ical, economic, and diplomatic tools, and shall use the 
voice, vote, and influence of the United States in all inter-
national organizations and associations of which it is a 
member, including the International Atomic Energy Agen-
cy (IAEA) and the Nuclear Suppliers Group, to prevent 
the development or acquisition by any country of a capac-
ity to fabricate nuclear fuel if such country did not have 
such capacity as of January 1, 2012. 
(c) NUCLEAR TECHNICAL COOPERATION WITH THE 
IAEA.—The President shall direct the United States Per-
manent Representative to the IAEA to use the voice, vote, 
and influence of the United States at the IAEA to block 
the allocation of funds for any IAEA development, envi-
ronmental, or nuclear science assistance or activity to a 
country the government of which— 
(1) the Secretary of State has determined, for 
purposes of section 6(j) of the Export Administra-
tion Act of 1979 (as continued in effect under the 
International Emergency Economic Powers Act), 
section 620A of the Foreign Assistance Act of 1961, 
section 40 of the Arms Export Control Act, or any 
other provision of law, is a government that has re-
peatedly provided support for acts of international 
terrorism; 
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(2) is actively cooperating with a government as 
described in paragraph (1); 
(3) is under investigation for a breach of or 
noncompliance with its IAEA obligations or the pur-
poses and principles of the Charter of the United 
Nations; or 
(4) is in violation of its IAEA obligations or the 
purposes and principles of the Charter of the United 
Nations. 
SEC. 206. COOPERATION WITH THE PROLIFERATION SECU-
RITY INITIATIVE. 
(a) FINDINGS.—Congress finds the following: 
(1) From its inception on May 31, 2003, the 
Proliferation Security Initiative, also referred to as 
the PSI, has repeatedly demonstrated its effective-
ness in preventing the proliferation of weapons of 
mass destruction. 
(2) In his February 11, 2004, address at the 
National Defense University regarding additional 
measures to enhance global efforts against the pro-
liferation of weapons of mass destruction President 
Bush proposed that ‘‘the work of the Proliferation 
Security Initiative be expanded to address more than 
shipments and transfers. Building on the tools we’ve 
developed to fight terrorists, we can take direct ac-
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tion against proliferation networks. We need greater 
cooperation not just among intelligence and military 
services, but in law enforcement, as well. PSI par-
ticipants and other willing nations should use the 
Interpol and all other means to bring to justice 
those who traffic in deadly weapons, to shut down 
their labs, to seize their materials, to freeze their as-
sets. We must act on every lead. We will find the 
middlemen, the suppliers and the buyers.’’. 
(3) The number of countries participating in 
PSI has steadily increased, thereby greatly enhanc-
ing its effectiveness. 
(4) Many countries in the Western Hemisphere 
formally or informally cooperate with the PSI. 
(5) Expanded law enforcement cooperation 
throughout the Western Hemisphere, including by 
means of greater coordination of policies, improved 
communications, and enhanced capabilities would 
significantly promote the objectives of the PSI. 
(b) SENSE OF CONGRESS CONCERNING STRENGTH-
ENING
COOPERATION
REGARDING
NONPROLIFERA-
TION.—It is the sense of Congress that— 
(1) it is in the national security interest of the 
United States to establish comprehensive coopera-
tion to prevent the proliferation of nuclear, chemical, 
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and biological materials in the Western Hemisphere; 
and 
(2) the Secretary of State should seek to secure 
the formal or informal cooperation by Western 
Hemisphere countries for the purpose of securing 
the goals of the Proliferation Security Initiative an-
nounced by the President on May 31, 2003. 
SEC. 207. ESTABLISHMENT OF THE WESTERN HEMISPHERE 
NONPROLIFERATION PARTNERSHIP INITIA-
TIVE. 
(a) IN GENERAL.—The Secretary of State is author-
ized, in consultation with relevant United States Govern-
ment agencies, to negotiate with the leaders of the govern-
ments of countries in the Western Hemisphere on a bilat-
eral or multilateral basis, as appropriate, international 
agreements under which such governments work in part-
nership to establish an initiative to be known as the 
‘‘Western Hemisphere Nonproliferation Partnership Ini-
tiative’’ (NPI). 
(b) PURPOSE.— 
(1) IN GENERAL.—The NPI shall— 
(A) encourage the establishment of con-
tacts and cooperative relationships, including 
the sharing of intelligence, between the respon-
sible individuals and agencies of each partici-
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pant country with their counterparts in the 
United States Government and in other partici-
pating countries; and 
(B) encourage bilateral and multilateral 
support, cooperation, and coordination of na-
tional programs and efforts to promote effective 
and in-depth cooperation to counter the illicit 
acquisition or trade of weapons-related nuclear, 
chemical, or biological materials, technology, or 
facilities. 
