Foreign Operations, Export Financing, and Related Programs Appropriations Act, 1996
PL 104-107 (H.R.1868), enacted 02/12/1996

110 STAT. 704 
PUBLIC LAW 104-107—FEB. 12, 1996 
Feb. 12, 1996 
[H.R. 1868] 
Foreign 
Operations, 
Export 
Financing, and 
Related 
Programs 
Appropriations 
Act, 1996. 
Public Law 104-107 
104th Congress 
An Act 
Making appropriations for foreign operations, export financing, and related programs 
for the fiscal year ending September 30, 1996, and for other purposes. 
Be it enacted by the Senate and House of Representatives 
of 
the United States of America in Congress assembled. That the 
following sums are appropriated, out of any money in the Treasury 
not otherwise appropriated, for the fiscal year ending September 
30, 1996, and for other purposes, namely: 
TITLE I—EXPORT AND INVESTMENT ASSISTANCE 
EXPORT-IMPORT BANK OF THE UNITED STATES 
The Export-Import Bank of the United States is authorized 
to make such expenditures within the limits of funds and borrowing 
authority available to such corporation, and in accordance with 
law, and to make such contracts and commitments without regard 
to fiscal year limitations, as provided by section 104 of the Govern-
ment Corporation Control Act, as may be necessary in carrying 
out the program for the current fiscal year for such corporation: 
Provided, That none of the funds available during the current 
fiscal year may be used to make expenditures, contracts, or commit-
ments for the export of nuclear equipment, fuel, or technology 
to any country other than a nuclear-weapon State as defined in 
Article D
C of the Treaty on the Non-Proliferation of Nuclear Weap-
ons eligible to receive economic or military assistance under this 
Act that has detonated a nuclear explosive after the date of enact-
ment of this Act. 
SUBSIDY APPROPRIATION 
For the cost of direct loans, loan guarantees, insurance, and 
tied-aid grants as authorized by section 10 of the Export-Import 
Bank Act of 1945, as amended, $786,551,000 to remain available 
until September 30, 1997: Provided, That such costs, including 
the cost of modifying such loans, shall be as defined in section 
502 of the Congressional Budget Act of 1974: Provided 
further, 
That such sums shall remain available until 2010 for the disburse-
ment of direct loans, loan guarantees, insurance and tied-aid grants 
obligated in fiscal years 1996 and 1997: Provided further. 
That 
up to $100,000,000 of funds appropriated by this paragraph shall 
remain available until expended and may be used for tied-aid 
grant purposes: Provided further, That none of the funds appro-
priated by this paragraph may be used for tied-aid credits or grants 
except through the regular notification procedures of the Commit-
PUBLIC LAW 104-107—FEB. 12, 1996 
110 STAT. 705 
tees on Appropriations: Provided further, That funds appropriated 
by this paragraph are made available notwithstanding section 
2(b)(2) of the Export-Import Bank Act of 1945, in connection with 
the purchase or lease of any product by any East European country, 
any Baltic State, or any agency or national thereof. 
ADMINISTRATIVE EXPENSES 
For administrative expenses to carry out the direct and guaran-
teed loan and insurance programs (to be computed on an accrual 
basis), including hire of passenger motor vehicles and services as 
authorized by 5 U.S.C. 3109, and not to exceed $20,000 for official 
reception and representation expenses for members of the Board 
of Directors, $45,614,000: Provided, 
That necessary expenses 
(including special services performed on a contract or fee basis, 
but not including other personal services) in connection with the 
collection of moneys owed the Export-Import Bank, repossession 
or sale of pledged collateral or other assets acquired by the Export-
Import Bank in satisfaction of moneys owed the Export-Import 
Bank, or the investigation or appraisal of any property, or the 
evaluation of the legal or technical aspects of any transaction for 
which an application for a loan, guarantee or insurance commitment 
has been made, shall be considered nonadministrative expenses 
for the purposes of this heading: Provided further. That, notwith- Termination 
standing subsection (b) of section 117 of the Export Enhancement ^^t®-„„ 
Act of 1992, subsection (a) thereof shall remain in effect until i^Y ^^^^^ 
October 1, 1996. 
OVERSEAS PRIVATE INVESTMENT CORPORATION 
NONCREDIT ACCOUNT 
The Overseas Private Investment Corporation is authorized 
to make, without regard to fiscal year limitations, as provided 
by 31 U.S.C. 9104, such expenditures and commitments within 
the limits of funds available to it and in accordance with law 
as may be necessary: Provided, That the amount available for 
administrative expenses to carry out the credit and insurance pro-
grams (including an amount for official reception and representation 
expenses which shall not exceed $35,000) shall not exceed 
$26,000,000: Provided further. 
That project-specific transaction 
costs, including direct and indirect costs incurred in claims settle-
ments, and other direct costs associated with services provided 
to specific investors or potential investors pursuant to section 234 
of the Foreign Assistance Act of 1961, shall not be considered 
administrative expenses for the purposes of this heading. 
PROGRAM ACCOUNT 
For the cost of direct and guaranteed loans, $72,000,000, as 
authorized by section 234 of the Foreign Assistance Act of 1961: 
Provided, That such costs, including the cost of modifying such 
loans, shall be as defined in section 502 of the Congressional Budget 
Act of 1974: Provided further. That such sums shall be available 
for direct loan obligations and loan guaranty commitments incurred 
or made during fiscal years 1996 and 1997: Provided further. That 
such sums shall remain available through fiscal year 2003 for 
the disbursement of direct and guaranteed loans obligated in fiscal 
110 STAT. 706 
PUBLIC LAW 104-107—FEB. 12, 1996 
year 1996, and through fiscal year 2004 for the disbursement of 
direct and guaranteed loans obligated in fiscal year 1997. In addi-
tion, such sums as may be necessary for administrative expenses 
to carry out the credit program may be derived from amounts 
available for administrative expenses to carry out the credit and 
insurance programs in the Overseas Private Investment Corpora-
tion Noncredit Account and merged with said account. 
FUNDS APPROPRIATED TO THE PRESIDENT 
TRADE AND DEVELOPMENT AGENCY 
For necessary expenses to carry out the provisions of section 
661 of the Foreign Assistance Act of 1961, $40,000,000: Provided, 
That the Trade and Development Agency may receive reimburse-
ments from corporations and other entities for the costs of grants 
for feasibility studies and other project planning services, to be 
deposited as an offsetting collection to this account and to be avail-
able for obligation until September 30, 1997, for necessary expenses 
under this paragraph: Provided further, That such reimbursements 
shall not cover, or be allocated against, direct or indirect administra-
tive costs of the agency. 
TITLE II—BILATERAL ECONOMIC ASSISTANCE 
FUNDS APPROPRIATED TO THE PRESIDENT 
For expenses necessary to enable the President to carry out 
the provisions of the Foreign Assistance Act of 1961, and for other 
purposes, to remain available until September 30, 1996, unless 
otherwise specified herein, as follows: 
AGENCY FOR INTERNATIONAL DEVELOPMENT 
CHILD SURVIVAL AND DISEASE PROGRAMS 
Of the funds appropriated in title II of this Act, and under 
the heading "International Organizations and Programs" in title 
rv of this Act, not less than $484,000,000 shall be made available 
for programs for child survival, assistance to combat tropical and 
AIDS. 
other diseases, and related activities: Provided, That this amount 
shall be made available for such activities as (1) immunization 
programs, (2) oral rehydration programs, (3) health and nutrition 
programs, and related education programs, which address the needs 
of mothers and children, (4) water and sanitation programs, (5) 
assistance for displaced and orphaned children, (6) programs for 
the prevention, treatment, and control of, and research on, tuber-
culosis, HIV/AIDS, polio, malaria and other diseases, and (7) a 
contribution on a grant basis to the United Nations Children's 
Fund (UNICEF). 
DEVELOPMENT ASSISTANCE 
(INCLUDING TRANSFER OF FUNDS) 
For necessary expenses to carry out the provisions of sections 
103 through 106 and chapter 10 of part I of the Foreign Assistance 
Act of 1961, title V of the International Security and Development 
Cooperation Act of 1980 (Public Law 96-533) and the provisions 
PUBLIC LAW 104-107—FEB. 12, 1996 
110 STAT. 707 
of section 401 of the Foreign Assistance Act of 1969, $1,675,000,000, 
to remain available until September 30, 1997: Provided, That of 
the amount appropriated under this heading, up to $20,000,000 
may be made available for the Inter-American Foundation and 
shall be apportioned directly to that agency: Provided further. That 
of the amount appropriated under this heading, up to $11,500,000 
may be made available for the African Development Foundation 
and shall be apportioned directly to that agency: Provided 
further, 
That of the funds appropriated under title II of this Act that 
are administered by the Agency for International Development and 
made available for family planning assistance, not less than 65 
percent shall be made available directly to the agency's central 
Office of Population and shall be programmed by that office for 
family planning activities: Provided further. That the President 
shall seek to ensure that funds made available under this heading 
for sub-Saharan Africa are in substantially the same proportion 
to the total amount appropriated and made available by this Act 
for development assistance as the proportion of funds made avail-
able for development assistance for sub-Saharan Africa was to 
the total amount appropriated for development assistance in Public 
Law 103-306: Provided further, That up to $25,000,000 of the 
funds appropriated under this heading may be made available 
for necessary expenses to carry out the provisions of section 667 
of the Foreign Assistance Act: Provided further. That the President 
shall seek to ensure that the percentage of funds made available 
under this heading for the activities of private and voluntary 
organizations and cooperatives is at least equal to the percentage 
of funds made available pursuant to corresponding authorities in 
law for the activities of private and voluntary organizations and 
cooperatives in fiscal year 1995: Provided further That none of 
the funds made available in this Act nor any unobligated balances 
from prior appropriations may be made available to any organiza-
tion or program which, as determined by the President of the 
United States, supports or participates in the management of a 
program of coercive abortion or involuntary sterilization: Provided 
further. That none of the funds made available under this heading 
may be used to pay for the performance of abortion as a method 
of family planning or to motivate or coerce any person to practice 
abortions; and that in order to reduce reliance on abortion in 
developing nations, funds shall be available only to voluntary family 
planning projects which offer, either directly or through referral 
to, or information about access to, a broad range of family planning 
methods and services: Provided further. That in awarding grants 
for natural family planning under section 104 of the Foreign Assist-
ance Act of 1961 no applicant shall be discriminated against because 
of such applicant's religious or conscientious commitment to offer 
only natural family planning; and, additionally, all such applicants 
shall comply with the requirements of the previous proviso: Pro-
vided further. That for purposes of this or any other Act authorizing 
or appropriating funds for foreign operations, export financing, and 
related programs, the term "motivate", as it relates to family plan-
ning assistance, shall not be construed to prohibit the provision, 
consistent with local law, of information or counseling about all 
pregnancy options: Provided further. That nothing in this paragraph 
shall be construed to alter any existing statutory prohibitions 
against abortion under section 104 of the Foreign Assistance Act 
of 1961: Provided further. That, notwithstanding section 109 of 
President. 
Africa. 
President. 
Voluntary 
organizations. 
Abortion. 
Sterilization. 
110 STAT. 708 
PUBLIC LAW 104-107—FEB. 12, 1996 
22 u s e 2151U 
note. 
the Foreign Assistance Act of 1961, of the funds appropriated under 
this heading not to exceed a total of $30,000,000 may be transferred 
to "International Organizations and Programs" for a contribution 
to the International Fund for Agricultural Development (IFAD), 
and that any such transfer of funds shall be subject to the regular 
notification procedures of the Committees on Appropriations: Pro-
vided further, That not less than $650,000 of the funds made 
available under this heading should be made available for support 
of the United States Telecommunications Training Institute. 
CYPRUS 
Of the funds appropriated under the headings "Development 
Assistance" 
and 
"Economic 
Support 
Fund", 
not 
less 
than 
$15,000,000 shall be made available for Cyprus to be used only 
for scholarships, administrative support of the scholarship program, 
bicommunal projects, and measures aimed at reunification of the 
island and designed to reduce tensions and promote peace and 
cooperation between the two communities on Cyprus. 
BURMA 
Of the funds appropriated by this Act to carry out the provisions 
of chapter 8 of part I and chapter 4 of part II of the Foreign 
Assistance Act of 1961, not less than $2,380,000 shall be made 
available to support activities in Burma, along the Burma-Thailand 
border, and for activities of Burmese student groups and other 
organizations located outside Burma, for the purposes of fostering 
democracy in Burma, supporting the provision of medical supplies 
and other humanitarian assistance to Burmese located in Burma 
or displaced Burmese along the borders, and for other purposes: 
Provided, That of this amount, not less than $200,000 shall be 
made available to support newspapers, publications, and other 
media activities promoting democracy inside Burma: Provided fur-
ther. That of this amount, not less than $380,000 shall be made 
available for crop substitution activities in cooperation with the 
Kachin people of Burma: Provided further. That funds made avail-
able under this heading may be made available notwithstanding 
any other provision of law: Provided further. That provision of 
such funds shall be made available subject to the regular notifica-
tion procedures of the Committees on Appropriations. 
PRIVATE AND VOLUNTARY ORGANIZATIONS 
None of the funds appropriated or otherwise made available 
by this Act for development assistance may be made available 
to any United States private and voluntary organization, except 
any cooperative development organization, which obtains less than 
20 per centum of its total annual funding for international activities 
from sources other than the United States Government: Provided, 
That the requirements of the provisions of section 123(g) of the 
Foreign Assistance Act of 1961 and the provisions on private and 
voluntary organizations in title II of the "Foreign Assistance and 
Related Programs Appropriations Act, 1985" (as enacted in Public 
Law 98-473) shall be superseded by the provisions of this section, 
except that the authority contained in the last sentence of section 
123(g) may be exercised by the Administrator with regard to the 
requirements of this paragraph. 
PUBLIC LAW 104-107—FEB. 12, 1996 
110 STAT. 709 
Funds appropriated or otherwise made available under title 
II of this Act should be made available to private and voluntary 
organizations at a level which is equivalent to the level provided 
in fiscal year 1995. Such private and voluntary organizations shall 
include those which operate on a not-for-profit basis, receive con-
tributions from private sources, receive voluntary support from 
the public and are deemed to be among the most cost-effective 
and successful providers of development assistance. 
INTERNATIONAL DISASTER ASSISTANCE 
For necessary expenses for international 
disaster relief, 
rehabilitation, and reconstruction assistance pursuant to section 
491 of the Foreign Assistance Act of 1961, as 
amended, 
$181,000,000, to remain available until expended. 
HUMANITARIAN ASSISTANCE TO THE FORMER YUGOSLAVIA 
Of the funds appropriated in title II of this Act, $40,000,000 
should be available only for emergency humanitarian assistance 
to the former Yugoslavia, of which amount not less than $6,000,000 
shall be available only for humanitarian assistance to Kosova. 
DEBT RESTRUCTURING 
For the cost, as defined in section 502 of the Congressional 
Budget Act of 1974, of modifying direct loans and loan guarantees, 
as the President may determine, for which funds have been appro-
priated or otherwise made available for programs within the Inter-
national Affairs Budget Function 150, including the cost of selling, 
reducing, or canceling amounts, through debt buybacks and swaps, 
owed to the United States as a result of concessional loans made 
to eligible Latin American and Caribbean countries, pursuant to 
part IV of the Foreign Assistance Act of 1961, $10,000,000, to 
remain available until expended. 
MICRO 
AND 
SMALL 
ENTERPRISE 
DEVELOPMENT 
PROGRAM 
ACCOUNT 
For the subsidy cost of direct loans and loan guarantees, 
$1,500,000, as authorized by section 108 of the Foreign Assistance 
Act of 1961, as amended: Provided, That such costs shall be as 
defined in section 502 of the Congressional Budget Act of 1974: 
Provided further, That guarantees of loans made under this heading 
in support of microenterprise activities may guarantee up to 70 
percent of the principal amount of any such loans notwithstanding 
section 108 of the Foreign Assistance Act of 1961. In addition, 
for administrative expenses to carry out programs under this head-
ing, $500,000, all of which may be transferred to and merged 
with the appropriation for Operating Expenses of the Agency for 
International Development: Provided further, 
That funds made 
available under this heading shall remain available until September 
30, 1997. 
HOUSING 
GUARANTY 
PROGRAM 
ACCOUNT 
For the cost, as defined in section 502 of the Congressional 
Budget Act of 1974, of guaranteed loans authorized by sections 
221 and 222 of the Foreign Assistance Act of 1961, $4,000,000, 
to remain available until September 30, 1997: Provided, That these 
110 STAT. 710 
PUBLIC LAW 104-107—FEB. 12, 1996 
funds are available to subsidize loan principal, 100 percent of which 
shall be guaranteed, pursuant to the authority of such sections. 
In addition, for administrative expenses to carry out guaranteed 
loan programs, $7,000,000, all of which may be transferred to 
and merged with the appropriation for Operating Expenses of the 
Agency for International Development: Provided further, 
That 
commitments to guarantee loans under this heading may be entered 
into notwithstanding the second and third sentences of section 
222(a) and, with regard to programs for Eastern Europe and pro-
grams for the benefit of South Africans disadvantaged by apartheid, 
section 223(j) of the Foreign Assistance Act of 1961: Provided fur-
ther, That none of the funds appropriated under this heading shall 
be obligated except through the regular notification procedures 
of the Committees on Appropriations. 
PAYMENT TO THE FOREIGN SERVICE RETIREMENT AND DISABILITY 
FUND 
For payment to the "Foreign Service Retirement and Disability 
Fund", as authorized by the Foreign Service Act of 1980, 
$43,914,000. 
OPERATING 
EXPENSES 
OF 
THE 
AGENCY 
FOR INTERNATIONAL 
DEVELOPMENT 
For necessary expenses to carry out the provisions of section 
667, $465,750,000: Provided, That of this amount not more than 
$1,475,000 may be made available to pay for printing costs: Provided 
further, That none of the funds appropriated by this Act for pro-
grams administered by the Agency for International Development 
(AID) may be used to finance printing costs of any report or study 
(except feasibility, design, or evaluation reports or studies) in excess 
of $25,000 without the approval of the Administrator of the Agency 
or the Administrator's designee: Provided further. That notwith-
standing any other provision of law, none of the funds appropriated 
or otherwise made available by this Act may be made available 
for expenses necessary to relocate the Agency for International 
Development, or any part of that agency, to the building at the 
Federal Triangle in Washington, District of Columbia. 
OPERATING EXPENSES OF THE AGENCY FOR INTERNATIONAL 
DEVELOPMENT OFFICE OF INSPECTOR GENERAL 
For necessary expenses to carry out the provisions of section 
667, $30,200,000, to remain available until September 30, 1997, 
which sum shall be available for the Office of the Inspector General 
of the Agency for International Development. 
OTHER BILATERAL ECONOMIC ASSISTANCE 
Israel. 
ECONOMIC SUPPORT FUND 
Egypt. 
