633 
(K) any conditions placed on the use of 
United States Government funds obligated for 
the project or activity, and whether those condi-
tions have been met; 
(L) the evaluation and monitoring plan for 
each such project or activity; 
(M) 
semiannual 
updates 
on 
results 
achieved to date for each such project or activ-
ity; and 
(N) if a project or activity has been ex-
tended, suspended, terminated, or significantly 
modified, the reasons for such action. 
(2) ADMINISTRATIVE
COSTS.—In addition to 
the information relating to specific projects and ac-
tivities as required under paragraph (1), the data-
base shall contain, for each overseas mission, infor-
mation on all overhead and administrative costs, in-
cluding— 
(A) for the previous fiscal year, numbers of 
staff in each employment category, housing and 
facilities operation and maintenance expenses, 
salaries and benefits, travel and transportation 
expenses, and other support costs; and 
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(B) for the coming fiscal year, planned 
capital investments and projected staff in-
creases or reductions. 
(3) TIMING.— 
(A) EXISTING
PROJECTS
AND
ACTIVI-
TIES.—For each project and activity in effect 
on the date of the enactment of this Act, the 
database shall be operative within 6 months of 
such date of enactment. 
(B) NEW PROJECTS AND ACTIVITIES.—For 
each project and activity that has not received 
United States Government funding as of the 
date of the enactment of this Act, the depart-
ment or agency (as the case may be) shall enter 
into the database the information required by 
paragraph (1) within 90 days from the date of 
the initial obligation of funds for the project or 
activity. 
(4) MODIFICATIONS.—In the event of any 
changes or modifications in any of the elements of 
the database for a project or activity, the database 
shall be updated as soon as possible but in no event 
later than 30 days from the date on which such 
changes or modifications have been approved and, 
where applicable, agreed to by the partner country. 
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(5) REPORTS IN LIEU OF INCLUSION.—If the 
Secretary, the Administrator, or the Chief Executive 
Officer of the Millennium Challenge Corporation, as 
the case may be, makes a determination that the in-
clusion of a required item of information in the 
database could reasonably be expected to jeopardize 
the health or safety of a private partner or program 
beneficiary or would be detrimental to the national 
interests of the United States, such item of informa-
tion may be submitted to the appropriate congres-
sional committees in a non-public written report in 
lieu of including it in the database, along the rea-
sons for not including it in the database. 
(6) STRUCTURE.—The database required under 
this section shall be structured so that— 
(A) data may be uploaded from overseas 
missions; and 
(B) users may search the data by word 
and sort the data by field. 
(c) HARMONIZATION
OF DATA.—The information 
contained in the database required under subsection (b) 
shall include all information provided to the Development 
Assistance Committee of the Organization for Economic 
Cooperation and Development and the International Aid 
Transparency Initiative, and should, to the maximum ex-
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tent possible, be harmonized with the types, categories and 
formats of information requested by such organization and 
such initiative. 
(d) 
DEFINITION.—In 
this 
section, 
the 
terms 
‘‘project’’ and ‘‘activity’’ mean a discrete assistance activ-
ity for which funds are made available, including activities 
encompassed within a strategy, compact, agreement, ac-
count or program of assistance. 
SEC. 8302. CONGRESSIONAL BUDGET JUSTIFICATION. 
(a) REQUIREMENT FOR SUBMISSION.—The President 
shall prepare, and submit to the Congress not later than 
February 1 of each year, a report justifying the resources 
requested for all foreign assistance programs. 
(b) MATERIALS TO BE INCLUDED.—The report sub-
mitted pursuant to subsection (a) shall include— 
(1) a description of each planned country, re-
gional, or centrally funded program for the coming 
fiscal year, and the rationale for each such program; 
(2) the dollar amount of each program— 
(A) as proposed for the coming fiscal year; 
(B) as estimated for the current fiscal 
year; and 
(C) as allocated for the previous fiscal 
year; and 
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(3) wherever possible, a description of the re-
sults achieved for each such program in the previous 
1 to 5 fiscal years. 
SEC. 8303. REPORT ON ALLOCATION OF ASSISTANCE 
UNDER THIS ACT. 
(a) REPORT ON ALLOCATIONS OF ASSISTANCE.—Not 
later than 30 days after the date of the enactment of any 
law appropriating funds to carry out any provision of this 
Act, the President shall notify Congress of— 
(1) each foreign country, international organi-
zation, regional program, and centrally funded pro-
gram for which the United States Government in-
tends to provide any portion of the funds under such 
law; and 
(2) the amount of funds under such law, by cat-
egory of assistance, that the United States Govern-
ment intends to provide to each such country, orga-
nization, and program. 
(b) EXCEPTION.—Subsection (a) does not apply with 
respect to any law making continuing appropriations. 
(c) USE OF SPECIAL AUTHORITY.—The authority of 
section 9603 may not be used to waive the provisions of 
this section. 
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SEC. 8304. SECURITY ASSISTANCE DATABASE. 
(a) DATABASE
REQUIRED.—The Secretary shall 
maintain an online database which contains the informa-
tion described in subsection (b). Such database may be 
combined with the database required under section 8301. 
(b) CONTENT.—The database required under sub-
section (a) shall include— 
(1) the type, dollar value, and quantity of de-
fense articles (including excess defense articles), de-
fense services, and international military education 
and training furnished by the United States to each 
foreign country and international organization; 
(2) the provision of law under which such arti-
cle, service, and education or training was furnished; 
(3) the dollar value, quantity, and end user of 
semiautomatic assault weapons, or spare parts for 
such weapons, the manufacture, transfer, or posses-
sion of which is unlawful under section 922 of title 
18, United States Code, receiving a license for ex-
port; and 
(4) for military education and training provided 
to foreign military personnel, the type of training, 
the number of foreign military personnel trained, 
their units of operation, and the location of the 
training. 
(c) MILITARY EDUCATION AND TRAINING.— 
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(1) RECORDKEEPING.—With respect to military 
education and training provided under subsection 
(b)(4), the Secretary of Defense shall develop and 
maintain records, which shall not be subject to the 
requirements for public availability in subsection (e), 
for each foreign military and defense participant in 
military education and training activities conducted 
under this or any other Act. Such database shall be 
made available to the Secretary of State and shall 
include the type of instruction received, the dates 
and location of such instruction, whether such in-
struction was completed successfully, and, to the ex-
tent practicable, the person’s subsequent military or 
defense ministry career and current position and lo-
cation. 
(2) REPORT ON VIOLATIONS.—Not later than 
March 1 of each year, the Secretary of State shall 
submit to the appropriate congressional committees 
a report describing any involvement of a foreign 
military or defense participant in military education 
and training activities under this or any other Act 
in a violation of internationally recognized human 
rights subsequent to such participation. Such report 
shall be in unclassified form, but may include a clas-
sified annex. 
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(3) ADDITION TO DATABASE.—The Secretary of 
Defense shall ensure that the database required 
under subsection (a) is updated to include the infor-
mation reported to Congress pursuant to paragraph 
(2) 
(d) TIMING.—The Secretary shall ensure that the 
database required under this section is operative not later 
than 180 days after the date of the enactment of this Act, 
and shall prescribe such procedures as are necessary to 
ensure that the required information is entered into the 
database in a timely manner and continuously updated. 
(e) PUBLIC AVAILABILITY.—The database required 
under this section shall be made publicly available on the 
Internet and shall be structured so that users may search 
the data by word and sort the data by field. 
(f) FORM.—The database described in subsection (a) 
shall be in unclassified form and shall exclude any activity 
that is reportable under title V of the National Security 
Act of 1947. 
SEC. 8305. CLASSIFICATION OF REPORTS. 
(a) IN GENERAL.—Unless otherwise specifically pro-
vided by law, all information contained in any report re-
quired to be provided to Congress under this Act shall be 
in unclassified form and shall be made available to the 
public. 
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(b) EXCEPTION.—If the President determines that 
publication of a specific item of information in any such 
report would be detrimental to the security of the United 
States, such item of information may be provided to Con-
gress in a supplemental report in classified form along 
with an explanation of why publication of such specific 
item would be detrimental to the security of the United 
States. 
Subtitle D—Congressional 
Notification Procedures 
SEC. 8401. NOTIFICATION OF PROGRAM CHANGES. 
(a) NOTIFICATION OF PROGRAM CHANGES.—Unless 
the appropriate congressional committees are notified at 
least 15 days in advance, funds appropriated for a fiscal 
year to carry out this Act may not be obligated for any 
assistance or contributions under this Act— 
(1) for a Country Development Cooperation 
Strategy, or any significant revision thereof, which 
has not been transmitted to the appropriate congres-
sional committees in accordance with section 1018; 
(2) for a country, international organization, re-
gional program, or centrally funded program for 
which assistance was not included in a Country De-
velopment Cooperation Strategy, or was not justified 
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in congressional budget justification documents for 
that fiscal year; 
(3) more than 10 percent in excess of the 
amount allocated pursuant to section 8303 for that 
country, international organization, regional pro-
gram, or centrally funded program for that fiscal 
year; 
(4) for a strategy or objective not justified to 
Congress for that country, international organiza-
tion, regional program, or centrally funded program; 
(5) for a nonproject assistance activity; or 
(6) in the case of assistance administered 
through the Department of Defense under this Act, 
for the provision of major defense equipment (other 
than conventional ammunition) or aircraft, ships, 
missiles, or combat vehicles not previously justified 
to Congress, or more than ten percent in excess of 
the quantities justified to Congress. 
(b) 
APPROPRIATIONS
SUBJECT
TO
REQUIRE-
MENTS.—Subsection (a) applies with respect to all funds 
appropriated for assistance and contributions under this 
Act other than— 
(1) subtitles A and B of title VII (relating to 
the Overseas Private Investment Corporation and 
the Trade and Development Agency, respectively); 
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(2) section 1131 (relating to the development 
credit authority); 
(3) section 2025 (relating to transition initia-
tives); 
(4) section 2022 (relating to complex crisis, sta-
bilization, and prevention fund); and 
(5) humanitarian assistance. 
(c) WAIVER.—The requirements of subsection (a) 
may be waived if the President— 
(1) determines that doing so is necessitated by 
emergency circumstances; 
(2) notifies the appropriate congressional com-
mittees as early as practicable, but in no event later 
than three days after taking the action to which 
such notification requirement was applicable; and 
(3) includes in such notification an explanation 
of the circumstances necessitating the use of the au-
thority of this subsection. 