(2) COOPERATIVE PROGRAMS.—The cooperative 
programs referred to under paragraph (1)(B) shall 
include the following: 
(A) Training for government officials and 
agents from participating countries regarding 
the development and operation of NPI pro-
grams. 
(B) Assistance in developing a comprehen-
sive legal and regulatory framework in each 
country, as appropriate, to enable the establish-
ment and effective implementation of export 
controls and the capacity to track nuclear, 
chemical, and biological materials, equipment, 
technology, and facilities. 
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(C) Provision of equipment, development of 
infrastructure, and the acquisition of other re-
sources required by participating countries to 
effectively carry out the tasks referred to in 
subparagraphs (A) and (B). 
SEC. 208. FOREIGN POLICY CONTROLS. 
(a) TERRORIST STATES.—Section 6(j)(4) of the Ex-
port Administration Act of 1979 (50 U.S.C. App. 
2405(j)(4)) is amended— 
(1) in the matter preceding subparagraph (A), 
by striking ‘‘the Speaker’’ and inserting ‘‘the chair-
man of the Committee on Foreign Affairs’’; and 
(2) in subparagraph (B)— 
(A) in clause (i), by striking ‘‘6-month pe-
riod; and’’ and inserting ‘‘36-month period;’’; 
(B) in clause (ii), by striking the period at 
the end and inserting a semicolon; and 
(C) by adding after clause (ii) the fol-
lowing: 
‘‘(iii) that government is not a ‘coun-
try of proliferation concern’ as defined in 
section 1055(g)(2) of the National Defense 
Authorization Act for Fiscal Year 2010 
(50 U.S.C. 2371(g)(2)); and 
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‘‘(iv) that government has provided 
assurances that it will not knowingly facili-
tate, directly or indirectly, the proliferation 
of nuclear materials, items, or technology 
in the future.’’. 
(b) CONFORMING AMENDMENTS.— 
(1) FOREIGN ASSISTANCE ACT OF 1961.—Sec-
tion 620A(c) of the Foreign Assistance Act of 1961 
(22 U.S.C. 2371(c)) is amended— 
(A) in the matter preceding paragraph (1), 
by striking ‘‘the Speaker’’ and inserting ‘‘the 
chairman of the Committee on Foreign Af-
fairs’’; and 
(B) in paragraph (2)— 
(i) in subparagraph (A), by striking 
‘‘6-month period; and’’ and inserting ‘‘36- 
month period;’’; 
(ii) in subparagraph (B), by striking 
the period at the end and inserting a semi-
colon; and 
(iii) by adding after subparagraph (B) 
the following: 
‘‘(C) that government is not a ‘country of 
proliferation concern’ as defined in section 
1055(g)(2) of the National Defense Authoriza-
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tion Act for Fiscal Year 2010 (50 U.S.C. 
2371(g)(2)); and 
‘‘(D) that government has provided assur-
ances that it will not knowingly facilitate, di-
rectly or indirectly, the proliferation of nuclear 
materials, items, or technology in the future.’’. 
(2) ARMS
EXPORT
CONTROL
ACT.—Section 
40(f)(1) of the Arms Export Control Act (22 U.S.C. 
2780(f)(1)) is amended— 
(A) in the matter preceding subparagraph 
(A), by striking ‘‘the Speaker’’ and inserting 
‘‘the chairman of the Committee on Foreign Af-
fairs’’; and 
(B) in subparagraph (B)— 
(i) in clause (i), by striking ‘‘6-month 
period; and’’ and inserting ‘‘36-month pe-
riod;’’; 
(ii) in clause (ii), by striking the pe-
riod at the end and inserting a semicolon; 
(iii) by adding after clause (ii) the fol-
lowing: 
‘‘(iii) that government is not a ‘coun-
try of proliferation concern’ as defined in 
section 1055(g)(2) of the National Defense 
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Authorization Act for Fiscal Year 2010 
(50 U.S.C. 2371(g)(2)); and 
‘‘(iv) that government has provided 
assurances that it will not knowingly facili-
tate, directly or indirectly, the proliferation 
of nuclear materials, items, or technology 
in the future.’’. 
SEC. 209. LIMITATION ON ARMS TRANSFERS. 
(a) IN GENERAL.—No letter of offer to sell major de-
fense equipment to a foreign government of the Western 
Hemisphere may be issued pursuant to the Arms Export 
Control Act (22 U.S.C. 2751 et seq.) and no license to 
export major defense equipment to a foreign government 
of the Western Hemisphere may be issued pursuant to 
such Act in a fiscal year until the President makes the 
certification required under subsection (b) for such fiscal 
year. 
