Page:United States Statutes at Large Volume 105 Part 1.djvu/758

This page needs to be proofread.


105 STAT. 730 PUBLIC LAW 102-138—OCT. 28, 1991 "(f) DEFINITION OF FOREIGN PERSON.— For purposes of this section, the term 'foreign person' means— "(1) an individual who is not a citizen of the United States or an alien admitted for permanent residence to the United States; or "(2) a corporation, partnership, or other entity which is created or organized under the laws of a foreign country or which has its principal place of business outside the United States.". President. SEC. 506. DETERMINATIONS REGARDING USE OF CHEMICAL OR BIO- 22 USC 5604. LOGICAL WEAPONS. (a) DETERMINATION BY THE PRESIDENT. — (1) WHEN DETERMINATION REQUIRED; NATURE OF DETERMINA- TION.— Whenever persuasive information becomes available to the executive branch indicating the substantial possibility that, on or after the date of the enactment of this Act, 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 lethal chemical or biological weapons against its own nationals. Section 507 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 507. (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 the date of the enactment of this Act, has used chemical or biological