by means of currency or monetary instruments or fi-
nancial 
securities, 
financial 
services, 
lodging, 
safehouses, false documentation or identification, 
communications equipment, facilities, weapons, le-
thal substances, explosives, transportation, and other 
physical assets, but such term does not include the 
provision of medicine or religious materials. 
‘‘(7) UNITED STATES FOREIGN ASSISTANCE.— 
The term ‘United States foreign assistance’ means— 
‘‘(A) assistance authorized under this Act; 
‘‘(B) assistance authorized under the 
FREEDOM Support Act (22 U.S.C. 5801 et 
seq.), the Support for East European Democ-
racy (SEED) Act of 1989 (22 U.S.C. 5401 et 
seq.), the Afghanistan Freedom Support Act of 
2002 (22 U.S.C. 7501 et seq.), the United 
States Leadership Against HIV/AIDS, Tuber-
culosis, and Malaria Act of 2003 (22 U.S.C. 
7601 et seq.), the Millennium Challenge Act of 
2003 (22 U.S.C. 7701 et seq.); and 
‘‘(C) assistance authorized under any other 
provision of law that is classified under Inter-
national Affairs Budget Function 150 for bilat-
eral economic assistance administered by the 
Department of State or the United States 
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Agency for International Development or for 
assistance provided through the Overseas Pri-
vate Investment Corporation or the Trade and 
Development Agency. 
‘‘SEC. 672. PROHIBITION ON UNITED STATES FOREIGN AS-
SISTANCE. 
‘‘For fiscal year 2010 and each subsequent fiscal 
year, United States foreign assistance funds may not be 
provided to persons who are affiliated with or support for-
eign terrorist organizations or who otherwise commit or 
support acts of international terrorism, as determined pur-
suant to the vetting system established under section 673. 
‘‘SEC. 673. VETTING SYSTEM TO ENSURE UNITED STATES 
FOREIGN ASSISTANCE IS NOT USED FOR TER-
RORIST ACTIVITIES. 
‘‘(a) ESTABLISHMENT OF SYSTEM.—Not later than 
June 30, 2010, the Secretary of State, in consultation 
with the Administrator of the United States Agency for 
International Development, shall establish and implement 
in accordance with the requirements of this section a sys-
tem to verify that persons who receive United States for-
eign assistance funds are not affiliated with or do not sup-
port foreign terrorist organizations or do not otherwise 
commit or support acts of international terrorism. 
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‘‘(b) ELEMENTS OF SYSTEM.—The system required 
under subsection (a) shall contain the following elements: 
‘‘(1) COLLECTION OF INFORMATION.— 
‘‘(A) IN GENERAL.—Collection of the in-
formation described in subparagraph (B) with 
respect to persons who receive United States 
foreign assistance, including individuals who are 
directors, officers, or other officials, or are oth-
erwise employed by such person for the specific 
project for which the person is applying for 
funding. 
‘‘(B) INFORMATION DESCRIBED.—The in-
formation referred to in subparagraph (A) in-
cludes the name, date of birth, place of birth, 
country of origin, Social Security Number or 
other identification type or number, nationality, 
residential address, mailing address, phone 
number, electronic mail (e-mail) address, and 
organizational affiliations of the personnel. 
‘‘(C) EXCEPTION.—The Secretary of State 
may modify the type and amount of information 
collected from non-United States persons who 
receive United States foreign assistance pursu-
ant to this paragraph if collection of all or part 
of the information described in subparagraph 
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(B) with respect to the personnel of such per-
son is impracticable due to a lack of local ad-
ministrative resources or facilities resulting 
in— 
‘‘(i) a lack of official records from 
which identifying information might be col-
lected or verified; or 
‘‘(ii) deficiencies in official records 
from which identifying information might 
be collected or verified. 
‘‘(2) VETTING
OF
INFORMATION.—Vetting of 
information collected under paragraph (1) against 
appropriate United States Government databases to 
ensure that persons who receive United States for-
eign assistance— 
‘‘(A) are not affiliated with or do not sup-
port foreign terrorist organizations; or 
‘‘(B) do not otherwise commit or support 
acts of international terrorism. 
‘‘(3) CERTIFICATION BY PERSON.—Certification 
by persons who receive United States foreign assist-
ance funds that such persons are not affiliated with 
or do not support foreign terrorist organizations or 
do not otherwise commit or support acts of inter-
national terrorism and that such persons have taken 
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all reasonable steps to ensure that persons employed 
by such persons for the specific project for which 
such persons are applying for funding are not affili-
ated with or do not support foreign terrorist organi-
zations or do not otherwise commit or support acts 
of international terrorism. 
‘‘(4) ADMINISTRATIVE
PROVISIONS.—Adminis-
trative provisions to ensure that contracts, grants, 
cooperative agreements, or any other similar instru-
ments contain provisions specifying the obligations 
under this chapter of persons who receive United 
States foreign assistance funds. 
‘‘(c) REVIEW BY COMPTROLLER GENERAL.— 
‘‘(1) IN GENERAL.—The Comptroller General of 
the United States shall carry out an annual review 
of the use of United States foreign assistance funds 
to ensure compliance with the requirements of this 
section. The Secretary of State, the Administrator of 
the United States Agency for International Develop-
ment, and the heads of other United States Govern-
ment departments and agencies who receive or ad-
minister United States foreign assistance funding 
shall make available to the Comptroller General all 
relevant documents, records, and other information, 
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as appropriate, for purposes of carrying out the re-
view. 
