(A) PROHIBITION ON LOANS AND GUARAN-
TEES.—Prohibit the issuance by the Overseas 
Private Investment Corporation, the Export-Im-
port Bank of the United States, or any other 
United States instrument of any loan, guar-
antee, insurance, extension of credit, or partici-
pation in the extension of credit in connection 
with the export of any goods or services to any 
sanctioned person. 
(B) EXPORT
SANCTION.—Prohibit the 
issuance by the United States Government of 
any specific license and or other specific permis-
sion or authority to export any goods or tech-
nology to a sanctioned person under— 
(i) the Export Administration Act of 
1979 (as continued in effect under the 
International Emergency Economic Powers 
Act); 
(ii) the Arms Export Control Act; 
(iii) the Atomic Energy Act of 1954; 
or 
(iv) any other statute that requires 
the prior review and approval of the 
United States Government as a condition 
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for the export or reexport of goods or serv-
ices. 
(C) PROHIBITIONS ON FINANCIAL INSTITU-
TIONS.—The following prohibitions may be im-
posed against a sanctioned person that is a fi-
nancial institution: 
(i) PROHIBITION ON DESIGNATION AS 
PRIMARY DEALER.—Prohibit the Board of 
Governors of the Federal Reserve System 
and the Federal Reserve Bank of New 
York from designating, or permitting the 
continuation of any prior designation of, 
such financial institution as a primary 
dealer in United States Government debt 
instruments. 
(ii) PROHIBITION ON SERVICE AS A 
REPOSITORY
OF
GOVERNMENT
FUNDS.— 
Prohibit such financial institution from 
serving as agent of the United States Gov-
ernment or serving as repository for 
United States Government funds. 
The imposition of either sanction under sub-
paragraph (A) or (B) shall be treated as one 
sanction for purposes of this section, and the 
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imposition of both such sanctions shall be treat-
ed as two sanctions for purposes of this section. 
(D) PROCUREMENT
SANCTION.—Prohibit 
the United States Government from procuring, 
or entering into any contract for the procure-
ment of, any goods or services from a sanc-
tioned person. 
(2) TERMINATION
OF
SANCTIONS.—Sanctions 
imposed pursuant to paragraph (1) shall terminate 
if the President determines and certifies to the ap-
propriate congressional committees that the require-
ments of sections 204, 205, and 206 of the Cuban 
Liberty and Democratic Solidarity (LIBERTAD) 
Act of 1996 (22 U.S.C. 6064, 6065, and 6066) have 
been satisfied. 
(3) PROHIBITION ON FACILITATION BY UNITED 
STATES PERSONS OF CUBA’S ABILITY TO DEVELOP 
PETROLEUM RESOURCES.—It shall be unlawful for 
any United States person to provide materials, tech-
nical equipment, or other assistance that contributes 
to the enhancement of Cuba’s ability to develop pe-
troleum resources of the submerged lands located off 
Cuba’s coast. 
(4) REPORTS BY SECRETARY OF STATE.—For 
each of the fiscal years 2013, 2014, and 2015, the 
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Secretary of State shall submit to the Committee on 
Foreign Affairs and the Committee on Appropria-
tions of the House of Representatives and the Com-
mittee on Foreign Relations and the Committee on 
Appropriations of the Senate a report relating to— 
(A) investments that equal or exceed 
$1,000,000 (or any combination of investments 
that in the aggregate equals or exceeds 
$1,000,000 in any 12-month period) that con-
tribute to the enhancement of the ability of the 
Government of Cuba, or any agent or instru-
mentality thereof, to develop petroleum re-
sources of the submerged lands located off 
Cuba’s coast, including information relating to 
the values of such investments, the identity of 
the persons making such investments, and pro-
posed investments that would satisfy such cri-
teria, and information relating to any sanctions 
that have been imposed pursuant to subsection 
(a) as a result of such investments; and 
(B) investments of any amount of money, 
in conjunction with trafficking in confiscated 
United States property, that contribute to such 
an enhancement, including information relating 
to the values of such investments, the identity 
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of the persons making such investments, and 
the identity of such confiscated property, and 
information relating to any sanctions that have 
been imposed pursuant to paragraph (1) as a 
result of such investments. 
