Page:United States Statutes at Large Volume 105 Part 2.djvu/301

 PUBLIC LAW 102-182—DEC. 4, 1991 105 STAT. 1253 on or after the date of the enactment of this title, 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 such date of enactment, has used chemical or biological weapons in violation of international law or has used lethsil chemical or biological weapons against its own nationals. Section 307 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 307. Q)) 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 the date of the enactment of this title, 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 the date of the enactment of this title, 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).

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