For necessary expenses to carry out the provisions of chapter 
4 of part II, $2,340,000,000, to remain available until September 
30, 1997: Provided, That of the funds appropriated under this 
heading, not less than $1,200,000,000 shall be available only for 
Israel, which sum shall be available on a grant basis as a cash 
transfer and shall be disbursed within thirty days of enactment 
of this Act or by October 31, 1995, whichever is later: Provided 
PUBLIC LAW 104-107—FEB. 12, 1996 
110 STAT. 711 
further, That not less than $815,000,000 shall be available only 
for Egypt, which sum shall be provided on a grant basis, and 
of which sum cash transfer assistance may be provided, with the 
understanding that Egypt will undertake significant economic 
reforms which are additional to those which were undertaken in 
previous fiscal years, and of which not less than $200,000,000 
shall be provided as Commodity Import Program assistance: Pro-
vided further. That the Egyptian pound equivalent of $85,000,000 
generated from funds made available by this paragraph or gen-
erated from funds appropriated under this heading in prior appro-
priations Acts, may be made available to the United States pursuant 
to the United States-Egypt Economic, Technical and Related Assist-
ance Agreements of 1978, for the following activities under such 
Agreements: the Egyptian pound equivalent of $50,000,000 may 
be made available to replenish the existing endowment for the 
American University in Cairo, and the Egyptian pound equivalent 
of $35,000,000 may be made available for projects and programs, 
including establishment of an endowment, which promote the 
preservation and restoration of Egyptian antiquities: Provided fur- 
President. 
ther. That in exercising the authority to provide cash transfer 
assistance for Israel and Egypt, the President shall ensure that 
the level of such assistance does not cause an adverse impact 
on the total level of non-military exports from the United States 
to each such country: Provided further, That it is the sense of 
the Congress that the recommended levels of assistance for Egypt 
and Israel are based in great measure upon their continued partici-
pation in the Camp David Accords and upon the Egyptian-Israeli 
peace treaty: Provided further. That none of the funds appropriated 
under this heading shall be made available for Zaire. 
INTERNATIONAL FUND FOR IRELAND 
For necessary expenses to carry out the provisions of part 
I of the Foreign Assistance Act of 1961, up to $19,600,000, which 
shall be available for the United States contribution to the Inter-
national Fund for Ireland and shall be made available in accordance 
with the provisions of the Anglo-Irish Agreement Support Act of 
1986 (Public Law 99-415): Provided, That such amount shall be 
expended at the minimum rate necessary to make timely payment 
for projects and activities: Provided further. That funds made avail-
able under this heading shall remain available until September 
30, 1997. 
ASSISTANCE FOR EASTERN EUROPE AND THE BALTIC STATES 
(a) For necessary expenses to carry out the provisions of the 
Foreign Assistance Act of 1961 and the Support for East European 
Democracy (SEED) Act of 1989, $324,000,000, to remain available 
until September 30, 1997, which shall be available, notwithstanding 
any other provision of law, for economic assistance and for related 
programs for Eastern Europe and the Baltic States. 
(b) Funds appropriated under this heading or in prior appro-
priations Acts that are or have been made available for an Enter-
prise Fund may be deposited by such Fund in interest-bearing 
accounts prior to the Fund's disbursement of such funds for program 
purposes. The Fund may retain for such program purposes any 
interest earned on such deposits without returning such interest 
to the Treasury of the United States and without further appropria-
110 STAT. 712 
PUBLIC LAW 104-107—FEB. 12, 1996 
tion by the Congress. Funds made available for Enterprise Funds 
shall be expended at the minimum rate necessary to make timely 
payment for projects and activities. 
(c) Funds appropriated under this heading shall be considered 
to be economic assistance under the Foreign Assistance Act of 
1961 for purposes of making available the administrative authori-
ties contained in that Act for the use of economic assistance. 
ASSISTANCE FOR THE NEW INDEPENDENT STATES OF THE FORMER 
SOVIET UNION 
(a) For necessary expenses to carry out the provisions of chapter 
11 of part I of the Foreign Assistance Act of 1961 and the FREE-
DOM Support Act, for assistance for the new independent states 
of the former Soviet Union and for related programs, $641,000,000, 
to remain available until September 30, 1997: Provided, That the 
provisions of 498B(j) of the Foreign Assistance Act of 1961 shall 
apply to funds appropriated by this paragraph. 
(b) None of the funds appropriated under this heading shall 
be transferred to the Government of Russia— 
(1) unless that 
Government is making progress 
in 
implementing comprehensive economic reforms based on mar-
ket principles, private ownership, negotiating repayment of 
commercial debt, respect for commercial contracts, and equi-
table treatment of foreign private investment; and 
(2) if that Government applies or transfers United States 
assistance to any entity for the purpose of expropriating or 
seizing ownership or control of assets, investments, or ventures. 
(c) Funds may be furnished without regard to subsection (b) 
if the President determines that to do so is in the national interest. 
22 use 5814 
(d) None of the funds appropriated under this heading shall 
note. 
be made available to any government of the new independent 
states of the former Soviet Union if that government directs any 
action in violation of the territorial integrity or national sovereignty 
of any other new independent state, such as those violations 
included in the Helsinki Final Act: Provided, That such funds 
may be made available without regard to the restriction in this 
subsection if the President determines that to do so is in the 
national security interest of the United States: Provided 
further. 
That the restriction of this subsection shall not apply to the use 
of such funds for the provision of assistance for purposes of humani-
tarian, disaster and refugee relief. 
(e) None of the funds appropriated under this heading for 
the new independent states of the former Soviet Union shall be 
made available for any state to enhance its military capability: 
Provided, That this restriction does not apply to demilitarization 
or nonproliferation programs. 
(f) Funds appropriated under this heading shall be subject 
to the regular notification procedures of the Committees on Appro-
priations. 
(g) Funds made available in this Act for assistance to the 
new independent states of the former Soviet Union shall be subject 
to the provisions of section 117 (relating to environment and natural 
resources) of the Foreign Assistance Act of 1961. 
(h) Funds appropriated under this heading may be made avail-
able for assistance for Mongolia. 
(i) Funds made available in this Act for assistance to the 
new independent states of the former Soviet Union shall be provided 
PUBLIC LAW 104-107—FEB. 12, 1996 
110 STAT. 713 
to the maximum extent feasible through the private sector, includ-
ing small- and medium-size businesses, entrepreneurs, and others 
with indigenous private enterprises in the region, intermediary 
development organizations committed to private enterprise, and 
private voluntary organizations: Provided, That grantees and con-
tractors should, to the maximum extent possible, place in key 
staff positions specialists with prior on the ground expertise in 
the region of activity and fluency in one of the local languages. 
(j) In issuing new task orders, entering into contracts, or mak-
ing grants, with funds appropriated under this heading or in prior 
appropriations Acts, for projects or activities that have as one 
of their primary purposes the fostering of private sector develop-
ment, the Coordinator for United States Assistance to the New 
Independent States and the implementing agency shall encourage 
the participation of and give significant weight to contractors and 
grantees who propose investing a significant amount of their own 
resources (including volunteer services and in-kind contributions) 
in such projects and activities. 
(k) Of the funds made available under this heading, not less 
than $225,000,000 shall be made available for Ukraine, with the 
understanding that Ukraine will undertake significant economic 
reforms which are additional to those which were undertaken in 
previous fiscal years, and of which not less than $50,000,000 (from 
this or any other Act) shall be made available to improve energy 
self-sufficiency and improve safety at nuclear reactors, and of which 
$2,000,000 should be made available to conduct or implement an 
assessment of the energy distribution grid that provides rec-
ommendations leading to increased access to power by industrial, 
commercial and residential users, and of which not less than 
$22,000,000 shall be made available to support the development 
of small and medium enterprises, including independent broadcast 
and print media. 
(1) Of the funds made available under this heading, $5,000,000 
should be made available for a project to screen, diagnose, and 
treat victims of breast cancer associated with the 1985 incident 
at the Chernobyl reactor in Ukraine. 
(m) Of the funds made available by this Act, not less than 
$85,000,000 shall be made available for Armenia. 
(n) Of the funds made available by this or any other Act, 
$30,000,000 should be made available for Georgia. 
(o)( 1) Effective ninety days after the date of enactment of this Effective date. 
Act, none of the funds appropriated under this heading may be 
made available for Russia unless the President determines and 
certifies in writing to the Committees on Appropriations that the 
Government of Russia has terminated implementation of arrange-
ments to provide Iran with technical expertise, training, technology, 
or equipment necessary to develop a nuclear reactor or related 
nuclear research facilities or programs. 
(2) Subparagraph (1) shall not apply if the President determines 
that making such funds available is important to the national 
security interest of the United States. Any such determination 
shall cease to be effective six months after being made unless 
the President determines that its continuation is important to the 
national security interest of the United States. 
(p) Of the funds appropriated under this heading, $20,000,000 
should be provided for hospital partnership programs, medical 
assistance to directly reduce the incidence of infectious diseases 
29-194 O - 96 - 24 :QL 3 Parti 
110 STAT. 714 
PUBLIC LAW 104-107—FEB. 12, 1996 
such as diphtheria or tuberculosis, and a program to reduce the 
adverse impact of contaminated drinking water. 
(q) Of the funds appropriated under this heading and under 
the heading "Assistance for Eastern Europe and the Baltic States", 
not less than $12,600,000 shall be made available for law enforce-
ment training and exchanges, and investigative and technical assist-
ance activities related to international criminal activities. 
(r) Support should be provided from funds appropriated under 
this heading for a ballot security project to promote public review 
by Russian citizens over the conduct of parliamentary and presi-
dential elections in Russia: Provided, That the Secretary of State 
may waive this provision with regard to any election upon notifica-
tion to the Committees on Appropriations that the Government 
of Russia has blocked implementation of a ballot security project. 
(s) Of the funds appropriated under this heading, not less 
than $50,000,000 should be provided to the Western NIS and 
Central Asian Enterprise Funds: Provided, That obligation of these 
funds shall be consistent with sound business practices. 
President. 
(t) The President shall establish a Trans-Caucasus Enterprise 
22 use 2295b 
Fund to encourage regional peace through economic cooperation: 
°°*®' 
Provided, That the President shall seek other bilateral and multilat-
eral investors in the Fund: Provided further. That of the funds 
made available under this heading, not less than $15,000,000 shall 
be made available for a United States investment in the Trans-
Caucasus Enterprise Fund. 
(u) Funds appropriated under this heading or in prior appro-
priations Acts that are or have been made available for an Enter-
prise Fund may be deposited by such Fund in interest-bearing 
accounts prior to the disbursement of such funds by the Fund 
for program purposes. The Fund may retain for such program 
proposes any interest earned on such deposits without returning 
such interest to the Treasury of the United States and without 
further appropriation by the Congress. Funds made available for 
Enterprise Funds shall be expended at the minimum rate necessary 
to make timely payment for projects and activities. 
(v) Section 5421(d)(3)(B) of title 22, United States Code, is 
amended by adding at the end thereof the following: ": Provided, 
That, as to Enterprise Funds established with respect to more 
than one host country, such Enterprise Fund niay, in lieu of the 
appointment of citizens of the host countries to its Board of Direc-
tors, establish an advisory council for the host region comprised 
of citizens of each of the host countries or establish separate 
advisory councils for each of the host countries (hereinafter in 
this section referred to as the 'Advisory Councils'), with which 
the Enterprise Fund's policies and proposed activities and such 
host country citizens shall satisfy the experience and expertise 
requirements of this clause.". 
(w) Notwithstanding any other provision of law, assistance 
may be provided for the Government of Azerbaijan for humanitarian 
purposes, if the President determines that humanitarian assistance 
provided in Azerbaijan through nongovernmental organizations is 
not adequately addressing the suffering of refugees and internally 
displaced persons. 
PUBLIC LAW 104-107—FEB. 12, 1996 
110 STAT. 715 
INDEPENDENT AGENCY 
PEACE CORPS 
For expenses necessary to carry out the provisions of the Peace 
Corps Act (75 Stat. 612), $205,000,000, including the purchase 
of not to exceed five passenger motor vehicles for administrative 
purposes for use outside of the United States: Provided, That none Abortion, 
of the funds appropriated under this heading shall be used to 
pay for abortions: Provided further. That funds appropriated under 
this heading shall remain available until September 30, 1997. 
DEPARTMENT OF STATE 
I N T E R N A T I O N A L NARCOTICS CONTROL 
For necessary expenses to carry out the provisions of section 
481 of the Foreign Assistance Act of 1961, $115,000,000: Provided, 
That during fiscal year 1996, the Department of State may also 
use the authority of section 608 of the Foreign Assistance Act 
of 1961, without regard to its restrictions, to receive non-lethal 
excess property from an agency of the United States Government 
for the purpose of providing it to a foreign country under chapter 
8 of part I of that Act subject to the regular notification procedures 
of the Committees on Appropriations. 
MIGRATION AND REFUGEE ASSISTANCE 
For expenses, not otherwise provided for, necessary to enable 
the Secretary of State to provide, as authorized by law, a contribu-
tion to the International Committee of the Red Cross, assistance 
to refugees, including contributions to the International Organiza-
tion for Migration and the United Nations High Commissioner 
for Refugees, and other activities to meet refugee and migration 
needs; salaries and expenses of personnel and dependents as author-
ized by the Foreign Service Act of 1980; allowances as authorized 
by sections 5921 through 5925 of title 5, United States Code; 
purchase and hire of passenger motor vehicles; and services as 
authorized by section 3109 of title 5, United States Code, 
$671,000,000: Provided, That not more than $12,000,000 shall be 
available for administrative expenses: Provided further. That not 
less than $80,000,000 shall be made available for refugees from 
the former Soviet Union and Eastern Europe and other refugees 
resettling in Israel. 
REFUGEE RESETTLEMENT ASSISTANCE 
For necessary expenses for the targeted assistance program 
authorized by title IV of the Immigration and Nationality Act 
and section 501 of the Refugee Education Assistance Act of 1980 
and administered by the Office of Refugee Resettlement of the 
Department of Health and Human Services, in addition to amounts 
otherwise available for such purposes, $5,000,000. 
UNITED STATES EMERGENCY REFUGEE AND MIGRATION ASSISTANCE 
FUND 
For necessary expenses to carry out the provisions of section 
2(c) of the Migration and Refugee Assistance Act of 1962, as 
110 STAT. 716 
PUBLIC LAW 104-107—FEB. 12, 1996 
amended (22 U.S.C. 260(c)), $50,000,000, to remain available until 
expended: Provided, That the funds made available under this 
heading are appropriated notwithstanding the provisions contained 
in section 2(c)(2) of the Migration and Refugee Assistance Act 
of 1962 which would limit the amount of funds which could be 
appropriated for this purpose. 
ANTI-TERRORISM ASSISTANCE 
For necessary expenses to carry out the provisions of chapter 
8 of part II of the Foreign Assistance Act of 1961, $16,000,000. 
NONPROLIFERATION AND DISARMAMENT FUND 
For necessary expenses for a "Nonproliferation and Disar-
mament Fund", $20,000,000, to remain available until expended, 
to promote bilateral and multilateral activities: Provided, That such 
funds may be used pursuant to the authorities contained in section 
504 of the FREEDOM Support Act: Provided further, That such 
funds may also be used for such countries other than the new 
independent states of the former Soviet Union and international 
organizations when it is in the national security interest of the 
United States to do so: Provided further. That funds appropriated 
under this heading may be made available notwithstanding any 
other provision of law: Provided further. That funds appropriated 
under this heading shall be subject to the regular notification 
procedures of the Committees on Appropriations. 
TITLE III—MILITARY ASSISTANCE 
FUNDS APPROPRIATED TO THE PRESIDENT 
INTERNATIONAL MILITARY EDUCATION AND TRAINING 
For necessary expenses to carry out the provisions of section 
541 of the Foreign Assistance Act of 1961, $39,000,000: Provided, 
That up to $100,000 of the funds appropriated under this heading 
may be made available for grant financed military education and 
training for any high income country on the condition that that 
country agrees to fund from its own resources the transportation 
cost and living allowances of its students: Provided further. That 
the civilian personnel for whom military education and training 
may be provided under this heading may also include members 
of national legislatures who are responsible for the oversight and 
management of the military, and may also include individuals 
who are not members of a government: Provided further. 
That 
none of the funds appropriated under this heading shall be available 
for Zaire and Guatemala: Provided further. That funds appropriated 
under this heading for grant financed military education and train-
ing for Indonesia may only be available for expanded military 
education and training. 
FOREIGN MILITARY FINANCING PROGRAM 
For expenses necessary for grants to enable the President to 
carry out the provisions of section 23 of the Arms Export Control 
Act, $3,208,390,000: Provided, That of the funds appropriated by 
this paragraph not less than $1,800,000,000 shall be available for 
grants only for Israel, and not less than $1,300,000,000 shall be 
PUBLIC LAW 104-107—FEB. 12, 1996 
110 STAT. 717 
available for grants only for Egypt: Provided further, That the 
funds appropriated by this paragraph for Israel shall be disbursed 
within thirty days of enactment of this Act or by October 31, 
1995, whichever is later: Provided further, That to the extent that 
the Government of Israel requests that funds be used for such 
purposes, grants made available for Israel by this paragraph shall, 
as agreed by Israel and the United States, be available for advanced 
weapons systems, of which not less than $475,000,000 shall be 
available for the procurement in Israel of defense articles and 
defense services, including research and development: Provided fur-
ther. That funds made available under this paragraph shall be 
nonrepayable notwithstanding any requirement in section 23 of 
the Arms Export Control Act: Provided further, Tliat, for the pur-
pose only of providing support for the Warsaw Initiative Program, 
of the funds appropriated by this Act under the headings "Assist-
ance for Eastern Europe and the Baltic States" and "Assistance 
for the New Independent States of the Former Soviet Union", up 
to a total of $20,000,000 may be transferred, notwithstanding any 
other provision of law, to the funds appropriated under this para-
graph: Provided further. That none of the funds made available 
under this heading shall be available for any non-NATO country 
participating in the Partnership for Peace Program except through 
the regular notification procedures of the Committees on Appropria-
tions. 
For the cost, as defined in section 502 of the Congressional 
Budget Act of 1974, of direct loans authorized by section 23 of 
the Arms Export Control Act as follows: cost of direct loans, 
$64,400,000: Provided, That these funds are available to subsidize 
gross obligations for the principal amount of direct loans of not 
to exceed $544,000,000: Provided further. That the rate of interest 
charged on such loans shall be not less than the current average 
market yield on outstanding marketable obligations of the United 
States of comparable maturities: Provided further. That funds 
appropriated under this heading shall be made available for Greece 
and Turkey only on a loan basis, and the principal amount of 
direct loans for each country shall not exceed the following: 
$224,000,000 only for Greece and $320,000,000 only for Turkey. 
None of the funds made available under this heading shall 
be available to finance the procurement of defense articles, defense 
services, or design and construction services that are not sold by 
the United States Government under the Arms Export Control 
Act unless the foreign country proposing to make such procurements 
has first signed an agreement with the United States Government 
specifying the conditions under which such procurements may be 
financed with such funds: Provided, That all country and funding 
level increases in allocations shall be submitted through the regular 
notification procedures of section 515 of this Act: Provided further. 
That funds made available under this heading shall be obligated 
upon apportionment in accordance with paragraph (5)(C) of title 
31, United States Code, section 1501(a): Provided further, 
That 
none of the funds appropriated under this heading shall be available 
for Zaire, Sudan, Peru, Liberia, and Guatemala: Provided further. 