(5) ASSESSMENTS
OF
ENVIRONMENTAL
IM-
PACTS
OF
DEVELOPMENT
OF
CUBA’S
PETROLEUM 
RESOURCES.— 
(A) IN GENERAL.—Not later than one year 
after the date of the enactment of this Act, and 
annually thereafter, the Secretary of State, in 
consultation with the Secretary of the Interior 
and the Administrator of the Environmental 
Protection Agency, shall submit to the Com-
mittee on Foreign Affairs and the Committee 
on Natural Resources of the House of Rep-
resentatives and the Committee on Foreign Re-
lations and the Committee on Energy and Nat-
ural Resources of the Senate a report con-
taining an assessment of the impact that the 
development of Cuba’s petroleum resources has 
had on the environment and natural resources 
of the submerged lands located off Cuba’s coast 
and Florida’s marine environment. 
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(B) USE
OF
ENVIRONMENTAL
IMPACT 
STATEMENTS.—In preparing the assessment, 
the Secretary of State shall use as a model en-
vironmental impact statements prepared pursu-
ant to the National Environmental Policy Act 
of 1969 (42 U.S.C. 4321 et seq.). 
(6) DEFINITIONS.—In this subsection— 
(A) the terms ‘‘appropriate congressional 
committees’’, ‘‘confiscated’’, ‘‘person’’, ‘‘prop-
erty’’, and ‘‘traffics’’ have the meaning given 
such terms in section 4 of the Cuban Liberty 
and Democratic Solidarity (LIBERTAD) Act of 
1996 (22 U.S.C. 6023), except that the term 
‘‘person’’ shall also include, for purposes of this 
subsection, a foreign subsidiary of a person and 
United States subsidiary of a foreign person; 
(B) the terms ‘‘develop’’, ‘‘investment’’, 
and ‘‘petroleum resources’’ have the meaning 
given such terms in section 402(c) of such Act, 
as added by subsection (b) of this section; and 
(C) the terms ‘‘agent’’ and ‘‘instrumen-
tality’’ shall include the Cuban Communist 
Party. 
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SEC. 106. AMENDMENTS TO ANNUAL COUNTRY REPORTS 
ON TERRORISM. 
(a) IN GENERAL.—Section 140(b) of the Foreign Re-
lations Authorization Act, Fiscal Years 1988 and 1989 
(22 U.S.C. 2656f(b)) is amended— 
(1) in paragraph (4)(D), by striking ‘‘and’’ at 
the end; 
(2) in paragraph (5), by striking the period at 
the end and inserting a semicolon; 
(3) by redesignating the second paragraph (3) 
and the second paragraph (4) as paragraphs (6) and 
(7), respectively; 
(4) in paragraph (6), as so redesignated, by 
striking ‘‘and’’ at the end; 
(5) in paragraph (7), as so redesignated, by 
striking the period at the end and inserting a semi-
colon; and 
(6) by adding after such paragraph (7) the fol-
lowing new paragraphs: 
‘‘(8) a comprehensive assessment of all United 
States assistance available to combat terrorism in 
each country that is a subject of such report; and 
‘‘(9) with respect to countries in the Western 
Hemisphere that are the subjects of such report, the 
level in each such country of threat posed by radical 
Islamist terrorism.’’. 
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(b) EFFECTIVE DATE.—The amendments made by 
this subsection shall apply with respect to each report re-
quired to be transmitted to Congress under section 140 
of the Foreign Relations Authorization Act, Fiscal Years 
1988 and 1989 on or after the date of the enactment of 
this Act 
SEC. 107. AMENDMENTS TO INTERNATIONAL DRUG CON-
TROL CERTIFICATION PROCEDURES. 
Section 706 of the Foreign Relations Authorization 
Act, Fiscal Year 2003 (Public Law 107–228; 22 U.S.C. 
