655 
(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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656 
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. 9302. 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. 9303. 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 10603 may not be used to waive the provisions 
of this section. 
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658 
SEC. 9304. 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 9301. 
(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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659 
(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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662 
in congressional budget justification documents for 
that fiscal year; 
(3) more than 10 percent in excess of the 
amount allocated pursuant to section 9303 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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663 
(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. 9402. 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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664 
sistance. The requirements of this section are in addition 
to, and not in lieu of, other congressional notification re-
quirements. 
SEC. 9403. 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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665 
TITLE X—POLICY RESTRICTIONS 
AND SPECIAL AUTHORITIES 
Subtitle A—Policy Restrictions 
SEC. 10001. 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 
government of any political subdivi-
sion of the foreign country. 
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(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 10302(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 
section 10401(a) which has not been waived or re-
scinded. 
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667 
(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. 10101. 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; 
(4) causing the disappearance of persons by the 
abduction and clandestine detention of those per-
sons; or 
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668 
(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 9302 (relating to congressional 
budget justification) a list of foreign governments for 
which determinations under subsection (a) are currently 
in effect and the date on which each such determination 
became effective. 
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(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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670 
(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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671 
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. 10102. 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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672 
(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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673 
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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674 
(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. 10103. 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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675 
(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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676 
(C) the time period for which the waiver 
will be effective. 
SEC. 10104. 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. 10105. 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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677 
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. 10106. 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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678 
CHAPTER 2—NON-PROLIFERATION 
SEC. 10201. 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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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 9302 (relating to congressional 
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680 
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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681 
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 10201 of 
the Global Partnerships Act of 2012 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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682 
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. 10202. 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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683 
(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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684 
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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685 
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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686 
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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687 
proposed waiver under section 10202(c) of the Glob-
al Partnerships Act of 2012 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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688 
SEC. 10203. 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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689 
(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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690 
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. 10301. 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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691 
(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. 10302. 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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692 
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 9302 (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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693 
(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. 10303. 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. 10401. 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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746 
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. 
(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. 10603. 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 
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747 
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.— 
(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 
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884 
‘‘(2) REPORT
ELEMENTS.—Each report shall 
include— 
‘‘(A) a description of efforts made by each 
relevant executive branch agency to implement 
the policies set forth in this section, section 
302, and section 303; 
‘‘(B) a description of the programs estab-
lished pursuant to such sections; 
‘‘(C) a detailed breakdown of funding allo-
cations, by program and by country, for preven-
tion activities; and 
‘‘(D) a detailed assessment of the impact 
of programs established pursuant to such sec-
tions, including— 
‘‘(i)(I) the effectiveness of such pro-
grams in reducing— 
‘‘(aa) the transmission of 
HIV, particularly in women and 
girls; 
‘‘(bb) mother-to-child trans-
mission 
of 
HIV, 
including 
through 
drug 
treatment 
and 
therapies, either directly or by re-
ferral; and 
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