That none of the funds appropriated or otherwise made available 
for use under this heading may be made available for Colombia 
or Bolivia until the Secretary of State certifies that such funds 
will be used by such country primarily for counternarcotics activi-
ties: Provided further. That funds made available under this head-
110 STAT. 718 
PUBLIC LAW 104-107—FEB. 12, 1996 
•-' ing may be used, notwithstanding any other provision of law, for 
demining activities, and may include activities 
implemented 
through nongovernmental and international organizations: Provided 
further, That not more than $100,000,000 of the funds made avail-
able under this heading shall be available for use in financing 
the procurement of defense articles, defense services, or design 
and construction services that are not sold by the United States 
Government under the Arms Export Control Act to countries other 
than Israel and Egypt: Provided further. That only those countries 
for which assistance was justified for the "Foreign Military Sales 
Financing Program" in the fiscal year 1989 congressional presen-
tation for security assistance programs may utilize funds made 
available under this heading for procurement of defense articles, 
defense services or design and construction services that are not 
sold by the United States Government under the Arms Export 
Control Act: Provided further. That, subject to the regular notifica-
tion procedures of the Committees on Appropriations, funds made 
available under this heading for the cost of direct loans may also 
be used to supplement the funds available under this heading 
for grants, and funds made available under this heading for grants 
may also be used to supplement the funds available under this 
heading for the cost of direct loans: Provided further, That funds 
appropriated under this heading shall be expended at the minimum 
rate necessary to make timely pa3mient for defense articles and 
services: Provided further. That the Department of Defense shall 
conduct during the current fiscal year nonreimbursable audits of 
private firms whose contracts are made directly with foreign govern-
ments and are financed with funds made available under this 
heading (as well as subcontractors thereunder) as requested by 
the Defense Security Assistance Agency: Provided further. That 
not more than $23,250,000 of the ftinds appropriated under this 
heading may be obligated for necessary expenses, including the 
purchase of passenger motor vehicles for replacement only for use 
outside of the United States, for the general costs of administering 
military assistance and sales: Provided further. That not more 
than $355,000,000 of funds realized pursuant to section 21(e)(1)(A) 
of the Arms Export Control Act may be obligated for expenses 
incurred by the Department of Defense during fiscal year 1996 
pursuant to section 43(b) of the Arms Export Control Act, except 
that this limitation may be exceeded only through the regular 
notification procedures of the Committees on Appropriations. 
PEACEKEEPING OPERATIONS 
For necessary expenses to carry out the provisions of section 
551 of the Foreign Assistance Act of 1961, $70,000,000: Provided, 
That none of the funds appropriated under this paragraph shall 
be obligated or expended except as provided through the regular 
notification procedures of the Committees on Appropriations. 
PUBLIC LAW 104-107—FEB. 12, 1996 
110 STAT. 719 
TITLE IV—MULTILA.TERAL ECONOMIC ASSISTANCE 
FUNDS APPROPRIATED TO THE PRESIDENT 
INTERNATIONAL FINANCIAL INSTITUTIONS 
CONTRIBUTION TO THE INTERNATIONAL BANK FOR RECONSTRUCTION 
AND DEVELOPMENT 
For payment to the International Bank for Reconstruction and 
Development by the Secretary of the Treasury, for the United 
States share of the paid-in share portion of the increases in capital 
stock for the General Capital Increase, $28,189,963, to remain 
available until expended: Provided, That not more than twenty-
one days prior to the obligation of each such sum, the Secretary 
shall submit a certification to the Committees on Appropriations 
that the Bank has not approved any loans to Iran since October 
1, 1994, or the President of the United States certifies that withhold-
ing of these funds is contrary to the national interest of the United 
States. 
For payment to the International Bank for Reconstruction and 
Development by the Secretary of the Treasury, for the United 
States contribution to the Global Environment Facility (GEF), 
$35,000,000, to remain available until September 30, 1997. 
LIMITATION ON CALLABLE CAPITAL SUBSCRIPTIONS 
The United States Governor of the International Bank for 
Reconstruction and Development may subscribe without fiscal year 
limitation to the callable capital portion of the United States share 
of increases in capital stock in an amount not to exceed 
$911,475,013. 
CONTRIBUTION TO THE INTERNATIONAL DEVELOPMENT ASSOCIATION 
For payment to the International Development Association by 
the Secretary of the Treasury, $700,000,000, for the United States 
contribution to the tenth replenishment, to remain available until 
expended. 
CONTRIBUTION TO THE INTERNATIONAL FINANCE CORPORATION 
For payment to the International Finance Corporation by the 
Secretary of the Treasury, $60,900,000, for the United States share 
of the increase in subscriptions to capital stock, to remain available 
until expended: Provided, That of the amount appropriated under 
this heading not more than $5,269,000 may be expended for the 
purchase of such stock in fiscal year 1996. 
CONTRIBUTION TO THE INTER-AMERICAN DEVELOPMENT BANK 
For payment to the Inter-American Development Bank by the 
Secretary of the Treasury, for the United States share of the 
paid-in share portion of the increase in capital stock, $25,952,110, 
and for the United States share of the increase in the resources 
of the Fund for Special Operations, $10,000,000, to remain available 
until expended. 
110 STAT. 720 
PUBLIC LAW 104-107—FEB. 12, 1996 
LIMITATION ON CALLABLE CAPITAL SUBSCRIPTIONS 
The United States Governor of the Inter-American Development 
Bank may subscribe without fiscal year limitation to the callable 
capital portion of the United States share of such capitad stock 
in an amount not to exceed $1,523,767,142. 
CONTRIBUTION TO THE ENTERPRISE FOR THE AMERICAS 
MULTILATERAL INVESTMENT FUND 
For payment to the Enterprise for the Americas Multilateral 
Investment Fund by the Secretary of the Treasury, for the United 
States contribution to the Fund to be administered by the Inter-
American Development Bank, $53,750,000 to remain available until 
expended. 
CONTRIBUTION TO THE ASL\N DEVELOPMENT BANK 
For payment to the Asian Development Bank by the Secretary 
of the Treasury for the United States share of the paid-in portion 
of the increase in capital stock, $13,221,596, to remain available 
until expended. 
LIMITATION ON CALLABLE CAPITAL SUBSCRIPTIONS 
The United States Governor of the Asian Development Bank 
may subscribe without fiscal year limitation to the callable capital 
portion of the United States share of such capital stock in an 
amount not to exceed $647,858,204. 
CONTRIBUTION TO THE ASIAN DEVELOPMENT FUND 
For the United States contribution by the Secretary of the 
Treasury to the increases in resources of the Asian Development 
Fund, as authorized by the Asian Development Bank Act, as 
amended (Public Law 89-369), $100,000,000, to remain available 
until expended. 
CONTRIBUTION 
TO 
THE 
EUROPEAN 
BANK 
FOR 
RECONSTRUCTION AND 
DEVELOPMENT 
For payment to the European Bank for Reconstruction and 
Development by the Secretary of the Treasury, $70,000,000, for 
the United States share of the paid-in share portion of the initial 
capital subscription, to remain available until expended: Provided, 
That of the amount appropriated under this heading not more 
than $54,600,000 may be expended for the purchase of such stock 
in fiscal year 1996. 
LIMITATION ON CALLABLE CAPITAL SUBSCRIPTIONS 
The United States Governor of the European Bank for 
Reconstruction and Development may subscribe without fiscal year 
limitation to the callable capital portion of the United States share 
of such capital stock in an amount not to exceed $163,333,333. 
NORTH AMERICAN DEVELOPMENT BANK 
For payment to the North American Development Bank by 
the Secretary of the Treasury, for the United States share of the 
PUBLIC l A W 104-107—FEB. 12, 1996 
110 STAT. 721 
paid-in portion of the capital stock, $56,250,000, to remain available 
until expended. 
LIMITATION ON CALLABLE CAPITAL SUBSCRIPTIONS 
The United States Governor of the North American Develop-
ment Bank may subscribe without fiscal year limitation to the 
callable capital portion of the United States share of the capital 
stock of the North American Development Bank in an amount 
not to exceed $318,750,000. 
INTERNATIONAL ORGANIZATIONS AND PROGRAMS 
For necessary expenses to carry out the provisions of section 
301 of the Foreign Assistance Act of 1961, and of section 2 of 
the United Nations Environment Program Participation Act of 1973, 
$285,000,000: Provided, That none of the funds appropriated under 
this heading shall be made available for the United Nations Fund 
for Science and Technology: Provided further. That funds appro-
priated under this heading may be made available for the Inter-
national Atomic Energj' Agency only if the Secretary of State deter-
mines (and so reports to the Congress) that Israel is not being 
denied its right to participate in the activities of that Agency: 
Provided further, That none of the funds appropriated under this 
heading that are made available to the United Nations Population 
Fund (UNFPA) shall be made available for activities in the People's 
Republic of China: Provided 
further. 
That 
not more 
than 
$30,000,000 of the funds appropriated under this heading may 
be made available to the UNFPA: Provided further. That not more Reports, 
than one-half of this amount may be provided to UNFPA before 
March 1, 1996, and that no later than February 15, 1996, the 
Secretary of State shall submit a report to the Committees on 
Appropriations indicating the amount UNFPA is budgeting for the 
People's Republic of China in 1996: Provided further. That any 
amount UNFPA plans to spend in the People's Republic of China 
in 1996 above $7,000,000, shall be deducted from the amount of 
funds provided to UNFPA after March 1, 1996 pursuant to the 
previous provisos: Provided further. That with respect to any funds 
appropriated under this heading that are made available to UNFPA, 
UNFPA shall be required to maintain such funds in a separate 
account and not commingle them with any other funds: Provided 
further. That funds may be made available to the Korean Peninsula 
Energy Development Organization (KEDO) for 
administrative 
expenses and heavy fuel oil costs associated with the Agreed Frame-
work: Provided further. That no funds may be provided for KEDO 
for funding for administrative expenses and heavy fuel oil costs 
beyond the total amount included for KEDO in the fiscal year 
1996 congressional presentation: Provided further. That no funds 
may be made available under this Act to KEDO unless the President 
determines and certifies in writing to the Committees on Appropria-
tions that (a) in accordance with section 1 of the Agreed Framework, 
KEDO has designated a Republic of Korea company, corporation 
or entity for the purpose of negotiating a prime contract to carry 
out construction of the light water reactors provided for in the 
Agreed Framework; and (b) the Democratic People's Republic of 
Korea is maintaining the freeze on its nuclear facilities as required 
in the Agreed Framework; and (c) the United States is taking 
steps to assure that progress is made on (1) the North-South dia-
110 STAT. 722 
PUBLIC LAW 104-107—FEB. 12, 1996 
logue, including efforts to reduce barriers to trade and investment, 
such as removing restrictions on travel, telecommunications services 
and financial transactions; and (2) implementation of the January 
1, 1992, Joint Declaration on the Denuclearization of the Korean 
Reports. 
Peninsula: Provided further. That a report on the specific efforts 
with regard to subsections (a), (b) and (c) of the preceding proviso 
shall be submitted by the President to the Committees on Appro-
priations six months after the date of enactment of this Act, and 
every six months thereafter. 
TITLE V—GENERAL PROVISIONS 
OBLIGATIONS DURING LAST MONTH OF AVAILABILITY 
SEC. 501. Except for the appropriations entitled "International 
Disaster Assistance", and "United States Emergency Refugee and 
Migration Assistance Fund", not more than 15 per centum of any 
appropriation item made available by this Act shall be obligated 
during the last month of availability. 
PROHIBITION OF BILATERAL FUNDING FOR INTERNATIONAL FINANCLVL 
INSTITUTIONS 
SEC. 502. None of the funds contained in title II of this Act 
may be used to carry out the provisions of section 209(d) of the 
Foreign Assistance Act of 1961. 
LIMITATION ON RESIDENCE EXPENSES 
SEC. 503. Of the funds appropriated or made available pursuant 
to this Act, not to exceed $126,500 shall be for official residence 
expenses of the Agency for International Development during the 
current fiscal year: Provided, That appropriate steps shall be taken 
to assure that, to the maximum extent possible, United States-
owned foreign currencies are utilized in lieu of dollars. 
LIMITATION ON EXPENSES 
SEC. 504. Of the funds appropriated or made available pursuant 
to this Act, not to exceed $5,000 shall be for entertainment expenses 
of the Agency for International Development during the current 
fiscal year. 
LIMITATION ON REPRESENTATIONAL ALLOWANCES 
SEC. 505. Of the funds appropriated or made available pursuant 
to this Act, not to exceed $95,000 shall be available for representa-
tion allowances for the Agency for International Development dur-
ing the current fiscal year: Provided, That appropriate steps shall 
be taken to assure that, to the maximum extent possible, United 
States-owned foreign currencies are utilized in lieu of dollars: Pro-
vided further. That of the funds made available by this Act for 
general costs of administering military assistance and sales under 
the heading "Foreign Military Financing Program", not to exceed 
$2,000 shall be available for entertainment expenses and not to 
exceed $50,000 shall be available for representation allowances: 
Provided further, That of the funds made available by this Act 
under the heading "International Military Education and Training", 
not to exceed $50,000 shall be available for entertainment allow-
PUBLIC LAW 104-107—FEB. 12, 1996 
110 STAT. 723 
ances: Provided further. That of the funds made available by this 
Act for the Inter-American Foundation, not to exceed $2,000 shall 
be available for entertainment and representation allowances: Pro-
vided further, That of the funds made available by this Act for 
the Peace Corps, not to exceed a total of $4,000 shall be available 
for entertainment expenses: Provided further. That of the funds 
made available by this Act under the heading "Trade and Develop-
ment Agency", not to exceed $2,000 shall be available for representa-
tion and entertainment allowances. 
PROHIBITION ON FINANCING NUCLEAR GOODS 
SEC. 506. None of the funds appropriated or made available 
(other than funds for "International Organizations and Programs") 
pursuant to this Act, for carrying out the Foreign Assistance Act 
of 1961, may be used, except for purposes of nuclear safety, to 
finance the export of nuclear equipment, fuel, or technology. 
PROHIBITION AGAINST DIRECT FUNDING FOR CERTAIN COUNTRIES 
SEC. 507. None of the funds appropriated or otherwise made 
available pursuant to this Act shall be obligated or expended to 
finance directly any assistance or reparations to Cuba, Iraq, Libya, 
North Korea, Iran, Serbia, Sudan, or Syria: Provided, That for 
purposes of this section, the prohibition on obligations or expendi-
tures shall include direct loans, credits, insurance and guarantees 
of the Export-Import Bank or its agents. 
MILITARY COUPS 
SEC. 508. None of the funds appropriated or otherwise made 
available pursuant to this Act shall be obligated or expended to 
finance directly any assistance to any country whose duly elected 
Head of Government is deposed by military coup or decree: Pro-
vided, That assistance may be resumed to such country if the 
President determines and reports to the Committees on Appropria-
tions that subsequent to the termination of assistance a democrat-
ically elected government has taken office. 
TRANSFERS 
BETWEEN 
ACCOUNTS 
SEC. 509. None of the funds made available by this Act may 
be obligated under an appropriation account to which they were 
not appropriated, except for transfers specifically provided for in 
this Act, unless the President, prior to the exercise of any authority 
contained in the Foreign Assistance Act of 1961 to transfer funds, 
consults with and provides a written policy justification to the 
Committees on Appropriations of the House of Representatives and 
the Senate: Provided, That the exercise of such authority shall ^ 
be subject to the regular notification procedures of the Committees 
on Appropriations, except for transfers specifically referred to in 
this Act. 
D E O B L I G A T I O N / R E O B L I G A T I O N AUTHORITY 
SEC. 510. (a) Amounts certified pursuant to section 1311 of 
the Supplemental Appropriations Act, 1955, as having been obli-
gated against appropriations heretofore made under the authority 
of the Foreign Assistance Act of 1961 for the same general purpose 
110 STAT. 724 
PUBLIC LAW 104-107—FEB. 12, 1996 
as any of the headings under title II of this Act are, if deobligated, 
hereby continued available for the same period as the respective 
appropriations under such headings or until September 30, 1996, 
whichever is later, and for the same general purpose, and for 
countries within the same region as originally obligated: Provided, 
That the Appropriations Committees of both Houses of the Congress 
are notified fifteen days in advance of the deobligation and 
reobligation of such funds in accordance with regular notification 
procedures of the Committees on Appropriations. 
(b) Obligated balances of funds appropriated to carry out section 
23 of the Arms Export Control Act as of the end of the fiscal 
year immediately preceding the current fiscal year are, if 
deobligated, hereby continued available during the current fiscal 
year for the same purpose under any authority applicable to such 
appropriations under this Act: Provided, That the authority of this 
subsection may not be used in fiscal year 1996. 
AVAILABILITY OF FUNDS 
SEC. 511. No part of any appropriation contained in this Act 
shall remain available for obligation after the expiration of the 
current fiscal year unless expressly so provided in this Act: Pro-
vided, That funds appropriated for the purposes of chapters 1, 
8 and 11 of part I, section 667, and chapter 4 of part II of the 
Foreign Assistance Act of 1961, as amended, and funds provided 
under the heading "Assistance for Eastern Europe and the Baltic 
States", shall remain available until expended if such funds are 
initially obligated before the expiration of their respective periods 
of availability contained in this Act: Provided further. That, notwith-
standing any other provision of this Act, any funds made available 
for the purposes of chapter 1 of part I and chapter 4 of part 
II of the Foreign Assistance Act of 1961 which are allocated or 
obligated for cash disbursements in order to address balance of 
payments or economic policy reform objectives, shall remain avail-
able until expended: Provided further. That the report required 
by section 653(a) of the Foreign Assistance Act of 1961 shall des-
ignate for each country, to the extent known at the time of submis-
sion of such report, those funds allocated for cash disbursement 
for balance of payment and economic policy reform purposes. 
LIMITATION ON ASSISTANCE TO COUNTRIES IN DEFAULT 
SEC. 512. No part of any appropriation contained in this Act 
shall be used to furnish assistance to any country which is in 
default during a period in excess of one calendar year in payment 
to the United States of principal or interest on any loan made 
to such country by the United States pursuant to a program for 
which funds are appropriated under this Act: Provided, That this 
section and section 620(q) of the Foreign Assistance Act of 1961 
shall not apply to funds made available in this Act or during 
the current fiscal year for Nicaragua, and for any narcotics-related 
assistance for Colombia, Bolivia, and Peru authorized by the Foreign 
Assistance Act of 1961 or the Arms Export Control Act. 
COMMERCE AND TRADE 
SEC. 513. (a) None of the funds appropriated or made available 
pursuant to this Act for direct assistance and none of the funds 
PUBLIC LAW 104-107—FEB. 12, 1996 
110 STAT. 725 
otherwise made available pursuant to this Act to the Export-Import 
Bank and the Overseas Private Investment Corporation shall be 
obligated or expended to finance any loan, any assistance or any 
other financial commitments for establishing or expanding produc-
tion of any commodity for export by any country other than the 
United States, if the commodity is likely to be in surplus on world 
markets at the time the resulting productive capacity is expected 
to become operative and if the assistance will cause substantial 
injury to United States producers of the same, similar, or competing 
commodity: Provided, TTiat such prohibition shall not apply to the 
Export-Import Bank if in the judgment of its Board of Directors 
the benefits to industry and employment in the United States 
are likely to outweigh the injury to United States producers of 
the same, similar, or competing commodity, and the Chairman 
of the Board so notifies the Committees on Appropriations. 
(b) None of the funds appropriated by this or any other Act 
to carry out chapter 1 of part I of the Foreign Assistance Act 
of 1961 shall be available for any testing or breeding feasibility 
study, variety improvement or introduction, consultancy, publica-
tion, conference, or training in connection with the growth or 
production in a foreign country of an agricultural commodity for 
export which would compete with a similar commodity grown or 
produced in the United States: Provided, That this subsection shall 
not prohibit— 
(1) activities designed to increase food security in develop-
ing countries where such activities will not have a significant 
impact in the export of agricultural commodities of the United 
States; or 
(2) research activities intended primarily to benefit Amer-
ican producers. 
SURPLUS COMMODITIES 
SEC. 514. The Secretary of the Treasury shall instruct the 22USC262h 
United States Executive Directors of the International Bank for note. 
Reconstruction and Development, the International Development 
Association, the International Finance Corporation, the Inter-Amer-
ican Development Bank, the International Monetary Fund, the 
Asian Development Bank, the Inter-American Investment Corpora-
tion, the North American Development Bank, the European Bank 
for Reconstruction and Development, the African Development 
Bank, and the African Development Fund to use the voice and 
vote of the United States to oppose any assistance by these institu-
tions, using funds appropriated or made available pursuant to this 
Act, for the production or extraction of any commodity or mineral 
for export, if it is in surplus on world markets and if the assistance 
will cause substantial injury to United States producers of the 
same, similar, or competing commodity. 
