Advancing Competitiveness, Transparency, and Security in the Americas Act of 2020
This bill supports U.S. economic engagement and diplomatic presence in Latin American and Caribbean countries and implements requirements to counter foreign corrupt practices and malign business practices in the region. Specifically, the bill establishes measures to (1) increase U.S. economic competitiveness and promote the rule of law in Latin American and Caribbean countries, (2) promote regional security and digital security, and (3) protect human rights in the Americas and advance the role of civil society in Latin America and the Caribbean.
[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[H.R. 8716 Introduced in House (IH)]
<DOC>
116th CONGRESS
2d Session
H. R. 8716
To strengthen the United States ties with Latin American and Caribbean
countries through diplomatic, economic, and security cooperation, to
counter efforts by the People's Republic of China to undermine United
States interests and values in the Americas, and to promote economic
development and competitiveness in the Latin America and Caribbean
region.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
October 30, 2020
Mr. Sires introduced the following bill; which was referred to the
Committee on Foreign Affairs, and in addition to the Committee on the
Judiciary, for a period to be subsequently determined by the Speaker,
in each case for consideration of such provisions as fall within the
jurisdiction of the committee concerned
_______________________________________________________________________
A BILL
To strengthen the United States ties with Latin American and Caribbean
countries through diplomatic, economic, and security cooperation, to
counter efforts by the People's Republic of China to undermine United
States interests and values in the Americas, and to promote economic
development and competitiveness in the Latin America and Caribbean
region.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Advancing
Competitiveness, Transparency, and Security in the Americas Act of
2020''.
(b) Table of Contents.--The table of contents for this Act is as
follows:
Sec. 1. Short title; table of contents.
Sec. 2. Findings.
Sec. 3. Sense of Congress.
Sec. 4. Statement of policy.
Sec. 5. Definitions.
Sec. 6. Assessing the intentions of the People's Republic of China in
the Western Hemisphere.
TITLE I--INCREASING COMPETITIVENESS IN LATIN AMERICA AND THE CARIBBEAN
Sec. 101. Developing and implementing a strategy to increase economic
competitiveness and promote the rule of
law.
Sec. 102. Strengthening United States International Development Finance
Corporation engagement in Latin America and
the Caribbean.
Sec. 103. Advancing regulation of foreign investment in infrastructure
projects to protect host countries'
national interests.
Sec. 104. Strengthening infrastructure project selection and
procurement processes.
Sec. 105. Promoting the rule of law in digital governance.
Sec. 106. Investing in projects that strengthen the region's digital
infrastructure.
Sec. 107. Countering foreign corrupt practices in the Americas.
Sec. 108. Countering malign business practices.
Sec. 109. Promoting greater energy security.
TITLE II--PROMOTING REGIONAL SECURITY AND DIGITAL SECURITY, AND
PROTECTING HUMAN RIGHTS IN THE AMERICAS
Sec. 201. Ensuring the integrity of telecom and data networks and
critical infrastructure.
Sec. 202. Addressing the risks that pervasive surveillance and
monitoring technologies pose to human
rights.
Sec. 203. Revitalizing bilateral and multilateral military education
programs.
TITLE III--ADVANCING THE ROLE OF CIVIL SOCIETY IN LATIN AMERICA AND THE
CARIBBEAN
Sec. 301. Counteracting growing Chinese educational and cultural
influence in Latin America and the
Caribbean.
Sec. 302. Advancing the role of civil society and the media to promote
accountability.
TITLE IV--RESOURCING FOR SUCCESS
Sec. 401. Appointment of China Engagement Officers at United States
embassies in the Western Hemisphere.
Sec. 402. Assessing staffing needs at United States embassies in Latin
America and the Caribbean.
SEC. 2. FINDINGS.
Congress makes the following findings:
(1) The People's Republic of China has dramatically
increased engagement with Latin America and the Caribbean since
2004. Latin America is the second largest destination for
Chinese foreign direct investment. China has become the top
trading partner of Brazil, Chile, Peru, and Uruguay. China's
trade with Latin America has grown from $17,000,000,000 in 2002
to $306,000,000,000 in 2018.
(2) Between 2005 and 2018, the People's Republic of China
provided Latin America with an estimated $141,000,000,000 in
development loans and other assistance. The annual amount of
such loans and assistance consistently surpasses the annual
sovereign lending to Latin America and the Caribbean from
either the World Bank or the Inter-American Development Bank.
(3) The People's Republic of China--
(A) is investing extensively across the region's
extractive sector and agricultural supply chains to
more effectively control raw materials supply and
pricing;
(B) has acquired and built new port facilities and
other transport and energy infrastructure in Brazil,
Panama, Costa Rica, El Salvador, and elsewhere in the
region to expand its footprint in Latin America; and
(C) has developed strong partnerships and engaged
in extensive deal-making in telecommunications and
other technology-intensive sectors in the Latin
American and Caribbean region.
(4) In 2015, the People's Republic of China and countries
of the Community of Latin American and Caribbean States (CELAC)
held the first meeting of the China-CELAC Ministerial Forum, at
which they agreed to a 5-year cooperation plan regarding
politics, security, trade, investment, finance, infrastructure,
energy, resources, industry, agriculture, science, and people-
to-people exchanges. China is also active in other regional
institutions, including multilateral development banks.
