110 STAT. 472 PUBLIC LAW 104-106—FEB. 10, 1996 (b) CERTIFICATION WITH RESPECT TO OFFENSIVE BIOLOGICAL WARFARE PROGRAM OF RUSSIA.—^A certification under this subsection is a certification by the President of each of the following: (1) That Russia is in compliance with its obligations under the Biological Weapons Convention. (2) That Russia has agreed with the United States and the United Kingdom on a common set of procedures to govern visits by officials of the United States and United Kingdom to military biological facilities of Russia, as called for under the Joint Statement on Biological Weapons issued by officials of the United States, the United Kingdom, and Russia on September 14, 1992. (3) That visits by officials of the United States and United Kingdom to the four declared military biological facilities of Russia have occurred. (c) ALTERNATIVE CERTIFICATION. —^A certification under this subsection is a certification by the President that the President is unable to make a certification under subsection (b). (d) USE OF FUNDS UPON ALTERNATIVE CERTIFICATION.— I f the President makes a certification under subsection (c), the $60,000,000 specified in subsection (a)— (1) shall not be available for the purpose stated in section 1202(a)(6); and (2) shall be available for activities in Ukraine, Kazakhstan, and Belarus— (A) for the elimination of strategic offensive weapons (in addition to the amount specified in section 1202(a)(1)); and (B) for nuclear infrastructure elimination (in addition to the amount specified in section 1202(a)(4)). SEC. 1209. LIMITATION ON USE OF FUNDS FOR CHEMICAL WEAPONS DESTRUCTION FACILITY. (a) LIMITATION.—Of the amount appropriated pursuant to the authorization of appropriations in section 301 for Cooperative Threat Reduction programs that is available for planning and design of a chemical weapons destruction facility, not more than onehalf of such amount may be obligated or expended until the President certifies to Congress the following: (1) That the United States and Russia have completed a joint laboratory study to determine the feasibility of an appropriate technology for destruction of chemical weapons of Russia. (2) That Russia is making reasonable progress, with the assistance of the United States (if necessary), toward the completion of a comprehensive implementation plan for managing and funding the dismantlement and destruction of Russia's chemical weapons stockpile. (3) That the United States and Russia have made substantial progress toward resolution, to the satisfaction of the United States, of outstanding compliance issues under the 1989 Wyoming Memorandum of Understanding and the 1990 Bilateral Destruction Agreement. (b) DEFINITIONS. —In this section: (1) The term "1989 Wyoming Memorandum of Understanding" means the Memorandum of Understanding between the Government of the United States of America and the Government of the Union of Soviet Socialist Republics Regarding a
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