NOTIFICATION REQUIREMENTS 
SEC. 515. For the purposes of providing the Executive Branch 
with the necessary administrative flexibility, none of the funds 
made available under this Act for "Development Assistance", "Inter-
national organizations and programs", "Trade and Development 
Agency", "International narcotics control", "Assistance for Eastern 
Europe and the Baltic States", "Assistance for the New Independent 
States of the Former Soviet Union", "Economic Support Fund", 
110 STAT. 726 
PUBLIC LAW 104-107—FEB. 12, 1996 
"Peacekeeping operations", "Operating expenses of the Agency for 
International Development", "Operating expenses of the Agency 
for International Development Office of Inspector General", "Non-
proliferation and Disarmament Fund", "Anti-terrorism assistance", 
"Foreign Military Financing Program", "International military edu-
cation and training", "Inter-American Foundation", "African Devel-
opment Foundation", "Peace Corps", "Migration and refugee assist-
ance", shall be available for obligation for activities, programs, 
projects, type of materiel assistance, countries, or other operations 
not justified or in excess of the amount justified to the Appropria-
tions Committees for obligation under any of these specific headings 
unless the Appropriations Committees of both Houses of Congress 
are previously notified fifteen days in advance: Provided, 
That 
the President shall not enter into any commitment of funds appro-
priated for the purposes of section 23 of the Arms Export Control 
Act for the provision of major defense equipment, other than conven-
tional ammunition, or other major defense items defined to be 
aircraft, ships, missiles, or combat vehicles, not previously justified 
to Congress or 20 per centum in excess of the quantities justified 
to Congress unless the Committees on Appropriations are notified 
fifteen days in advance of such commitment: Provided further, That 
this section shall not apply to any reprogramming for an activity, 
program, or project under chapter 1 of part I of the Foreign Assist-
ance Act of 1961 of less than 10 per centum of the amount previously 
justified to the Congress for obligation for such activity, program, 
or project for the current fiscal year: Provided further. That the 
requirements of this section or any similar provision of this Act 
or any prior Act requiring notification in accordance with the regu-
lar notification procedures of the Committees on Appropriations 
may be waived if failure to do so would pose a substantial risk 
to human health or welfare: Provided further, That in case of 
any such waiver, notification to the Congress, or the appropriate 
congressional committees, shall be provided as early as practicable, 
but in no event later than three days after taking the action 
to which such notification requirement was applicable, in the con-
text of the circumstances necessitating such waiver: Provided fur-
ther. That any notification provided pursuant to such a waiver 
shall contain an explanation of the emergency circumstances. 
Drawdowns made pursuant to section 506(a)(2) of the Foreign 
Assistance Act of 1961 shall be subject to the regular notification 
procedures of the Committees on Appropriations. 
LIMITATION ON AVAILABILITY OF FUNDS FOR INTERNATIONAL 
ORGANIZATIONS AND PROGRAMS 
SEC. 516. Notwithstanding any other provision of law or of 
this Act, none of the funds provided for "International Organizations 
and Programs" shall be available for the United States propor-
tionate share, in accordance with section 307(c) of the Foreign 
Assistance Act of 1961, for any programs identified in section 307, 
or for Libya, Iran, or, at the discretion of the President, Communist 
countries listed in section 620(f) of the Foreign Assistance Act 
of 1961, as amended: Provided, That, subject to the regular notifica-
tion procedures of the Committees on Appropriations, funds appro-
priated under this Act or any previously enacted Act making appro-
priations for foreign operations, export financing, and related pro-
grams, which are returned or not made available for organizations 
and programs because of the implementation of this section or 
PUBLIC LAW 104-107—FEB. 12, 1996 
110 STAT. 727 
any similar provision of law, shall remain available for obligation 
through September 30, 1997. 
ECONOMIC SUPPORT FUND ASSISTANCE FOR ISRAEL 
SEC. 517. The Congress finds that progress on the peace process 
in the Middle East is vitally important to United States security 
interests in the region. The Congress recognizes that, in fulfilling 
its obligations under the Treaty of Peace Between the Arab Republic 
of Egypt and the State of Israel, done at Washington on March 
26, 1979, Israel incurred severe economic burdens. Furthermore, 
the Congress recognizes that an economically and militarily secure 
Israel serves the security interests of the United States, for a 
secure Israel is an Israel which has the incentive and confidence 
to continue pursuing the peace process. Therefore, the Congress 
declares that, subject to the availability of appropriations, it is 
the policy and the intention of the United States that the funds 
provided in annual appropriations for the Economic Support Fund 
which are allocated to Israel shall not be less than the annual 
debt repayment (interest and principal) from Israel to the United 
States Government in recognition that such a principle serves 
United States interests in the region. 
PROHIBITION ON FUNDING FOR ABORTIONS AND INVOLUNTARY 
STERILIZATION 
SEC. 518. None of the funds made available to carry out part 
I of the Foreign Assistance Act of 1961, as amended, may be 
used to pay for the performance of abortions as a method of family 
planning or to motivate or coerce any person to practice abortions. 
None of the funds made available to carry out part I of the Foreign 
Assistance Act of 1961, as amended, may be used to pay for the 
performance of involuntary sterilization as a method of family plan-
ning or to coerce or provide any financial incentive to any person 
to undergo sterilizations. None of the funds made available to 
carry out part I of the Foreign Assistance Act of 1961, as amended, 
may be used to pay for any biomedical research which relates 
in whole or in part, to methods of, or the performance of, abortions 
or involuntary sterilization as a means of family planning. None 
of the funds made available to carry out part I of the Foreign 
Assistance Act of 1961, as amended, may be obligated or expended 
for any country or organization if the President certifies that the 
use of these funds by any such country or organization would 
violate any of the above provisions related to abortions and involun-
tary sterilizations: Provided, That none of the funds made available 
under this Act may be used to lobby for or against abortion. 
AUTHORIZATION OF POPULATION PLANNING 
SEC. 518A. Notwithstanding section 526 of this Act, none of 
the funds made available in this Act for population planning activi-
ties or other population assistance pursuant to section 104(b) of 
the Foreign Assistance Act or any other provision of law, or funds 
made available in title IV of this Act as a contribution to the 
United Nations Population Fund (UNFPA) may be obligated or 
expended prior to July 1, 1996, unless such funding is expressly 
authorized by law: Provided, That if such funds are not authorized 
by law prior to July 1, 1996, funds appropriated in title II of 
110 STAT. 728 
PUBLIC LAW 104-107—FEB. 12, 1996 
this Act for population planning activities or other population assist-
ance may be made available for obligation and expenditure in 
an amount not to exceed 65 percent of the total amount appropriated 
or otherwise made available by Public Law 103-306 and Public 
Law 104—19 for such activities for fiscal year 1995, and funds 
appropriated in title IV of this Act as a contribution to the United 
Nations Population Fund (UNFPA) may be made available for 
obligation and expenditure in an amount not to exceed 65 percent 
of the total amount appropriated or otherwise made available by 
Public Law 103-306 and Public Law 104-19 for a contribution 
to UNFPA for fiscal year 1995: Provided further. That, pursuant 
to the previous proviso, such funds may be apportioned only on 
a monthly basis, beginning July 1, 1996 and ending September 
30, 1997, and such monthly apportionments may not exceed 6.67 
percent of the total available for such activities: Provided further. 
That notwithstanding any other provision of this Act, funds appro-
priated by this Act for the United Nations Population Fund 
(UNFPA) shall remain available for obligation until September 
30, 1997. 
REPORTING REQUIREMENT 
President. 
SEC. 519. The President shall submit to the Committees on 
Appropriations the reports required by section 25(a)(1) of the Arms 
Export Control Act. 
SPECIAL NOTIFICATION REQUIREMENTS 
SEC. 520. None of the funds appropriated in this Act shall 
be obligated or expended for Colombia, Dominican Republic, Guate-
mala, Haiti, Liberia, Nicaragua, Pakistan, Peru, Russia, Sudan, 
or Zaire except as provided through the regular notification proce-
dures of the Committees on Appropriations: Provided, That this 
section shall not apply to funds appropriated by this Act to carry 
out the provisions of chapter 1 of part I of the Foreign Assistance 
Act of 1961 that are made available for Nicaragua. 
DEFINITION OF PROGRAM, PROJECT, AND ACTIVITY 
SEC. 521. For the purpose of this Act, "program, project, and 
activity" shall be defined at the Appropriations Act account level 
and shall include all Appropriations and Authorizations Acts ear-
marks, ceilings, and limitations with the exception that for the 
following accounts: Economic Support Fund and Foreign Military 
Financing Program, "program, project, and activity" shall also be 
considered to include country, regional, and central program level 
funding within each such account; for the development assistance 
accounts of the Agency for International Development "program, 
project, and activity" shall also be considered to include central 
program level funding, either as (1) justified to the Congress, or 
(2) allocated by the executive branch in accordance with a report, 
to be provided to the Committees on Appropriations within thirty 
days of enactment of this Act, as required by section 653(a) of 
the Foreign Assistance Act of 1961. 
CHILD SURVIVAL AND AIDS ACTIVITIES 
SEC. 522. Up to $8,000,000 of the funds made available by 
this Act for assistance for family planning, health, child survival, 
PUBLIC LAW 104-107—FEB. 12, 1996 
110 STAT. 729 
and AIDS, may be used to reimburse United States Gk)vernment 
agencies, agencies of State governments, institutions of higher 
learning, and private and voluntary organizations for the full cost 
of individuals (including for the personal services of such individ-
uals) detailed or assigned to, or contracted by, as the case may 
be, the Agency for International Development for the purpose of 
carrying out family planning activities, child survival activities 
and activities relating to research on, and the treatment and control 
of, acquired immune deficiency syndrome in developing countries: 
Provided, That funds appropriated by this Act that are made avail-
able for child survival activities or activities relating to research 
on, and the treatment and control of, acquired immune deficiency 
syndrome may be made available notwithstanding any provision 
of law that restricts assistance to foreign countries: Provided fur-
ther, That funds appropriated by this Act that are made available 
for family planning activities may be made available notwithstand-
ing section 512 of this Act and section 620(q) of the Foreign Assist-
ance Act of 1961. 
PROHIBITION AGAINST INDIRECT FUNDING TO CERTAIN COUNTRIES 
SEC. 523. None of the funds appropriated or otherwise made 
available pursuant to this Act shall be obligated to finance indirectly 
any assistance or reparations to Cuba, Iraq, Libya, Iran, Syria, 
North Korea, or the People's Republic of China, unless the President 
of the United States certifies that the withholding of these funds 
is contrary to the national interest of the United States. 
RECIPROCAL LEASING 
SEC. 524. Section 61(a) of the Arms Export Control Act is 22USC2796. 
amended by striking out "1995" and inserting in lieu thereof "1996". 
NOTIFICATION ON EXCESS DEFENSE EQUIPMENT 
SEC. 525. Prior to providing excess Department of Defense 
articles in accordance with section 516(a) of the Foreign Assistance 
Act of 1961, the Department of Defense shall notify the Committees 
on Appropriations to the same extent and under the same conditions 
as are other committees pursuant to subsection (c) of that section: 
Provided, That before issuing a letter of offer to sell excess defense 
articles under the Arms Export Control Act, the Department of 
Defense shall notify the Committees on Appropriations in accord-
ance with the regular notification procedures of such Committees: 
Provided further. That such Committees shall also be informed 
of the original acquisition cost of such defense articles. 
AUTHORIZATION REQUIREMENT 
SEC. 526. Funds appropriated by this Act may be obligated 
and expended notwithstanding section 10 of Public Law 91-672 
and section 15 of the State Department Basic Authorities Act of 
1956. 
OPPOSITION TO ASSISTANCE TO TERRORIST COUNTRIES BY 
INTERNATIONAL FINANCIAL INSTITUTIONS 
SEC. 
527. 
(a) INSTRUCTIONS FOR UNITED STATES EXECUTIVE 
DIRECTORS.—The Secretary of the Treasury shall instruct the 
110 STAT. 730 
PUBLIC LAW 104-107—FEB. 12, 1996 
United States Executive Director of each international financial 
institution designated in subsection (b), and the Administrator of 
the Agency for International Development shall instruct the United 
States Executive Director of the International Fund for Agriculture 
Development, to use the voice and vote of the United States to 
oppose any loan or other use of the funds of the respective institu-
tion to or for a country for which the Secretary of State has 
made a determination under section 6(j) of the Export Administra-
tion Act of 1979. 
(b) DEFINITION.—For purposes of this section, the term "inter-
national financial institution" includes— 
(1) the International Bank for Reconstruction and Develop-
ment, the International Development Association, and the 
International Monetary Fund; and 
(2) wherever applicable, the Inter-American Development 
Bank, the Asian Development Bank, the African Development 
Bank, the African Development Fund, and the European Bank 
for Reconstruction and Development. 
President. 
Federal Register, 
publication. 
PROHIBITION ON BILATERAL ASSISTANCE TO TERRORIST COUNTRIES 
SEC. 527A. (a) Notwithstanding any other provision of law, 
funds appropriated for bilateral assistance under any heading of 
this Act and funds appropriated under any such heading in a 
provision of law enacted prior to enactment of this Act, shall not 
be made available to any country which the President determines— 
(1) grants sanctuary from prosecution to any individual 
or group which has committed an act of international terrorism, 
or 
(2) otherwise supports international terrorism. 
(b) The President may waive the application of subsection (a) 
to a country if the President determines that national security 
or humanitarian reasons justify such waiver. The President shall 
publish each waiver in the Federal Register and, at least fifteen 
days before the waiver takes effect, shall notify the Committees 
on Appropriations of the waiver (including the justification for 
the waiver) in accordance with the regular notification procedures 
of the Committees on Appropriations. 
22 u s e 2763 
note. 
COMMERCIAL LEASING OF DEFENSE ARTICLES 
SEC. 528. Notwithstanding any other provision of law, and 
subject to the regular notification requirements of the Committees 
on Appropriations, the authority of section 23(a) of the Arms Export 
Control Act may be used to provide financing to Israel, Egypt 
and NATO and major non-NATO allies for the procurement by 
leasing (including leasing with an option to purchase) of defense 
articles from United States commercial suppliers, not including 
Major Defense Equipment (other than helicopters and other types 
of aircraft having possible civilian application), if the President 
determines that there are compelling foreign policy or national 
security reasons for those defense articles being provided by 
commercial lease rather than by government-to-govemment sale 
under such Act. 
PUBLIC LAW 104-107—FEB. 12, 1996 
110 STAT. 731 
COMPETITIVE INSURANCE 
SEC. 528A. All Agency for International Development contracts 
and solicitations, and subcontracts entered into under such con-
tracts, shall include a clause requiring that United States insurance 
companies have a fair opportunity to bid for insurance when such 
insurance is necessary or appropriate. 
STINGERS IN THE PERSIAN GULF REGION 
SEC. 529. Except as provided in section 581 of the Foreign 
Operations, Export Financing, and Related Programs Appropria-
tions Act, 1990, the United States may not sell or otherwise make 
available any Stingers to any country bordering the Persian Gulf 
under the Arms Export Control Act or chapter 2 of part II of 
the Foreign Assistance Act of 1961. 
DEBT-FOR-DEVELOPMENT 
SEC. 530. In order to enhance the continued participation of 
nongovernmental organizations in economic assistance activities 
under the Foreign Assistance Act of 1961, including endowments, 
debt-for-development and debt-for-nature exchanges, a nongovern-
mental organization which is a grantee or contractor of the Agency 
for International Development may place in interest bearing 
accounts funds made available under this Act or prior Acts or 
local currencies which accrue to that organization as a result of 
economic assistance provided under title II of this Act and any 
interest earned on such investment may be used for the purpose 
for which the assistance was provided to that organization. 
COMPETITIVE PRICING FOR SALES OF DEFENSE ARTICLES 
Contracts. 
SEC. 53 1A. (a) COSTING BASIS.—Section 22 of the Arms Export 
Control Act (22 U.S.C. 2762) is amended by adding at the end 
the following: 
"(d) COMPETITIVE PRICING.—^Procurement contracts made in 
implementation of sales under this section for defense articles and 
defense services wholly paid for from funds made available on 
a nonrepayable basis shall be priced on the same costing basis 
with regard to profit, overhead, independent research and develop-
ment, bid and proposal, and other costing elements, as is applicable 
to procurements of like items purchased by the Department of 
Defense for its own use.". 
(b) EFFECTIVE DATE AND IMPLEMENTING REGULATIONS.—Section 
22 use 2762 
22(d) of the Arms Export Control Act, as added by subsection note, 
(a)— 
(1) shall take effect on the 60th day following the date 
of the enactment of this Act; 
(2) shall 
be applicable 
only to contracts 
made 
in 
implementation of sales made after such effective date; and 
(3) shall be implemented by revised procurement regula-
tions, which shall be issued prior to such effective date. 
(c) DIRECT COSTS ALLOWABLE.—Direct costs associated with 
22 use 2762 
meeting a foreign customer's additional or unique requirements note. 
will continue to be allowable under such contracts. Loadings 
applicable to such direct costs shall be permitted at the same 
rates applicable to procurement of like items purchased by the 
Department of Defense for its own use. 
110 STAT. 732 
PUBLIC LAW 104-107—FEB. 12, 1996 
President. 
STOCKPILES OF DEFENSE ARTICLES 
SEC. 53 IB. (a) LIMITATION ON VALUE OF ADDITIONS.—Section 
514(b)(1) of the Foreign Assistance Act of 1961 (22 U.S.C. 
2321h(b)(l)) is amended by inserting "or in the implementation 
of agreements with Israel" after "North Atlantic Treaty Organiza-
tion". 
(b) ADDITIONS IN FISCAL YEARS 1996 AND 1997.—Section 
514(b)(2) of such Act (22 U.S.C. 2321h(b)(2)) is amended to read 
as follows: 
"(2)(A) The value of such additions to stockpiles of defense 
articles in foreign countries shall not exceed $50,000,000 for each 
of the fiscal years 1996 and 1997. 
"(B) Of the amount specified in subparagraph (A) for each 
of the fiscal years 1996 and 1997, not more than $40,000,000 
may be made available for stockpiles in the Republic of Korea 
and not more than $10,000,000 may be made available for stockpiles 
in Thailand.". 
(c) LOCATION OF STOCKPILES OF DEFENSE AUTHORITIES.—Sec-
tion 514(c) of such Act (22 U.S.C. 2321h(c)) is amended to read 
as follows: 
"(c) LOCATION OF STOCKPILES OF DEFENSE ARTICLES.— 
"(1) LIMITATION.—Except as provided in paragraph (2), no 
stockpile of defense articles may be located outside the bound-
aries of a United States military base or a military base used 
primarily by the United States. 
"(2) EXCEPTIONS.—^Paragraph (1) shall not apply with 
respect to stockpiles of defense articles located in the Republic 
of Korea, Thailand, any country that is a member of the North 
Atlantic Treaty Organization, any country that is a major non-
NATO ally, or any other country the President may designate. 
At least 15 days before designating a country pursuant to 
the last clause of the preceding sentence, the President shall 
notify the congressional committees specified in section 634A(a). 
in accordance with the procedures applicable to reprogramming 
notifications under that section.". 
22 use 2359 
note. 
Contracts. 
