S.Amdt. 1374Senate109th Congress (2005-2007)

To require a report on the use of riot control agents.

What it does: Adds SEC. 1205. REPORT ON USE OF RIOT CONTROL AGENTS on page 296, line 19
Submitted July 21, 2005

What it changes

1 change to S. 1042

Adds a section
  1. Adds SEC. 1205. REPORT ON USE OF RIOT CONTROL AGENTS on page 296, line 19

    Adds a sectionPrinted page

    Inserted: SEC. 1205. REPORT ON USE OF RIOT CONTROL AGENTS.

    Inserted: (a) Statement of Policy.--It remains the longstanding policy of the United States, as provided in Executive Order 11850 (40 Fed Reg 16187) and affirmed by the Senate in the resolution of ratification of the Chemical Weapons Convention, that riot control agents are not chemical weapons but are legitimate, legal, and non-lethal alternatives to the use of lethal force that may be employed by members of the Armed Forces in combat and in other situations for defensive purposes to save lives, particularly for those illustrative purposes cited specifically in Executive Order 11850.

    Inserted: (b) Report Required.--

    Inserted: (1) In general.--Not later than 180 days after the date of the enactment of this Act, and annually thereafter, the President shall submit to Congress a report on the use of riot control agents.

    Inserted: (2) Content.--The reports required under paragraph (1) shall include--

    Inserted: (A) a listing of international and multilateral forums that occurred in the preceding 12 months at which--

    Inserted: (i) the United States was represented; and

    Inserted: (ii) the issues of the Chemical Weapons Convention, riot control agents, or non-lethal weapons were raised or discussed;

    Inserted: (B) with regard to the forums described in subparagraph (A), a listing of those events at which the attending United States representatives publicly and fully articulated the United States policy with regard to riot control agents, as outlined and in accordance with Executive Order 11850, the Senate resolution of ratification to the Chemical Weapons Convention, and the statement of policy set forth in subsection (a);

    Inserted: (C) a description of efforts by the United States Government to promote adoption by other states-parties to the Chemical Weapons Convention of the United States policy and position on the use of riot control agents in combat;

    Inserted: (D) the legal interpretation of the Department of Justice with regard to the current legal availability and viability of Executive Order 11850, to include the rationale as to why Executive Order 11850 remains permissible under United States law;

    Inserted: (E) a description of the availability of riot control agents, and the means to deploy them, to members of the Armed Forces deployed in Iraq;

    Show 6 more inserted paragraphs

    Inserted: (F) a description of the doctrinal publications, training, and other resources available to members of the Armed Forces on an annual basis with regard to the tactical employment of riot control agents in combat; and

    Inserted: (G) a description of cases in which riot control agents were employed, or requested to be employed, during combat operations in Iraq since March, 2003.

    Inserted: (3) Form.--The reports required under paragraph (1) shall be submitted in unclassified form, but may include a classified annex.

    Inserted: (c) Definitions.--In this section--

    Inserted: (1) the term "Chemical Weapons Convention" means the Convention on the Prohibitions of Development, Production, Stockpiling and Use of Chemical Weapons and on Their Destruction, with annexes, done at Paris, January 13, 1993, and entered into force April 29, 1997 (T. Doc. 103-21); and

    Inserted: (2) the term "resolution of ratification of the Chemical Weapons Convention" means Senate Resolution 75, 105th Congress, agreed to April 24, 1997, advising and consenting to the ratification of the Chemical Weapons Convention.

    Original wording

    On page 296, after line 19, insert the following:

Read automatically from the Congressional Record. Check the original before relying on it.

As printed

On page 296, after line 19, insert the following:

SEC. 1205. REPORT ON USE OF RIOT CONTROL AGENTS.

(a) Statement of Policy.--It remains the longstanding policy of the United States, as provided in Executive Order 11850 (40 Fed Reg 16187) and affirmed by the Senate in the resolution of ratification of the Chemical Weapons Convention, that riot control agents are not chemical weapons but are legitimate, legal, and non-lethal alternatives to the use of lethal force that may be employed by members of the Armed Forces in combat and in other situations for defensive purposes to save lives, particularly for those illustrative purposes cited specifically in Executive Order 11850.

(b) Report Required.--

(1) In general.--Not later than 180 days after the date of the enactment of this Act, and annually thereafter, the President shall submit to Congress a report on the use of riot control agents.

(2) Content.--The reports required under paragraph (1) shall include--

(A) a listing of international and multilateral forums that occurred in the preceding 12 months at which--

(i) the United States was represented; and

(ii) the issues of the Chemical Weapons Convention, riot control agents, or non-lethal weapons were raised or discussed;

(B) with regard to the forums described in subparagraph (A), a listing of those events at which the attending United States representatives publicly and fully articulated the United States policy with regard to riot control agents, as outlined and in accordance with Executive Order 11850, the Senate resolution of ratification to the Chemical Weapons Convention, and the statement of policy set forth in subsection (a);

(C) a description of efforts by the United States Government to promote adoption by other states-parties to the Chemical Weapons Convention of the United States policy and position on the use of riot control agents in combat;

(D) the legal interpretation of the Department of Justice with regard to the current legal availability and viability of Executive Order 11850, to include the rationale as to why Executive Order 11850 remains permissible under United States law;

(E) a description of the availability of riot control agents, and the means to deploy them, to members of the Armed Forces deployed in Iraq;

(F) a description of the doctrinal publications, training, and other resources available to members of the Armed Forces on an annual basis with regard to the tactical employment of riot control agents in combat; and

(G) a description of cases in which riot control agents were employed, or requested to be employed, during combat operations in Iraq since March, 2003.

(3) Form.--The reports required under paragraph (1) shall be submitted in unclassified form, but may include a classified annex.

(c) Definitions.--In this section--

(1) the term “Chemical Weapons Convention” means the Convention on the Prohibitions of Development, Production, Stockpiling and Use of Chemical Weapons and on Their Destruction, with annexes, done at Paris, January 13, 1993, and entered into force April 29, 1997 (T. Doc. 103-21); and

(2) the term “resolution of ratification of the Chemical Weapons Convention” means Senate Resolution 75, 105th Congress, agreed to April 24, 1997, advising and consenting to the ratification of the Chemical Weapons Convention.

Legislative Activity

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7 earlier actions
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Measure laid before Senate by unanimous consent. (consideration: CR S12377)

November 4, 2005

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Floor

Measure laid before Senate by unanimous consent. (consideration: CR S12377)

November 4, 2005

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Proposed amendment SA 1374 withdrawn in Senate.

November 4, 2005

Floor

Considered by Senate. (consideration: CR S8897)

July 26, 2005

Floor

Considered by Senate. (consideration: CR S8772)

July 25, 2005

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Considered by Senate. (consideration: CR S8717)

July 22, 2005

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Senate amendment submitted

July 21, 2005

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Senate amendment proposed (on the floor): Amendment SA 1374 proposed by Senator Ensign.

July 21, 2005

Floor

Amendment SA 1374 proposed by Senator Ensign. (consideration: CR S8631; text: CR S8631) To require a report on the use of riot control agents.

July 21, 2005