(5) The United States Southern Command has warned that
China's space and telecommunications ventures in Latin America
and the Caribbean have created United States commercial and
security vulnerabilities.
(6) China has spent more than $244,000,000,000 on energy
projects worldwide since 2000, 25 percent of which was spent in
Latin America and the Caribbean. Although the majority of this
spending was for oil, gas, and coal, China has also been the
largest investor in clean energy globally for almost a decade.
(7) China promotes the repressive use of technology--
(A) by selling crowd control weapons and riot gear
used against demonstrators; and
(B) by developing tracking systems that can be used
by governments to surveil and monitor their citizens.
(8) Although China did not originally include the Latin
America and Caribbean region in its Belt and Road Initiative--
(A) at a meeting with the Community of Latin
American and Caribbean States in January 2018, China
invited Latin America and the Caribbean to participate
in the Belt and Road Initiative, referring to the
region as a natural fit for a program that aims to
improve connectivity between land and sea through
jointly built logistic, electricity and information
pathways; and
(B) Nineteen Latin American and Caribbean countries
have signed bilateral Belt and Road Cooperation
Agreements since 2017.
(9) The People's Republic of China offers to finance
projects in Latin America and the Caribbean on deceptively easy
terms that frequently lead recipient countries to become
dependent on, and deeply indebted to, China. Chinese companies
frequently engage in exploitative practices, including
predatory lending, and project requirements that--
(A) provide little or no benefit to the host
country; and
(B) facilitate corrupt practices.
(10) The Government of China expects that Chinese companies
will invest the equivalent of $250,000,000,000 in Latin America
and the Caribbean by 2025.
(11) Since 2017, China has used its increasing economic
influence in Latin America and the Caribbean to encourage
countries, including El Salvador, Panama, and the Dominican
Republic, to sever diplomatic relations with Taiwan. Of the 15
countries that still maintain diplomatic relations with Taiwan,
9 are in Latin America and the Caribbean, namely: Belize,
Guatemala, Haiti, Honduras, Nicaragua, Paraguay, St. Kitts and
Nevis, St. Lucia, and St. Vincent and the Grenadines.
SEC. 3. SENSE OF CONGRESS.
It is the sense of Congress that--
(1) the United States shares extensive economic and
commercial relations, democratic values, cultural ties, and
geographic proximity with the nations of the Western
Hemisphere;
(2) increased United States engagement with countries in
the Western Hemisphere is essential to addressing initiatives
by rival powers, such as China, to increase their presence and
influence over governments in Latin American and the Caribbean
at the expense of strategic economic and security interests of
the United States;
(3) the United States is uniquely positioned to promote the
rule of law and support the strengthening of democratic
institutions and individual freedoms in Latin America and the
Caribbean, while improving the quality of life of citizens
throughout the Western Hemisphere;
(4) China's growing presence in the Western Hemisphere--
(A) has contributed to the survival of autocratic
and anti-democratic regimes, such as the Maduro regime
and the Government of Cuba, by acting as a lender of
last resort and providing other forms of economic
support;
(B) has assisted such regimes in undermining
democratic norms through weapons sales and the
proliferation of surveillance technology; and
(C) has provided governments with the resources to
implement irresponsible economic policies to the
detriment of its citizens; and
(5) the United States Government should continue to assert
a positive presence in the Western Hemisphere based upon--
(A) supporting the rule of law, combating
corruption, and advancing digital security as a means
to improve prospects for regional growth and
development and mitigate the unfair advantage accrued
to those that engage in unfair and illegal practices;
(B) facilitating technical assistance and
knowledge-sharing programs that strengthen regional
governments' and businesses' capacity for engaging in
sound negotiations and contracts, protect their
economic interests, and protect the economic interests
of their citizens;
(C) engaging in development investments that
strengthen United States public and private sector ties
to Western Hemisphere governments and businesses,
promote shared conviction that open markets and fair
competition are critical to sustained economic growth,
enhance regional businesses' ability to move up the
value chain, and are environmentally sustainable;
(D) raising awareness regarding how the
proliferation of Chinese economic largesse and the
increased adoption of Chinese surveillance technology
can harm Western Hemisphere economies and undermine
democratic institutions;
(E) empowering local and international media and
civil society to carefully monitor investment activity
in Latin America and the Caribbean to ensure
accountability and uncover the malign effects of
greater Chinese engagement, including a lack of
transparency, facilitation of corruption, unsustainable
debt, environmental damage, opaque labor and business
practices of Chinese firms, and the increased
likelihood of projects that leave host countries in
unsustainable debt; and
(F) promoting greater economic engagement between
the United States and other countries of the Western
Hemisphere to spur economic development in the region
and increase economic opportunities for the United
States private sector.
SEC. 4. STATEMENT OF POLICY.
It is the policy of the United States--
(1) to expand United States engagement in the Western
Hemisphere through economic and public diplomacy that
strengthens political and economic relations, reinforces shared
democratic values, and facilitates economic development in the
Western Hemisphere; and
(2) to promote United States economic prosperity through
increased engagement with Latin America and the Caribbean.
SEC. 5. DEFINITIONS.