SEPARATE ACCOUNTS 
SEC. 532. (a) SEPARATE ACCOUNTS FOR LOCAL CURRENCIES.— 
(1) If assistance is furnished to the government of a foreign country 
under chapters 1 and 10 of part I or chapter 4 of part II of 
the Foreign Assistance Act of 1961 under agreements which result 
in the generation of local currencies of that country, the Adminis-
trator of the Agency for International Development shall— 
(A) require that local currencies be deposited in a separate 
account established by that government; 
(B) enter into an agreement with that government which 
sets forth— 
(i) the amount of the local currencies to be generated, 
and 
(ii) the terms and conditions under which the cur-
rencies so deposited may be utilized, consistent with this 
section; and 
(C) establish by agreement with that government the 
responsibilities of the Agency for International Development 
and that government to monitor and account for deposits into 
and disbursements from the separate account. 
PUBLIC LAW 104-107—FEB. 12, 1996 
110 STAT. 733 
(2) USES OF LOCAL CURRENCIES.^AS may be agreed upon with 
the foreign government, local currencies deposited in a separate 
account pursuant to subsection (a), or an equivalent amount of 
local currencies, shall be used only— 
(A) to carry out chapters 1 or 10 of part I or chapter 
4 of part II (as the case may be), for such purposes as— 
(i) project and sector assistance activities, or 
(ii) debt and deficit financing; or 
(B) for the administrative requirements of the United 
States Government. 
(3) PROGRAMMING ACCOUNTABILITY.—^The Agency for Inter-
national Development shall take all appropriate steps to ensure 
that the equivalent of the local currencies disbursed pursuant to 
subsection (a)(2)(A) from the separate account established pursuant 
to subsection (a)( 1) are used for the purposes agreed upon pursuant 
to subsection (a)(2). 
(4) TERMINATION OF ASSISTANCE PROGRAMS.—Upon termination 
of assistance to a country under chapters 1 or 10 of part I or 
chapter 4 of part II (as the case may be), any unencumbered 
balances of funds which remain in a separate account established 
pursuant to subsection (a) shall be disposed of for such purposes 
as may be agreed to by the government of that country and the 
United States Grovernment. 
(5) CONFORMING AMENDMENTS.—^The provisions of this sub-
section shall supersede the tenth and eleventh provisos contained 
under the heading "Sub-Saharan Africa, Development Assistance" 
as included in the Foreign Operations, Export Financing, and 
Related Programs Appropriations Act, 1989 and sections 531(d) 
and 609 of the Foreign Assistance Act of 1961. 
(b) SEPARATE ACCOUNTS FOR CASH TRANSFERS.—(1) If assist-
ance is made available to the government of a foreign country, 
under chapters 1 or 10 of part I or chapter 4 of part II of the 
Foreign Assistance Act of 1961, as cash transfer assistance or 
as nonproject sector assistance, that country shall be required to 
maintain such funds in a separate account and not commingle 
them with any other funds. 
(2) APPLICABILITY OF OTHER PROVISIONS OF LAW.—Such funds 
may be obligated and expended notwithstanding provisions of law 
which are inconsistent with the nature of this assistance including 
provisions which are referenced in the Joint Explanatory Statement 
of the Committee of Conference accompanying House Joint Resolu-
tion 648 (H. Report No. 98-1159). 
(3) NOTIFICATION.—^At least fifteen days prior to obligating President, 
any such cash transfer or nonproject sector assistance, the President 
shall submit a notification through the regular notification proce-
dures of the Committees on Appropriations, which shall include 
a detailed description of how the funds proposed to be made avail-
able will be used, with a discussion of the United States interests 
that will be served by the assistance (including, as appropriate, 
a description of the economic policy reforms that will be promoted 
by such assistance). 
(4) EXEMPTION.—Nonproject sector assistance funds may be 
exempt from the requirements of subsection (b)(1) only through 
the notification procedures of the Committees on Appropriations. 
110 STAT. 734 
PUBLIC LAW 104-107—FEB. 12, 1996 
COMPENSATION FOR UNITED STATES EXECUTIVE DIRECTORS TO 
INTERNATIONAL FINANCIAL INSTITUTIONS 
SEC. 533. (a) No funds appropriated by this Act may be made 
as payment to any international financial institution while the 
United States Executive Director to such institution is compensated 
by the institution at a rate which, together with whatever com-
pensation such Director receives from the United States, is in 
excess of the rate provided for an individual occupying a position 
at level IV of the Executive Schedule under section 5315 of title 
5, United States Code, or while any alternate United States Director 
to such institution is compensated by the institution at a rate 
in excess of the rate provided for an individual occupying a position 
at level V of the Executive Schedule under section 5316 of title 
5, United States Code. 
(b) For purposes of this section, "international financial institu-
tions" are: the International Bank for Reconstruction and Develop-
ment, the Inter-American Development Bank, the Asian Develop-
ment Bank, the Asian Development Fund, the African Development 
Bank, the African Development Fund, the International Monetary 
Fund, the North American Development Bank, and the European 
Bank for Reconstruction and Development. 
COMPLIANCE WITH UNITED NATIONS SANCTIONS AGAINST IRAQ 
50 use 1701 
SEC. 534. (a) DENIAL OF ASSISTANCE.—None of the funds appro-
note, 
priated or otherwise made available pursuant to this Act to carry 
out the Foreign Assistance Act of 1961 (including title IV of chapter 
2 of part I, relating to the Overseas Private Investment Corporation) 
or the Arms Export Control Act may be used to provide assistance 
to any country that is not in compliance with the United Nations 
Security Council sanctions against Iraq, Serbia or Montenegro 
unless the President determines and so certifies to the Congress 
that— 
(1) such assistance is in the national interest of the United 
States; 
(2) such assistance will directly benefit the needy people 
in that country; or 
(3) the assistance to be provided will be humanitarian 
assistance for foreign nationals who have fled Iraq and Kuwait. 
(b) IMPORT SANCTIONS.—If the President considers that the 
taking of such action would promote the effectiveness of the eco-
nomic sanctions of the United Nations and the United States 
imposed with respect to Iraq, Serbia, or Montenegro, as the case 
may be, and is consistent with the national interest, the President 
may prohibit, for such a period of time as he considers appropriate, 
the importation into the United States of any or all products of 
any foreign country that has not prohibited— 
(1) the importation 
of products of Iraq, Serbia, or 
Montenegro into its customs territory, and 
(2) the export of its products to Iraq, Serbia, or Montenegro, 
as the case may be. 
POW/MIA MILITARY DRAWDOWN 
SEC. 535. (a) Notwithstanding any other provision of law, the 
President may direct the drawdown, without reimbursement by 
the recipient, of defense articles from the stocks of the Department 
PUBLIC LAW 104-107—FEB. 12, 1996 
110 STAT. 735 
of Defense, defense services of the Department of Defense, and 
military education and training, of an aggregate value not to exceed 
$15,000,000 in fiscal year 1996, as may be necessary to carry 
out subsection (b). 
(b) Such defense articles, services and training may be provided 
to Vietnam, Cambodia and Laos, under subsection (a) as the Presi-
dent determines are necessary to support efforts to locate and 
repatriate members of the United States Armed Forces and civilians 
employed directly or indirectly by the United States Government 
who remain unaccounted for from the Vietnam War, and to ensure 
the safety of United States Government personnel engaged in such 
cooperative efforts and to support United States Department of 
Defense-sponsored humanitarian projects associated with the POW/ 
MIA efforts. Any aircraft shall be provided under this section only 
to Laos and only on a lease or loan basis, but may be provided 
at no cost notwithstanding section 61 of the Arms Export Control 
Act and may be maintained with defense articles, services and 
training provided under this section. 
(c) The President shall, within sixty days of the end of any President, 
fiscal year in which the authority of subsection (a) is exercised, Reports, 
submit a report to the Congress which identifies the articles, serv-
ices, and training drawn down under this section. 
MEDITERRANEAN EXCESS DEFENSE ARTICLES 
SEC. 536. During fiscal year 1996, the provisions of section 
573(e) of the Foreign Operations, Export Financing, and Related 
Programs Appropriations Act, 1990, shall be applicable, for the 
period specified therein, to excess defense articles made available 
under sections 516 and 519 of the Foreign Assistance Act of 1961. 
CASH FLOW FINANCING 
SEC. 537. For each country that has been approved for cash 
flow financing (as defined in section 25(d) of the Arms Export 
Control Act, as added by section 112(b) of Public Law 99-83) under 
the Foreign Military Financing Program, any Letter of Offer and 
Acceptance or other purchase agreement, or any amendment there-
to, for a procurement in excess of $100,000,000 that is to be financed 
in whole or in part with funds made available under this Act 
shall be submitted through the regular notification procedures to 
the Committees on Appropriations. 
AUTHORITIES FOR THE PEACE CORPS, THE INTER-AMERICAN 
FOUNDATION AND THE AFRICAN DEVELOPMENT FOUNDATION 
SEC. 538. Unless expressly provided to the contrary, provisions 
of this or any other Act, including provisions contained in prior 
Acts authorizing or making appropriations for foreign operations, 
export financing, and related programs, shall not be construed 
to prohibit activities authorized by or conducted under the Peace 
Corps Act, the Inter-American Foundation Act, or the African Devel-
opment Foundation Act. The appropriate agency shall promptly Reports. 
report to the Committees on Appropriations whenever it is conduct-
ing activities or is proposing to conduct activities in a country 
for which assistance is prohibited. 
110 STAT. 736 
PUBLIC LAW 104-107—FEB. 12, 1996 
IMPACT 
ON 
JOBS 
IN 
THE 
UNITED 
STATES 
SEC. 539. None of the funds appropriated by this Act may 
be obligated or expended to provide— 
(a) any financial incentive to a business enterprise cur-
rently located in the United States for the purpose of inducing 
such an enterprise to relocate outside the United States if 
such incentive or inducement is likely to reduce the number 
of employees of such business enterprise in the United States 
because United States production is being replaced by such 
enterprise outside the United States; 
(b) assistance for the purpose of establishing or developing 
in a foreign country any export processing zone or designated 
area in which the tax, tariff, labor, environment, and safety 
laws of that country do not apply, in part or in whole, to 
activities carried out within that zone or area, unless the Presi-
dent determines and certifies that such assistance is not likely 
to cause a loss of 
jobs within the United States; or 
(c) assistance for any project or activity that contributes 
to the violation of internationally recognized workers rights, 
as defined in section 502(a)(4) of the Trade Act of 1974, of 
workers in the recipient country, including any designated zone 
or area in that country: Provided, That in recognition that 
the application of this subsection should be commensurate with 
the level of development of the recipient country and sector, 
the provisions of this subsection shall not preclude assistance 
for the informal sector in such country, micro and small-scale 
enterprise, and smallholder agriculture. 
AUTHORITY TO ASSIST BOSNLA-HERCEGOVINA 
SEC. 540. (a) Congress finds as follows: 
(1) The United Nations has imposed an embargo on the 
transfer of arms to any country on the territory of the former 
Yugoslavia. 
(2) The federated states of Serbia and Montenegro have 
a large supply of military equipment and ammunition and 
the Serbian 
forces fighting 
the government 
of Bosnia-
Hercegovina have more than one thousand battle tanks, 
armored vehicles, and artillery pieces. 
(3) Because the United Nations arms embargo is serving 
to sustain the military advantage of the aggressor, the United 
Nations should exempt the government of Bosnia-Hercegovina 
from its embargo. 
(b) Pursuant to a lifting of the United Nations arms embargo, 
or to a unilateral lifting of the arms embargo by the President 
of the United States, against Bosnia-Hercegovina, the President 
is authorized to transfer, subject to prior notification of the Commit-
tees on Appropriations, to the government of that nation, without 
reimbursement, defense articles from the stocks of the Department 
of Defense and defense services of the Department of Defense 
of an aggregate value not to exceed $100,000,000 in fiscal year 
1996: Provided, That the President certifies in a timely fashion 
to the Congress that the transfer of such articles would assist 
that nation in self-defense and thereby promote the security and 
stability of the region. 
President. 
(c) Within 60 days of any transfer under the authority provided 
Reports. 
in subsection (b), and every 60 days thereafter, the President shall 
PUBLIC LAW 104-107—FEB. 12, 1996 
110 STAT. 737 
report in writing to the Speaker of the House of Representatives 
and the President pro tempore of the Senate concerning the articles 
transferred and the disposition thereof. 
(d) There are authorized to be appropriated to the President 
such sums as may be necessary to reimburse the appHcable appro-
priation, fund, or account for defense articles provided under this 
section. 
RESTRICTIONS ON THE TERMINATION OF SANCTIONS AGAINST SERBIA 
AND MONTENEGRO 
SEC. 540A. (a) RESTRICTIONS.—^Notwithstanding any other 
50 USC1701 
provision of law, no sanction, prohibition, or requirement described note. 
in section 1511 of the National Defense Authorization Act for Fiscal 
Year 1994 (Public Law 103-160), with respect to Serbia or 
Montenegro, may cease to be effective, unless— 
(1) the President first submits to the Congress a certifi-
cation described in subsection (b); and 
(2) the requirements of section 1511 of that Act are met. 
(b) CERTIFICATION.—^A certification described in this subsection 
50 use I70i 
is a certification that— 
note. 
(1) there is substantial progress toward— 
(A) the realization of a separate identity for Kosova 
and the right of the people of Kosova to govern themselves; 
or 
(B) the creation of an international protectorate for 
Kosova; 
(2) there is substantial improvement in the human rights 
situation in Kosova; 
(3) international human rights observers are allowed to 
return to Kosova; and 
(4) the elected government of Kosova is permitted to meet 
and carry out its legitimate mandate as elected representatives 
of the people of Kosova. 
(c) WAIVER AUTHORITY.—The President may waive the applica- 
50 use 1701 
tion in whole or in part, of subsection (a) if the President certifies 
"ote. 
to the Congress that the President has determined that the waiver 
is necessary to meet emergency humanitarian needs or to achieve 
a negotiated settlement of the conflict in Bosnia-Herzegovina that 
is acceptable to the parties. 
(d) EXPANDED AUTHORITY.—Section 660(b) of the Foreign 
Assistance Act of 1961 is amended— 
22 USC 2420. 
(1) in paragraph (3), by striking "or"; 
(2) in paragraph (4), by striking the period at the end 
thereof and inserting "; or"; 
(3) adding the following new paragraphs: 
"(5) with respect to assistance, including training, relating 
to sanctions monitoring and enforcement; 
"(6) with respect to assistance provided to reconstitute 
civilian police authority and capability in the post-conflict res-
toration of host nation infrastructure for the purposes of 
supporting a nation emerging from instability, and the provision 
of professional public safety training, to include training in 
internationally recognized standards of human rights, the rule 
of law, anti-corruption, and the promotion of civilian police 
roles that support democracy.". 
110 STAT. 738 
PUBLIC LAW 104-107—FEB. 12, 1996 
SPECIAL AUTHORITIES 
SEC. 541. (a) Funds appropriated in title II of this Act that 
are made available for Afghanistan, Lebanon, and Cambodia, and 
for victims of war, displaced children, displaced Burmese, humani-
tarian assistance for Romania, and humanitarian assistance for 
the peoples of Bosnia-Hercegovina, Croatia, and Kosova, may be 
made available notwithstanding any other provision of law: Pro-
vided, That any such funds that are made available for Cambodia 
shall be subject to the provisions of section 531(e) of the Foreign 
Assistance Act of 1961 and section 906 of the International Security 
President. 
and Development Cooperation Act of 1985: Provided further. That 
the President shall terminate assistance to any country or organiza-
tion that he determines is cooperating, tactically or strategically, 
with the Khmer Rouge in their military operations, or to the mili-
tary of any country which the President determines is not taking 
steps to prevent a pattern or practice of commercial relations 
between its members and the Khmer Rouge. 
(b) Funds appropriated by this Act to carry out the provisions 
of sections 103 through 106 of the Foreign Assistance Act of 1961 
may be used, notwithstanding any other provision of law, for the 
purpose of supporting tropical forestry and energy programs aimed 
at reducing emissions of greenhouse gases, and for the purpose 
of supporting biodiversity conservation activities: Provided, That 
such assistance shall be subject to sections 116, 502B, and 620A 
of the Foreign Assistance Act of 1961. 
(c) During fiscal year 1996, the President may use up to 
$40,000,000 under the authority of section 451 of the Foreign Assist-
ance Act of 1961, notwithstanding the funding ceiling contained 
in subsection (a) of that section. 
(d) The Agency for International Development may employ 
personal services contractors, notwithstanding any other provision 
of law, for the purpose of administering programs for the West 
Bank and Gaza. 
POLICY ON TERMINATING THE ARAB LEAGUE BOYCOTT OF ISRAEL 
SEC. 542. It is the sense of the Congress that— 
(1) the Arab League countries should immediately and 
publicly renounce the primary boycott of Israel and the second-
ary and tertiary boycott of i^jnerican firms that have commer-
cial ties with Israel; and 
(2) the President should— 
(A) take more concrete steps to encourage vigorously 
Arab League countries to renounce publicly the primary 
boycotts of Israel and the secondary and tertiary boycotts 
of American firms that have commercial relations with 
Israel as a confidence-building measure; 
(B) take into consideration the participation of any 
recipient country in the primary boycott of Israel and the 
secondary and tertiary boycotts of American firms that 
have commercial relations with Israel when determining 
whether to sell weapons to said country; 
Reports. 
(C) report to Congress on the specific steps being taken 
by the President to bring about a public renunciation of 
the Arab primary boycott of Israel and the secondary and 
tertiary boycotts of American firms that have commercial 
relations with Israel; and 
PUBLIC LAW 104-107—FEB. 12, 1996 
110 STAT. 739 
(D) encourage the allies and trading partners of the 
United States to enact laws prohibiting businesses from 
complying with the boycott and penalizing businesses that 
do comply. 
ANTI-NARCOTICS ACTIVITIES 
SEC. 543. (a) Of the funds appropriated or otherwise made 
available by this Act for "Economic Support Fund", assistance may 
be provided to strengthen the administration of justice in countries 
in Latin America and the Caribbean in accordance with the provi-
sions of section 534 of the Foreign Assistance Act of 1961, except 
that programs to enhance protection of participants in judicial 
cases may be conducted notwithstanding section 660 of that Act. 
(b) Funds made available pursuant to this section may be 
made available notwithstanding the third sentence of section 534(e) 
of the Foreign Assistance Act of 1961. Funds made available pursu-
ant to subsection (a) for Bolivia, Colombia and Peru may be made 
available notwithstanding section 534(c) and the second sentence 
of section 534(e) of the Foreign Assistance Act of 1961. 
ELIGIBILITY FOR ASSISTANCE 
SEC. 
544. 
(a) 
ASSISTANCE 
THROUGH 
NONGOVERNMENTAL 
ORGANIZATIONS.—Restrictions contained in this or any other Act 
with respect to assistance for a country shall not be construed 
to restrict assistance in support of programs of nongovernmental 
organizations from funds appropriated by this Act to carry out 
the provisions of chapters 1 and 10 of part I of the Foreign Assist-
ance Act of 1961: Provided, That the President shall take into President, 
consideration, in any case in which a restriction on assistance 
would be applicable but for this subsection, whether assistance 
in support of programs of nongovernmental organizations is in 
the national interest of the United States: Provided further, That President, 
before using the authority of this subsection to furnish assistance 
in support of programs of nongovernmental organizations, the Presi-
dent shall notify the Committees on Appropriations under the regu-
lar notification procedures of those committees, including a descrip-
tion of the program to be assisted, the assistance to be provided, 
and the reasons for furnishing such assistance: Provided 
further. 
That nothing in this subsection shall be construed to alter any 
existing statutory prohibitions against abortion or involuntary steri-
lizations contained in this or any other Act. 
(b) PUBLIC LAW 480.—During fiscal year 1996, restrictions con-
tained in this or any other Act with respect to assistance for 
a country shall not be construed to restrict assistance under the 
Agricultural Trade Development and Assistance Act of 1954: Pro-
vided, That none of the funds appropriated to carry out title I 
of such Act and made available pursuant to this subsection may 
be obligated or expended except as provided through the regular 
notification procedures of the Committees on Appropriations. 
