22 USC 6723 - Authority to conduct inspections

U.S Code last checked for updates: Apr 25, 2024

§ 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) 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.)

cite as: 22 USC 6723