Page:United States Statutes at Large Volume 112 Part 4.djvu/908

 112 STAT. 2681-879 PUBLIC LAW 105-277—OCT. 21, 1998 United States in cases where the President determines that the inspection may pose a threat to the national security interests of the United States. SEC. 308. PROTECTION OF CONSTITUTIONAL RIGHTS OF CONTRAC- TORS. (a) The Office of Federal Procurement Policy Act (41 U.S.C. 403 et seq.) is amended by adding at the end the following: 41 USC 436. "SEC. 39. PROTECTION OF CONSTITUTIONAL RIGHTS OF CONTRAC- TORS. "(a) PROHIBITION.—A contractor may not be required, as a condition for entering into a contract with the Federal Government, to waive any right under the Constitution for any purpose related to Chemical Weapons Convention Implementation Act of 1997 or the Chemical Weapons Convention (as defined in section 3 of such Act). "(b) CONSTRUCTION.— Nothing in subsection (a) shall be construed to prohibit an executive agency from including in a contract a clause that requires the contractor to permit inspections for the purpose of ensuring that the contractor is performing the contract in accordance with the provisions of the contract.". (b) The table of contents in section Kb) of such Act is amended by adding at the end the following: "Sec. 39. Protection of constitutional rights of contractors.". 22 USC 6728. SEC. 309. ANNUAL REPORT ON INSPECTIONS. (a) IN GENERAL.— Not later than one year after the date of enactment of this Act, and annually thereafter, the President shall submit a report in classified and unclassified form to the appropriate congressional committees on inspections made under the Convention during the preceding year. (b) CONTENT OF REPORTS. — Each report shall contain the following information for the reporting period: (1) The name of each company or entity subject to the jurisdiction of the United States reporting data pursuant to title IV of this Act. (2) The number of inspections under the Convention conducted on the territory of the United States. (3) The number and identity of inspectors conducting any inspection described in paragraph (2) and the number of inspectors barred from inspection by the United States. (4) The cost to the United States for each inspection described in paragraph (2). (5) The total costs borne by United States business firms in the course of inspections described in paragraph (2). (6) A description of the circumstances surrounding inspections described in paragraph (2), including instances of possible industrial espionage and misconduct of inspectors. (7) The identity of parties claiming loss of trade secrets, the circumstances surrounding those losses, and the efforts taken by the United States Government to redress those losses. (8) A description of instances where inspections under the Convention outside the United States have been disrupted or delayed. (c) DEFINITION.— The term "appropriate congressional committees" means the Committee on the Judiciary, the Committee on Foreign Relations, and the Select Committee on Intelligence of

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