SEC. 8402. CONGRESSIONAL NOTIFICATION PARITY. 
The President shall ensure that the Committee on 
Foreign Affairs of the House of Representatives and the 
Committee on Foreign Relations of the Senate are notified 
to the same degree and with the same conditions as the 
Committees on Appropriations are notified by the execu-
tive branch regarding any matter relating to foreign as-
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644 
sistance. The requirements of this section are in addition 
to, and not in lieu of, other congressional notification re-
quirements. 
SEC. 8403. PRESIDENTIAL FINDINGS AND DETERMINA-
TIONS. 
(a) WRITTEN DETERMINATIONS.—In any case in 
which the President is required to make a report to the 
Congress, or to any committee or officer of either House 
of Congress, concerning any finding or determination 
under any provision of this Act or related appropriations 
Act, such finding or determination shall be reduced to 
writing and signed by the President. 
(b) EFFECTIVE DATE.—No action shall be taken 
pursuant to any such finding or determination prior to 
the date on which that finding or determination has been 
reduced to writing and signed by the President. 
(c) PUBLICATION.—Each such finding or determina-
tion shall be published on the Internet and in the Federal 
Register as soon as practicable after it has been reduced 
to writing and signed by the President. In any case in 
which the President concludes that such publication would 
be harmful to the national security of the United States, 
only a statement that a determination or finding has been 
made by the President, including the name and section 
of the Act under which it was made, shall be published. 
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TITLE 
IX—POLICY 
RESTRIC-
TIONS 
AND 
SPECIAL 
AU-
THORITIES 
Subtitle A—Policy Restrictions 
SEC. 9001. DEFINITIONS. 
In this title: 
(1) FOREIGN TERRORIST ORGANIZATION.—The 
term ‘‘foreign terrorist organization’’ means an or-
ganization designated as a foreign terrorist organiza-
tion by the Secretary of State in accordance with 
section 219(a) of the Immigration and Nationality 
Act (8 U.S.C. 1189(a)). 
(2) GOVERNMENT.— 
(A) IN
GENERAL.—The term ‘‘govern-
ment’’, when used with respect to a foreign 
country— 
(i) means the national government of 
the foreign country; and 
(ii) includes— 
(I) the government of any polit-
ical subdivision of the foreign country; 
and 
(II) any agency or instrumen-
tality of the national government or 
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government of any political subdivi-
sion of the foreign country. 
(B) AGENCY
OR
INSTRUMENTALITY
DE-
FINED.—For purposes of subparagraph (A), the 
term ‘‘agency or instrumentality of the national 
government or government of any political sub-
division of the country’’ means an agency or in-
strumentality of a foreign state as defined in 
section 1603(b) of title 28, United States Code, 
with each reference in such section to ‘‘a for-
eign state’’ deemed to be a reference to ‘‘the 
foreign country’’. 
(3) PROVIDE.—The term ‘‘provide’’ includes— 
(A) the obligation and expenditure of 
funds; and 
(B) the sale, lease, grant, transfer, stock-
piling and delivery of foreign assistance. 
(4) STATE SPONSOR OF DRUG TRAFFICKING.— 
The term ‘‘state sponsor of drug trafficking’’ means 
a foreign government that is the subject of a deter-
mination under section 9302(a) which has not been 
waived or rescinded. 
(5) STATE SPONSOR OF TERRORISM.—The term 
‘‘state sponsor of terrorism’’ means a foreign gov-
ernment that is the subject of a determination under 
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section 9401(a) which has not been waived or re-
scinded. 
(6) INTERNATIONAL
TERRORISM.—The term 
‘‘international terrorism’’ has the meaning given the 
term in section 2331 of title 18, United States Code. 
CHAPTER 1—HUMAN RIGHTS 
SEC. 9101. PROHIBITION ON ASSISTANCE TO GOVERN-
MENTS THAT ENGAGE IN VIOLATIONS OF 
HUMAN RIGHTS. 
(a) IN GENERAL.—No foreign assistance may be pro-
vided, and no licenses may be issued under the Export 
Administration Act of 1979 (as continued in effect under 
the International Emergency Economic Powers Act) for 
the export of crime control and detection instruments and 
equipment, to a foreign government which the Secretary 
determines engages in a consistent pattern of gross viola-
tions of internationally recognized human rights, includ-
ing— 
(1) mass atrocities; 
(2) torture or cruel, inhuman, or degrading 
treatment or punishment; 
(3) prolonged detention without charges and 
trial; 
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(4) causing the disappearance of persons by the 
abduction and clandestine detention of those per-
sons; or 
(5) other flagrant denial of the right to life, lib-
erty, and the security of person. 
(b) EXPIRATION
OF DETERMINATIONS.—A deter-
mination of the Secretary under subsection (a) shall re-
main in effect until rescinded. 
(c) RESCISSION
OF DETERMINATIONS.—A deter-
mination of the Secretary under subsection (a) with re-
spect to a foreign government may not be rescinded unless 
the President submits to the appropriate congressional 
committees a report certifying that the government has 
substantially improved its human rights record and no 
longer engages in any of the actions described in sub-
section (a). 
(d) PUBLICATION.—A determination made under 
subsection (a) or a report submitted under subsection (c) 
shall be published in the Federal Register and made avail-
able on the Internet website of the Department of State. 
(e) LIST.—The Secretary shall include in the annual 
report required by section 8302 (relating to congressional 
budget justification) a list of foreign governments for 
which determinations under subsection (a) are currently 
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in effect and the date on which each such determination 
became effective. 
(f) CONSIDERATIONS.—In determining whether or 
not a foreign government meets the criteria described in 
subsection (a), the Secretary shall consider— 
(1) the extent of cooperation of the government 
in permitting an unimpeded investigation of alleged 
violations of internationally recognized human rights 
by appropriate international organizations, including 
the International Committee of the Red Cross, or 
groups or persons acting under the authority of such 
organizations; 
(2) specific actions which have been taken by 
the President or Congress because of the human 
rights practices or policies of the government; and 
(3) whether the government has engaged in or 
tolerated particularly severe violations of religious 
freedom (as such term is defined in section 3 of the 
International Religious Freedom Act of 1998). 
(g) WAIVER.—Assistance prohibited by subsection (a) 
may be provided, and licenses may be issued, to a foreign 
government described in that subsection if, at least 15 
days before providing such assistance, the President sub-
mits to the relevant congressional committees— 
(1) a certification that— 
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650 
(A) extraordinary circumstances exist war-
ranting the provision of such assistance or the 
issuance of such license; and 
(B) the interests of providing such assist-
ance or issuing such license outweigh the inter-
ests of protecting internationally recognized 
human rights; and 
(2) a report describing— 
(A) the types and amounts of assistance to 
be provided or licenses to be issued pursuant to 
the waiver; 
(B) the justification for such waiver; and 
(C) the time period for which such waiver 
will be effective. 
(h) DEFINITIONS.—In this section— 
(1) the term ‘‘genocide’’ means an offense as 
described in section 1091 of title 18, United States 
Code; and 
(2) the term ‘‘relevant congressional commit-
tees’’ means— 
(A) the appropriate congressional commit-
tees; and 
(B) in the case of licenses to be issued 
under the Export Administration Act of 1979 
(as continued in effect under the International 
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651 
Emergency Economic Powers Act) for the ex-
port of crime control and detection instruments 
and equipment, the Committee on Banking, 
Housing, and Urban Affairs of the Senate. 
SEC. 9102. PROHIBITION ON ASSISTANCE TO CERTAIN 
HUMAN RIGHTS VIOLATORS. 
(a) IN GENERAL.—No foreign assistance may be pro-
vided to— 
(1) any unit of the security forces of a foreign 
government, 
(2) any agency or instrumentality of a foreign 
government, or 
(3) a private partner, 
if the Secretary has credible information that such unit, 
agency or instrumentality, or private partner, as the case 
may be, has committed a gross violation of internationally 
recognized human rights. 
(b) EXCEPTION.—The prohibition in subsection (a) 
shall not apply if the Secretary determines and reports 
to the appropriate congressional committees that effective 
steps and corrective measures are being taken to bring the 
responsible members of such unit, agency or instrumen-
tality, or private partner, as the case may be, to justice. 
(c) DUTY TO INFORM.— 
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(1) IN GENERAL.—In the event that funds are 
withheld from any unit pursuant to this section, the 
Secretary shall promptly inform the foreign govern-
ment of the basis for such action and shall, to the 
maximum extent practicable, assist the government 
in taking effective measures to bring the responsible 
members of such unit to justice. 
(2) PUBLICATION.—The Secretary shall make 
publicly available on the Internet website of the De-
partment of State the identity of each unit for which 
there is credible information that such unit has com-
mitted a gross violation of internationally recognized 
human rights. 
(3) EXCEPTION.—The requirements of para-
graphs (1) and (2) shall not apply if the Secretary 
determines such application would compromise 
United States sources and methods or would jeop-
ardize the health, safety, or human rights of a wit-
ness or informant. 
(d) CREDIBLE INFORMATION.—The Secretary shall 
establish, and periodically update, procedures to— 
(1) maintain a current list of each foreign coun-
try with respect to which the United States provides 
training, equipment, or other types of assistance to 
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653 
any unit of the security forces of the government of 
such country; 
(2) facilitate receipt by the Department of 
State and United States embassies of information 
from individuals and organizations outside the 
United States Government about gross violations of 
internationally recognized human rights by any enti-
ty described in paragraph (1), (2), or (3) of sub-
section (a); 
(3) routinely request and obtain such informa-
tion from the Department of Defense, the Central 
Intelligence Agency, and other United States Gov-
ernment sources departments and agencies; 
(4) synchronize information obtained from all 
sources; 
(5) ensure that such information is evaluated 
and preserved; 
(6) ensure that when vetting an individual for 
eligibility to receive United States training the indi-
vidual’s unit is also vetted; and 
(7) seek to identify the unit involved when cred-
ible information of a gross violation of internation-
ally recognized human rights exists but the identity 
of the unit is lacking. 
