1. Short title This Act may be cited as the Protecting Americans from Foreign Commercial Spyware Act . 2. Prohibition on assistance to foreign governments that engage in the use of foreign commercial spyware to target United States persons Chapter 1 of part III ( 22 U.S.C. 2351 et seq. ) of the Foreign Assistance Act of 1961 is amended by adding at the end the following new section: 620N. Prohibition on assistance to foreign governments that engage in the use of foreign commercial spyware to target United States persons (a) In general Except as otherwise provided in this section, no assistance may be provided under this Act to the central government of a country with respect to which the President makes a determination based on credible information and in accordance with subsection (c) that the government engages in the use of foreign commercial spyware to target United States persons. (b) Waiver If the President certifies in writing to the appropriate congressional committees that extraordinary circumstances or national security priorities exist warranting provision to a central government of a country of assistance otherwise prohibited pursuant to subsection (a), the United States may provide to such government such assistance. (c) Determination In making a determination under subsection (a) with respect to the central government of a country, the President shall give particular consideration to whether the government— (1) has a record of acquiring commercial foreign commercial spyware; (2) has used foreign commercial spyware against its own citizens, particularly journalists, political opponents, or activists