In this Act:
(1) Caribbean.--The term ``Caribbean'' does not include
Cuba, unless it is specifically named.
(2) Latin america and the caribbean.--The term ``Latin
America and the Caribbean'' does not include Cuba, unless Cuba
is specifically named.
(3) Rule of law.--The term ``rule of law'' refers to a
durable system of institutions and processes founded on the
universal principles of--
(A) accountability;
(B) just laws that protect fundamental freedoms;
(C) open and transparent government processes; and
(D) accessible and impartial dispute resolution.
SEC. 6. ASSESSING THE INTENTIONS OF THE PEOPLE'S REPUBLIC OF CHINA IN
THE WESTERN HEMISPHERE.
(a) Defined Term.--In this section, the term ``appropriate
congressional committees'' means--
(1) the Committee on Foreign Relations of the Senate;
(2) the Select Committee on Intelligence of the Senate;
(3) the Committee on Foreign Affairs of the House of
Representatives; and
(4) the Permanent Select Committee on Intelligence of the
House of Representatives.
(b) Reporting Requirement.--Not later than 90 days after the date
of the enactment of this Act, the Secretary of State, working through
the Assistant Secretary of State for the Bureau of Intelligence and
Research, and in coordination with the Director of National
Intelligence and the Director of the Central Intelligence Agency, shall
submit a report to the appropriate congressional committees that
assesses the nature, intent, and impact to United States strategic
interests of--
(1) Chinese economic activity in Latin America and the
Caribbean, such as foreign direct investment, development
financing, oil-for-loans deals, other preferential trading
arrangements, and projects related to China's Belt and Road
Initiative;
(2) the involvement of Chinese government entities and
state-owned enterprises in infrastructure projects in Latin
America and the Caribbean, such as--
(A) the building, renovating, and operating of port
facilities, including the Margarita Port of Panama,
Posorja Deepwater Port in Ecuador, and the Port of
Paranagua in Brazil;
(B) the building and maintenance of the region's
telecom infrastructure, including the bidding and
construction of fiber optic submarine cables and the
installation of 5G technologies, by Chinese companies,
including Huawei, ZTE, and possibly others, and the
likelihood that these companies will be the dominant
providers of telecommunications infrastructure and
associated products and services in the region, with
great influence over Latin American government telecom
entities;
(C) the building of government facilities in the
region; and
(D) the building of Ecuador's Coca Codo Sinclair
Dam and other energy infrastructure projects in the
region;
(3) Chinese military activity in the region, including
military education and training programs, weapons sales, and
space-related activities in the military or civilian spheres,
such as the major satellite and space control station China
recently constructed in Argentina;
(4) Chinese security activity in Latin America and the
Caribbean, including sales of surveillance and monitoring
technology to regional governments such as Venezuela, Cuba, and
Ecuador, and the potential use of such technology as tools of
Chinese intelligence;
(5) Chinese intelligence engagement in Latin America and
the Caribbean, and the development of dual-use platforms;
(6) the nature of the People's Republic of China's presence
in the region, and whether it is competitive, threatening, or
benign to the United States national interests; and
(7) Chinese diplomatic activity aimed at influencing the
decisions, procedures, and programs of multilateral
organizations, including the Organization of American States
(OAS) and the Inter-American Development Bank (IDB), as well
the work in Latin America and the Caribbean of the World Bank
and International Monetary Fund (IMF).
(c) Coordination.--In preparing the report required under
subsection (b), the Secretary of State shall coordinate with the
Secretary of the Treasury and the Administrator of the United States
Agency for International Development, as feasible.
(d) Form.--The report required under subsection (b) shall be
submitted in unclassified form and shall include classified annexes.
TITLE I--INCREASING COMPETITIVENESS IN LATIN AMERICA AND THE CARIBBEAN
SEC. 101. DEVELOPING AND IMPLEMENTING A STRATEGY TO INCREASE ECONOMIC
COMPETITIVENESS AND PROMOTE THE RULE OF LAW.
(a) Strategy Requirement.--Not later than 180 days after the date
of the enactment of this Act, the Secretary of State, in consultation
with the Secretary of the Treasury, the Secretary of Commerce, the
Attorney General, the United States Trade Representative, the
Administrator of the United States Agency for International
Development, and the Chief Executive Officer of the United States
International Development Finance Corporation, shall submit a multi-
year strategy for increasing United States economic competitiveness and
promoting the rule of law in Latin American and Caribbean countries,
particularly in the areas of investment, sustainable development,
commercial relations, anti-corruption activities, and infrastructure
projects, to--
(1) the Committee on Foreign Relations of the Senate;
(2) the Committee on Finance of the Senate;
(3) the Committee on Foreign Affairs of the House of
Representatives; and
(4) the Committee on Ways and Means of the House of
Representatives.
(b) Additional Elements.--The strategy submitted pursuant to
subsection (a) shall include a plan of action to--
(1) assist Latin American and Caribbean countries with the
sustainable development of their economies;
(2) promote the rule of law as a means to ensure fair
competition, combat corruption, and strengthen legal structures
critical to robust democratic governance;
(3) identify and mitigate obstacles to economic growth in
Latin America and the Caribbean;
(4) maintain free and transparent access to the internet
and digital infrastructure in the Western Hemisphere; and
(5) facilitate a more competitive environment for United
States businesses in Latin America and the Caribbean.