(e) INVESTIGATIONS.— 
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(1) IN GENERAL.—The Secretary is authorized 
to use funds made available under title III or title 
IV for purposes of gathering, receiving, preserving, 
investigating, and evaluating evidence of gross viola-
tions of internationally recognized human rights by 
any entity described in paragraph (1), (2), or (3) of 
subsection (a). 
(2) 
SUPPLEMENT
NOT
SUPPLANT.—Funds 
made available under paragraph (1) are in addition 
to amounts otherwise made available for the pur-
poses described in paragraph (1). 
(f) DEFINITIONS.—In this section— 
(1) the term ‘‘agency or instrumentality of a 
foreign government’’ means an agency or instrumen-
tality of a foreign state as defined in section 1603(b) 
of title 28, United States Code; and 
(2) the term ‘‘unit’’ means the smallest unit op-
erating in the field. 
SEC. 9103. PROHIBITION ON ASSISTANCE TO GOVERN-
MENTS FOLLOWING COUPS D’E´ TAT. 
(a) IN GENERAL.—No foreign assistance may be pro-
vided to a foreign government whose duly elected leader 
the Secretary determines has been deposed by violence or 
threat of violence. 
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(b) EXCEPTIONS.—The prohibition in subsection (a) 
shall not apply with respect to a foreign government if 
the Secretary determines and reports to the appropriate 
congressional committees that— 
(1) the purpose and effect of the deposition was 
to restore democratic governance; or 
(2) subsequent to the deposition, a democrat-
ically elected government has taken office. 
(c) PUBLICATION.—A determination made under 
subsection (a) shall be published in the Federal Register 
and made available on the Internet website of the Depart-
ment of State. 
(d) WAIVER.—Assistance prohibited by subsection 
(a) may be provided to a foreign government described in 
that subsection if, at least 15 days before providing assist-
ance, the Secretary submits to the appropriate congres-
sional committees— 
(1) a certification that providing assistance is 
important to the national security interest of the 
United States; and 
(2) a report describing— 
(A) the types and amounts of assistance to 
be provided pursuant to the waiver; 
(B) the justification for the waiver; and 
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656 
(C) the time period for which the waiver 
will be effective. 
SEC. 9104. PROHIBITION ON ASSISTANCE TO GOVERN-
MENTS THAT PROHIBIT OR IMPEDE DELIV-
ERY OF HUMANITARIAN ASSISTANCE. 
(a) IN GENERAL.—No foreign assistance may be pro-
vided to a foreign government which the Secretary deter-
mines prohibits or impedes the delivery of humanitarian 
assistance. 
(b) PUBLICATION.—A determination made under 
subsection (a) shall be published in the Federal Register 
and made available on the Internet website of the Depart-
ment of State. 
(c) WAIVER.—Assistance prohibited by subsection (a) 
may be provided to a foreign government described in that 
subsection if, at least 15 days before providing assistance, 
the Secretary certifies and reports to the appropriate con-
gressional committees that to do so is in the national secu-
rity interest of the United States. 
SEC. 9105. PROHIBITION ON USE OF FUNDS TO SUPPORT 
OR JUSTIFY TORTURE. 
(a) IN GENERAL.—No funds made available to carry 
out this Act may be made available to support or justify 
the use of torture or cruel, inhuman, or degrading treat-
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657 
ment or punishment by any official or contract employee 
of the United States Government. 
(b) REPORTING OF ABUSES.—The Secretary shall 
submit to the appropriate congressional committees a re-
port of any credible information that an official or con-
tract employee of the United States Government has en-
gaged in a violation of subsection (a). 
SEC. 9106. PROHIBITION ON ASSISTANCE TO GOVERN-
MENTS ENGAGED IN INTIMIDATION AND HAR-
ASSMENT 
AGAINST 
INDIVIDUALS 
IN 
THE 
UNITED STATES. 
(a) IN GENERAL.—No foreign assistance may be pro-
vided to a foreign government which the Secretary deter-
mines is engaged in a consistent pattern of acts of intimi-
dation or harassment directed against individuals in the 
United States. 
(b) PUBLICATION.—A determination made under 
subsection (a) shall be published in the Federal Register 
and made available on the Internet website of the Depart-
ment of State. 
(c) DETERMINATIONS.—The Secretary shall report a 
determination under section (a) to the appropriate con-
gressional committees. 
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658 
CHAPTER 2—NON-PROLIFERATION 
SEC. 9201. PROHIBITION ON ASSISTANCE TO GOVERN-
MENTS THAT TRANSFER NUCLEAR ENRICH-
MENT EQUIPMENT, MATERIALS, OR TECH-
NOLOGY. 
(a) IN GENERAL.—No foreign assistance may be pro-
vided to a foreign government which the Secretary deter-
mines has delivered or received nuclear enrichment equip-
ment, materials, or technology to or from any other coun-
try on or after August 4, 1977. 
(b) EXCEPTION.—The prohibition in subsection (a) 
shall not apply with respect to a foreign government if— 
(1) the receiving country had not been des-
ignated as a state sponsor of terrorism before deliv-
ery of such equipment, materials, or technology; 
(2) the supplying and receiving countries have 
reached agreement to place all such equipment, ma-
terials, or technology, upon delivery, under multilat-
eral auspices and management when available; 
(3) the transfers of all such equipment, mate-
rials, or technology occur in compliance with the 
Guidelines of the Nuclear Suppliers Group; and 
(4) the receiving country has entered into an 
agreement with the International Atomic Energy 
Agency (IAEA) to place all such equipment, mate-
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659 
rials, technology, and all nuclear fuel and facilities 
in the country under the safeguards system of the 
IAEA, and is complying with such agreement. 
(c) EXPIRATION
OF DETERMINATIONS.—A deter-
mination of the Secretary under subsection (a) shall re-
main in effect until rescinded. 
(d) RESCISSION
OF DETERMINATIONS.—A deter-
mination of the Secretary under subsection (a) with re-
spect to a foreign government may not be rescinded unless 
the President submits to the appropriate congressional 
committees a report certifying that— 
(1) there has been a fundamental change in the 
leadership and policies of the government; or 
(2) the government has entered into an agree-
ment with the IAEA to place all such equipment, 
materials, technology, and all nuclear fuel and facili-
ties in such country under the safeguards system of 
the IAEA, and is complying with such agreement. 
(e) PUBLICATION.—A determination made under 
subsection (a) or a report submitted under subsection (d) 
shall be published in the Federal Register and made avail-
able on the Internet website of the Department of State. 
(f) LIST.—The Secretary shall include in the annual 
report required by section 8302 (relating to congressional 
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660 
budget justification) a list of governments for which deter-
minations under subsection (a) are currently in effect. 
(g) WAIVER.—Assistance prohibited by subsection (a) 
may be provided to a foreign government described in that 
subsection if, at least 15 days before providing such assist-
ance, the President certifies and reports to the appropriate 
congressional committees that— 
(1) the termination of such assistance would 
have a serious adverse effect on vital United States 
interests; and 
(2) the President has received reliable assur-
ances that the government— 
(A) if a government of a non-nuclear weap-
on state— 
(i) will not acquire or develop nuclear 
weapons or assist other countries in doing 
so; and 
(ii) will ensure that all past and fu-
ture transfers of such equipment, mate-
rials, or technology shall be placed under 
an appropriate safeguards system by the 
IAEA; and 
(B) has taken or will take effective meas-
ures to ensure any future transfers of such 
equipment, materials, or technology are made in 
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661 
accordance with the Guidelines of the Nuclear 
Suppliers Group. 
(h) RESOLUTION OF DISAPPROVAL.— 
(1) IN
GENERAL.—A rescission under sub-
section (d) or waiver under subsection (g) of a deter-
mination under subsection (a) shall cease to be ef-
fective if Congress enacts a joint resolution dis-
approving the proposed rescission or waiver. 
(2) JOINT RESOLUTION DESCRIBED.—For the 
purposes of paragraph (1), the term ‘‘joint resolu-
tion’’ means only a joint resolution introduced not 
later than 30 days after the date of receipt of a re-
port under subsection (d) or (g), as the case may be, 
the matter after the resolving clause of which is as 
follows: ‘‘That the proposed lllll submitted 
to Congress on lllll under section 9201 of 
the Global Partnerships Act of 2013 is hereby pro-
hibited.’’, with the first blank space being filled with 
‘‘rescission’’ or ‘‘waiver’’, as appropriate, and the 
second blank space being filled with the appropriate 
date. 
(3) CONGRESSIONAL
PROCEDURES.—A joint 
resolution described in paragraph (2) and introduced 
within the appropriate 30-day period shall be consid-
ered in the Senate and the House of Representatives 
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662 
in accordance with paragraphs (3) through (7) of 
section 8066(c) of the Department of Defense Ap-
propriations Act, 1985 (as contained in Public Law 
98–473), except that references in such paragraphs 
to the Committees on Appropriations of the House 
of Representatives and the Senate shall be deemed 
to be references to the Committee on Foreign Af-
fairs of the House of Representatives and the Com-
mittee on Foreign Relations of the Senate, respec-
tively. 
SEC. 9202. PROHIBITION ON ASSISTANCE TO GOVERN-
MENTS THAT TRANSFER NUCLEAR REPROC-
ESSING EQUIPMENT, MATERIALS, OR TECH-
NOLOGY OR NUCLEAR EXPLOSIVE DEVICES. 
(a) PROHIBITION.— 
(1) IN GENERAL.—No foreign assistance may 
be provided, and no loans or credit by a United 
States bank or financial institution extended, no 
goods subject to licensing by the United States for 
national security or foreign policy reasons exported, 
and no support by the United States given for any 
loan or financial or technical assistance by an inter-
national financial institution, to a government which 
the President determines— 
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663 
(A) transfers to a non-nuclear-weapon 
state a nuclear explosive device, or any design 
information or component which is determined 
by the President to be important to, and known 
by the transferring government to be intended 
by the recipient state for use in, the develop-
ment or manufacture of any nuclear explosive 
device; 
(B) is a non-nuclear-weapon state and— 
(i) receives a nuclear explosive device; 
(ii) detonates a nuclear explosive de-
vice; 
(iii) seeks and receives any design in-
formation or component which is deter-
mined by the President to be important to, 
and intended by the recipient state for use 
in, the development or manufacture of any 
nuclear explosive device; or 
(iv) on or after August 8, 1985, ex-
ports illegally (or attempts to export ille-
gally) from the United States any material, 
equipment, or technology which would con-
tribute significantly to the ability of such 
country to manufacture a nuclear explosive 
device, if the President determines that the 
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664 
material, equipment, or technology was to 
be used by such country in the manufac-
ture of a nuclear explosive device, or 
(C) delivers nuclear reprocessing equip-
ment, materials, or technology to any other 
country or receives such equipment, materials, 
or technology from any other country, on or 
after August 4, 1977. 
