§ 5601. — Purposes.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 22USC5601]
TITLE 22--FOREIGN RELATIONS AND INTERCOURSE
CHAPTER 65--CONTROL AND ELIMINATION OF CHEMICAL AND BIOLOGICAL WEAPONS
Sec. 5601. Purposes
The purposes of this chapter are--
(1) to mandate United States sanctions, and to encourage
international sanctions, against countries that use chemical or
biological weapons in violation of international law or use lethal
chemical or biological weapons against their own nationals, and to
impose sanctions against companies that aid in the proliferation of
chemical and biological weapons;
(2) to support multilaterally coordinated efforts to control the
proliferation of chemical and biological weapons;
(3) to urge continued close cooperation with the Australia Group
and cooperation with other supplier nations to devise ever more
effective controls on the transfer of materials, equipment, and
technology applicable to chemical or biological weapons production;
and
(4) to require Presidential reports on efforts that threaten
United States interests or regional stability by Iran, Iraq, Syria,
Libya, and others to acquire the materials and technology to
develop, produce, stockpile, deliver, transfer, or use chemical or
biological weapons.
(Pub. L. 102-182, title III, Sec. 302, Dec. 4, 1991, 105 Stat. 1245.)
References in Text
This chapter, referred to in text, was in the original ``this
title'', meaning title III of Pub. L. 102-182, Dec. 4, 1991, 105 Stat.
1245, which is classified principally to this chapter. For complete
classification of this Act to the Code, see Short Title note below and
Tables.
Short Title
Section 301 of title III of Pub. L. 102-182 provided that: ``This
title [enacting this chapter, section 2798 of this title, and section
2410c of Title 50, Appendix, War and National Defense, amending sections
2798 and 5604 of this title and sections 2405 and 2410c of Title 50,
Appendix, and repealing provisions which enacted this chapter, section
2798 of this title, and section 2410c of Title 50, Appendix, and which
amended section 2405 of Title 50, Appendix] may be cited as the
`Chemical and Biological Weapons Control and Warfare Elimination Act of
1991'.''
Pub. L. 102-138, title V, Sec. 501, Oct. 28, 1991, 105 Stat. 722,
which provided that title V of Pub. L. 102-138, which enacted this
chapter, section 2798 of this title, and section 2410c of Title 50,
Appendix, War and National Defense, and amended section 2405 of Title
50, Appendix, was to be cited as the ``Chemical and Biological Weapons
Control and Warfare Elimination Act of 1991'', was repealed by section
309(a) of Pub. L. 102-182.
Matters Relating to the Control of Biological Weapons
Pub. L. 106-113, div. B, Sec. 1000(a)(7) [div. B, title XI, chapter
2], Nov. 29, 1999, 113 Stat. 1536, 1501A-490, provided that:
``SEC. 1121. SHORT TITLE.
``This chapter may be cited as the `National Security and Corporate
Fairness under the Biological Weapons Convention Act'.
``SEC. 1122. DEFINITIONS.
``In this chapter:
``(1) Biological weapons convention.--The term `Biological
Weapons Convention' means the 1972 Convention on the Prohibition of
the Development, Production and Stockpiling of Bacteriological
(Biological) and Toxin Weapons and on their Destruction.
``(2) Compliance protocol.--The term `compliance protocol' means
that segment of a bilateral or multilateral agreement that enables
investigation of questions of compliance entailing written data or
visits to facilities to monitor compliance.
``(3) Industry.--The term `industry' means any corporate or
private sector entity engaged in the research, development,
production, import, and export of peaceful pharmaceuticals and bio-
technological and related products.
``SEC. 1123. FINDINGS.
``Congress makes the following findings:
``(1) The threat of biological weapons and their proliferation
is one of the greatest national security threats facing the United
States.
``(2) The threat of biological weapons and materials represents
a serious and increasing danger to people around the world.
``(3) Biological weapons are relatively inexpensive to produce,
can be made with readily available expertise and equipment, do not
require much space to make and can therefore be readily concealed,
do not require unusual raw materials or materials not readily
available for legitimate purposes, do not require the maintenance of
stockpiles, or can be delivered with low-technology mechanisms, and
can effect widespread casualties even in small quantities.
``(4) Unlike other weapons of mass destruction, biological
materials capable of use as weapons can occur naturally in the
environment and are also used for medicinal or other beneficial
purposes.