(c) Reporting Requirement.--Not later than 1 year after the date of
the enactment of this Act, and annually thereafter, the Secretary of
State, in consultation with the Secretary of the Treasury, the
Secretary of Commerce, the Attorney General, the United States Trade
Representative, and the leadership of the United States International
Development Finance Corporation, shall brief the congressional
committees listed in subsection (a) on the implementation of this
title, including examples of successes and challenges.
SEC. 102. STRENGTHENING UNITED STATES INTERNATIONAL DEVELOPMENT FINANCE
CORPORATION ENGAGEMENT IN LATIN AMERICA AND THE
CARIBBEAN.
(a) Sense of Congress.--It is the sense of Congress that--
(1) United States support for the development of
competitive industries in Latin America and the Caribbean,
which are necessary for workforce development, increased wages,
and further economic development, will provide an opportunity
to strengthen United States competitiveness;
(2) the reliance of the BUILD Act of 2018 on the Gini
coefficient to measure eligibility for development financing
from the United States International Development Finance
Corporation would exclude the Caribbean's 12 countries from
qualifying for development financing; and
(3) given the geographic proximity of Caribbean countries
to the United States, the economic stability of Caribbean
nations is important to United States national security
interests.
(b) Eligibility of Caribbean Countries for Financing Through the
United States International Development Finance Corporation.--Section
1412(c) of the BUILD Act of 2018 (division F of Public Law 115-254) is
amended by adding at the end the following:
``(3) Inclusion of caribbean countries.--Notwithstanding
paragraphs (1) and (2), Caribbean countries (excluding Cuba)
shall be included among the countries receiving prioritized
support under title II during the 10-year period beginning on
the date of the enactment of the Advancing Competitiveness,
Transparency, and Security in the Americas Act of 2020.''.
(c) Prioritizing Engagement in the Western Hemisphere.--Section
1412 of the BUILD Act of 2018, as amended by subsection (b), is further
amended by adding at the end the following:
``(d) Foreign Policy Guidance.--The Secretary of State, in
accordance with the priorities identified in subsection (c), shall
provide foreign policy guidance to the Corporation to prioritize
development financing to Latin American and Caribbean countries
(excluding Cuba) by dedicating not less than 35 percent of development
financing and equity investments to countries in Latin America and the
Caribbean during the 10-year period beginning on the date of the
enactment of the Advancing Competitiveness, Transparency, and Security
in the Americas Act of 2020.''.
SEC. 103. ADVANCING REGULATION OF FOREIGN INVESTMENT IN INFRASTRUCTURE
PROJECTS TO PROTECT HOST COUNTRIES' NATIONAL INTERESTS.
(a) Finding.--Congress finds that the Committee on Foreign
Investment in the United States (referred to in this subsection as
``CFIUS''), as set forth in section 721 of the Defense Production Act
of 1950 (50 U.S.C. 4565)--
(1) protects United States national security interests that
are related to foreign direct investment in the United States
economy; and
(2) provides a mechanism by which the United States
Government can respond to concerns that investments may be
driven by political, rather than economic, motives.
(b) In General.--The Secretary of State, working through the
Assistant Secretary of State for Economic and Business Affairs and the
Assistant Secretary of State for International Narcotics and Law
Enforcement Affairs, in coordination with the Secretary of the
Treasury, shall offer to provide technical assistance to partner
governments in Latin America and the Caribbean to assist members of
national legislatures and executive branch officials in establishing
legislative and regulatory frameworks that are similar to the
frameworks set forth in section 721 of the Defense Production Act of
1950 (50 U.S.C. 4565).
(c) Purposes.--In carrying out subsection (b), the Secretary of
State, in coordination with the Secretary of the Treasury, shall
actively encourage partner governments--
(1) to protect their respective country's national security
interests;
(2) to protect the national security interests of their
allies; and
(3) to review and approve, suspend, or prohibit investments
and projects, on a case-by-case basis and in the aggregate, to
evaluate and assess their potential risk to such national
security interests.
(d) Diplomatic Engagement.--In providing the technical assistance
described in subsection (b), the Secretary of State shall conduct
diplomatic engagement with legislators from countries vital to the
interests of the United States to encourage them to adopt legislation
described in subsections (b) and (c) to regulate infrastructure
development projects.
(e) Strategy.--Not later than 90 days after the date of the
enactment of this Act, the Secretary of State shall submit a strategy
for carrying out the activities described in subsections (b) through
(d) to--
(1) the Committee on Foreign Relations of the Senate;
(2) the Committee on Appropriations of the Senate;
(3) the Committee on Banking, Housing, and Urban Affairs of
the Senate;
(4) the Committee on Foreign Affairs of the House of
Representatives;
(5) the Committee on Appropriations of the House of
Representatives; and
(6) the Committee on Financial Services of the House of
Representatives.
(f) Semiannual Briefing Requirement.--Not later than 180 days after
the date of the enactment of this Act, and every 180 days thereafter,
the Secretary of State shall provide a briefing regarding the
activities described in subsections (b) through (d) and the strategy
submitted under subsection (e) to--
(1) the Committee on Foreign Relations of the Senate; and
(2) the Committee on Foreign Affairs of the House of
Representatives.
