Office of the United States Courts in the capacity as Secretary of the Judicial Conference. This title may be cited as “The Judiciary Appropriations Act, 1999”.Pub. L. 106–280 title III § 305 · 114 Stat. 845
Added · 22 U.S.C. § 6723(c)
Pub. L. 106–280 added subsec. (c)
Source evidence
Code amendment note
Subsec. (c). Pub. L. 106–280 added subsec. (c).Enacted provision · exact public law section
SEC. 305. EXCEPTION TO AUTHORITY TO CONDUCT INSPECTIONS UNDER THE CHEMICAL WEAPONS CONVENTION IMPLEMENTATION ACT OF 1998. Section 303 of the Chemical Weapons Convention Implementation Act of 1998 (22 U.S.C. 6723) is amended by adding at the end the following new subsection: “(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).”.National Defense Authorization Act for Fiscal Year 2002
Pub. L. 107–107 div. A title XII § 1204(a) · 115 Stat. 1012
Inserted · 22 U.S.C. § 6723(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
Source evidence
Code amendment note
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.Enacted provision · exact public law section
(a) Authority.— Section 303(b)(2) of the Chemical Weapons Convention Implementation Act of 1998 (22 U.S.C. 6723(b)(2)) is amended by inserting after “designation of employees of the Federal Government” the following: “(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)”.
3 of 3 references resolved to an enrolled provision
Editorial Notes
Amendments2000–2001 · 2 rounds
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], , 113 Stat. 1536, 1501A–489, provided that:
“(a) Reimbursement.—
During the 2-year period beginning on the date of the enactment of this Act [], 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).”
Credits
1998–2001 · 3 acts
- 1998Pub. L. 105–277, div. I, title III, § 303, , 112 Stat. 2681–873
- 2000Pub. L. 106–280, title III, § 305, , 114 Stat. 854
- 2001Pub. L. 107–107, div. A, title XII, § 1204(a), , 115 Stat. 1247.
Show as published
(Pub. L. 105–277, div. I, title III, § 303, , 112 Stat. 2681–873; Pub. L. 106–280, title III, § 305, , 114 Stat. 854; Pub. L. 107–107, div. A, title XII, § 1204(a), , 115 Stat. 1247.)