2291j–1) is amended— 
(1) in paragraph (2)— 
(A) in subparagraph (A)(ii); by striking 
‘‘and’’ at the end; 
(B) by redesignating subparagraph (B) as 
subparagraph (C); 
(C) by inserting after subparagraph (A) 
the following new subparagraph: 
‘‘(B) designate each country, if any, identi-
fied in such report in which a link has been de-
termined to exist between illicit drug trafficking 
organizations and a designated foreign terrorist 
organization and that has failed demonstrably, 
during the previous 12 months, to make sub-
stantial efforts— 
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‘‘(i) to adhere to its obligations under 
international counterterrorism agreements; 
and 
‘‘(ii) to implement effective counter-
terrorism measures, including action on 
such issues as the rule of law, denying safe 
haven to terrorists, financing and money 
laundering, and law enforcement; and’’; 
and 
(D) in subparagraph (C), as so redesig-
nated, by inserting before the period at the end 
the following: ‘‘under subparagraph (A) or 
(B)’’; 
(2) in paragraph (3)— 
(A) in subparagraph (A), by striking ‘‘or’’ 
at the end; 
(B) in subparagraph (B)(ii), by striking 
the period at the end and inserting ‘‘; or’’; and 
(C) by adding at the end the following new 
subparagraph: 
‘‘(C) subsequent to the designation being 
made under paragraph (2)(B), the country has 
made substantial efforts— 
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‘‘(i) to adhere to its obligations under 
international counterterrorism agreements; 
and 
‘‘(ii) to implement effective counter-
terrorism measures, including action on 
such issues as the rule of law, denying safe 
haven to terrorists, financing and money 
laundering, and law enforcement.’’; 
(3) by redesignating paragraph (8) as para-
graph (9); and 
(4) by inserting after paragraph (7) the fol-
lowing new paragraph: 
‘‘(8) BILATERAL AGREEMENTS.—If a country 
designated under subparagraphs (A) and (B) of 
paragraph (2) does not receive a determination 
under subparagraphs (B) or (C) of paragraph (3), 
the Secretary of State shall negotiate with such 
country a bilateral agreement describing actions to 
be taken by the United States and such country to 
satisfy such determinations during the one year pe-
riod following such a designation. Such a bilateral 
agreement should include a needs assessment, a bi-
lateral action plan, the provision of United States 
training and assistance, the use of International 
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Law Enforcement Academy facilities in the region, 
and an exchange of model laws and best practices.’’. 
SEC. 108. AMENDMENT TO INTERNATIONAL NARCOTICS 
CONTROL STRATEGY REPORT. 
Section 489(a) of the Foreign Assistance Act of 1961 
(22 U.S.C. 2291h(a)) is amended by adding at the end 
the following new paragraph: 
‘‘(9) A separate section that contains informa-
tion relating to any links between drug trafficking 
organizations, or money laundering and terrorists, 
terrorist acts, or designated foreign terrorist organi-
zations (as such term is used in section 219 of the 
Immigration and Nationality Act (8 U.S.C. 1189)), 
and any actions taken by the United States Govern-
ment or foreign government to address such links.’’. 
SEC. 109. INTERNATIONAL LAW ENFORCEMENT ACADEMY 
IN SAN SALVADOR, EL SALVADOR. 
(a) SENSE OF CONGRESS.—It is the sense of Con-
gress that the International Law Enforcement Academy 
(ILEA) in San Salvador, El Salvador, should continue to 
serve as a critical component of United States regional 
counterterrorism efforts. 
(b) NEGOTIATION.—The Secretary of State shall co-
ordinate with the heads of other appropriate United States 
Government agencies to ensure that counterterrorism, in-
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cluding radical Islamist extremism within the Western 
Hemisphere, nonproliferation, prison reform, prison fire 
safety, prison corrections training, the threat of gang vio-
lence, and border security courses are instituted as part 
of the core curriculum at the International Law Enforce-
ment Academy in San Salvador. 
SEC. 110. UNITED STATES EFFORTS IN THE WESTERN 
HEMISPHERE. 