(g) Authorization of Appropriations.--
(1) In general.--There is authorized to be appropriated to
the Secretary of State $10,000,000 for fiscal year 2020 to
carry out the activities set forth in subsections (b) through
(d).
(2) Notification requirements.--Amounts appropriated
pursuant to paragraph (1) are subject to the notification
requirements applicable to expenditures from the Economic
Support Fund under section 531(c) of the Foreign Assistance Act
of 1961 (22 U.S.C. 2346(c)) and the International Narcotics and
Law Enforcement Fund under section 489 of the Foreign
Assistance Act of 1961 (22 U.S.C. 2291h), to the extent that
such funds are expended.
SEC. 104. STRENGTHENING INFRASTRUCTURE PROJECT SELECTION AND
PROCUREMENT PROCESSES.
(a) Findings.--Congress makes the following findings:
(1) Corruption, as evidenced by the Odebrecht construction
scandal and the Panama Papers, creates significant obstacles to
doing business in Latin America and the Caribbean.
(2) China further exacerbates the levels of corruption in
the region by engaging in corrupt practices when pursuing
secure infrastructure contracts and procurement agreements.
(3) Procurement agreements not based exclusively on cost,
quality, and necessity can lead to projects that do not serve
the best interests of the public.
(b) Engagement Initiatives.--The Secretary of State, in
coordination with the Administrator of the United States Agency for
International Development, the Chief Executive Officer of United States
International Development Finance Corporation, the Director of the
United States Trade Development Agency, and representatives of the
Department of the Treasury's Office of Technical Assistance, shall plan
and carry out initiatives to engage with governments in Latin America
and the Caribbean for the purpose of strengthening infrastructure
project selection processes and procurement processes, including--
(1) discussing, devising, and disseminating best practices,
frameworks, and tools that--
(A) ensure greater adherence to the rule of law;
(B) promote greater transparency in infrastructure,
trade, and development projects; and
(C) more effectively regulate tender processes to
minimize opportunities for corrupt practices;
(2) strengthening legal structures as needed to ensure
business agreements are transparent, clear, and enforceable;
(3) increasing the capacity of Latin American and Caribbean
governments to effectively assess and negotiate investment
opportunities in accordance with applicable laws, including
commercial and public infrastructure projects;
(4) promoting legislation that codifies best practices in
applying the rule of law to infrastructure, trade, and
development projects;
(5) promoting the adoption of infrastructure project
selection processes that include environmental impact studies
that prioritize minimal environmental impact, strong
environmental standards, and social safeguards for vulnerable
and marginalized populations, including indigenous and Afro-
Latino populations;
(6) emphasizing differences in business practices between
the United States and China, particularly those relating to the
rule of law, transparency, and financing; and
(7) fostering and enabling economic and technical data
sharing relating to contract costs, structuring, and terms,
including loan terms, cost overruns, and quality assurance,
among regional governments and the United States.
(c) Consultation.--During the planning of the initiatives described
in subsection (b), the Secretary of State, in coordination with the
Administrator of the United States Agency for International
Development, the Chief Executive Officer of the United States
International Development Finance Corporation, the Director of the
United States Trade Development Agency's Global Procurement Initiative,
and representatives of the Department of the Treasury's Office of
Technical Assistance, shall consult with representatives of the private
sector and nongovernmental organizations in the United States, Latin
America, and the Caribbean.
(d) Briefing Requirement.--Not later than 1 year after the date of
the enactment of this Act, and every 180 days thereafter, the Secretary
of State shall provide a briefing regarding the initiatives described
in subsection (b) to--
(1) the Committee on Foreign Relations of the Senate; and
(2) the Committee on Foreign Affairs of the House of
Representatives.
(e) Baseline Assessment.--Not later than 180 days after the date of
the enactment of this Act, the Secretary of State shall submit a report
to the congressional committees referred to in subsection (d) that
assesses, based on credible indices of the performance of the rule of
law (including the World Justice Project's Rule of Law Index), the
progress made by Latin American and Caribbean governments toward
strengthening the rule of law, reducing corruption, and creating
greater transparency in business practices, including through--
(1) standardizing and regulating procurement practices; and
(2) streamlining, modernizing, and digitizing records for
public procurement and customs duties.
(f) Authorization of Appropriations.--
(1) In general.--There is authorized to be appropriated to
the Secretary of State for fiscal year 2021, $5,000,000 to
carry out the activities set forth in subsections (b) and (c).
(2) Notification requirements.--Amounts appropriated
pursuant to paragraph (1) are subject to the notification
requirements applicable to expenditures from the Economic
Support Fund under section 531(c) of the Foreign Assistance Act
of 1961 (22 U.S.C. 2346(c)) to the extent that such funds are
expended.
SEC. 105. PROMOTING THE RULE OF LAW IN DIGITAL GOVERNANCE.
(a) Sense of Congress.--It is the sense of Congress that United
States engagement with Latin America and the Caribbean regarding
digital infrastructure and security should--
(1) help protect privacy, civil liberties, and human
rights; and
(2) strengthen institutions aimed at fighting cybercrimes.