(c) EXCEPTION.—^This section shall not apply— 
(1) with respect to section 620A of the Foreign Assistance Terrorism. 
Act or any comparable provision of law prohibiting assistance 
to countries that support international terrorism; or 
(2) with respect to section 116 of the Foreign Assistance Hiaman rights. 
Act of 1961 or any comparable provision of law prohibiting 
Abortion. 
Sterilization. 
110 STAT. 740 
PUBLIC LAW 104-107—FEB. 12, 1996 
assistance to countries that violate internationally recognized 
human rights. 
EARMARKS 
SEC. 544A. (a) Funds appropriated by this Act which are ear-
marked may be reprogrammed for other programs within the same 
account notwithstanding the earmark if compliance with the ear-
mark is made impossible by operation of any provision of this 
or any other Act or, with respect to a country with which the 
United States has an agreement providing the United States with 
base rights or base access in that country, if the President deter-
mines that the recipient for which funds are earmarked has signifi-
cantly reduced its military or economic cooperation with the United 
States since enactment of the Foreign Operations, Export Financing, 
President. 
and Related Programs Appropriations Act, 1991; however, before 
exercising the authority of this subsection with regard to a base 
rights or base access country which has significantly reduced its 
military or economic cooperation with the United States, the Presi-
dent shall consult with, and shall provide a written policy justifica-
tion to the Committees on Appropriations: Provided, That any such 
reprogramming shall be subject to the regular notification proce-
dures of the Committees on Appropriations: Provided further, That 
assistance that is reprogrammed pursuant to this subsection shall 
be made available under the same terms and conditions as originally 
provided. 
(b) In addition to the authority contained in subsection (a), 
the original period of availability of funds appropriated by this 
Act and administered by the Agency for International Development 
that are earmarked for particular programs or activities by this 
or any other Act shall be extended for an additional fiscal year 
if the Administrator of such agency determines and reports 
promptly to the Committees on Appropriations that the termination 
of assistance to a country or a significant change in circumstances 
makes it unlikely that such earmarked funds can be obligated 
during the original period of availability: Provided, That such ear-
marked funds that are continued available for an additional fiscal 
year shall be obligated only for the purpose of such earmark. 
CEILINGS AND EARMARKS 
SEC. 545. Ceilings and earmarks contained in this Act shall 
not be applicable to funds or authorities appropriated or otherwise 
made available by any subsequent Act unless such Act specifically 
so directs. 
EXCESS DEFENSE ARTICLES 
SEC. 546. (a) The authority of section 519 of the Foreign Assist-
ance Act of 1961, as amended, may be used in fiscal year 1996 
to provide nonlethal excess defense articles to countries for which 
United States foreign assistance has been requested and for which 
receipt of such articles was separately justified for the fiscal year, 
without regard to the restrictions in subsection (a) of section 519. 
(b) The authority of section 516 of the Foreign Assistance 
Act of 1961, as amended, may be used in fiscal year 1996 to 
provide defense articles to Jordan, Estonia, Latvia, and Lithuania. 
PUBLIC LAW 104-107—FEB. 12, 1996 
110 STAT. 741 
PROHIBITION ON PUBLICITY OR PROPAGANDA 
SEC. 547. No part of any appropriation contained in this Act 
shall be used for publicity or propaganda purposes within the 
United States not authorized before the date of enactment of this 
Act by the Congress: Provided, That not to exceed $750,000 may 
be made available to carry out the provisions of section 316 of 
Public Law 96-533. 
USE OF AMERICAN RESOURCES 
SEC. 548. To the maximum extent possible, assistance provided 
under this Act should make full use of American resources, includ-
ing commodities, products, and services. 
PROHIBITION OF PAYMENTS TO UNITED NATIONS MEMBERS 
SEC. 549. None of the funds appropriated or made available 
pursuant to this Act for carrying out the Foreign Assistance Act 
of 1961, may be used to pay in whole or in part any assessments, 
arrearages, or dues of any member of the United Nations. 
CONSULTING SERVICES 
SEC. 550. The expenditure of any appropriation under this Contracts. 
Act for any consulting service through procurement contract, pursu-
ant to section 3109 of title 5, United States Code, shall be limited 
to those contracts where such expenditures are a matter of public 
record and available for public inspection, except where otherwise 
provided under existing law, or under existing Executive order 
pursuant to existing law. 
P R I V A T E V O L U N T A R Y ORGANIZATIONS—DOCUMENTATION 
SEC. 551. None of the funds appropriated or made available 
pursuant to this Act shall be available to a private voluntary 
organization which fails to provide upon timely request any docu-
ment, file, or record necessary to the auditing requirements of 
the Agency for International Development. 
PROHIBITION ON ASSISTANCE TO FOREIGN GOVERNMENTS THAT EX-
PORT LETHAL MILITARY EQUIPMENT TO COUNTRIES SUPPORTING 
INTERNATIONAL TERRORISM 
SEC. 552. (a) None of the funds appropriated or otherwise 
made available by this Act may be available to any foreign govern-
ment which provides lethal military equipment to a country the 
government of which the Secretary of State has determined is 
a terrorist government for purposes of section 40(d) of the Arms 
Export Control Act. The prohibition under this section with respect 
to a foreign government shall terminate 12 months after that 
government ceases to provide such military equipment. This section 
applies with respect to lethal military equipment provided under 
a contract entered into after the date of enactment of this Act. 
(b) Assistance restricted by subsection (a) or any other similar 
provision of law, may be furnished if the President determines 
that furnishing such assistance is important to the national 
interests of the United States. 
(c) Whenever the waiver of subsection (b) is exercised, the President. 
President shall submit to the appropriate congressional committees Reports. 
Termination 
date. 
110 STAT. 742 
PUBLIC LAW 104-107—FEB. 12, 1996 
a report with respect to the furnishing of such assistance. Any 
such report shall include a detailed explanation of the assistance 
to be provided, including the estimated dollar amount of such 
assistance, and an explanation of how the assistance furthers 
United States national interests. 
WITHHOLDING OF ASSISTANCE FOR PARKING FINES OWED BY FOREIGN 
COUNTRIES 
Reports. 
SEC. 553. (a) IN GENERAL.—Of the funds made available for 
a foreign country under part I of the Foreign Assistance Act of 
1961, an amount equivalent to 110 percent of the total unpaid 
fully adjudicated parking fines and penalties owed to the District 
of Columbia by such country as of the date of enactment of this 
Act shall be withheld from obligation for such country until the 
Secretary of State certifies and reports in writing to the appropriate 
congressional committees that such fines and penalties are fully 
paid to the government of the District of Columbia. 
(b) DEFINITION.—For purposes of this section, the term "appro-
priate congressional committees" means the Committee on Foreign 
Relations and the Committee on Appropriations of the Senate and 
the Committee on International Relations and the Committee on 
Appropriations of the House of Representatives. 
L I M I T A T I O N O N ASSISTANCE FOR THE PLO FOR THE WEST BANK AND 
GAZA 
SEC. 554. None of the funds appropriated by this Act may 
be obligated for assistance for the Palestine Liberation Organization 
for the West Bank and Gaza unless the President has exercised 
the authority under section 583(a) of the Middle East Peace Facilita-
tion Act of 1994 (part E of title V of PubUc Law 103-236) or 
any other legislation to suspend or make inapplicable section 307 
of the Foreign Assistance Act of 1961 and that suspension is still 
in effect: Provided, That if the President fails to make the certifi-
cation under section 583(b)(2) of the Middle East Peace Facilitation 
Act or to suspend the prohibition under other legislation, funds 
appropriated by this Act may not be obligated for assistance for 
the Palestine Liberation Organization for the West Bank and Gaza. 
EXPORT FINANCING TRANSFER AUTHORITIES 
SEC. 555. Not to exceed 5 percent of any appropriation other 
than for administrative expenses made available for fiscal year 
1996 for programs under title I of this Act may be transferred 
between such appropriations for use for any of the purposes, pro-
grams and activities for which the funds in such receiving account 
may be used, but no such appropriation, except as otherwise specifi-
cally provided, shall be increased by more than 25 percent by 
any such transfer: Provided, That the exercise of such authority 
shall be subject to the regular notification procedures of the 
Committees on Appropriations. 
WAR CRIMES TRIBUNALS 
SEC. 556. If the President determines that doing so will contrib-
ute to a just resolution of charges regarding genocide or other 
violations of international humanitarian law, the authority of sec-
tion 552(c) of the Foreign Assistance Act of 1961, as amended. 
PUBLIC LAW 104-107—FEB. 12, 1996 
110 STAT. 743 
may be used to provide up to $25,000,000 of commodities and 
services to the United Nations War Crimes Tribunal established 
with regard to the former Yugoslavia by the United Nations Security 
Council or such other tribunals or commissions as the Council 
may establish to deal with such violations, without regard to the 
ceiling limitation contained in paragraph (2) thereof: Provided, That 
the determination required under this section shall be in lieu of 
any determinations otherwise required under section 552(c): Pro-
vided further, That 60 days after the date of enactment of this Reports. 
Act, and every 180 days thereafter, the Secretary of State shall 22USC2656 
submit a report to the Committees on Appropriations describing ^°^-
the steps the United States Government is taking to collect informa-
tion regarding allegations of genocide or other violations of inter-
national law in the former Yugoslavia and to furnish that informa-
tion to the United Nations War Crimes Tribunal for the former 
Yugoslavia. 
NONLETHAL EXCESS DEFENSE ARTICLES 
SEC. 557. Notwithstanding section 519(f) of the Foreign Assist-
ance Act of 1961, during fiscal year 1996, funds available to the 
Department of Defense may be expended for crating, packing, han-
dling and transportation of nonlethal excess defense articles trans-
ferred under the authority of section 519 to countries eligible to 
participate in the Partnership for Peace and to receive assistance 
under Public Law 101-179. 
LANDMINES 
SEC. 558. Notwithstanding any other provision of law, demining 
equipment available to any department or agency and used in 
support of the clearing of landmines for humanitarian purposes 
may be disposed of on a grant basis in foreign countries, subject 
to such terms and conditions as the President may prescribe: Pro-
vided, That section 1365(c) of the National Defense Authorization 
Act for Fiscal Year 1993 (Public Law 102-484; 22 U.S.C, 2778 
note) is amended by striking out "During the four-year period 
beginning on October 23, 1992" and inserting in lieu thereof "During 
the five-year period beginning on October 23, 1992". 
CLARIFICATION OF RESTRICTIONS 
SEC. 559. (a) IN GENERAL.—Section 620E of the Foreign Assist-
ance Act of 1961 (22 U.S.C. 2375) is amended— 
(1) in subsection (e)— 
(A) by striking the words "No assistance" and inserting 
the words "No military assistance"; 
(B) by striking the words "in which assistance is to 
be furnished or military equipment or technology" and 
inserting the words "in which military assistance is to 
be furnished or military equipment or technology"; 
(C) by striking the words "the proposed United States 
assistance" and inserting the words "the proposed United 
States military assistance"; 
(D) by inserting "(1)" immediately after "(e)"; and 
(E) by adding the following new paragraphs: 
"(2) The prohibitions in this section do not apply to any 
assistance or transfer provided for the purposes of: 
110 STAT. 744 
PUBLIC LAW 104-107—FEB. 12, 1996 
President. 
"(A) International narcotics control (including chapter 
8 of part I of this Act) or any provision of law available 
for providing assistance for counternarcotics purposes. 
"(B) Facilitating military-to-military contact, training 
(including chapter 5 of part II of this Act) and humanitarian 
and civic assistance projects. 
"(C) Peacekeeping and other multilateral operations 
(including chapter 6 of part II of this Act relating to peace-
keeping) or any provision of law available for providing 
assistance for peacekeeping purposes, except that lethal 
military equipment provided under this subparagraph shall 
be provided on a lease or loan basis only and shall be 
returned upon completion of the operation for which it 
was provided. 
"(D) Antiterrorism assistance (including chapter 8 of 
part II of this Act relating to antiterrorism assistance) 
or any provision of law available for antiterrorism assist-
ance purposes. 
"(3) The restrictions of this subsection shall continue to 
apply to contracts for the delivery of F-16 aircraft to Pakistan. 
"(4) Notwithstanding the restrictions contained in this sub-
section, military equipment, technology, or defense services, 
other than F-16 aircraft, may be transferred to Pakistan pursu-
ant to contracts or cases entered into before October 1, 1990."; 
and 
(2) by adding at the end the following new subsections: 
"(f) STORAGE COSTS.—The President may release the Govern-
ment of Pakistan of its contractual obligation to pay the United 
States Government for the storage costs of items purchased prior 
to October 1, 1990, but not delivered by the United States Govern-
ment pursuant to subsection (e) and may reimburse the Government 
of Pakistan for any such amount paid, on such terms and conditions 
as the President may prescribe: Provided, That such payments 
have no budgetary impact. 
"(g) INAPPLICABILITY OF RESTRICTIONS TO PREVIOUSLY OWNED 
ITEMS.—Section 620E(e) does not apply to broken, worn or 
unupgraded items or their equivalent which Pakistan paid for and 
took possession of prior to October 1, 1990 and which the Govern-
ment of Pakistan sent to the United States for repair or upgrade. 
Such equipment or its equivalent may be returned to the Govern-
ment of Pakistan: Provided, That the President determines and 
so certifies to the appropriate congressional committees that such 
equipment or equivalent neither constitutes nor has received Einy 
significant qualitative upgrade since being transferred to the United 
States and that its total value does not exceed $25,000,000. 
"(h) BALLISTIC MISSILE SANCTIONS NOT AFFECTED.—^Nothing 
contained herein shall affect sanctions for transfers of missile equip-
ment or technology required under section IIB of the Export 
Administration Act of 1979 or section 73 of the Arms Export Control 
Act.". 
RESTRICTIONS CONCERNING THE PALESTINIAN AUTHORITY 
SEC. 560. None of the funds appropriated by this Act may 
be obligated or expended to create in any part of Jerusalem a 
new office of any department or agency of the United States Govern-
ment for the purpose of conducting official United States Govern-
ment business with the Palestinian Authority over Gaza and Jericho 
PUBLIC LAW 104-107—FEB. 12, 1996 
110 STAT. 745 
or any successor Palestinian governing entity provided for in the 
Israel-PLO Declaration of Principles: Provided, That this restriction 
shall not apply to the acquisition of additional space for the existing 
Consulate General in Jerusalem: Provided further, That meetings 
between officers and employees of the United States and officials 
of the Palestinian Authority, or any successor Palestinian governing 
entity provided for in the Israel-PLO Declaration of Principles, 
for the purpose of conducting official United States Government 
business with such authority should continue to take place in loca-
tions other than Jerusalem. As has been true in the past, officers 
and employees of the United States Government may continue 
to meet in Jerusalem on other subjects with Palestinians (including 
those who now occupy positions in the Palestinian Authority), have 
social contacts, and have incidental discussions. 
PROHIBITION OF PAYMENT OF CERTAIN EXPENSES 
SEC. 561. None of the funds appropriated or otherwise made 
available by this Act under the heading "INTERNATIONAL MILITARY 
EDUCATION AND TRAINING" or "FOREIGN MILITARY FINANCING PRO-
GRAM" for Informational Program activities may be obligated or 
expended to pay for— 
(1) alcoholic beverages; 
(2) food (other than food provided at a military installation) 
not provided in conjunction with Informational Program trips 
where students do not stay at a military installation; or 
(3) entertainment expenses for activities that are substan-
tially of a recreational character, including entrance fees at 
sporting events and amusement parks. 
S E C 562. (a) IN GENERAL.—^None of the funds made available 
in this Act may be used for assistance in support of any country 
when it is made known to the President that the government 
of such country prohibits or otherwise restricts, directly or 
indirectly, the transport or delivery of United States humanitarian 
assistance. 
(b) EXCEPTION.—Funds may be made available with regard 
to the restriction in subsection (a) if the President determines 
that to do so is in the national security interest of the United 
States. 
WITHHOLDING OF ASSISTANCE TO COUNTRIES SUPPORTING NUCLEAR 
PLANT IN CUBA 
SEC. 563. (a) WITHHOLDING.—The President shall withhold from President, 
assistance made available with funds appropriated or made avail-
able pursuant to this Act an amount equal to the sum of assistance 
and credits, if any, provided on or after the date of the enactment 
of this Act by that country, or any entity in that country, in 
support of the completion of the Cuban nuclear facility at Juragua, 
near Cienfuegos, Cuba. 
(b) EXCEPTIONS.—^The requirement of subsection (a) to withhold 
assistance shall not apply with respect to— 
(1) assistance to meet urgent humanitarian needs including 
disaster and refugee relief; 
(2) democratic political reform and rule of law activities; 
(3) the creation of private sector and nongovernmental 
organizations that are independent of government control; 
29-194 O - 9 6 - 2 5 : QL 3 Part 1 
110 STAT. 746 
PUBLIC LAW 104-107—FEB. 12, 1996 
(4) the development of a free market economic system; 
and 
(5) assistance for the purposes described in the Cooperative 
Threat Reduction Act of 1993 (title XII of Public Law 103-
160). 
LIMITATION ON FUNDS FOR HAITI 
Effective date. 
SEC. 564. Effective March 1, 1996, none of the funds appro-
priated in this Act may be made available to the Government 
of Haiti when it is made known to the President that such Govern-
ment is controlled by a regime holding power through means other 
than the democratic elections scheduled for calendar year 1995 
and held in substantial compliance with the requirements of the 
1987 Constitution of Haiti. 
PURCHASE OF AMERICAN-MADE EQUIPMENT AND PRODUCTS 
SEC. 
565. (a) SENSE OF CONGRESS.—It is the sense of 
the 
Congress that, to the greatest extent practicable, all equipment 
and products purchased with funds made available in this Act 
should be American-made. 
(b) NOTICE REQUIREMENT.—In providing financial assistance 
to, or entering into any contract with, any entity using funds 
made available in this Act, the head of each Federal agency, to 
the greatest extent practicable, shall provide to such entity a notice 
describing the statement made in subsection (a) by the Congress. 
LIMITATION ON ASSISTANCE TO TURKEY 
SEC. 566. Not more than $33,500,000 of the funds appropriated 
in this Act under the heading "Economic Support Fund" may be 
made available to the Government of Turkey. 
LIMITATION OF FUNDS FOR NORTH AMERICAN DEVELOPMENT BANK 
SEC. 566A. None of the funds appropriated in this Act under 
the heading "North American Development Bank" and made avail-
able for the Community Adjustment and Investment Program shall 
be used for purposes other than those set out in the binational 
agreement establishing the Bank. 
LIMITATION ON FUNDS FOR BURMA 
SEC. 567. None of the funds made available in this Act may 
be used for International Narcotics Control or Crop Substitution 
Assistance for the Gk)vernment of Burma. 
ASIAN D E V E L O P M E N T BANK 
SEC. 568. The Secretary of the Treasury may, to fulfill commit-
ments of the United States, subscribe to and make pa3mients for 
shares of the Asian Development Bank in connection with the 
fourth general capital increase of the Bank. The amount authorized 
to be appropriated for paid-in shares of the Bank is limited to 
$66,614,647; the amount authorized to be appropriated for payment 
for callable shares of the Bank is limited to $3,264,178,021. The 
amount to be paid in respect of each subscription is authorized 
to be appropriated without fiscal year limitation. Any subscription 
by the United States to the capital stock of the Bank shall be 
PUBLIC LAW 104-107—FEB. 12, 1996 
110 STAT. 747 
effective only to such extent or in such amounts as are provided 
in advance in appropriations Acts. 
