; (2) has used foreign commercial spyware against its own citizens, particularly journalists, political opponents, or activists; and (3) has failed to undertake serious and sustained efforts to combat the use of foreign commercial spyware in undemocratic ways. (d) Exception The prohibition under subsection (a) does not apply to military assistance. (e) Termination The prohibition under subsection (a) with respect to the central government of a country shall terminate 1 year after the President makes a determination that the government no longer engages in the use of foreign commercial spyware to target United States persons. (f) Report The President shall annually submit to the Committee on Foreign Affairs and the Permanent Select Committee on Intelligence of the House of Representatives and the Committee on Foreign Relations and the Select Committee on Intelligence of the Senate as part of the presentation materials for assistance programs proposed for each fiscal year, a full and complete classified report, prepared in consultation with the intelligence community’s classified annex, required under section 1102A of the National Security Act of 1947 ( 50 U.S.C. 3232a ), with respect to governmental use of foreign commercial spyware to target United States persons in each country proposed as a recipient of assistance under this Act. (g) Definitions In this section: (1) Foreign commercial spyware The term ‘foreign commercial spyware’ means a tool (or set of tools) sold, leased, marketed, or otherwise provided as an end-to-end system originally developed or owned by a foreign spyware company that provides a purchaser remote access to information stored on or transiting through an electronic device connected to the internet, including end-to-end systems that— (A) allow malign actors to infect mobile and internet-connected devices with malware over both wireless internet and cellular data connections, including without any action required by the user of the device; (B) can record telephone calls and other audio