(2) RULE OF CONSTRUCTION.—For purposes of 
paragraph (1)(B)(4), an export (or attempted ex-
port) by a person who is an agent of, or is otherwise 
acting on behalf of or in the interests of, a country 
shall be considered to be an export (or attempted ex-
port) by that country. 
(b) EXCEPTION.—The prohibitions under subsection 
(a) shall not apply— 
(1) to any transaction subject to the reporting 
requirements of title V of the National Security Act 
of 1947 (relating to congressional oversight of intel-
ligence activities); 
(2) to medicines, medical equipment, and hu-
manitarian assistance; or 
(3) to any credit, credit guarantee, or financial 
assistance provided by the Department of Agri-
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665 
culture to support the purchase of food or other ag-
ricultural commodity. 
(c) WAIVER.— 
(1) IN
GENERAL.—Assistance prohibited by 
subsection (a) may be provided to a government de-
scribed in that subsection if the President deter-
mines and certifies to the appropriate congressional 
committees that the termination of such assistance 
would be seriously prejudicial to the achievement of 
United States nonproliferation objectives or other-
wise jeopardize the common defense and security. 
(2) SPECIAL
AUTHORITY.—Assistance prohib-
ited by subsection (a)(1)(B)(ii) may be provided to 
a foreign government described in that subsection if 
the President determines and certifies to the appro-
priate congressional committees that the government 
has taken a significant compensatory nonprolifera-
tion action, such as the declaration of an unlimited 
moratorium on further nuclear detonations, the sig-
nature and entry-into-force of a legally binding 
international instrument prohibiting the production 
of additional fissile nuclear material, or similar ac-
tion. 
(3) EFFECTIVE
DATE.—A certification under 
paragraph (1) or (2) shall not take effect until 30 
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666 
days of continuous session of Congress have elapsed 
after its submission. For purposes of this paragraph, 
continuity of session of Congress is broken only by 
an adjournment of Congress sine die and the days 
on which either House is not in session because of 
an adjournment of more than 3 days to a day cer-
tain are excluded in the computation of any period 
of time in which Congress is in continuous session. 
(4) NON-DELEGATION
OR
TRANSFER.—The 
President may not delegate or transfer the Presi-
dent’s power, authority, or discretion to make or 
modify determinations under this subsection. 
(d) RESOLUTION OF DISAPPROVAL.— 
(1) IN GENERAL.—A waiver under subsection 
(c) of a determination under subsection (a) shall 
cease to be effective if Congress enacts a joint reso-
lution disapproving the proposed waiver. 
(2) JOINT RESOLUTION DESCRIBED.—For the 
purposes of paragraph (1), the term ‘‘joint resolu-
tion’’ means only a joint resolution introduced not 
later than 30 days of continuous session of Congress 
(as described in subsection (c)(3)) after receipt of a 
certification under subsection (c), the matter after 
the resolving clause of which is as follows: ‘‘That the 
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667 
proposed waiver under section 9202(c) of the Global 
Partnerships Act of 2013 is hereby prohibited.’’. 
(3) CONGRESSIONAL
PROCEDURES.—A joint 
resolution described in paragraph (2) and introduced 
within the appropriate period shall be considered in 
the Senate and the House of Representatives in ac-
cordance with paragraphs (3) through (7) of section 
8066(c) of the Department of Defense Appropria-
tions Act, 1985 (as contained in Public Law 98– 
473), except that references in such paragraphs to 
the Committees on Appropriations of the House of 
Representatives and the Senate shall be deemed to 
be references to the Committee on Foreign Affairs 
of the House of Representatives and the Committee 
on Foreign Relations of the Senate, respectively. 
(e) DEFINITIONS.—In this section— 
(1) the term ‘‘non-nuclear-weapon state’’ has 
the meaning given the term in section 830(5) of the 
Nuclear Proliferation Prevention Act of 1994 (22 
U.S.C. 6305(5)); and 
(2) the term ‘‘nuclear explosive device’’ has the 
meaning given that term in section 830(4) of the 
Nuclear Proliferation Prevention Act of 1994 (22 
U.S.C. 6305(4)). 
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668 
SEC. 9203. SECURITY ASSISTANCE TO PAKISTAN. 
(a) IN GENERAL.—Security assistance may be pro-
vided to Pakistan after the Secretary makes a certification 
in accordance with subsection (b). 
(b) CERTIFICATION.—Not less than 15 days before 
providing security assistance for Pakistan in a fiscal year, 
the Secretary shall transmit a certification to the appro-
priate congressional committees that— 
(1) the Government of Pakistan is continuing 
to safeguard its nuclear weapons-related facilities, 
material, and technology from theft and terrorist at-
tack; and 
(2) the Government of Pakistan during the pre-
ceding fiscal year has demonstrated a sustained 
commitment to and is making significant efforts to-
wards combating terrorist groups, taking into ac-
count the extent to which the Government of Paki-
stan has made progress on matters such as— 
(A) ceasing support, including by any ele-
ments within the Pakistan military or its intel-
ligence agency, to extremist and terrorist 
groups, particularly to any group that has con-
ducted attacks against United States or coali-
tion forces in Afghanistan, or against the terri-
tory or people of neighboring countries; 
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669 
(B) preventing al Qaeda, the Taliban and 
associated terrorist groups, such as Lashkar-e- 
Taiba, the Haqqani Network and Jaish-e-Mo-
hammed, from operating in the territory of 
Pakistan, including by stopping cross-border at-
tacks into neighboring countries, closing ter-
rorist camps in the Federally Administered 
Tribal Areas, dismantling terrorist bases of op-
erations in other parts of the country, including 
Quetta and Muridke, and taking action when 
provided with intelligence about high-level ter-
rorist targets; and 
(C) strengthening counterterrorism and 
anti-money laundering laws. 
(c) WAIVER.— 
(1) IN
GENERAL.—The Secretary may waive 
the requirement contained in subsection (a) for a fis-
cal year if the Secretary determines that is impor-
tant to the national security interests of the United 
States to do so. 
(2) PRIOR NOTICE OF WAIVER.—The authority 
of paragraph (1) may not be exercised until 7 days 
after the Secretary provides to the appropriate con-
gressional committees a written notice of the intent 
to issue a waiver and the reasons therefor. The no-
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670 
tice may be submitted in classified or unclassified 
form, as necessary. 
(d) EFFECTIVE DATE.—The provisions of this sec-
tion shall take effect on the date on which section 203 
of the Enhanced Partnership with Pakistan Act of 2009 
(Public Law 111–73) ceases to be effective. 
CHAPTER 3—NARCOTICS 
SEC. 9301. PROHIBITION ON ASSISTANCE TO DRUG TRAF-
FICKERS. 
(a) IN GENERAL.—The Secretary shall take all rea-
sonable steps to ensure that foreign assistance is not pro-
vided to or through any individual or entity that the Sec-
retary knows or has reason to believe— 
(1) has been convicted of a violation of, or a 
conspiracy to violate, any law or regulation of the 
United States or a foreign country relating to nar-
cotic or psychotropic drugs or other controlled sub-
stances; or 
(2) is or has been an illicit trafficker in any 
such controlled substance or is or has been a know-
ing assistor, abettor, conspirator, or colluder with 
others in the illicit trafficking in any such substance. 
(b) REGULATIONS.—The Secretary shall issue regula-
tions to carry out this section. 
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671 
(c) CONGRESSIONAL
NOTIFICATION.—Regulations 
issued pursuant to subsection (b) shall be submitted to 
the appropriate congressional committees before they take 
effect. 
(d) UNITED STATES DEFINED.—In this section, the 
term ‘‘United States’’ includes each State of the several 
States, the District of Columbia, the Commonwealth of 
Puerto Rico, American Samoa, Guam, the Commonwealth 
of the Northern Mariana Islands, the Virgin Islands of 
the United States, and any other territory or possession 
of the United States. 
SEC. 9302. PROHIBITION ON ASSISTANCE TO STATE SPON-
SORS OF DRUG TRAFFICKING. 
(a) IN GENERAL.—No foreign assistance may be pro-
vided to a foreign government which the Secretary deter-
mines has expressly consented to, or with knowledge, al-
lowed, tolerated, or disregarded the recurring use of any 
part of the land, waters, or airspace of the country for 
the transit, production, or financing of illicit narcotics. 
(b) EXPIRATION
OF DETERMINATIONS.—A deter-
mination of the Secretary under subsection (a) shall re-
main in effect until rescinded. 
(c) RESCISSION
OF DETERMINATIONS.—A deter-
mination of the Secretary under subsection (a) with re-
spect to a government may not be rescinded unless the 
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672 
President submits to the appropriate congressional com-
mittees a report certifying that such government no longer 
expressly consents to, or with knowledge, allows, tolerates, 
or disregards the recurring use of any part of the land, 
waters, or airspace of the country for the transit, produc-
tion, or financing of illicit narcotics. 
(d) PUBLICATION.—A determination made under 
subsection (a) and a report submitted under subsection 
(c) shall be published in the Federal Register and made 
available on the Internet website of the Department of 
State. 
(e) LIST.—The Secretary shall include in the annual 
report required by section 8302 (relating to congressional 
budget justification) a list of governments for which deter-
minations under subsection (a) are currently in effect and 
the date on which each determination became effective. 
(f) WAIVER.—Assistance prohibited by subsection (a) 
may be provided to a government described in that sub-
section if, at least 15 days before providing assistance, the 
President submits to the appropriate congressional com-
mittees— 
(1) a certification that national security inter-
ests or humanitarian reasons justify such a waiver; 
and 
(2) a report describing— 
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673 
(A) the type and amount of assistance to 
be provided pursuant to the waiver; 
(B) the justification for such waiver; and 
(C) the time period for which such waiver 
will be effective. 