``(5) Biological weapons are morally reprehensible, prompting
the United States Government to halt its offensive biological
weapons program in 1969, subsequently destroy its entire biological
weapons arsenal, and maintain henceforth only a robust defensive
capacity.
``(6) The Senate gave its advice and consent to ratification of
the Biological Weapons Convention in 1974.
``(7) The Director of the Arms Control and Disarmament Agency
explained, at the time of the Senate's consideration of the
Biological Weapons Convention, that the treaty contained no
verification provisions because verification would be `difficult'.
``(8) A compliance protocol has now been proposed to strengthen
the 1972 Biological Weapons Convention.
``(9) The resources needed to produce, stockpile, and store
biological weapons are the same as those used in peaceful industry
facilities to discover, develop, and produce medicines.
``(10) The raw materials of biological agents are difficult to
use as an indicator of an offensive military program because the
same materials occur in nature or can be used to produce a wide
variety of products.
``(11) Some biological products are genetically manipulated to
develop new commercial products, optimizing production and ensuring
the integrity of the product, making it difficult to distinguish
between legitimate commercial activities and offensive military
activities.
``(12) Only a small culture of a biological agent and some
growth medium are needed to produce a large amount of biological
agents with the potential for offensive purposes.
``(13) The United States pharmaceutical and biotechnology
industries are a national asset and resource that contribute to the
health and well-being of the American public as well as citizens
around the world.
``(14) One bacterium strain can represent a large proportion of
a company's investment in a pharmaceutical product and thus its
potential loss during an arms control monitoring activity could
conceivably be worth billions of dollars.
``(15) Biological products contain proprietary genetic
information.
``(16) The proposed compliance regime for the Biological Weapons
Convention entails new data reporting and investigation requirements
for industry.
``(17) A compliance regime which contributes to the control of
biological weapons and materials must have a reasonable chance of
success in reducing the risk of production, stockpiling, or use of
biological weapons while protecting the reputations, intellectual
property, and confidential business information of legitimate
companies.
``SEC. 1124. TRIAL INVESTIGATIONS AND TRIAL VISITS.
``(a) National Security Trial Investigations and Trial Visits.--The
President shall conduct a series of national security trial
investigations and trial visits, both during and following negotiations
to develop a compliance protocol to the Biological Weapons Convention,
with the objective of ensuring that the compliance procedures of the
protocol are effective and adequately protect the national security of
the United States. These trial investigations and trial visits shall be
conducted at such sites as United States Government facilities,
installations, and national laboratories.
``(b) United States Industry Trial Investigations and Trial
Visits.--The President shall take all appropriate steps to conduct or
sponsor a series of United States industry trial investigations and
trial visits, both during and following negotiations to develop a
compliance protocol to the Biological Weapons Convention, with the
objective of ensuring that the compliance procedures of the protocol are
effective and adequately protect the national security and the concerns
of affected United States industries and research institutions. These
trial investigations and trial visits shall be conducted at such sites
as academic institutions, vaccine production facilities, and
pharmaceutical and biotechnology firms in the United States.
``(c) Participation by Defense Department and Other Appropriate
Personnel.--The Secretary of Defense and, as appropriate, the Director
of the Federal Bureau of Investigation shall make available specialized
personnel to participate--
``(1) in each trial investigation or trial visit conducted
pursuant to subsection (a); and
``(2) in each trial investigation or trial visit conducted
pursuant to subsection (b), except for any investigation or visit in
which the host facility requests that such personnel not
participate,
for the purpose of assessing the information security implications of
such investigation or visit. The Secretary of Defense, in coordination
with the Director of the Federal Bureau of Investigation, shall add to
the report required by subsection (d)(2) a classified annex containing
an assessment of the risk to proprietary and classified information
posed by any investigation or visit procedures in the compliance
protocol.
``(d) Study.--
``(1) In general.--The President shall conduct a study on the
need for investigations and visits under the compliance protocol to
the Biological Weapons Convention, including--
``(A) an assessment of risks to national security and United
States industry and research institutions of such on-site
activities; and
``(B) an assessment of the monitoring results that can be
expected from such investigations and visits.
``(2) Report.--Not later than the date on which a compliance
protocol to the Biological Weapons Convention is submitted to the
Senate for its advice and consent to ratification, the President
shall submit to the Committee on Foreign Relations of the Senate a
report, in both unclassified and classified form, setting forth--
``(A) the findings of the study conducted pursuant to
paragraph (1); and
``(B) the results of trial investigations and trial visits
conducted pursuant to subsections (a) and (b).''
