(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.