SEC. 9303. PROHIBITION ON REIMBURSEMENTS FOR DRUG 
CROP ERADICATIONS. 
No foreign assistance may be made available to reim-
burse persons in foreign countries for the eradication of 
their illicit drug crops. 
CHAPTER 4—TERRORISM 
Subchapter A—General Provisions 
SEC. 9401. PROHIBITION ON ASSISTANCE TO STATE SPON-
SORS OF TERRORISM. 
(a) IN GENERAL.—No foreign assistance may be pro-
vided to a foreign government which the Secretary deter-
mines— 
(1) has repeatedly provided support for acts of 
international terrorism; or 
(2) is controlled by an organization designated 
as a terrorist organization under section 219 of the 
Immigration and Nationality Act. 
(b) EXPIRATION
OF DETERMINATIONS.—A deter-
mination of the Secretary under subsection (a) shall re-
main in effect until rescinded. 
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674 
(c) RESCISSION
OF DETERMINATIONS.—A deter-
mination of the Secretary under subsection (a) with re-
spect to a government may not be rescinded unless the 
President submits to the appropriate congressional com-
mittees— 
(1) before the proposed rescission would take 
effect, a report certifying that— 
(A) there has been a fundamental change 
in the leadership and policies of the govern-
ment; 
(B) the government is not supporting acts 
of international terrorism; and 
(C) the government has provided assur-
ances that it will not support acts of inter-
national terrorism in the future; or 
(2) at least 45 days before the proposed rescis-
sion would take effect, a report justifying the rescis-
sion and certifying that— 
(A) the government has not provided any 
support for international terrorism during the 
preceding 6-month period; and 
(B) the government has provided assur-
ances that it will not support acts of inter-
national terrorism in the future. 
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675 
(d) PUBLICATION.—A determination made under 
subsection (a) or a report submitted under subsection (c) 
shall be published in the Federal Register and made avail-
able on the Internet website of the Department of State. 
(e) LIST.—The Secretary shall include in the annual 
report required by section 8302 (relating to congressional 
budget justification) a list of governments for which deter-
minations under subsection (a) are currently in effect. 
(f) WAIVER.—Assistance prohibited by subsection (a) 
may be provided to a foreign government described in that 
subsection if, at least 15 days before providing assistance, 
the President submits to the appropriate congressional 
committees— 
(1) a certification that national security inter-
ests or humanitarian reasons justify a such a waiver; 
and 
(2) a report describing— 
(A) the type and amount of assistance to 
be provided pursuant to the waiver; 
(B) the justification for such waiver; and 
(C) the time period for which such waiver 
will be effective. 
(g) RESOLUTION OF DISAPPROVAL.— 
(1) IN
GENERAL.—A rescission under sub-
section (c)(2) or a waiver under subsection (f) of a 
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determination under subsection (a) shall cease to be 
effective if Congress enacts a joint resolution dis-
approving the proposed rescission or waiver. 
(2) JOINT RESOLUTION DESCRIBED.—For the 
purposes of paragraph (1), the term ‘‘joint resolu-
tion’’ means only a joint resolution introduced not 
later than 45 days after the date of receipt of a re-
port under subsection (c)(2) or not later than 15 
days after receipt of a certification under subsection 
(f), as the case may be, the matter after the resolv-
ing clause of which is as follows: ‘‘That the proposed 
lllll submitted to Congress on lllll 
under section 9401 of the Global Partnerships Act 
of 2013 is hereby prohibited.’’, with the first blank 
space being filled with ‘‘rescission’’ or ‘‘waiver’’, as 
appropriate, and the second blank space being filled 
with the appropriate date. 
(3) CONGRESSIONAL
PROCEDURES.—A joint 
resolution described in paragraph (2) and introduced 
within the appropriate period shall be considered in 
the Senate and the House of Representatives in ac-
cordance with paragraphs (3) through (7) of section 
8066(c) of the Department of Defense Appropria-
tions Act, 1985 (as contained in Public Law 98– 
473), except that references in such paragraphs to 
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the Committees on Appropriations of the House of 
Representatives and the Senate shall be deemed to 
be references to the Committee on Foreign Affairs 
of the House of Representatives and the Committee 
on Foreign Relations of the Senate, respectively. 
(h) DEFINITION.—In this section, the term ‘‘support 
for acts of international terrorism’’ includes— 
(1) expressly consenting to, or with knowledge, 
allowing, tolerating, or disregarding the recurring 
use of any part of the land, waters, or airspace of 
the country by a terrorist or terrorist organization— 
(A) to carry out terrorist activities, includ-
ing training, financing, and recruitment; or 
(B) as a transit point; 
(2) granting sanctuary from prosecution to any 
individual or group which has committed an act of 
international terrorism; or 
(3) willfully aiding or abetting— 
(A) the international proliferation of nu-
clear explosive devices to individuals or groups; 
(B) the acquisition by individuals or 
groups of unsafeguarded special nuclear mate-
rial; and 
(C) the efforts of an individual or group to 
use, develop, produce, stockpile, or otherwise 
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acquire chemical, biological, or radiological 
weapons. 
SEC. 9402. PROHIBITION ON ASSISTANCE TO FOREIGN GOV-
ERNMENTS SUPPORTING STATE SPONSORS 
OF TERRORISM. 
(a) IN GENERAL.—No foreign assistance may be pro-
vided to a foreign government which the Secretary deter-
mines provides assistance (other than humanitarian as-
sistance) to, or transfers lethal military equipment to, a 
state sponsor of terrorism. 
(b) APPLICABILITY.—The prohibition in subsection 
(a) shall apply only to assistance provided or transfers 
made after the date on which a government was des-
ignated as a state sponsor of terrorism. 
(c) EXPIRATION
OF DETERMINATIONS.—A deter-
mination of the Secretary under subsection (a) shall re-
main in effect until rescinded. 
(d) RESCISSION
OF DETERMINATIONS.—A deter-
mination of the Secretary under subsection (a) with re-
spect to a government may not be rescinded unless the 
President submits to the appropriate congressional com-
mittees a report certifying that— 
(1) the government has not provided assistance 
or transferred lethal military equipment to a state 
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sponsor of terrorism during the preceding 12-month 
period; 
(2) there has been a fundamental change in the 
leadership and policies of the government; and 
(3) the government has provided assurances 
that it will not provide assistance or transfer lethal 
military equipment to a state sponsor of terrorism in 
the future. 
(e) PUBLICATION.—A determination made under 
subsection (a) and a report submitted under subsection 
(d) shall be published in the Federal Register and made 
available on the Internet website of the Department of 
State. 
(f) LIST.—The Secretary shall include in the annual 
report required by section 8302 (relating to congressional 
budget justification) a list of governments for which deter-
minations under subsection (a) are currently in effect. 
(g) WAIVER.—Assistance prohibited by subsection (a) 
may be provided to a government described in that sub-
section if, at least 15 days before providing assistance, the 
President submits to the appropriate congressional com-
mittees— 
(1) a certification that providing foreign assist-
ance to the government is important to the national 
interests of the United States; and 
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(2) a report describing— 
(A) the type and amount of assistance to 
be provided pursuant to the waiver; 
(B) the justification for such waiver; and 
(C) the time period for which such waiver 
will be effective. 
SEC. 9403. PROHIBITION ON TRANSACTIONS WITH STATE 
SPONSORS OF TERRORISM. 
(a) PROHIBITED TRANSACTIONS
BY
THE UNITED 
STATES GOVERNMENT.—The following transactions by 
the United States Government are prohibited: 
(1) Exporting or otherwise providing (by sale, 
lease or loan, grant, or other means), directly or in-
directly, any munitions item to a country described 
in subsection (d) under the authority of this Act or 
any other law (except as provided in subsection (g)). 
In implementing this paragraph, the President— 
(A) shall suspend delivery to such country 
of any such item pursuant to any such trans-
action which has not been completed at the 
time the Secretary makes the determination de-
scribed in section 9401(a) with respect to the 
government of the country; and 
(B) shall terminate any lease or loan to 
such country of any such item which is in effect 
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at the time the Secretary makes that deter-
mination. 
(2) Providing credits, guarantees, or other fi-
nancial assistance under the authority of this Act or 
any other law (except as provided in subsection (g)), 
with respect to the acquisition of any munitions item 
by a country described in subsection (d). In imple-
menting this paragraph, the President shall suspend 
expenditures pursuant to any such assistance obli-
gated before the Secretary makes the determination 
described in section 9401(a) with respect to the gov-
ernment of the country. The President may author-
ize expenditures otherwise required to be suspended 
pursuant to the preceding sentence if the President 
has determined, and reported to Congress, that sus-
pension of those expenditures causes undue financial 
hardship to a supplier, shipper, or similar person 
and allowing the expenditure will not result in any 
munitions item being made available for use by such 
country. 
(3) Consenting under this Act, or under any 
other law (except as provided in subsection (g)), to 
any transfer of any munitions item to a country de-
scribed in subsection (d). In implementing this para-
graph, the President shall withdraw any such con-
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682 
sent, which is in effect at the time the Secretary 
makes the determination described in section 
9401(a) with respect to the government of the coun-
try, except that this sentence does not apply with re-
spect to any item that has already been transferred 
to such country. 
(4) Providing any license or other approval 
under this Act for any export or other transfer (in-
cluding by means of a technical assistance agree-
ment, manufacturing licensing agreement, or co-
production agreement) of any munitions item to a 
country described in subsection (d). In implementing 
this paragraph, the President shall suspend any 
such license or other approval which is in effect at 
the time the Secretary makes the determination de-
scribed in section 9401(a) with respect to the gov-
ernment of the country, except that this sentence 
does not apply with respect to any item that has al-
ready been exported or otherwise transferred to such 
country. 
(5) Otherwise facilitating the acquisition of any 
munitions item by a state sponsor of terrorism. This 
paragraph applies with respect to activities under-
taken— 
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683 
(A) by any department, agency, or other 
instrumentality of the United States Govern-
ment; 
(B) by any officer or employee of the 
United States Government (including members 
of the United States Armed Forces); or 
(C) by any other person at the request or 
on behalf of the United States Government. 
The President may waive the requirements of the 
second sentence of paragraph (1), the second sen-
tence of paragraph (3), and the second sentence of 
paragraph (4) to the extent that the President deter-
mines, after consultation with Congress, that un-
usual and compelling circumstances require that the 
President not take the actions specified in that sen-
tence. 