(b) In General.--The Secretary of State, in coordination with the
Department of Justice, shall conduct diplomatic engagement to encourage
and facilitate Latin American and Caribbean governments' adoption of
standards to address cybercrimes, such as institutionalizing the
recommendations of the Organization of American States Ninth Meeting of
Ministers of Justice or Other Ministers or Attorneys General of the
Americas Working Group on Cybercrime (December 2016: OEA/Ser. K/XXXIV),
including--
(1) adopting or updating procedural measures and
legislation necessary to ensure the collection and safe custody
of all forms of electronic evidence and their admissibility in
criminal proceedings and trials and to enable States to assist
one another in matters involving electronic evidence, with due
regard for rights to privacy and due process;
(2) developing and implementing national strategies to
deter, investigate, and prosecute cybercrime as part of a
broader and more coordinated effort to protect the information
technology systems and networks of citizens, businesses, and
governments;
(3) continuing to develop partnerships among Latin American
and Caribbean officials responsible for preventing,
investigating, and prosecuting such crimes, and the private
sector, in order to streamline and improve the procurement of
information in the context of mutual assistance proceedings;
and
(4) working, in cooperation with like-minded democracies in
international organizations, to advance standards for digital
governance and promote a free and open internet.
(c) Semiannual Briefing Requirement.--Not later than 180 days after
the date of the enactment of this Act, and every 180 days thereafter
until the date that is 5 years after such date of enactment, the
Secretary of State shall brief the Committee on Foreign Relations of
the Senate and the Committee on Foreign Affairs of the House of
Representatives regarding the diplomatic engagement described in
subsection (b).
SEC. 106. INVESTING IN PROJECTS THAT STRENGTHEN THE REGION'S DIGITAL
INFRASTRUCTURE.
(a) Findings.--Congress makes the following findings:
(1) According to a 2016 report by the Organization for
Economic Cooperation and Development, ``Working Paper No. 334:
Harnessing the Digital Economy for Developing Countries''--
(A) the digital economy fosters growth and
productivity and supports inclusive development by
improving accessibility for previously marginalized
groups;
(B) access to digital infrastructure can provide
these groups with a whole range of markets and
services, including education, peer-to-peer lending, e-
government, the sharing economy, crowdfunding, and
online job matching services; and
(C) adoption and usage of digital technologies
raises the productivity of capital and labor, enables
the participation in global value chains, and
contributes to greater inclusion by lowering
transaction costs and expanding access to information.
(2) According to the Inter-American Development Bank, the
combination of high rates of financial exclusion and high
mobile penetration and technological innovation represents a
great opportunity to use technology to enable financial
services to reach a part of the population in Latin America
that has been underserved by traditional financial services.
(b) Digital Infrastructure Access and Security Strategy.--Not later
than 180 days after the date of the enactment of this Act, the
Secretary of State, in coordination with relevant Federal agencies,
shall submit to Congress a strategy and implementation plan for
leveraging United States expertise to help Latin American and Caribbean
governments--
(1) develop and secure their digital infrastructure;
(2) protect technological assets, including data privacy;
(3) advance cybersecurity to protect against cybercrime and
cyberespionage; and
(4) create more equal access to economic opportunities for
their citizens.
(c) Challenges.--The strategy described in subsection (b) shall
address--
(1) the severe digital divides between more wealthy urban
centers and rural districts;
(2) the need for protection of citizens' privacy; and
(3) the need to expand existing initiatives to allow
public-private partnerships to increase access to micro-grids
and decentralized electronic systems.
(d) Consultation.--In creating the strategy described in subsection
(b), the Secretary of State shall consult with--
(1) leaders of the United States telecommunication
industry;
(2) other technology experts from nongovernmental
organizations and academia; and
(3) representatives from relevant United States Government
agencies.
(e) Semiannual Briefing Requirement.--Not later than 180 days after
the date of the enactment of this Act, and every 180 days thereafter
until the date that is 5 years after such date of enactment, the
Secretary of State shall brief the Committee on Foreign Relations of
the Senate and the Committee on Foreign Affairs of the House of
Representatives regarding the implementation of the strategy described
in subsection (b).
SEC. 107. COUNTERING FOREIGN CORRUPT PRACTICES IN THE AMERICAS.
(a) In General.--The Secretary of State, working through the
Assistant Secretary of State for Economic and Business Affairs and the
Assistant Secretary of State for International Narcotics and Law
Enforcement Affairs, shall offer to provide technical assistance to
partner governments in Latin America and the Caribbean to assist
members of national legislatures and executive branch officials in
establishing legislative and regulatory frameworks that are similar to
those set forth in--
(1) section 30A of the Securities Exchange Act of 1934 (15
U.S.C. 78dd-1); and
(2) section 104 of the Foreign Corrupt Practices Act of
1977 (15 U.S.C. 78dd-2).
(b) Purposes.--In carrying out subsection (a), the Secretary of
State shall actively encourage partner governments--
(1) to adopt standards similar to those in the Foreign
Corrupt Practices Act of 1977 (title I of Public Law 95-213)
that deter fraudulent business practices and increase
government and private sector accountability in Latin America
and the Caribbean; and
(2) to strengthen the investigative and prosecutorial
capacity of government institutions in Latin America and the
Caribbean to combat fraudulent business practices involving
public officials.