‘‘(2) REPORT.—Not later than June 30, 2011, 
and June 30, 2012, the Comptroller General of the 
United States shall submit to the appropriate con-
gressional committees a report on the findings of the 
review carried out under paragraph (1). The report 
shall be submitted in unclassified form, but may 
contain a classified annex, if appropriate. 
‘‘(d) REPORT.—Not later January 1, 2011, and an-
nually thereafter, the Secretary of State, in consultation 
with the Administrator for the United States Agency for 
International Development, shall submit to the appro-
priate congressional committees a report describing the 
status of the implementation of this section, including an 
assessment of the effectiveness of the vetting procedures 
under this section and recommendations for improvements 
and comparisons with best practices. The report required 
under this subsection shall be submitted in conjunction 
with the annual budget request submitted by the President 
to Congress under section 1105 of title 31, United States 
Code. 
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‘‘SEC. 674. INFORMATION AND PROCEDURAL SAFEGUARDS 
RELATING TO DENIALS OF UNITED STATES 
FOREIGN ASSISTANCE. 
‘‘(a) IN GENERAL.—The Secretary of State shall en-
sure that persons who are denied United States foreign 
assistance funds, as determined pursuant to the vetting 
system established under section 673, are provided the in-
formation and afforded the procedural safeguards de-
scribed in subsection (b). 
‘‘(b) 
INFORMATION
AND
PROCEDURAL
SAFE-
GUARDS.—A person referred to in subsection (a) shall 
be— 
‘‘(1) provided as comprehensive and detailed a 
written explanation of the basis for the determina-
tion as the national security interests of the United 
States and other applicable law permit; 
‘‘(2) provided a reasonable opportunity to reply 
in writing to the determination, and to request a re-
view of the determination by the panel described in 
paragraph (4) of this subsection; 
‘‘(3) provided written notice of and reasons for 
the results of the review, the identity of the deciding 
authority, and written notice of the right to appeal 
to the panel described in paragraph (4) of this sub-
section; 
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‘‘(4) provided an opportunity to appeal in writ-
ing to a panel, appointed by the Secretary of State, 
which shall be comprised of at least three members, 
who are qualified for access to all information upon 
which this determination is based through appro-
priate clearance procedures, and the decisions of 
which shall be in writing; and 
‘‘(5) provided an opportunity to appear person-
ally and to present relevant documents, materials, 
and information before the panel described in para-
graph (4) of this subsection. 
‘‘(c) NO PRIVATE CAUSE OF ACTION.—Nothing in 
this section shall be construed to create a private cause 
of action for damages or injunctive relief. 
‘‘(d) REGULATIONS; ADDITIONAL
REVIEW
PRO-
CEEDINGS.—The Secretary of State and the Adminis-
trator of the United States Agency for International De-
velopment shall promulgate regulations to implement this 
section and, at their sole discretion and as resources and 
national security considerations permit, may provide addi-
tional review proceedings beyond those required under 
subsection (a). 
‘‘(e) SPECIAL CERTIFICATION TO MODIFY PROCE-
DURAL SAFEGUARDS.—If the Secretary of State certifies 
to the appropriate congressional committees that a proce-
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dure set forth in this section cannot be made available in 
a particular case without damaging the national security 
interests of the United States by revealing classified infor-
mation, the procedure shall not be made available in such 
case. 
‘‘(f) COMPLIANCE WITH FREEDOM OF INFORMATION 
ACT AND PRIVACY ACT REQUIREMENTS.— 
‘‘(1) IN GENERAL.—Records in the system of 
records maintained for purposes of this chapter shall 
be made available only in accordance with section 
552 of title 5, United States Code (commonly re-
ferred to as the ‘Freedom of Information Act’), and 
section 552a of title 5, United States Code (com-
monly referred to as the ‘Privacy Act’). The classi-
fication of any record provided by an agency for in-
clusion in or use by the system of records main-
tained for purposes of this chapter shall not be 
modified by reason of its inclusion in or use by such 
system of records. 
‘‘(2) DEFINITIONS.—In this section, the terms 
‘agency’, ‘record’, and ‘system of records’ have the 
meanings given such terms in section 552a(a) of 
title 5, United States Code. 
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‘‘SEC. 675. AUDIT BY COMPTROLLER GENERAL. 
‘‘(a) AUDIT.—The Comptroller General of the United 
States shall conduct on a biennial basis an audit of the 
implementation of this chapter. 
‘‘(b) REPORT.—The Comptroller General shall sub-
mit to the appropriate congressional committees a report 
that contains the findings of the audit conducted under 
subsection (a). The report shall be submitted in unclassi-
fied form, but may contain a classified annex, if necessary. 
‘‘SEC. 676. AUTHORIZATION OF APPROPRIATIONS. 
‘‘To carry out this chapter, there are authorized to 
be appropriated such sums that may be necessary for fis-
cal year 2010 and each subsequent fiscal year’’. 
Æ 
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