(b) PROHIBITED TRANSACTIONS BY UNITED STATES 
PERSONS.— 
(1) IN GENERAL.—A United States person may 
not take any of the following actions: 
(A) Exporting any munitions item to any 
country described in subsection (d). 
(B) Selling, leasing, loaning, granting, or 
otherwise providing any munitions item to any 
country described in subsection (d). 
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684 
(C) Selling, leasing, loaning, granting, or 
otherwise providing any munitions item to any 
recipient which is not the government of or a 
person in a country described in subsection (d) 
if the United States person has reason to know 
that the munitions item will be made available 
to any country described in subsection (d). 
(D) Taking any other action which would 
facilitate the acquisition, directly or indirectly, 
of any munitions item by a state sponsor of ter-
rorism, or any person acting on behalf of that 
government, if the United States person has 
reason to know that action will facilitate the ac-
quisition of that item by such a government or 
person. 
(2) LIABILITY FOR ACTIONS OF FOREIGN SUB-
SIDIARIES, ETC.—A United States person violates 
this subsection if a corporation or other person that 
is controlled in fact by that United States person (as 
determined under regulations, which the President 
shall issue), takes an action described in paragraph 
(1) outside the United States. 
(3) APPLICABILITY TO ACTIONS OUTSIDE THE 
UNITED
STATES.—Paragraph (1) applies with re-
spect to actions described in that paragraph which 
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are taken either within or outside the United States 
by a United States person described in subsection 
(k)(2)(A) or (B). To the extent provided in regula-
tions issued under subsection (k)(2)(D), paragraph 
(1) applies with respect to actions described in that 
paragraph which are taken outside the United 
States by a person designated as a United States 
person in those regulations. 
(c) TRANSFERS TO GOVERNMENTS AND PERSONS 
COVERED.—This section applies with respect to— 
(1) the acquisition of munitions items by a 
state sponsor of terrorism; and 
(2) the acquisition of munitions items by any 
individual, group, or other person within a country 
described in subsection (d), except to the extent that 
subparagraph (D) of subsection (b)(1) provides oth-
erwise. 
(d) COUNTRIES COVERED
BY PROHIBITION.—The 
prohibitions contained in this section apply with respect 
to any country that is the subject of a determination under 
section 9401(a), which has not been waived or rescinded. 
(e) PUBLICATION OF DETERMINATIONS.—Each de-
termination of the Secretary under subsection (d) shall be 
published in the Federal Register and made available on 
the Internet website of the Department of State. 
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686 
(f) WAIVER.— 
(1) IN
GENERAL.—The President may waive 
the prohibitions contained in this section with re-
spect to a specific transaction if— 
(A) the President determines that the 
transaction is essential to the national security 
interests of the United States; and 
(B) not less than 15 days prior to the pro-
posed transaction, the President— 
(i) consults with the Committee on 
Foreign Affairs of the House of Represent-
atives and the Committee on Foreign Rela-
tions of the Senate; and 
(ii) submits to the appropriate con-
gressional 
committees 
a 
report 
con-
taining— 
(I) the name of any country in-
volved in the proposed transaction, 
the identity of any recipient of the 
items to be provided pursuant to the 
proposed transaction, and the antici-
pated use of those items; 
(II) a description of the muni-
tions items involved in the proposed 
transaction (including their market 
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value) and the actual sale price at 
each step in the transaction (or if the 
items are transferred by other than 
sale, the manner in which they will be 
provided); 
(III) the reasons why the pro-
posed transaction is essential to the 
national security interests of the 
United States and the justification for 
such proposed transaction; 
(IV) the date on which the pro-
posed transaction is expected to occur; 
and 
(V) the name of each United 
States Government department, agen-
cy, or other entity involved in the pro-
posed transaction, every foreign gov-
ernment involved in the proposed 
transaction, and every private party 
with significant participation in the 
proposed transaction. 
(2) FORM.—To the extent possible, the infor-
mation specified in paragraph (1)(B)(ii) shall be 
provided in unclassified form, with any classified in-
formation provided in an addendum to the report. 
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(g) EXEMPTION FOR TRANSACTIONS SUBJECT TO 
NATIONAL
SECURITY
ACT
REPORTING
REQUIRE-
MENTS.—The prohibitions contained in this section do not 
apply with respect to any transaction subject to reporting 
requirements under title V of the National Security Act 
of 1947 (50 U.S.C. 413 et seq.; relating to congressional 
oversight of intelligence activities). 
(h) RELATION TO OTHER LAWS.— 
(1) IN GENERAL.—With regard to munitions 
items controlled pursuant to this Act, the provisions 
of this section shall apply notwithstanding any other 
provisions of law, other than section 9603. 
(2) WAIVER AUTHORITY.—If the authority of 
section 9603(a) is used to permit a transaction 
under this Act which is otherwise prohibited by this 
section, the written policy justification required by 
that section shall include the information specified in 
subsection (f)(2)(B) of this section. 
(i) CRIMINAL PENALTY.—Any person who willfully 
violates this section shall be fined for each violation not 
more than $1,000,000, imprisoned not more than 10 
years, or both. 
(j) CIVIL PENALTIES; ENFORCEMENT.—In the en-
forcement of this section, the President is authorized to 
exercise the same powers concerning violations and en-
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689 
forcement which are conferred upon departments, agen-
cies, and officials by sections 11(c), 11(e), 11(g), and 
12(a) of the Export Administration Act of 1979 (as con-
tinued in effect under the International Emergency Eco-
nomic Powers Act) (subject to the same terms and condi-
tions as are applicable to such powers under that Act), 
except that section 11(c)(2)(B) of such Act shall not 
apply, and instead, as prescribed in regulations issued 
under this section, the Secretary of State may assess civil 
penalties for violations of this Act and regulations pre-
scribed thereunder and further may commence a civil ac-
tion to recover such civil penalties, and except further 
that, notwithstanding section 11(c) of that Act, the civil 
penalty for each violation of this section may not exceed 
$500,000. 
(k) DEFINITIONS.—As used in this section— 
(1) the term ‘‘munitions item’’ means any item 
enumerated on the United States Munitions list 
(without regard to whether the item is imported into 
or exported from the United States); 
(2) the term ‘‘United States person’’ means— 
(A) any citizen or permanent resident alien 
of the United States; 
(B) any sole proprietorship, partnership, 
company, association, or corporation having its 
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principal place of business within the United 
States or organized under the laws of the 
United States, any State, the District of Co-
lumbia, the Commonwealth of Puerto Rico, the 
Commonwealth of the Northern Mariana Is-
lands, or any territory or possession of the 
United States; 
(C) any other person with respect to that 
person’s actions while in the United States; and 
(D) to the extent provided in regulations 
issued by the Secretary, any person that is not 
described in subparagraph (A), (B), or (C) 
but— 
(i) is a foreign subsidiary or affiliate 
of a United States person described in sub-
paragraph (B) and is controlled in fact by 
that United States person (as determined 
in accordance with those regulations), or 
(ii) is otherwise subject to the juris-
diction of the United States, 
with respect to that person’s actions while out-
side the United States; 
(3) the term ‘‘nuclear explosive device’’ has the 
meaning given that term in section 830(4) of the 
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Nuclear Proliferation Prevention Act of 1994 (22 
U.S.C. 6305(4)); and 
(4) the term ‘‘unsafeguarded special nuclear 
material’’ has the meaning given that term in sec-
tion 830(8) of the Nuclear Proliferation Prevention 
Act of 1994 (22 U.S.C. 6305 (8)). 
SEC. 9404. TRANSACTIONS WITH COUNTRIES NOT FULLY 
COOPERATING 
WITH 
UNITED 
STATES 
COUNTERTERRORISM EFFORTS. 
(a) PROHIBITED TRANSACTIONS.—No defense article 
or defense service may be sold or licensed for export under 
this Act in a fiscal year to a foreign country whose govern-
ment the Secretary determines and certifies to Congress, 
by May 15 of the calendar year in which that fiscal year 
begins, is not cooperating fully with United States 
counterterrorism efforts. 
(b) WAIVER.—The President may waive the prohibi-
tion in subsection (a) with respect to a specific transaction 
if the President determines and reports to the appropriate 
congressional committees that the transaction is impor-
tant to the national interests of the United States. 
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692 
SEC. 9405. WITHHOLDING OF UNITED STATES PROPOR-
TIONATE SHARE FOR CERTAIN PROGRAMS 
OF INTERNATIONAL ORGANIZATIONS. 
(a) IN GENERAL.—No contributions by the United 
States shall be made to any international organization for 
the United States proportionate share for programs in 
countries determined to be state sponsors of terrorism in 
accordance with section 9401(a). 
(b) PROPORTIONATE SHARE.—The Secretary shall— 
(1) review, at least annually, the budgets and 
accounts of all international organizations receiving 
funds under this Act; and 
(2) report to the appropriate congressional com-
mittees the amounts of funds expended by each such 
organization for the purposes described in subsection 
(a) and the amount contributed by the United 
States to each such organization. 
(c) EXCEPTIONS.—The limitation in subsection (a) 
shall not apply to contributions to the International Atom-
ic Energy Agency or the United Nations Children’s Fund 
(UNICEF). 
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Subchapter B—Middle East Provisions 
SEC. 9411. CONDITIONAL CONTRIBUTIONS TO CERTAIN 
INTERNATIONAL ORGANIZATIONS. 
(a) IN GENERAL.—No contributions by the United 
States shall be made to the United Nations Relief and 
Works Agency for Palestine Refugees in the Near East. 
(b) EXCEPTION.—The limitation in subsection (a) 
shall not apply if the Secretary determines and reports 
to the appropriate congressional committees that the 
United Nations Relief and Works Agency is taking all pos-
sible measures to assure that no part of the United States 
contribution shall be used to provide assistance to any ref-
ugee who is receiving military training as a member of 
any terrorist group or guerrilla-type organization or who 
has engaged in any act of terrorism. 
SEC. 9412. LIMITATION ON ASSISTANCE TO THE PALES-
TINIAN AUTHORITY. 
(a) LIMITATION.—Assistance may be provided under 
this Act to the Hamas-controlled Palestinian Authority 
only during a period for which a certification described 
in subsection (b) is in effect. 