(c) Strategy Requirement.--Not later than 90 days after the date of
the enactment of this Act, the Secretary of State shall submit a
strategy for carrying out the activities described in subsections (a)
and (b) to--
(1) the Committee on Foreign Relations of the Senate;
(2) the Committee on Appropriations of the Senate;
(3) the Committee on Foreign Affairs of the House of
Representatives; and
(4) the Committee on Appropriations of the House of
Representatives.
(d) Consultation.--In formulating the strategy described in
subsection (c), the Secretary of State shall consult with the Secretary
of the Treasury and the Attorney General.
(e) Semiannual Briefing Requirement.--Not later than 180 days after
the date of the enactment of this Act, and every 180 days thereafter
until the date that is 5 years after such date of enactment, the
Secretary of State shall provide a briefing regarding the activities
described in subsections (a) and (b) and the strategy submitted under
subsection (c) to--
(1) the Committee on Foreign Relations of the Senate; and
(2) the Committee on Foreign Affairs of the House of
Representatives.
(f) Authorization of Appropriations.--
(1) In general.--There is authorized to be appropriated
$10,000,000 to the Department of State for fiscal year 2021--
(A) to carry out the activities set forth in
subsections (a) and (b); and
(B) to develop the strategy submitted under
subsection (c).
(2) Notification requirements.--Amounts appropriated
pursuant to paragraph (1) are subject to the notification
requirements applicable to expenditures from the Economic
Support Fund under section 531(c) of the Foreign Assistance Act
of 1961 (22 U.S.C. 2346(c)) and the International Narcotics and
Law Enforcement Fund under section 489 of the Foreign
Assistance Act of 1961 (22 U.S.C. 2291h), to the extent that
such funds are expended.
SEC. 108. COUNTERING MALIGN BUSINESS PRACTICES.
(a) Findings.--Congress makes the following findings:
(1) China has demonstrated a pattern of exploiting
international norms and domestic laws in foreign states to its
benefit, while ignoring such laws and norms when they interfere
with China's perceived national interests.
(2) China has demonstrated a pattern of bribing foreign
government officials to ensure that it receives favorable terms
on infrastructure deals and overstates the benefits or
underplays the risks of proposed infrastructure projects.
(b) Aliens Ineligible for Visas, Admission, or Parole.--An alien
described in this subsection is an alien whom the Secretary of State or
the Secretary of Homeland Security (or a designee of either Secretary)
knows, or has reason to believe, is engaging or has engaged in acts of
significant corruption in a country in Latin America or the Caribbean
with representatives of, or on behalf of, the Government of China, a
Chinese state-owned entity, or a Chinese private sector entity.
(c) Visas, Admission, or Parole.--An alien described in subsection
(b) is--
(1) inadmissible to the United States;
(2) ineligible to receive a visa or other documentation to
enter the United States; and
(3) otherwise ineligible to be admitted or paroled into the
United States or to receive any benefit under the Immigration
and Nationality Act (8 U.S.C. 1101 et seq.).
(d) Current Visas Revoked.--
(1) In general.--An alien described in subsection (b) is
subject to revocation of any visa or other entry documentation
regardless of when the visa or other entry documentation is or
was issued.
(2) Immediate effect.--A revocation under paragraph (1)--
(A) shall take effect immediately; and
(B) shall automatically cancel any other valid visa
or entry documentation that is in the alien's
possession.
(e) Exceptions.--Sanctions under subsections (c) and (d) shall not
apply with respect to an alien if admitting or paroling the alien into
the United States is necessary--
(1) to permit the United States to comply with the
Agreement regarding the Headquarters of the United Nations,
signed at Lake Success June 26, 1947, and entered into force
November 21, 1947, between the United Nations and the United
States, or other applicable international obligations; or
(2) to carry out or assist law enforcement activity in the
United States.
(f) National Security.--The President may waive the application of
this section with respect to an alien if the President--
(1) determines that such a waiver is in the national
security interest of the United States; and
(2) submits a notice of, and justification for, such waiver
to the appropriate congressional committees.
SEC. 109. PROMOTING GREATER ENERGY SECURITY.
(a) Policy Statement.--It is the policy of the United States to
help Caribbean countries--
(1) achieve greater energy security; and
(2) lower their dependence on imported fuels.
(b) Strategy Requirement.--Not later than 120 days after the date
of the enactment of this Act, the Secretary of State shall submit a
multi-year strategy to the Committee on Foreign Relations of the Senate
and the Committee on Foreign Affairs of the House of Representatives
for regional cooperation with Caribbean countries--
(1) to lower the region's dependence on imported fuels,
grow the region's domestic energy production for the generation
of electricity, and strengthen regional energy security;
(2) to lower the region's dependence on oil in the
transportation sector;
(3) to increase the region's energy efficiency, energy
conservation, and investment in alternatives to imported fuels;
(4) to improve grid reliability and modernize electricity
transmission networks;
(5) to advance deployment of innovative solutions to expand
community and individuals' access to electricity; and
(6) to help reform the region's energy markets to encourage
good regulatory governance and to promote a climate of private
sector investment.
