§ 5604. — Determinations regarding use of chemical or biological weapons.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 22USC5604]
TITLE 22--FOREIGN RELATIONS AND INTERCOURSE
CHAPTER 65--CONTROL AND ELIMINATION OF CHEMICAL AND BIOLOGICAL WEAPONS
Sec. 5604. Determinations regarding use of chemical or
biological weapons
(a) Determination by President
(1) When determination required; nature of determination
Whenever persuasive information becomes available to the
executive branch indicating the substantial possibility that, on or
after October 28, 1991, the government of a foreign country has made
substantial preparation to use or has used chemical or biological
weapons, the President shall, within 60 days after the receipt of
such information by the executive branch, determine whether that
government, on or after October 28, 1991, has used chemical or
biological weapons in violation of international law or has used
lethal chemical or biological weapons against its own nationals.
Section 5605 of this title applies if the President determines that
that government has so used chemical or biological weapons.
(2) Matters to be considered
In making the determination under paragraph (1), the President
shall consider the following:
(A) All physical and circumstantial evidence available
bearing on the possible use of such weapons.
(B) All information provided by alleged victims, witnesses,
and independent observers.
(C) The extent of the availability of the weapons in
question to the purported user.
(D) All official and unofficial statements bearing on the
possible use of such weapons.
(E) Whether, and to what extent, the government in question
is willing to honor a request from the Secretary General of the
United Nations to grant timely access to a United Nations fact-
finding team to investigate the possibility of chemical or
biological weapons use or to grant such access to other
legitimate outside parties.
(3) Determination to be reported to Congress
Upon making a determination under paragraph (1), the President
shall promptly report that determination to the Congress. If the
determination is that a foreign government had used chemical or
biological weapons as described in that paragraph, the report shall
specify the sanctions to be imposed pursuant to section 5605 of this
title.
(b) Congressional requests; report
(1) Request
The Chairman of the Committee on Foreign Relations of the Senate
(upon consultation with the ranking minority member of such
committee) or the Chairman of the Committee on Foreign Affairs of
the House of Representatives (upon consultation with the ranking
minority member of such committee) may at any time request the
President to consider whether a particular foreign government, on or
after December 4, 1991, has used chemical or biological weapons in
violation of international law or has used lethal chemical or
biological weapons against its own nationals.
(2) Report to Congress
Not later than 60 days after receiving such a request, the
President shall provide to the Chairman of the Committee on Foreign
Relations of the Senate and the Chairman of the Committee on Foreign
Affairs of the House of Representatives a written report on the
information held by the executive branch which is pertinent to the
issue of whether the specified government, on or after December 4,
1991, has used chemical or biological weapons in violation of
international law or has used lethal chemical or biological weapons
against its own nationals. This report shall contain an analysis of
each of the items enumerated in subsection (a)(2) of this section.
(Pub. L. 102-182, title III, Secs. 306, 309(b)(3), Dec. 4, 1991, 105
Stat. 1252, 1259.)
Amendments
1991--Subsec. (a)(1). Pub. L. 101-182, Sec. 309(b)(3), substituted
``October 28, 1991'' for reference to the ``date of the enactment of
this title'', meaning the date of the enactment of title V of Pub. L.
101-182 which was enacted Dec. 4, 1991. ``October 28, 1991'', the second
time appearing, was substituted for ``such date of enactment'' for
purposes of codification.
Change of Name
Committee on Foreign Affairs of House of Representatives treated as
referring to Committee on International Relations of House of
Representatives by section 1(a) of Pub. L. 104-14, set out as a note
preceding section 21 of Title 2, The Congress.
Delegation of Functions
Functions of President under this section delegated to Secretary of
State, with certain exceptions, by section 1(b) of Ex. Ord. No. 12851,
June 11, 1993, 58 F.R. 33181, set out as a note under section 2797 of
this title.
Section Referred to in Other Sections
This section is referred to in sections 2295a, 2295b, 5605 of this
title.