(a) DETERMINATION.—For any country in the West-
ern Hemisphere that the President has determined— 
(1) is engaged in military cooperation with a 
state sponsor of terrorism, 
(2) is engaged in nonmarket-based trade with a 
state sponsor of terrorism, 
(3) is carrying out policies that threaten United 
States national security interests, or 
(4) is not fully cooperating with United States 
counterterrorism or nonproliferation efforts, 
the President is authorized to impose any of the sanctions 
described in subsection (b). 
(b) SANCTIONS.—For any country in the Western 
Hemisphere with respect to which the President has made 
a determination in accordance with subsection (a), the 
President is authorized to— 
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(1) suspend United States nonhumanitarian 
foreign assistance to the government of that country; 
and 
(2) prohibit the sale, provision, or transfer of 
articles, including the issuance of any specific license 
or grant of any other specific permission or author-
ity to export any goods or technology under— 
(A) the Export Administration Act of 1979 
(as continued in effect under the International 
Emergency Economic Powers Act); 
(B) the Arms Export Control Act; 
(C) the Atomic Energy Act of 1954; or 
(D) any other statute that requires the 
prior review and approval of the United States 
Government as a condition for the export or re- 
export of goods or services. 
SEC. 111. AMENDMENTS TO THE DEPARTMENT OF STATE 
REWARDS PROGRAM. 
(a) IN GENERAL.—Section 36 of the State Depart-
ment Basic Authorities Act of 1956 (22 U.S.C. 2708) is 
amended— 
(1) in subsection (a)(2), by inserting ‘‘serious 
violations 
of 
international 
humanitarian 
law, 
transnational organized crime,’’ after ‘‘international 
narcotics trafficking,’’; 
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(2) in subsection (b)— 
(A) in the matter preceding paragraph (1), 
by striking ‘‘Attorney General’’ and inserting 
‘‘heads of other relevant departments or agen-
cies’’; 
(B) in paragraphs (4) and (5), by striking 
‘‘paragraph (1), (2), or (3)’’ each place it ap-
pears and inserting ‘‘paragraph (1), (2), (3), 
(8), (9), (10), or (11)’’; 
(C) in paragraph (6)— 
(i) by inserting ‘‘or transnational or-
ganized crime group’’ after ‘‘terrorist orga-
nization’’; and 
(ii) by striking ‘‘or’’ at the end; 
(D) in paragraph (7)— 
(i) in the matter preceding subpara-
graph (A), by striking ‘‘, including the use 
by the organization of illicit narcotics pro-
duction or international narcotics traf-
ficking’’ and inserting ‘‘or transnational 
organized crime group, including the use 
by such organization or group of illicit nar-
cotics production or international narcotics 
trafficking’’; 
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(ii) in subparagraph (A), by inserting 
‘‘or transnational organized crime’’ after 
‘‘international terrorism’’; and 
(iii) in subparagraph (B)— 
(I) by inserting ‘‘or transnational 
organized crime group’’ after ‘‘ter-
rorist organization’’; and 
(II) by striking the period at the 
end and inserting a semicolon; and 
(E) by adding at the end the following new 
paragraphs: 
‘‘(8) the arrest or conviction in any country of 
any individual wanted on terrorism charges pursuant 
to red notices duly issued by Interpol, if such reward 
would help advance United States interests or the 
interests of United States allies in the global strug-
gle against international terrorism; 
‘‘(9) the arrest or conviction in any country of 
any individual for participating in, primarily outside 
the United States, transnational organized crime; 
‘‘(10) the arrest or conviction in any country of 
any individual conspiring to participate in or at-
tempting to participate in transnational organized 
crime; or 
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‘‘(11) the arrest or conviction in any country, 
or the transfer to or conviction by an international 
criminal tribunal (including a hybrid or mixed tri-
bunal), of any foreign national accused of war 
crimes, crimes against humanity, or genocide, as de-
fined under the statute of such tribunal.’’; 
(3) in subsection (e)(1), by striking the last 
sentence; and 
(4) in subsection (k)— 
(A) by redesignating paragraphs (5) and 
(6) as paragraphs (7) and (8), respectively; and 
(B) by inserting after paragraph (4) the 
following new paragraphs: 
‘‘(5) TRANSNATIONAL ORGANIZED CRIME.—The 
term ‘transnational organized crime’ means— 
‘‘(A) racketeering activity (as such term is 
defined in section 1961 of title 18, United 
States Code) that involves at least one jurisdic-
tion outside the United States; or 
‘‘(B) any other criminal offense punishable 
by a term of imprisonment of at least four 
years under Federal, State, or local law that in-
volves at least one jurisdiction outside the 
United States and that is intended to obtain, 
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directly or indirectly, a financial or other mate-
rial benefit. 
