§5604 Determinations Regarding Use of Chemical or Biological Weapons

Summary

If the U.S. government gets convincing information that a foreign government, on or after October 28, 1991, prepared to use or did use chemical or biological weapons, the President must decide within 60 days whether that government used those weapons in violation of international law or used lethal chemical or biological weapons against its own people. In making that decision, the President must look at physical and other evidence, reports from victims, witnesses, and independent observers, how easy it would be for that government to get the weapons, official and unofficial statements, and whether the government will let a United Nations fact-finding team or other outside investigators come in. If the President makes a determination, he must tell Congress right away and, if he finds misuse, identify the sanctions to be imposed. The chair of the Senate Foreign Relations Committee or the chair of the House Foreign Affairs Committee (after talking with their top minority member) can ask the President to review a specific country’s actions on or after December 4, 1991. Within 60 days of that request, the President must send those committee chairs a written report with the executive branch’s relevant information and an analysis of the same items listed above.