(b) CERTIFICATION.—The certification required by 
this section is a certification by the President that the for-
eign government of the Western Hemisphere— 
(1) is not carrying out policies aimed at under-
mining United States national security interests; and 
(2) is cooperating fully with United States non-
proliferation efforts. 
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(c) WAIVER.—The President may waive the prohibi-
tion under subsection (b) with respect to a specific trans-
action if the President determines that such transaction 
is important to the national security interests of the 
United States. 
SEC. 210. RESTRICTIONS ON NUCLEAR COOPERATION WITH 
COUNTRIES ASSISTING THE NUCLEAR PRO-
GRAM OF VENEZUELA OR CUBA. 
(a) IN GENERAL.—Notwithstanding any other provi-
sion of law or any international agreement, no agreement 
for cooperation between the United States and the govern-
ment of any country that is assisting the nuclear or bio-
logical program of Venezuela or Cuba or transferring ad-
vanced conventional weapons or missiles to Venezuela or 
Cuba may be submitted to the President or to Congress 
pursuant to section 123 of the Atomic Energy Act of 1954 
(42 U.S.C. 2153), no such agreement may enter into force 
with such country, no license may be issued for export di-
rectly or indirectly to such country of any nuclear mate-
rial, facilities, components, or other goods, services, or 
technology that would be subject to such agreement, and 
no approval may be given for the transfer or retransfer 
directly or indirectly to such country of any nuclear mate-
rial, facilities, components, or other goods, services, or 
technology that would be subject to such agreement, until 
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the President determines and reports to the Committee 
on Foreign Affairs of the House of Representatives and 
the Committee on Foreign Relations of the Senate that 
the government of the country that is assisting the nuclear 
program of Venezuela or Cuba or transferring advanced 
conventional weapons or missiles to Venezuela or Cuba— 
(1) has suspended all nuclear assistance to Ven-
ezuela or Cuba and all transfers of advanced conven-
tional weapons and missiles to Venezuela or Cuba; 
and 
(2) is committed to maintaining such suspen-
sion until Venezuela or Cuba has implemented meas-
ures that would permit the President to make the 
determination described in paragraph (1). 
(b) RULES OF CONSTRUCTION.—The restrictions de-
scribed in subsection (a)— 
(1) shall apply in addition to all other applica-
ble procedures, requirements, and restrictions re-
quired by the Atomic Energy Act of 1954 and any 
other law; and 
(2) shall not be construed as affecting the valid-
ity of agreements for cooperation that are in effect 
on the date of the enactment of this Act. 
(c) DEFINITIONS.—In this section: 
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(1) AGREEMENT FOR COOPERATION.—The term 
‘‘agreement for cooperation’’ has the meaning given 
that term in section 11 b. of the Atomic Energy Act 
of 1954 (42 U.S.C. 2014 b.). 
(2) ASSISTING
THE
NUCLEAR
PROGRAM
OF 
VENEZUELA OR CUBA.—The term ‘‘assisting the nu-
clear program of Venezuela or Cuba’’ means the in-
tentional transfer to Venezuela or Cuba by a govern-
ment, or by a person subject to the jurisdiction of 
a government with the knowledge and acquiescence 
of such government, of goods, services, or technology 
listed on the Nuclear Suppliers Group Guidelines for 
the Export of Nuclear Material, Equipment and 
Technology (published by the International Atomic 
Energy Agency as Information Circular INFCIRC/ 
254/Rev. 3/Part 1, and subsequent revisions) or 
Guidelines for Transfers of Nuclear-Related Dual- 
Use Equipment, Material, and Related Technology 
(published by the International Atomic Energy 
Agency as Information Circular INFCIR/254/Rev. 3/ 
Part 2, and subsequent revisions). 
(3) COUNTRY
THAT
IS
ASSISTING
THE
NU-
CLEAR
PROGRAM
OF
VENEZUELA
OR
CUBA
OR 
TRANSFERRING
ADVANCED
CONVENTIONAL
WEAP-
ONS OR MISSILES TO VENEZUELA OR CUBA.—The 
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term ‘‘country that is assisting the nuclear program 
of Venezuela or Cuba or transferring advanced con-
ventional weapons or missiles to Venezuela or Cuba’’ 
means— 
(A) Russia; and 
(B) any other country determined by the 
President to be assisting the nuclear program 
of Venezuela or Cuba or transferring advanced 
conventional weapons or missiles to Venezuela 
or Cuba. 