‘‘(6) 
TRANSNATIONAL
ORGANIZED
CRIME 
GROUP.—The term ‘transnational organized crime 
group’ means a group of persons that includes one 
or more citizens of a foreign country, exists for a pe-
riod of time, and acts in concert with the aim of en-
gaging in transnational organized crime.’’. 
(b) RULE OF CONSTRUCTION.—Nothing in this sec-
tion or the amendments made by this section shall be con-
strued as authorizing the use of any activity precluded 
under the American Servicemembers’ Protection Act of 
2002 (Public Law 107–206). 
SEC. 112. ESTABLISHMENT OF A WESTERN HEMISPHERE 
REGIONAL COORDINATION CENTER. 
(a) STATEMENT OF POLICY.—It shall be the policy 
of the United States to— 
(1) carry out a comprehensive and integrated 
approach to United States counterterrorism, coun-
ternarcotics, and nonproliferation efforts, both do-
mestically and abroad; and 
(2) seek to engage leaders of the governments 
of countries in the Western Hemisphere to develop 
a comprehensive multilateral strategy to counter cur-
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rent and emerging threats and prevent the prolifera-
tion of nuclear, chemical, and biological weapons. 
(b) PURPOSE.—A Western Hemisphere Regional Co-
ordination Center shall serve as a joint operational facility 
dedicated to coordinating efforts, capacity, and intel-
ligence among participating countries to counter current 
and emerging threats and prevent the proliferation of nu-
clear, chemical, and biological weapons throughout the 
Western Hemisphere. 
(c) ESTABLISHMENT.—The Secretary of State shall 
negotiate with the leaders of the governments of other 
countries of the Western Hemisphere on a bilateral or 
multilateral basis, as appropriate, international agree-
ments under which such governments work in partnership 
to establish a center to be known as the ‘‘Western Hemi-
sphere Regional Coordination Center’’ (RCC). 
(d) PARTICIPATION OF UNITED STATES GOVERN-
MENT AGENCIES.— 
(1) IN GENERAL.—The Secretary of State, in 
consultation with the Director of National Intel-
ligence and the Secretary of Defense, shall deter-
mine which departments and agencies of the United 
States Government, including the Department of 
Defense, the Department of Energy, the Department 
of Homeland Security, the Department of the Treas-
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ury, the Department of Justice, the Drug Enforce-
ment Administration, and the Federal Bureau of In-
vestigation, are necessary to ensure the establish-
ment and operation of the RCC. The Secretary of 
State, in consultation with the Director of National 
Intelligence and the Secretary of Defense, shall ne-
gotiate agreements with the heads of such agencies 
to ensure their full participation and cooperation in 
such establishment and operation. 
(2) ASSIGNMENT OF REGIONAL ATTACHES AND 
ADVISORS.—The Secretary of State, in coordination 
with the Secretary of Defense and the Director of 
National Intelligence, may transfer to the RCC re-
gional attaches and advisors serving at United 
States diplomatic and consular missions in the West-
ern Hemisphere. 
(e) STRUCTURE.— 
(1) MANAGEMENT OF THE RCC.—It is the sense 
of Congress that the Secretary of State, in coordina-
tion with the Secretary of Defense and the Director 
of National Intelligence, should be responsible for 
the management of the RCC, including development 
of the budget, priorities, and programs of the RCC. 
(2) STAFFING AND DUTIES.— 
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(A) IN
GENERAL.—The RCC shall have 
one United States Director, at least one but not 
more than two United States Deputy Directors, 
and one host country General Director. The 
United States Director and United States Dep-
uty Directors may be employees of any of the 
United States national security agencies and 
shall be chosen by the Secretary of State, in 
consultation with the Director of National Intel-
ligence and Secretary of Defense. The Director 
and Deputy Directors of the RCC shall keep 
the Chief of Mission of the United States Em-
bassy in the host country of the RCC fully in-
formed of activities and operations of such 
RCC. 
