Page:United States Statutes at Large Volume 111 Part 2.djvu/881

 "=«.>'%*'-" PUBLIC LAW 105-85 —NOV. 18, 1997 111 STAT. 1961 (A) an agreement providing for a limitation on the financial contribution by the United States for the facility; (B) an agreement that the United States will not pay the costs for infrastructure determined by Russia to be necessary to support the facility; and (C) an agreement on the location of the facility. (2) The date on which the Secretary of Defense submits to Congress notification that the Government of Russia has formally approved a plan— (A) that allows for the destruction of chemical weapons in Russia; and (B) that commits Russia to pay a portion of the cost for the facility. (b) PROHIBITION ON USE OF FUNDS FOR FACILITY CONSTRUC- TION.— No fiscal year 1998 Cooperative Threat Reduction funds authorized to be obligated in section 1402(a)(4) for planning and design of a chemical weapons destruction facility in Russia may be used for construction of such facility. SEC. 1406. LIMITATION ON USE OF FUNDS FOR DESTRUCTION OF CHEMICAL WEAPONS. (a) LIMITATION.—No funds authorized to be appropriated under this or any other Act for fiscal year 1998 for Cooperative Threat Reduction programs may be obligated or expended for chemical weapons destruction activities (including activities for the planning, design, or construction of a chemical weapons destruction facility or for the dismantlement of an existing chemical weapons production facility) until the President submits to Congress a written certification under subsection (b). (b) PRESIDENTIAL CERTIFICATION.— A certification under this subsection is either of the following certifications by the President: (1) A certification that— (A) Russia is making reasonable progress toward the implementation of the Bilateral Destruction Agreement; (B) the United States and Russia have made substantial progress toward the resolution, to the satisfaction of the United States, of outstanding compliance issues under the Wyoming Memorandum of Understanding and the Bilateral Destruction Agreement; and (C) Russia has fully and accurately declared all information regarding its unitary and binary chemical weapons, chemical weapons facilities, and other facilities associated with chemical weapons. (2) A certification that the national security interests of the United States could be undermined by a United States policy not to carry out chemical weapons destruction activities under the Cooperative Threat Reduction programs for which funds are authorized to be appropriated under this or any other Act for fiscal year 1998. (c) DEFINITIONS.—For the purposes of this section: (1) The term "Bilateral Destruction Agreement" means the Agreement Between the United States of America and the Union of Soviet Socialist Republics on Destruction and Nonproduction of Chemical Weapons and on Measures to Facilitate the Multilateral Convention on Banning Chemical Weapons, signed on June 1, 1990.

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