§ 5604. Determinations regarding use of chemical or biological weapons
630 words·~3 min read·
/usc/title-22/section-5604A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
(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).
(Pub. L. 102–182, title III, §§ 306, 309(b)(3), Dec. 4, 1991, 105 Stat. 1252, 1259.)
Connections33 cite this · traces to 2
Cited by 33 sections · top 24
register
statutes-at-large
bill
- Sec. 304Report on use of chemical weapons by the Russian Federation
- Sec. 5Sense of Congress on imposition of additional sanctions relating to recent use of Novichok in the Russian Federation
- Sec. 5Sense of Congress on imposition of additional sanctions relating to recent use of Novichok in the Russian Federation
- Sec. 6Sense of Congress on imposition of additional sanctions relating to recent use of Novichok in the Russian Federation
- Sec. 212Amendments to the Chemical and Biological Weapons Control and Warfare Elimination Act of 1991
- Sec. 3Amendments to the Chemical and Biological Weapons Control and Warfare Elimination Act of 1991
- Sec. 6Sense of Congress on imposition of additional sanctions relating to recent use of Novichok in the Russian Federation
- Sec. 224Amendments to the Chemical and Biological Weapons Control and Warfare Elimination Act of 1991
- Sec. 3Presidential reporting requirements
- Sec. 3Presidential reporting requirements
- Sec. 3Presidential reporting requirements
Traces to 2 documents
4 references not yet in our index
- Pub. L. 102–182, title III
- 105 Stat. 1252
- Pub. L. 101–182, § 309(b)(3)
- Pub. L. 101–182
Citation graph
cites case law
§ 5604
Determinations regarding use of chemical or biological weapons
Fed. Reg.×12
Bills×11
U.S.C.×7
Stat.×3
Pub. L.Pub. L. 102–182, title III
Stat.105 Stat. 1252
Pub. L.Pub. L. 101–182, § 309(b)(3)
Pub. L.Pub. L. 101–182
Cites 6Cited by 33 across 4 sources