(b) CERTIFICATION.—A certification described in 
subsection (a) is a certification transmitted by the Presi-
dent to Congress that contains a determination of the 
President that— 
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(1) no ministry, agency, or instrumentality of 
the Palestinian Authority is effectively controlled by 
Hamas, unless the Hamas-controlled Palestinian Au-
thority has— 
(A) publicly acknowledged the Jewish state 
of Israel’s right to exist; and 
(B) committed itself and is adhering to all 
previous agreements and understandings with 
the United States Government, with the Gov-
ernment of Israel, and with the international 
community, including agreements and under-
standings pursuant to the Performance-Based 
Roadmap to a Permanent Two-State Solution 
to the Israeli-Palestinian Conflict (commonly 
referred to as the ‘‘Roadmap’’); and 
(2) the Hamas-controlled Palestinian Authority 
has made demonstrable progress toward— 
(A) completing the process of purging from 
its security services individuals with ties to ter-
rorism; 
(B) dismantling all terrorist infrastructure 
within its jurisdiction, confiscating unauthor-
ized weapons, arresting and bringing terrorists 
to justice, destroying unauthorized arms fac-
tories, thwarting and preempting terrorist at-
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695 
tacks, and fully cooperating with Israel’s secu-
rity services; 
(C) halting all anti-American and anti- 
Israel incitement in Palestinian Authority-con-
trolled electronic and print media and in 
schools, mosques, and other institutions it con-
trols, and replacing educational materials, in-
cluding textbooks, with materials that promote 
peace, tolerance, and coexistence with Israel; 
(D) ensuring democracy, the rule of law, 
and an independent judiciary, and adopting 
other reforms such as ensuring transparent and 
accountable governance; and 
(E) ensuring the financial transparency 
and accountability of all government ministries 
and operations. 
(c) RECERTIFICATIONS.—Not later than 90 days 
after the date on which the President transmits to Con-
gress an initial certification under subsection (b), and 
every six months thereafter— 
(1) the President shall transmit to Congress a 
recertification that the conditions described in sub-
section (b) are continuing to be met; or 
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696 
(2) if the President is unable to make such a 
recertification, the President shall transmit to Con-
gress a report that contains the reasons therefor. 
(d) 
CONGRESSIONAL
NOTIFICATION.—Assistance 
made available under this Act to the Palestinian Authority 
may not be provided until 15 days after the date on which 
the President has provided notice thereof to the appro-
priate congressional committees in accordance with the 
procedures applicable to reprogramming notifications 
under section 8401. 
(e) NATIONAL SECURITY WAIVER.— 
(1) IN GENERAL.—Subject to paragraph (2), 
the President may waive subsection (a) with respect 
to— 
(A) the administrative and personal secu-
rity costs of the Office of the President of the 
Palestinian Authority; 
(B) the activities of the President of the 
Palestinian Authority to fulfill his or her duties 
as President, including to maintain control of 
the management and security of border cross-
ings, to foster the Middle East peace process, 
and to promote democracy and the rule of law; 
and 
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697 
(C) assistance for the judiciary branch of 
the Palestinian Authority and other entities. 
(2) CERTIFICATION.—The President may only 
exercise the waiver authority under paragraph (1) 
after— 
(A) consulting with, and submitting a writ-
ten policy justification to, the appropriate con-
gressional committees; and 
(B) certifying to the appropriate congres-
sional committees that— 
(i) it is in the national security inter-
est of the United States to provide assist-
ance otherwise prohibited under subsection 
(a); and 
(ii) the individual or entity for which 
assistance is proposed to be provided is not 
a member of, or effectively controlled by 
(as the case may be), Hamas or any other 
foreign terrorist organization. 
(3) REPORT.—Not later than 10 days after ex-
ercising the waiver authority under paragraph (1), 
the President shall submit to the appropriate con-
gressional committees a report describing how the 
funds provided pursuant to such waiver will be spent 
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and detailing the accounting procedures that are in 
place to ensure proper oversight and accountability. 
(4) TREATMENT OF CERTIFICATION AS NOTIFI-
CATION
OF
PROGRAM
CHANGE.—For purposes of 
this subsection, the certification required under 
paragraph (2)(B) shall be deemed to be a notifica-
tion under section 8401 and shall be considered in 
accordance with the procedures applicable to notifi-
cations submitted pursuant to that section. 
(f) DEFINITION.—In this section, the term ‘‘Pales-
tinian Authority’’ means the interim Palestinian adminis-
trative organization that governs part of the West Bank 
and all of the Gaza Strip (or any successor Palestinian 
governing entity), including the Palestinian Legislative 
Council. 
SEC. 9413. LIMITATION ON ASSISTANCE FOR THE WEST 
BANK AND GAZA. 
(a) LIMITATION.—Assistance may be provided under 
this Act to nongovernmental organizations for the West 
Bank and Gaza only during a period for which a certifi-
cation described in section 9412(b) is in effect with respect 
to the Palestinian Authority. 
(b) EXCEPTIONS.—Subsection (a) shall not apply 
with respect to the following: 
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(1) ASSISTANCE
TO
MEET
BASIC
HUMAN 
NEEDS.—Assistance to meet food, water, medicine, 
health, or sanitation needs, or other assistance to 
meet basic human needs. 
(2) ASSISTANCE TO PROMOTE DEMOCRACY.— 
Assistance to promote democracy, human rights, 
freedom of the press, non-violence, reconciliation, 
and peaceful coexistence, provided that such assist-
ance does not directly benefit Hamas or any other 
foreign terrorist organization. 
(3) ASSISTANCE FOR INDIVIDUAL MEMBERS OF 
THE PALESTINIAN LEGISLATIVE COUNCIL.—Assist-
ance, other than funding of salaries or salary supple-
ments, to individual members of the Palestinian 
Legislative Council who the President determines 
are not members of Hamas or any other foreign ter-
rorist organization, for the purposes of facilitating 
the attendance of such members in programs for the 
development of institutions of democratic govern-
ance, including enhancing the transparent and ac-
countable operations of such institutions, and pro-
viding support for the Middle East peace process. 
(4) OTHER TYPES OF ASSISTANCE.—Any other 
type of assistance if the President— 
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(A) determines that the provision of such 
assistance is in the national security interest of 
the United States; and 
(B) not less than 30 days prior to the obli-
gation of amounts for the provision of such as-
sistance— 
(i) consults with the appropriate con-
gressional committees regarding the spe-
cific programs, projects, and activities to 
be carried out using such assistance; and 
(ii) submits to the appropriate con-
gressional committees a written memo-
randum that contains the determination of 
the President under subparagraph (A). 
(c) MARKING REQUIREMENT.—Assistance provided 
under this Act to nongovernmental organizations for the 
West Bank and Gaza shall be marked as assistance from 
the American people or the United States Government un-
less the Secretary of State or, as appropriate, the Admin-
istrator of the United States Agency for International De-
velopment, determines that such marking will endanger 
the lives or safety of persons delivering such assistance 
or would have an adverse effect on the implementation of 
that assistance. 
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(d) 
CONGRESSIONAL
NOTIFICATION.—Assistance 
made available under this Act to nongovernmental organi-
zations for the West Bank and Gaza may not be provided 
until 15 days after the date on which the President has 
provided notice thereof to the appropriate congressional 
committees in accordance with the procedures applicable 
to reprogramming notifications under section 8401. 
CHAPTER 5—TRADE AND COMMERCE 
SEC. 9501. PROHIBITION ON ASSISTANCE FOR EXPORTING 
UNITED STATES JOBS. 
(a) INCENTIVES AND INDUCEMENTS.—No foreign as-
sistance may be made available to provide any financial 
incentive to a business enterprise located in the United 
States for the purpose of inducing such enterprise to relo-
cate outside the United States, if such incentive or induce-
ment 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 out-
side the United States. 
(b) WORKERS’ RIGHTS.—No foreign assistance may 
be made available for any program, project, or activity 
that contributes to the violation of internationally recog-
nized worker rights (as such term is defined in section 
507(4) of the Trade Act of 1974 (19 U.S.C. 2467(4))) 
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702 
of workers in a partner country, including any designated 
zone or area in the country. 
SEC. 9502. PROHIBITION ON ASSISTANCE TO GOVERN-
MENTS THAT EXPROPRIATE UNITED STATES 
PROPERTY. 
(a) IN GENERAL.—No foreign assistance may be pro-
vided to a foreign government which the Secretary deter-
mines has— 
(1) on or after January 1, 1962— 
(A) nationalized or expropriated or seized 
ownership or control of property owned by any 
United States citizen or by any corporation, 
partnership, or association not less than 50 per-
cent beneficially owned by United States citi-
zens; 
(B) taken steps to repudiate or nullify ex-
isting contracts or agreements with any United 
States citizen or any corporation, partnership, 
or association not less than 50 percent bene-
ficially owned by United States citizens; or 
(C) imposed or enforced discriminatory 
taxes or other exactions, or restrictive mainte-
nance or operational conditions, or has taken 
other actions, which have the effect of national-
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703 
izing, expropriating, or otherwise seizing owner-
ship or control of property so owned; and 
(2) failed within a reasonable time to take ap-
propriate steps, which may include arbitration, to— 
(A) discharge its obligations under inter-
national law toward such citizen or entity, in-
cluding speedy compensation for such property 
in convertible foreign exchange, equivalent to 
the full value thereof, as required by inter-
national law; or 
(B) provide relief from such taxes, exac-
tions, or conditions, as the case may be. 
(b) REASONABLE TIME DEFINED.—For the purposes 
of subsection (a)(2), the term ‘‘reasonable time’’ means— 
(1) not more than six months after an action 
described in subsection (a)(1); or 
(2) in the event of a referral to the Foreign 
Claims Settlement Commission of the United States, 
not more than twenty days after the report of the 
Commission is received. 
(c) EXPIRATION
OF DETERMINATIONS.—A deter-
mination of the Secretary under subsection (a) shall re-
main in effect until rescinded. 
(d) RESCISSION
OF DETERMINATIONS.—A deter-
mination of the Secretary under subsection (a) with re-
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704 
spect to a foreign government shall not be rescinded unless 
the President submits to the appropriate congressional 
committees a report certifying that the government has 
taken appropriate steps to— 
(1) discharge its obligations under international 
law toward such citizen or entity; or 
(2) provide relief from the taxes, exactions, or 
conditions, as the case may be. 
