ELIGIBILITY FOR ASSISTANCE.

SEC. 822. ELIGIBILITY FOR ASSISTANCE. (a) Amendments to the Arms Export Control Act.— (1) Prohibition.— Section 3 of the Arms Export Control Act (22 U.S.C. 2753) is amended by adding at the end the following new subsection: “(f) No sales or leases shall be made to any country that the President has determined is in material breach of its binding commitments to the United States under international treaties or agreements concerning the nonproliferation of nuclear explosive devices (as defined in section 830(4) of the Nuclear Proliferation Prevention Act of 1994) and unsafeguarded special nuclear material (as defined in section 830(8) of that Act).”. (2) Definition of support for international terror ism.— Section 40 of such Act (22 U.S.C. 2780) is amended— (A) in subsection (d), by adding at the end the following new sentence: “For purposes of this subsection, such acts shall include all activities that the Secretary determines willfully aid or abet the international proliferation of nuclear explosive devices to individuals or groups or willfully aid or abet an individual or groups in acquiring unsafeguarded special nuclear material.”; and (B) in subsection (l)— (i) in paragraph (2), by striking “and” after the semicolon; (ii) in paragraph (3), by striking the period at the end and inserting a semicolon; and (iii) by adding at the end the following: “(4) the term ‘nuclear explosive device’ has the meaning given that term in section 830(4) of the Nuclear Proliferation Prevention Act of 1994; and “(5) the term ‘unsafeguarded special nuclear material’ has the meaning given that term in section 830(8) of the Nuclear Proliferation Prevention Act of 1994.”. (b) Foreign Assistance Act of 1961.— (1) Presidential determination 82–7.— Notwithstanding any other provision of law, Presidential Determination No. 82–7 of February 10, 1982, made pursuant to section 670(a)(2)108 STAT. 512 of the Foreign Assistance Act of 1961, shall have no force or effect with respect to any grounds for the prohibition of assistance under section 102(a)(1) of the Arms Export Control Act arising on or after the effective date of this part. (2) Amendment.— Section 620E(d) of the Foreign Assistance Act of 1961 (22 U.S.C. 2375(d)) is amended to read as follows: “(d) The President may waive the prohibitions of section 101 of the Arms Export Control Act with respect to any grounds for the prohibition of assistance under that section arising before the effective date of part B of the Nuclear Proliferation Prevention Act of 1994 to provide assistance to Pakistan if he determines that to do so is in the national interest of the United States.”.