(4) TRANSFERRING ADVANCED CONVENTIONAL 
WEAPONS OR MISSILES TO VENEZUELA OR CUBA.— 
The term ‘‘transferring advanced conventional weap-
ons or missiles to Venezuela or Cuba’’ means the in-
tentional transfer to Venezuela or Cuba by a govern-
ment, or by a person subject to the jurisdiction of 
a government with the knowledge and acquiescence 
of such government, of goods, services, or technology 
listed on— 
(A) the Wassenaar Arrangement list of 
Dual Use Goods and Technologies and Muni-
tions list of July 12, 1996, and subsequent revi-
sions; or 
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(B) the Missile Technology Control Regime 
Equipment and Technology Annex of June 11, 
1996, and subsequent revisions. 
TITLE III—ORGANIZATION OF 
AMERICAN STATES 
SEC. 301. ACTIONS REGARDING THE ORGANIZATION OF 
AMERICAN STATES. 
(a) DECLARATION REGARDING TERRORISM.—The 
Secretary of State shall direct the United States Rep-
resentative to the Organization of American States (OAS) 
to use the voice, vote, and influence of the United States 
at the OAS to move for a declaration at the first meeting 
of Member States of the OAS convened after the date of 
the enactment of this Act calling on countries to system-
atically deny the use of their territories by terrorists or 
terrorist organizations. 
(b) TRANSFER OF FUNDS FOR UNITED STATES VOL-
UNTARY CONTRIBUTIONS TO THE OAS.— 
(1) IN GENERAL.—For fiscal year 2013 and 
each subsequent fiscal year, 50 percent of the 
amount of funds made available for United States 
assessed contributions to the OAS may be trans-
ferred to, and merged with, funds made available for 
United States voluntary contributions to the OAS. 
(2) USE OF FUNDS.— 
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(A) IN GENERAL.—For fiscal year 2013 
and each subsequent fiscal year, it is the sense 
of Congress that the United States Representa-
tive to the OAS should allocate funds made 
available for United States voluntary contribu-
tions to the OAS so as to give priority to con-
tributions to the organizations specified in sub-
paragraph (B). 
(B) ORGANIZATIONS SPECIFIED.—The or-
ganizations referred to in subparagraph (A) are 
the following: 
(i) The OAS Inter-American Com-
mittee Against Terrorism (CICTE). 
(ii) The OAS Inter-American Drug 
Abuse Control Commission (CICAD). 
(iii) The OAS Fund for Strengthening 
Democracy. 
(iv) The Inter-American Commission 
on Human Rights. 
(c) PROHIBITION ON UNITED STATES CONTRIBU-
TION.— 
(1) IN
GENERAL.—No contributions by the 
United States may be made to the OAS if Cuba is 
admitted as an active Member State to the OAS or 
participates at the Summit of the Americas with the 
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consent of the OAS unless the Secretary of State de-
termines and certifies to the appropriate congres-
sional committees that a democratically elected gov-
ernment in Cuba has been established. 
(2) DEFINITION.—In this subsection, the term 
‘‘democratically elected government in Cuba’’, in ad-
dition to meeting the requirements of section 205(a) 
of the Cuban Liberty and Democratic Solidarity 
(LIBERTAD) Act of 1996 (22 U.S.C. 6065(a)), 
means a government which meets the requirements 
of section 206 of such Act (22 U.S.C. 6066). 
TITLE IV—MISCELLANEOUS 
PROVISIONS 
SEC. 401. PROHIBITIONS ON ENGAGEMENT WITH CERTAIN 
WESTERN HEMISPHERE COUNTRIES. 
Nothing in this Act shall be construed as weakening 
or removing any prohibitions on United States engage-
ment with or assistance to any country in the Western 
Hemisphere that the Secretary of State has designated as 
a state sponsor of terrorism for a minimum of five con-
secutive years. 
SEC. 402. REPORT. 
(a) IN GENERAL.—For each of the fiscal years 2013, 
2014, and 2015, the Secretary of State shall submit to 
the appropriate congressional committees a report on the 
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activities carried out to achieve the objectives described 
in titles I and II that describe— 
(1) the extent to which each such objective has 
been achieved; 
(2) the steps taken by the United States and 
countries in the Western Hemisphere in the pre-
ceding calendar year to accomplish such objectives; 
(3) the extent of cooperation by other countries 
in the Western Hemisphere toward achieving such 
objectives; and 
(4) the steps the United States will take in the 
current calendar year to accomplish such objectives. 
(b) PREPARATION AND FORM OF REPORT.—The re-
port required under subsection (a) shall rely on public in-
formation to the extent possible, and may include a classi-
fied annex, if necessary. 
Æ 
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