(e) PUBLICATION.—A determination made under 
subsection (a) or a report submitted under subsection (d) 
shall be published in the Federal Register and made avail-
able on the Internet website of the Department of State. 
(f) LIST.—The Secretary shall include in the annual 
report required by section 8302 (relating to congressional 
budget justification) a list of foreign governments for 
which determinations under subsection (a) are currently 
in effect. 
(g) WAIVER.—Assistance prohibited by subsection (a) 
may be provided to a foreign government described in that 
subsection if, at least 15 days before providing assistance, 
the President submits to the appropriate congressional 
committees— 
(1) a certification that such a waiver is impor-
tant to the national interests of the United States; 
and 
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(2) a report describing— 
(A) the type and amount of assistance to 
be provided pursuant to the waiver; 
(B) the justification for such waiver; and 
(C) the time period for which such waiver 
will be effective. 
(h) FOREIGN CLAIMS SETTLEMENT COMMISSION.— 
(1) IN GENERAL.—Upon request of the Presi-
dent (within 70 days after an action referred to in 
subsection (a)(1)), the Foreign Claims Settlement 
Commission of the United States (established pursu-
ant to Reorganization Plan No. 1 of 1954, 68 Stat. 
1279) is hereby authorized to evaluate expropriated 
property, determining the full value of any property 
nationalized, expropriated, or seized, or subject to 
discriminatory or other actions as aforesaid, for pur-
poses of this section and to render an advisory re-
port to the President within 90 days after such re-
quest. 
(2) FORM OF REPORT.—Unless authorized by 
the President, the Commission shall not publish its 
advisory report except to the citizen or entity owning 
such property. 
(3) AUTHORIZATION
OF
APPROPRIATIONS.— 
There is authorized to be appropriated such 
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amounts, to remain available until expended, as may 
be necessary from time to time to enable the Com-
mission to carry out expeditiously its functions 
under this subsection. 
(i) FEDERAL ACT OF STATE DOCTRINE.— 
(1) IN GENERAL.—Notwithstanding any other 
provision of law, no court in the United States shall 
decline on the ground of the Federal act of state 
doctrine to make a determination on the merits giv-
ing effect to the principles of international law in a 
case in which claim of title or other right to property 
is asserted by any party, including a foreign state 
(or a party claiming through such state), based upon 
(or traced through) a confiscation or other taking 
after January 1, 1959, by an act of that state in vio-
lation of the principles of international law, includ-
ing the principles of compensation and the other 
standards set out in this section. 
(2) EXCEPTIONS.—This subsection shall not be 
applicable— 
(A) in any case in which an act of a for-
eign state is not contrary to international law 
or with respect to a claim of title or other right 
to property acquired pursuant to an irrevocable 
letter of credit of not more than 180 days dura-
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707 
tion issued in good faith prior to the time of the 
confiscation or other taking; or 
(B) in any case with respect to which the 
President determines that application of the act 
of state doctrine is required in that particular 
case by the foreign policy interests of the 
United States and a suggestion to this effect is 
filed on the President’s behalf in that case with 
the court. 
SEC. 9503. PROHIBITION ON ASSISTANCE FOR COMPENSA-
TION RELATING TO EXPROPRIATED OR NA-
TIONALIZED PROPERTY. 
(a) PROHIBITION.—No foreign assistance may be 
provided to compensate owners for expropriated or nation-
alized property and, upon finding by the President that 
such assistance has been used by a government for such 
purpose, no further assistance under this Act may be pro-
vided to the government until appropriate reimbursement 
is made to the United States. 
(b) EXCEPTION.—The prohibition in subsection (a) 
shall not apply to monetary assistance made available for 
use by a foreign government to compensate nationals of 
that country in accordance with a land reform program 
if the President determines that monetary assistance for 
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such land reform program will further the national inter-
ests of the United States. 
SEC. 9504. PROHIBITION ON ASSISTANCE TO GOVERN-
MENTS 
THAT 
REFUSE 
EXTRADITION 
RE-
QUESTS. 
(a) IN GENERAL.—No assistance under this Act 
(other than assistance under title V) may be provided to 
the central government of a country which has notified 
the Department of State of its refusal to extradite to the 
United States any individual indicted for a criminal of-
fense for which the maximum penalty is life imprisonment 
without the possibility of parole or for killing a law en-
forcement officer, as specified in a United States extra-
dition request. 
(b) APPLICABILITY.—The prohibition in subsection 
(a) shall only apply to the central government of a coun-
try— 
(1) with which the United States maintains dip-
lomatic relations; and 
(2) which is violating the terms and conditions 
of its extradition treaty with the United States. 
(c) WAIVER.—The Secretary may waive the prohibi-
tion in subsection (a) on a case-by-case basis if the Sec-
retary certifies and reports to the appropriate congres-
sional committees pursuant to section 8401 that such 
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waiver is important to the national interests of the United 
States. 
SEC. 9505. PROHIBITION ON TAXATION OF FOREIGN AS-
SISTANCE. 
(a) IN GENERAL.—No foreign assistance may be pro-
vided to a foreign government under a bilateral agreement 
entered into after the date of the enactment of this Act 
governing the terms and conditions under which such as-
sistance is to be provided unless such agreement includes 
a provision stating that United States foreign assistance 
shall be exempt from taxation or reimbursed by the for-
eign government. 
(b) REIMBURSEMENT OF FOREIGN TAXES.—In each 
fiscal year, the Secretary shall reduce the amount of for-
eign assistance made available under this Act to a govern-
ment by an amount equivalent to the total taxes assessed 
on United States foreign assistance, either directly or 
through grantees, contractors and subcontractors, by such 
government in the previous fiscal year, until such taxes 
have been reimbursed to the United States. 
(c) TRANSPARENCY.—The Secretary shall include in 
each report on allocations of assistance under section 8303 
the amount of unreimbursed taxes assessed by each gov-
ernment to which the United States Government intends 
to provide funds. 
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(d) DEFINITION.—In this section, the terms ‘‘taxes’’ 
and ‘‘taxation’’ refer to value-added taxes and customs du-
ties imposed on commodities financed with United States 
foreign assistance, and do not include foreign taxes of a 
de minimis nature. 
SEC. 9506. LIMITATION ON ASSISTANCE TO COUNTRIES IN 
DEFAULT. 
No assistance made available under this Act may be 
made available for new loans to the government of any 
country which is in default, during a period in excess of 
six calendar months, in payment to the United States of 
principal or interest on any loan made to such country 
under this Act, unless— 
(1) such country meets its obligations under the 
existing loan; or 
(2) the Secretary determines that new loans to 
such government are in the national interest and no-
tifies the appropriate congressional committees of 
such determination. 
Subtitle B—Policy Authorities 
SEC. 9601. CONTINGENCIES. 
(a) IN GENERAL.—Notwithstanding any other provi-
sion of law, the President is authorized to use funds made 
available to carry out any provision of this Act in order 
to provide, for any unanticipated contingencies, assistance 
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711 
authorized by title I, II or III in accordance with the provi-
sions applicable to the furnishing of such assistance. 
(b) LIMITATION.—The authority of subsection (a) 
may not be used to authorize the use of more than 
$50,000,000 during any fiscal year. 
(c) REPORT REQUIRED.—The President shall report 
in advance to the extent practicable to the appropriate 
congressional committees each time the President intends 
to exercise the authority of subsection (a). 
SEC. 9602. TRANSFER BETWEEN ACCOUNTS. 
(a) IN GENERAL.—Whenever the President deter-
mines it to be necessary for the purposes of this Act, not 
to exceed 10 percent of the funds made available for any 
provision of this Act may be transferred to, and consoli-
dated with, the funds made available for any other provi-
sion of this Act, and may be used for any of the purposes 
for which such funds may be used, except that the total 
in the provision for the benefit of which the transfer is 
made shall not be increased by more than 20 percent of 
the amount of funds made available for such provision. 
(b) EXCEPTION.—The authority of subsection (a) 
shall not be used to transfer funds made available for the 
purposes of titles I, II, or III and consolidate them with 
funds made available for the purposes of titles IV or V 
of this Act. 
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(c) REPORT REQUIRED.—The President shall report 
in advance to the extent practicable to the appropriate 
congressional committees each time the President intends 
to exercise the authority of subsection (a). 
SEC. 9603. SPECIAL WAIVER AUTHORITY. 
(a) AUTHORITY.—The President may authorize the 
taking of any action (or the refraining from the taking 
of any action) under this Act or any other Act relating 
to foreign assistance, notwithstanding any provision of 
law, if the President determines— 
(1) in cases relating to the transfer of defense 
articles or defense services, that to do so is essential 
to the national interests of the United States; and 
(2) in any other cases, that to do so is impor-
tant to the national interests of the United States. 
(b) CONSULTATION WITH CONGRESS.—Before exer-
cising the authority of subsection (a), the President shall 
consult with, and shall provide a written policy justifica-
tion to, the appropriate congressional committees. 
(c) NOTIFICATION TO CONGRESS.—A determination 
under subsection (a) shall not be effective until the Presi-
dent submits written notification of that determination to 
the appropriate congressional committees. 
(d) ANNUAL CEILINGS.— 
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713 
(1) IN GENERAL.—The authority of this section 
may not be used in any fiscal year to authorize— 
(A) more than $1,000,000,000 in sales or 
leases to be made under subtitle C of title IV; 
(B) the use of more than $500,000,000 of 
funds made available for use under any other 
provision of this Act; and 
(C) the use of more than $100,000,000 of 
foreign currencies accruing under this Act or 
any other law. 
(2) ARMS SALES.—If the authority of this sec-
tion is used both to authorize a sale or lease under 
subtitle C of title IV and to authorize funds to be 
used under this Act with respect to the financing of 
that sale or lease, then the use of the funds shall be 
counted against the limitation in paragraph (1)(B) 
and the portion, if any, of the sale or lease which 
is not so financed shall be counted against the limi-
tation in paragraph (1)(A). 
(3) LEASES.—For purposes of paragraph 
(1)(A), the replacement cost, less any depreciation in 
the value, of the defense articles authorized to be 
leased shall be counted against the limitation in that 
paragraph. 
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