INTERNATIONAL DEVELOPMENT ASSOCIATION 
SEC. 569. In order to pay for the United States contribution 
to the tenth replenishment of the resources of the International 
Development Association authorized in section 526 of Public Law 
103-87, there is authorized to be appropriated, without fiscal year 
limitation, $700,000,000 for pajonent by the Secretary of the Treas-
ury. 
SPECIAL DEBT RELIEF FOR THE POOREST 
SEC. 
570. (a) AUTHORITY TO REDUCE DEBT.—^The President 
may reduce amounts owed to the United States (or any agency 
of the United States) by an eligible country as a result of— 
(1) guarantees issued under sections 221 and 222 of the 
Foreign Assistance Act of 1961; or 
(2) credits extended or guarantees issued under the Arms 
Export Control Act. 
(b) LIMITATIONS.— 
(1) The authority provided by subsection (a) may be exer-
cised only to implement multilateral official debt relief and 
referendum agreements, commonly referred to as "Paris Club 
Agreed Minutes". 
(2) The authority provided by subsection (a) may be exer-
cised only in such amounts or to such extent as is provided 
in advance by appropriations Acts. 
(3) The authority provided by subsection (a) may be exer-
cised only with respect to countries with heavy debt burdens 
that are eligible to borrow from the International Development 
Association, 
but not from 
the 
International 
Bank 
for 
Reconstruction and Development, commonly referred to as 
"IDA-only" countries. 
(c) CONDITIONS.—The authority provided by subsection (a) may 
be exercised only with respect to a country whose government— 
(1) does not have an excessive level of military expendi-
tures; 
(2) has not repeatedly provided support for acts of inter-
national terrorism; 
(3) is not failing to cooperate on international narcotics 
control matters; 
(4) (including its military or other security forces) does 
not engage in a consistent pattern of gross violations of inter-
nationally recognized human rights; and 
(5) is not ineligible for assistance because of the application 
of section 527 of the Foreign Relations Authorization Act, fiscal 
years 1994 and 1995. 
(d) AVAILABILITY OF FUNDS.—^The authority provided by sub-
section (a) may be used only with regard to funds appropriated 
by this Act under the heading "Debt Restructuring". 
(e) CERTAIN PROHIBITIONS INAPPLICABLE.—A reduction of debt 
pursuant to subsection (a) shall not be considered assistance for 
purposes of any provision of law limiting assistance to a country. 
The authority provided by subsection (a) may be exercised notwith-
standing section 620(r) of the Foreign Assistance Act of 1961. 
110 STAT. 748 
PUBLIC LAW 104-107—FEB. 12, 1996 
AUTHORITY TO ENGAGE IN DEBT BUYBACKS OR SALES 
SEC. 571. (a) LOANS ELIGIBLE FOR SALE, REDUCTION, OR CAN-
CELLATION.— 
(1) 
AUTHORITY TO SELL, REDUCE, OR CANCEL CERTAIN 
LOANS.—Notwithstanding any other provision of law, the Presi-
dent may, in accordance with this section, sell to any eligible 
purchaser any concessional loan or portion thereof made before 
January 1, 1995, pursuant to the Foreign Assistance Act of 
1961, to the government of any eligible country as defined 
in section 702(6) of that Act or on receipt of payment from 
an eligible purchaser, reduce or cancel such loan or portion 
thereof, only for the purpose of facilitating— 
(A) debt-for-equity swaps, debt-for-development swaps, 
or debt-for-nature swaps; or 
(B) a debt buyback by an eligible country of its own 
qualified debt, only if the eligible country uses an additional 
amount of the local currency of the eligible country, equal 
to not less than 40 percent of the price paid or such 
debt by such eligible country, or the difference between 
the price paid for such debt and the face value of such 
debt, to support activities that link conservation and 
sustainable use of natural resources with local community 
development, and child survival and other child develop-
ment, in a manner consistent with section 707 through 
710 of the Foreign Assistance Act of 1961, if the sale, 
reduction, or cancellation would not contravene any term 
or condition of any prior agreement relating to such loan. 
President. 
(2) TERMS AND CONDITIONS.—Notwithstanding any other 
provision of law, the President shall, in accordance with this 
section, establish the terms and conditions under which loans 
may be sold, reduced, or canceled pursuant to this section. 
(3) ADMINISTRATION.—The Facility, as defined in section 
702(8) of the Foreign Assistance Act of 1961, shall notify the 
administrator of the agency primarily responsible for admin-
istering part I of the Foreign Assistance Act of 1961 of pur-
chasers that the President has determined to be eligible, and 
shall direct such agency to carry out the sale, reduction, or 
cancellation of a loan pursuant to this section. Such agency 
shall make an adjustment in its accounts to reflect the sale, 
reduction, or cancellation. 
(4) LIMITATION.—^The authorities of this subsection shall 
be available only to the extent that appropriations for the 
cost of the modification, as defined in section 502 of the 
Congressional Budget Act of 1974, are made in advance. 
(b) DEPOSIT OF PROCEEDS.—^The proceeds from the sale, reduc-
tion, or cancellation of any loan sold, reduced, or canceled pursuant 
to this section shall be deposited in the United States Government 
account or accounts established for the repayment of such loan. 
(c) ELIGIBLE PURCHASERS.—^A loan may be sold pursuant to 
subsection (a)(1)(A) only to a purchaser who presents plans satisfac-
tory to the President for using the loan for the purpose of engaging 
in debt-for-equity swaps, debt-for-development swaps, or debt-for-
nature swaps. 
President. 
(d) DEBTOR CONSULTATIONS.—Before the sale to any eligible 
purchaser, or any reduction or cancellation pursuant to this section, 
of any loan made to an eligible country, the President shall consult 
PUBLIC LAW 104-107—FEB. 12, 1996 
110 STAT. 749 
with the country concerning the amount of loans to be sold, reduced, 
or canceled and their uses for debt-for-equity swaps, debt-for-devel-
opment swaps, or debt-for-nature swaps. 
(e) AVAILABILITY OF FUNDS.—The authority provided by sub-
section (a) may be used only with regard to funds appropriated 
by this Act under the heading "Debt Restructuring". 
DRAWDOWN AUTHORITY FOR JORDAN 
SEC. 572. During fiscal year 1996, the President may direct, 
for the purposes of part II of the Foreign Assistance Act of 1961, 
the drawdown for Jordan of defense articles from the stocks of 
the Department of Defense, defense services of the Department 
of Defense, and military education and training of up to an aggre-
gate of $100,000,000: Provided, That— 
(a) within six months of the last drawdown under sub-
section (a), the President shall submit a report to the Committee 
on Appropriations identifying the articles, services, training 
or education provided; 
(b) section 506(c) of the Foreign Assistance Act of 1961 
shall apply to the drawdown authority in this section; and 
(c) section 632(d) of the Foreign Assistance Act of 1961 
shall not apply with respect to drawdowns under this section. 
LIBERIA 
SEC. 573. (a) Public Law 102-270 is amended— 
(1) in subsection (b) by striking "Notwithstanding section 
620(q) of the Foreign Assistance Act of 1961 or any other 
similar provision, the" and inserting "The"; and 
(2) in subsection (b)(2) by striking "to implement the 
Yamoussoukro peace accord". 
(b) Funds appropriated by this Act may be made available 
for assistance for Liberia notwithstanding section 620(q) of the 
Foreign Assistance Act of 1961 and section 512 of this Act. 
ANNUAL REPORT ON ECONOMIC AND SOCIAL GROWTH 
SEC. 574. (a) REPORTING REQUIREMENT.—The President shall 
submit to the appropriate congressional committees an annual 
report providing a concise overview of the prospects for economic 
and social growth on a broad, equitable, and sustainable basis 
in the countries receiving economic assistance under title II of 
this Act. For each country, the report shall discuss the laws, policies 
and practices of that country that most contribute to or detract 
from the achievement of this kind of growth. The report should 
address relevant macroeconomic, microeconomic, social, legal, 
environmental, and political factors and include criteria regarding 
wage and price controls. State ownership of production and distribu-
tion. State control of financial institutions, trade and foreign invest-
ment, capital and profit repatriation, tax and private property 
protections and a country's commitment to stimulate education, 
health and human development. 
(b) COUNTRIES.—The countries referred to in subsection (a) 
are countries— 
(1) for which in excess of $5,000,000 has been obligated 
during the previous fiscal year for assistance under sections 
103 through 106, chapters 10 and 11 of part I, and chapter 
President. 
Reports. 
22 u s e 2151 
note. 
President. 
22 u s e 2394 
note. 
110 STAT. 750 
PUBLIC LAW 104-107—FEB. 12, 1996 
4 of part II of the Foreign Assistance of 1961, and under 
the Support for East European Democracy Act of 1989; or 
(2) for which in excess of $1,000,000 has been obligated 
during the previous fiscal year by the Overseas Private Invest-
ment Corporation. 
(c) CONSULTATION.—The Secretary of State shall submit the 
report required by subsection (a) in consultation with the Secretary 
of the Treasury, the Administrator of the Agency for International 
Development, and the President of the Overseas Private Investment 
Corporation. The report shall be submitted with the annual congres-
sional presentation for appropriations. 
SEC. 575. To the maximum extent possible, the funds provided 
by this Act shall be used to provide surveying and mapping related 
services through contracts entered into through competitive bidding 
to qualified United States contractors. 
REPORTS REGARDING HONG KONG 
SEC. 576. (a) Section 301 of the United States-Hong Kong 
Policy Act of 1992 (22 U.S.C. 5731) is amended in the text above 
paragraph (1) by inserting "March 31, 1996," after "March 31, 
1995,". 
22 use 5731 
(b) In light of the deficiencies in reports submitted to the 
note. 
Congress pursuant to section 301 of the United States-Hong Kong 
Policy Act (22 U.S.C. 5731), the Congress directs that the additional 
report required to be submitted under such section by subsection 
(a) of this section include detailed information on the status of, 
and other developments affecting, implementation of the Sino-Brit-
ish Joint Declaration on the Question of Hong Kong, including— 
(1) the Basic Law and its consistency with the Joint 
Declaration; 
(2) the openness and fairness of elections to the legisla-
ture; 
(3) the openness and fairness of the election of the 
chief executive and the executive's accountability to the 
legislature; 
(4) the treatment of political parties; 
(5) the independence of the judiciary and its ability 
to exercise the power of final judgment over Hong Kong 
law; and 
(6) the Bill of Rights. 
SEC. 577. Notwithstanding any other provision of this Act, 
$20,000,000 of the funds made available under the headings "Devel-
opment Assistance" and/or "Economic Support Fund" may be trans-
ferred to, and merged with, the appropriations account entitled 
"International Narcotics Control" and may be available for the 
same purposes for which funds in such account are available. 
GUATEMALA 
SEC. 578. (a) Funds provided in this Act may be made available 
for the Guatemalan military or security forces, and the restrictions 
on Guatemala under the headings "International Military Education 
and Training" and "Foreign Military Financing Program" shall not 
apply, only if the President determines and certifies to the Congress 
that the Guatemalan military is cooperating with efforts to resolve 
human rights abuses which elements of the Guatemalan military 
PUBLIC LAW 104-107—FEB. 12, 1996 
110 STAT. 751 
or security forces are alleged to have committed, ordered or 
attempted to thwart the investigation of. 
(b) The prohibition contained in subsection (a) shall not apply 
to funds made available to implement a cease-fire or peace agree-
ment. 
(c) Any funds made available pursuant to subsections (a) or 
(b) shall be subject to the regular notification procedures of the 
Committees on Appropriations. 
(d) Any funds made available pursuant to subsections (a) and 
(b) for international military education and training may only be 
for expanded international military education and training. 
EXTENSION OF TIED AID CREDIT PROGRAM 
SEC. 579. (a) Section 10(c)(2) of the Export-Import Bank Act 
of 1945 (12 U.S.C. 635i-3(c)(2) is amended by striking "1995" and 
inserting "1997". 
(b) Section 10(e) of the Export-Import Bank Act of 1945 (12 
U.S.C. 635i-3(e)) is amended by striking "1993, 1994, and 1995" 
and inserting "1996 and 1997". 
MORATORIUM ON USE OF ANTIPERSONNEL LANDMINES 
SEC. 580. (a) UNITED STATES MORATORIUM.—For a period of 
one year beginning three years after the date of enactment of 
this Act, the United States shall not use antipersonnel landmines 
except along internationally recognized national borders or in 
demilitarized zones within a perimeter marked area that is mon-
itored by military personnel and protected by adequate means to 
ensure the exclusion of civilians. 
(b) DEFINITION AND EXEMPTIONS.—For the purposes of this 
section: 
(1) ANTIPERSONNEL LANDMINE.—The term "antipersonnel 
landmine" means any munition placed under, on, or near the 
ground or other surface area, delivered by artillery, rocket, 
mortar, or similar means, or dropped from an aircraft and 
which is designed, constructed or adapted to be detonated or 
exploded by the presence, proximity, or contact of a person. 
(2) EXEMPTIONS.—^The term "antipersonnel landmine" does 
not include command detonated Claymore munitions. 
EXTENSION OF AU PAIR PROGRAMS 
SEC. 581. Section 8 of the Eisenhower Exchange Fellowship 
Act of 1990 is amended in the last sentence by striking "fiscal 
104 Stat. 1065. 
year 1995" and inserting "fiscal year 1996". 
SANCTIONS AGAINST COUNTRIES HARBORING WAR CRIMINALS 
SEC. 582. (a) BILATERAL ASSISTANCE.—Funds appropriated by 
this Act under the Foreign Assistance Act of 1961 or the Arms 
Export Control Act may not be provided for any country described 
in subsection (c). 
(b) MULTILATERAL ASSISTANCE.—^The Secretary of the Treasury 
shall instruct the United States executive directors of the inter-
national financial institutions to work in opposition to, and vote 
against, any extension by such institutions of financing or financial 
or technical assistance to any country described in subsection (c). 
110 STAT. 752 
PUBLIC LAW 104-107—FEB. 12, 1996 
(c) SANCTIONED COUNTRIES.—^A country described in this sub-
section is a country the government of which knowingly grants 
sanctuary to persons in its territory for the purpose of evading 
prosecution, where such persons— 
(1) have been indicted by the International Criminal Tribu-
nal for the former Yugoslavia, the International Criminal Tribu-
nal for Rwanda, or any other international tribunal with similar 
standing under international law, or 
(2) have been indicted for war crimes or crimes against 
humanity committed during the period beginning March 23, 
1933 and ending on May 8, 1945 under the direction of, or 
in association with— 
(A) the Nazi government of Germany; 
(B) any government in any area occupied by the mili-
tary forces of the Nazi government of Germany; 
(C) any government which was established with the 
assistance or cooperation of the Nazi government; or 
(D) any government which was an ally of the Nazi 
government of Germany. 
LIMITATION ON ASSISTANCE FOR HAITI 
Reports. 
SEC. 583. (a) LIMITATION.—None of the funds appropriated 
or otherwise made available by this Act, may be provided to the 
Government of Haiti until the President reports to Congress that— 
(1) the Government is conducting thorough investigations 
of extrajudicial and political killings; and 
(2) the Government is cooperating with United States 
authorities in the investigations of political and extrajudicial 
killings. 
(b) Nothing in this section shall be construed to restrict the 
provision of humanitarian or electoral assistance. 
(c) The President may waive the requirements of this section 
if he determines and certifies to the appropriate committees of 
Congress that it is in the national interest of the United States 
or necessary to assure the safe and timely withdrawal of American 
forces from Haiti. 
LIMITATION ON FUNDS TO THE TERRITORY OF THE BOSNIAC-CROAT 
FEDERATION. 
S E C 584. Funds appropriated by this Act for activities in the 
internationally-recognized borders of Bosnia and Herzegovina (other 
than refugee and disaster assistance and assistance for restoration 
of infrastructure, to include power grids, water supplies and natural 
gas) may only be made available for activities in the territory 
of the Bosniac-Croat Federation. 
NATO PARTICIPATION 
S E C 585. REVISIONS TO PROGRAM TO FACILITATE TRANSITION 
TO NATO MEMBERSHIP.— 
(a) ELIGIBLE COUNTRIES.—Subsection (d) of section 203 of the 
NATO Participation Act of 1994 (title II of Public Law 103-447; 
22 U.S.C. 1928 note) is amended to read as follows: 
"(d) DESIGNATION OF ELIGIBLE COUNTRIES.— 
"(1) 
INITIAL PRESIDENTIAL REVIEW AND DESIGNATION.— 
Within 60 days of the enactment of the NATO Participation 
PUBLIC LAW 104-107—FEB. 12, 1996 
110 STAT. 753 
Act Amendments of 1995, the President should evaluate the 
degree to which any country emerging from communist domina-
tion which has expressed its interest in joining NATO meets 
the criteria set forth in paragraph (3), and may designate 
one or more of these countries as eligible to receive assistance 
under the program established under subsection (a). The Presi-
dent shall, at the time of designation of any country pursuant 
to this paragraph, determine and report to the Committees 
on International Relations and Appropriations of the House 
of Representatives and the Committees on Foreign Relations 
and Appropriations of the Senate with respect to each country 
so designated that such country meets the criteria set forth 
in paragraph (3). 
"(2) 
OTHER EUROPEAN COUNTRIES EMERGING FROM COM-
MUNIST DOMINATION.—In addition to the countries designated 
pursuant to paragraph (1), the President may at any time 
designate other European countries emerging from communist 
domination as eligible to receive assistance under the program 
established under subsection (a). The President shall, at the Reports, 
time of designation of any country pursuant to this paragraph, 
determine and report to the Committees on International Rela-
tions and Appropriations of the House of Representatives and 
the Committees on Foreign Relations and Appropriations of 
the Senate with respect to each country so designated that 
such country meets the criteria set forth in paragraph (3). 
"(3) CRITERIA.—The criteria referred to in paragraphs (1) 
and (2) are, with respect to each country, that the country— 
"(A) has made significant progress toward establish-
ing— 
"(i) shared values and interests; 
"(ii) democratic governments; 
"(iii) free market economies; 
"(iv) civilian control of the military, of the police, 
and of intelligence services, so that these organizations 
do not pose a threat to democratic institutions, 
neighboring countries, or the security of NATO or the 
United States; 
"(v) adherence to the rule of law and to the values, 
principles, and political commitments set forth in the 
Helsinki Final Act and other declarations by the mem-
bers of the Organization on Security and Cooperation 
in Europe; 
"(vi) commitment to further the principles of NATO 
and to contribute to the security of the North Atlantic 
area; 
"(vii) commitment to protecting the rights of all 
their citizens and respecting the territorial integrity 
of their neighbors; 
"(viii) commitment and ability to accept the obliga-
tions, responsibilities, and costs of NATO membership; 
and 
"(ix) commitment and ability to implement infra-
structure development activities that will facilitate 
participation in and support for NATO military activi-
ties; 
"(B) is likely, within five years of such determination, 
to be in a position to further the principles of the North 
110 STAT. 754 
PUBLIC LAW 104-107—FEB. 12, 1996 
Atlantic Treaty and to contribute to the security of the 
North Atlantic area; and 
"(C) is not ineligible to receive assistance under section 
552 of the Foreign Operations, Export Financing, and 
Related Programs Appropriations Act, 1996, with respect 
to transfers of equipment to a country the government 
of which the Secretary of State has determined is a terrorist 
government for purposes of section 40(d) of the Arms 
Export Control Act.". 
(2) CONFORMING AMENDMENTS.— 
(A) Subsections (b) and (c) of section 203 of such Act are 
amended by striking "countries described in such subsection" 
each of the two places it appears and inserting "countries 
designated under subsection (d)". 