(B) STAFF OF FOREIGN COUNTRIES.—It is 
the sense of Congress that the Secretary of 
State should seek to ensure that staff of the 
RCC who are representatives of governments of 
other countries of the Western Hemisphere are 
comprised of individuals who are members of 
vetted units of such governments that are ap-
proved by the United States Government. 
(f) UNITED STATES CONTRIBUTIONS.—The United 
States should contribute existing funds, personnel, and 
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other resources to the RCC in order to avoid duplicative 
efforts to maximize the presence of the United States to 
improve regional security and cooperation within the 
Western Hemisphere. 
SEC. 113. TRANSFER OF FUNDS TO THE CENTRAL AMER-
ICAN REGIONAL SECURITY INITIATIVE. 
For fiscal year 2013 and each subsequent fiscal year, 
50 percent of the amount of funds made available for ‘‘De-
velopment Assistance’’ to carry out environmental pro-
grams and 50 percent of the amount of funds made avail-
able for the Global Climate Change Fund for the Western 
Hemisphere may be transferred to, and merged with, 
funds made available for ‘‘International Narcotics Control 
and Law Enforcement’’ to carry out the Central American 
Regional Security Initiative. 
SEC. 114. ADMINISTRATION OF SECURITY ASSISTANCE 
PROGRAMS FOR CENTRAL AMERICAN COUN-
TRIES. 
(a) FINDINGS.—Congress finds the following: 
(1) According to the Government Accountability 
Office report dated July 2010 regarding the Merida 
Initiative, Department of State officials at posts in 
Central American countries expressed frustration 
with the Narcotics Affairs Section (NAS) of the 
United States Embassy in Mexico City serving as 
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the account manager for International Narcotics 
Control and Law Enforcement funds destined for 
Central America because ‘‘it adds an extra layer’’ to 
an already complex funding process. 
(2) Some Department of State officials at posts 
in Central America stated that this situation has 
created a bottleneck on the progress of bilateral pro-
curement and training. 
(3) United States officials at posts in three 
Central American countries noted that returning 
funds to embassy control would speed up procure-
ment, and facilitate travel, training, and exchange 
programs. 
(b) REQUIREMENT.—For fiscal year 2013 and each 
subsequent fiscal year, funds made available for ‘‘Inter-
national Narcotics Control and Law Enforcement’’ to 
carry out security assistance programs for any country of 
Central America may be administered only through the 
United States embassy for such Central American coun-
try. 
SEC. 115. RESTRICTION ON ASSISTANCE FOR THE GUATE-
MALAN ARMY. 
(a) IN GENERAL.—Not later than 120 days after the 
date of the enactment of this Act, the Secretary of State 
shall submit to the appropriate congressional committees 
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a report that narrowly defines Guatemala’s strategy for 
addressing— 
(1) border security and external threats; 
(2) respect for human rights; 
(3) cooperation with civilian investigations and 
prosecutions of cases involving current and retired 
officers and with the International Commission 
against Impunity in Guatemala (CICIG); and 
(4) public disclosure of all military archives per-
taining to the internal armed conflict. 
(b) APPROPRIATE
CONGRESSIONAL
COMMITTEES 
DEFINED.—In this section, the term ‘‘appropriate con-
gressional committees’’ means— 
(1) the Committee on Foreign Affairs and the 
Committee on Appropriations of the House of Rep-
resentatives; and 
(2) the Committee on Foreign Relations and 
the Committee on Appropriations of the Senate. 
TITLE 
II—NONPROLIFERATION 
OF 
NUCLEAR, 
CHEMICAL, 
AND BIOLOGICAL WEAPONS 
IN 
THE 
WESTERN 
HEMI-
SPHERE 
SEC. 201. FINDINGS. 
Congress finds the following: 
VerDate Mar 15 2010 
01:37 Jul 07, 2012
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