(B) Subsection (e) of section 203 of such Act is amended 
by inserting "(22 U.S.C. 2394-1), and shall include with such 
notification a memorandum of justification with respect to the 
proposed designation" before the period at the end. 
(b) TYPES OF ASSISTANCE.—Section 203(c) of such Act is 
amended by inserting after paragraph (4) the following new para-
graphs: 
"(5) Assistance under chapter 4 of part II of the Foreign 
Assistance Act of 1961 (relating to the Economic Support Fund). 
"(6) Funds appropriated under the "Nonproliferation and 
Disarmament Fund" account. 
"(7) Assistance under chapter 6 of part II of the Foreign 
Assistance Act of 1961 (relating to peacekeeping operations 
and other programs). 
"(8) Notwithstanding any other provision of law, including 
any restrictions in sections 516 and 519 of the Foreign Assist-
ance Act of 1961, as amended, the President may direct the 
crating, packing, handling, and transportation of excess defense 
articles provided pursuant to paragraphs (1) and (2) of this 
subsection without charge to the recipient of such articles.". 
(c) EFFECT ON OTHER AUTHORITIES.—Section 203 of the NATO 
Participation Act of 1994 (title II of Public Law 103-447, 22 U.S.C. 
1928 note), is amended to add a new subsection (g) to read as 
follows: 
"(g) EFFECT ON OTHER AUTHORITIES.—^Nothing in this Act shall 
affect the eligibility of countries to participate under other provi-
sions of law in programs described in this Act.". 
(d) ANNUAL REPORT.—Section 205 of the NATO Participation 
Act of 1994 (title II of Public Law 103-447; 22 U.S.C. 1928 note) 
is amended: 
(1) by inserting "ANNUAL" in the section heading before 
the first word; 
(2) by inserting "annual" after "include in the" in the matter 
preceding paragraph (1); and 
(3) in paragraphs (1) and (2), by striking "and other" and 
all that follows through the period at the end and in both 
instances inserting in lieu thereof "and any other country des-
ignated by the President pursuant to section 203(d).". 
PUBLIC LAW 104-107—FEB. 12, 1996 
110 STAT. 755 
TITLE VI—MIDDLE EAST PEACE FACILITATION ACT OF 1995 
Middle East 
Peace 
SHORT TITLE 
Facilitation Act 
of 1995. 
SEC. 601. This title may be cited as the "Middle East Peace 
Facilitation Act of 1995". 
FINDINGS 
SEC. 602. The Congress finds that— 
(1) the Palestine Liberation Organization (hereafter the 
"P.L.O.") has recognized the State of Israel's right to exist 
in peace and security, accepted United Nations Security Council 
Resolutions 242 and 338, committed itself to the peace process 
and peaceful coexistence with Israel, free from violence and 
all other acts which endanger peace and stability, and assumed 
responsibility over all P.L.O. elements and personnel in order 
to assure their compliance, prevent violations, and discipline 
violators; 
(2) Israel has recognized the P.L.O. as the representative 
of the Palestinian people; 
(3) Israel and the P.L.O. signed a Declaration of Principles 
on Interim Self-Government Arrangements (hereafter the "Dec-
laration of Principles") on September 13, 1993 at the White 
House; 
(4) Israel and the P.L.O. signed an Agreement on the 
Gaza Strip and the Jericho Area (hereafter the "Gaza-Jericho 
Agreement") on May 4, 1994 which established a Palestinian 
Authority for the Gaza and Jericho areas; 
(5) Israel and the P.L.O. signed an Agreement on Pre-
paratory Transfer of Powers and Responsibilities (hereafter 
the "Early Empowerment Agreement") on August 29, 1994 
which provided for the transfer to the Palestinian Authority 
of certain powers and responsibilities in the West Bank outside 
of the Jericho Area; 
(6) under the terms of the Israeli-Palestinian Interim 
Agreement on the West Bank and Gaza (hereafter the "Interim 
Agreement) signed on September 28, 1995, the Declaration 
of Principles, the Gaza-Jericho Agreement and the Early 
Empowerment Agreement, the powers and responsibilities of 
the Palestinian Authority are to be assumed by an elected 
Palestinian Council with jurisdiction in the West Bank and 
Gaza' Strip in accordance with the Interim Agreement; 
(7) permanent status negotiations relating to the West 
Bank and Gaza Strip are scheduled to begin by May 1996; 
(8) the Congress has, since the conclusion of the Declaration 
of Principles and the P.L.O.'s renunciation of terrorism, pro-
vided authorities to the President to suspend certain statutory 
restrictions relating to the P.L.O., subject to Presidential certifi-
cations that the P.L.O. has continued to abide by commitments 
made in and in connection with or resulting from the good 
faith implementation of, the Declaration of Principles; 
(9) the P.L.O. commitments relevant to Presidential certifi-
cations have included commitments to renounce and condemn 
terrorism, to submit to the Palestinian National Council for 
former approval the necessary changes to those articles of the 
Palestinian Covenant which call for Israel's destruction, and 
to prevent acts of terrorism and hostilities against Israel; and 
110 STAT. 756 
PUBLIC LAW 104-107—FEB. 12, 1996 
(10) the United States is resolute in its determination 
to ensure that in providing assistance to Palestinians living 
under the jurisdiction of the Palestinian Authority or elsewhere, 
the beneficiaries of such assistance shall be held to the same 
standard of financial accountability and management control 
as any other recipient of United States assistance. 
SENSE OF CONGRESS 
SEC. 603. It is the sense of the Congress that the P.L.O. 
must do far more to demonstrate an irrevocable denunciation of 
terrorism and ensure a peaceful settlement of the Middle East 
dispute, and in particular it must— 
(1) submit to the Palestinian National Council for formal 
approval the necessary changes to those articles of the Palestin-
ian National Covenant which call for Israel's destruction; 
(2) make greater efforts to pre-empt acts of terror, discipline 
violators and contribute to stemming the violence that has 
resulted in the deaths of over 140 Israeli and United States 
citizens since the signing of the Declaration of Principles; 
(3) prohibit participation in its activities and in the Pal-
estinian Authority and its successors by any groups or individ-
uals which continue to promote and commit acts of terrorism; 
(4) cease all anti-Israel rhetoric, which potentially under-
mines the peace process; 
(5) confiscate all unlicensed weapons; 
(6) transfer and cooperate in transfer proceedings relating 
to any person accused by Israel to acts of terrorism; and 
(7) respect civil liberties, human rights and democratic 
norms. 
AUTHORITY TO SUSPEND CERTAIN PROVISIONS 
SEC. 604. (a) IN GENERAL.—Subject to subsection (b), beginning 
on the date of enactment of this Act and for eighteen months 
thereafter, the President may suspend for a period of not more 
than 6 months at a time any provision of law specified in subsection 
(d). Any such suspension shall cease to be effective after 6 months, 
or at such earlier date as the President may specify, 
(b) CONDITIONS.— 
President. 
(1) CONSULTATIONS.—Prior to each exercise of the authority 
provided in subsection (a) or certification pursuant to subsection 
(c), the President shall consult with the relevant congressional 
committees. The President may not exercise that authority 
or make such certification until 30 days after a written policy 
justification is submitted to the relevant congressional commit-
tees. 
(2) PRESIDENTL^L CERTIFICATION.—^The President may exer-
cise the authority provided in subsection (a) only if the Presi-
dent certifies to the relevant congressional committees each 
time he exercises such authority that— 
(A) it is in the national interest of the United States 
to exercise such authority; 
(B) the P.L.O., the Palestinian Authority, and successor 
entities are complying with all the commitments described 
in paragraph (4); and 
(C) funds provided pursuant to the exercise of this 
authority and the authorities under section 583(a) of Public 
PUBLIC LAW 104-107—FEB. 12, 1996 
110 STAT. 757 
Law 103-236 and section 3(a) of Public Law 103-125 have 
been used for the purposes for which they were intended. 
(3) REQUIREMENT FOR CONTINUING P.L.O. COMPLIANCE.— 
(A) The President shall ensure that P.L.O. performance President, 
is continuously monitored and if the President at any time 
determines that the P.L.O. has not continued to comply 
with all the commitments described in paragraph (4), he 
shall so notify the relevant congressional committees and 
any suspension under subsection (a) of a provision of law 
specified in subsection (d) shall cease to be effective. 
(B) Beginning six months after the date of enactment 
of this Act, if the President on the basis of the continuous 
monitoring of the P.L.O.'s performance determines that 
the P.L.O. is not complying with the 
requirements 
described in subsection (c), he shall so notify the relevant 
congressional committees and no assistance shall be pro-
vided pursuant to the exercise by the President of the 
authority provided by subsection (a) until such time as 
the President makes the certification provided for in sub-
section (c). 
(4) P.L.O. COMMITMENTS DESCRIBED.—^The commitments 
referred to in paragraphs (2)(B) and (3)(A) are the commitments 
made by the P.L.O.— 
(A) in its letter of September 9, 1993, to the Prime 
Minister of Israel; in its letter of September 9, 1993, to 
the Foreign Minister of Norway to— 
(i) recognize the right of the State of Israel to 
exist in peace and security; 
(ii) accept United Nations Security Council Resolu-
tions 242 and 338; 
(iii) renounce the use of terrorism and other acts 
of violence; 
(iv) assume responsibility over all P.L.O. elements 
and personnel in order to assure their compliance, 
prevent violations and discipline violators; 
(v) call upon the Palestinian people in the West 
Bank and Gaza Strip to take part in the steps leading 
to the normalization of life, rejecting violence and 
terrorism, and contributing to peace and stability; and 
(vi) submit to the Palestine National Council for 
formal approval the necessary changes to the Palestin-
ian National Covenant eliminating calls for Israel's 
destruction, and 
(B) in, and resulting from, the good faith implementa-
tion of the Declaration of Principles, including good faith 
implementation of subsequent agreements with Israel, with 
particular attention to the objective of preventing terrorism, 
as reflected in the provisions of the Interim Agreement 
concerning— 
(i) prevention of acts of terrorism and legal meas-
ures against terrorists, including the arrest 
and 
prosecution of individuals suspected of perpetrating 
acts of violence and terror; 
(ii) abstention from and prevention of incitement, 
including hostile propaganda; 
(iii) operation of armed forces other than the Pal-
estinian Police; 
110 STAT. 758 
PUBLIC LAW 104-107—FEB. 12, 1996 
(iv) possession, manufacture, sale, acquisition or 
importation of weapons; 
(v) employment of police who have been convicted 
of serious crimes or have been found to be actively 
involved in terrorist activities subsequent to their 
emplojnnent; 
(vi) transfers to Israel of individuals suspected of, 
charged with, or convicted of an offense that falls 
within Israeli criminal jurisdiction; 
(vii) cooperation with the government of Israel in 
criminal matters, including cooperation in the conduct 
of investigations; and 
(viii) exercise of powers and responsibilities under 
the agreement with due regard to internationally 
accepted norms and principles of human rights and 
the rule of law. 
President. 
(5) POLICY JUSTIFICATION.—As part of the President's writ-
Reports. 
ten policy justification to be submitted to the relevant Congres-
sional Committees pursuant to paragraph (1), the President 
will report on— 
(A) the manner in which the P.L.O. has complied with 
the commitments specified in paragraph (4), including 
responses to individual acts of terrorism and violence, 
actions to discipline perpetrators of terror and violence, 
and actions to preempt acts of terror and violence; 
(B) the extent to which the P.L.O. has fulfilled the 
requirements specified in subsection (c); 
(C) actions that the P.L.O. has taken with regard to 
the Arab League boycott of Israel; 
(D) the status and activities of the P.L.O. office in 
the United States; 
(E) all United States assistance which benefits, directly 
or indirectly, the projects, programs, or activities of the 
Palestinian Authority in Gaza, Jericho, or any other area 
it may control, since September 13, 1993, including— 
(i) the obligation and disbursal of such assistance, 
by project, activity, and date, as well as by prime 
contractor and all subcontractors; 
(ii) the organizations or individuals responsible for 
the receipt and obligation of such assistance; 
(iii) the intended beneficiaries of such assistance; 
and 
(iv) the amount of international donor funds that 
benefit the P.L.O. or the Palestinian Authority in Gaza, 
Jericho, or any other area the P.L.O. or the Palestinian 
Authority may control, and to which the United States 
is a contributor; and 
(F) statements by senior officials of the P.L.O., the 
Palestinian Authority, and successor entities that question 
the right of Israel to exist or urge armed conflict with 
or terrorism against Israel or its citizens, including an 
assessment of the degree to which such statements reflect 
official policy of the P.L.O., the Palestinian Authority, or 
successor entities. 
(c) REQUIREMENT FOR CONTINUED PROVISION OF ASSISTANCE.— 
Six months after the enactment of this Act, United States assistance 
shall not be provided pursuant to the exercise by the President 
PUBLIC LAW 104-107—FEB. 12, 1996 
110 STAT. 759 
of the authority provided by subsection (a), unless and until the 
President determines and so certifies to the Congress that— 
(1) if the Palestini£in Council has been elected and assumed 
its responsibilities, it has, within 2 months, effectively dis-
avowed and thereby nullified the articles of the Palestine 
National Covenant which call for Israel's destruction, unless 
the necessary changes to the Covenant have already been 
approved by the Palestine National Council; 
(2) the P.L.O., the Palestinian Authority, and successor 
entities have exercised their authority resolutely to establish 
the necessary enforcement institutions; including laws, police, 
and a judicial system, for apprehending, transferring, prosecut-
ing, convicting, and imprisoning terrorists; 
(3) the P.L.O., has limited participation in the Palestinian 
Authority and its successors to individuals and groups that 
neither engage in nor practice terrorism or violence in the 
implementation of their political goals; 
(4) the P.L.O., the Palestinian Authority, and successor 
entities have not provided any financial or material assistance 
or training to any group, whether or not affiliated with the 
P.L.O., to carry out actions inconsistent with the Declaration 
of Principles, particularly acts of terrorism against Israel; 
(5) the P.L.O., the Palestinian Authority, or successar enti-
ties have cooperated in good faith with Israeli authorities in— 
(A) the preemption of acts of terrorism; 
(B) the apprehension, trial, and punishment of individ-
uals who have planned or committed terrorist acts subject 
to the jurisdiction of the Palestinian Authority or any 
successor entity; and 
(C) the apprehension of and transfer to Israeli authori-
ties of individuals suspected of, charged with, or convicted 
of, planning or committing terrorist acts subject to Israeli 
jurisdiction in accordance with the specific provisions of 
the Interim Agreement; 
(6) the P.L.O., the Palestinian Authority, and successor 
entities have exercised their authority resolutely to enact and 
implement laws requiring the disarming of civilians not specifi-
cally licensed to possess or carry weapons; 
(7) the P.L.O., the Palestinian Authority, and successor 
entities have not funded, either partially or wholly, or have 
ceased funding, either partially or wholly, any office, or other 
presence of the Palestinian Authority in Jerusalem unless 
established by specific agreement between Israel and the 
P.L.O., the Palestinian Authority, or successor entities; 
(8) the P.L.O., the Palestinian Authority, and successor 
entities are cooperating fully with the Government of the 
United States on the provision of information on United States 
nationals known to have been held at any time by the P.L.O. 
or factions thereof; and 
(9) the P.L.O., the Palestinian Authority, and successor 
entities have not, without the agreement of the Government » 
of Israel, taken any steps that will change the status of Jerusa-
lem or the West Bank and Gaza Strip, pending the outcome 
of the permanent status negotiations. 
(d) PROVISIONS THAT MAY BE SUSPENDED.—^The provisions that 
may be suspended under the authority of subsection (a) are the 
following: 
110 STAT. 760 
PUBLIC LAW 104-107—FEB. 12, 1996 
(1) Section 307 of the Foreign Assistance Act of 1961 (22 
U.S.C. 2227) as it applies with respect to the P.L.O. or entities 
associated with it. 
(2) Section 114 of the Department of State Authorization 
Act, fiscal years 1984 and 1985 (22 U.S.C. 287e note) as it 
applies with respect to the P.L.O. or entities associated with 
it. 
(3) Section 1003 of the Foreign Relations Authorization 
Act, fiscal years 1988 and 1989 (22 U.S.C. 5202). 
(4) Section 37 of the Bretton Woods Agreement Act (22 
U.S.C. 286W) as it applies on the granting to the P.L.O. of 
observer status or other official status at any meeting sponsored 
by or associated with the International Monetary Fund. As 
used in this paragraph, the term "other official status" does 
not include membership in the International Monetary Fund. 
(e) DEFINITIONS.—As used in this title: 
(1) RELEVANT CONGRESSIONAL COMMITTEES.—The term "rel-
evant congressional committees" mean— 
(A) the Committee on International Relations, the 
Committee on Banking and Financial Services, and the 
Committee on Appropriations of the House of Representa-
tives; and 
(B) the Committee on Foreign Relations and the 
Committee on Appropriations of the Senate. 
(2) UNITED STATES ASSISTANCE.—^The term "United States 
assistance" means any form of grant, loan, loan guarantee, 
credit, insurance, in kind assistance, or any other form of 
assistance. 
TRANSITION PROVISION 
SEC. 605. (a) IN GENERAL.—Section 583(a) of the Foreign Rela-
tions Authorization Act, Fiscal Years 1994 and 1995 (Public Law 
108 Stat. 488. 
103-236) is amended by striking "November 1, 1995" and inserting 
"January 1, 1996". 
(b) CONSULTATION.—For purposes of any exercise of the author-
ity provided in section 583(a) of the Foreign Relations Authorization 
Act, Fiscal Years 1994 and 1995 (Public Law 103-236) prior to 
November 15, 1995, the written policy justification dated June 
1, 1995, and submitted to the Congress in accordance with section 
583(b)(1) of such Act, and the consultations associated with such 
policy justification, shall be deemed to satisfy the requirements 
of section 583(bXl) of such Act. 
REPORTING REQUIREMENT 
SEC. 606. Section 804(b) of the PLO Commitments Compliance 
104 Stat. 78. 
Act of 1989 (title VIII of Public Law 101-246) is amended— 
(1) in the matter preceding paragraph (1), by striking "sec-
tion (3)(b)(l) of the Middle East Peace Facilitation Act of 1994" 
and inserting "section 604(b)(1) of the Middle East Peace Facili-
tation Act of 1995"; and 
(2) in paragraph (1), by striking "section (4Xa) of the Middle 
East Peace Facilitation Act of 1994 (Oslo commitments)" and 
inserting "section 604(b)(4) of the Middle East Peace Facilita-
tion Act of 1995". 
PUBLIC LAW 104-107—FEB. 12, 1996 
110 STAT. 761 
This Act may be cited as the "Foreign Operations, Export 
Financing, and Related Programs Appropriations Act, 1996". 
Approved February 12, 1996. 
•LEGISLATIVE HISTORY—H.R. 1868: 
HOUSE REPORTS: Nos. 104-143 (Comm. on Appropriations) and 104r-295 (Comm. 
of Conference). 
SENATE REPORTS: No. 104-143 (Comm. on Appropriations). 
CONGRESSIONAL RECORD, Vol. 141 (1995): 
June 22, 27, 28, July 11, considered and passed House. 
Sept. 20, 21, considered and passed Senate, amended. 
Oct. 31, House agreed to conference report; receded and concurred in Senate 
amendment No. 115 with an amendment. 
Nov. 1, Senate agreed to conference report; concurred in House amendment 
to Senate amendment No. 115 with an amendment. 
Nov. 15, House disagreed to Senate amendment. Senate receded from its 
amendment No. 115. 
Dec. 13, House receded from its amendment to Senate amendment No. 115 
and concurred with an amendment. 
*Note: Pursuant to sec. 301, Public Law 104-99, 110 Stat. 38, as enacted on January 26, 1996, 
House and Senate disposed of Senate amendment No. 115 as if enacted into law.