(c) Elements.--The strategy required under subsection (b) shall
include--
(1) a thorough review and inventory of United States
Government activities to promote energy security in the
Caribbean region and to reduce the region's reliance on oil for
electricity generation that are being carried out bilaterally,
regionally, and in coordination with multilateral institutions;
(2) opportunities for marshaling regional cooperation--
(A) to overcome market barriers resulting from the
small size of Caribbean energy markets;
(B) to address the high transportation and
infrastructure costs faced by Caribbean countries;
(C) to ensure greater donor coordination between
governments, multilateral institutions, multilateral
banks, and private investors; and
(D) to expand regional financing opportunities to
allow for lower cost energy entrepreneurship;
(3) measures to encourage each Caribbean government to
ensure that it has--
(A) an independent utility regulator or equivalent;
(B) affordable access by third party investors to
its electrical grid with minimal regulatory
interference;
(C) effective energy efficiency and energy
conservation;
(D) programs to address technical and nontechnical
issues;
(E) a plan to eliminate major market distortions;
(F) cost-reflective tariffs; and
(G) no tariffs or other taxes on clean energy
solutions; and
(4) recommendations for how United States policy,
technical, and economic assistance can be used in the Caribbean
region--
(A) to advance renewable energy development and the
incorporation of renewable technologies into existing
energy grids and the development and deployment of
micro-grids where appropriate and feasible;
(B) to create regional financing opportunities to
allow for lower cost energy entrepreneurship;
(C) to deploy transaction advisors in the region to
help attract private investment and break down any
market or regulatory barriers; and
(D) to establish a mechanism for each host
government to have access to independent legal advice--
(i) to speed the development of energy-
related contracts; and
(ii) to better protect the interests of
Caribbean governments and their citizens.
TITLE II--PROMOTING REGIONAL SECURITY AND DIGITAL SECURITY, AND
PROTECTING HUMAN RIGHTS IN THE AMERICAS
SEC. 201. ENSURING THE INTEGRITY OF TELECOM AND DATA NETWORKS AND
CRITICAL INFRASTRUCTURE.
(a) Sense of Congress.--It is the sense of Congress that--
(1) allegations of espionage, intellectual property theft,
hacking, and unscrupulous business practices often accompany
the entrance of Chinese companies into a region;
(2) the United States Government should assist Latin
American and Caribbean governments and businesses in developing
their own digital telecommunications networks to render them
less susceptible to Chinese malfeasance; and
(3) strengthening and implementing intellectual property
and cyber governance laws will boost innovation in the Latin
America and the Caribbean.
(b) Technical Assistance.--The Secretary of State, working through
the Office of the Coordinator for Cyber Issues of the Department of
State, and in consultation with the Attorney General, the Director of
the Federal Bureau of Investigation, and the Chief of the International
Bureau of the Federal Communications Commission shall offer to provide
technical assistance to partner governments in Latin America and the
Caribbean to strengthen their capacity to promote digital security,
including--
(1) defending the integrity of digital infrastructure and
digital assets, including data storage systems, such as Cloud
computing, proprietary data, personal information, and
proprietary technologies;
(2) detecting, identifying, and investigating cybercrimes,
including the collection of digital forensic evidence;
(3) developing appropriate enforcement mechanisms for
cybercrimes;
(4) detecting and identifying perpetrators; and
(5) prosecuting cybercrimes and holding perpetrators
accountable for such crimes.
(c) Prioritization.--The Secretary of State, in providing the
technical assistance described in subsection (b), shall prioritize
working with national and regional law enforcement entities,
including--
(1) police forces;
(2) public prosecutors;
(3) attorneys general;
(4) courts; and
(5) other law enforcement and civilian intelligence
entities, as appropriate.
(d) Cyber Defense Assistance.--The Secretary of State, in
coordination with the Commander of the United States Cyber Command and
the Director of National Intelligence, shall offer to provide technical
assistance to strengthen the capacity of partner governments in Latin
America and the Caribbean--
(1) to protect the integrity of their telecom and data
networks and their critical infrastructure;
(2) to build and monitor secure telecom and data networks;
(3) to identify cyber threats and detect and deter cyber
attacks;
(4) to investigate cyber crimes, including the collection
of digital forensic evidence;
(5) to protect the integrity of digital infrastructure and
digital assets, including data storage systems (including Cloud
computing), proprietary data, personal information, and
proprietary technologies;
(6) to plan maintenance, improvements, and modernization in
a coordinated and regular fashion so as to ensure continuity
and safety; and
(7) to protect the digital systems that manage roads,
bridges, ports, and transportation hubs.
(e) Briefing Requirement.--Not later than 180 days after the date
of the enactment of this Act, and every 180 days thereafter, the
Secretary of State shall provide a briefing regarding the technical
assistance described in subsection (b) and (d) to--
(1) the Committee on Foreign Relations of the Senate;
(2) the Committee on the Judiciary of the Senate;
(3) the Committee on Armed Services of the Senate;
(4) the Committee on Foreign Affairs of the House of
Representatives;
(5) the Committee on the Judiciary of the House of
Representatives; and
(6) the Committee on Armed Services of the House of
Representatives.
SEC. 202. ADDRESSING THE RISKS THAT PERVASIVE SURVEILLANCE AND
MONITORING TECHNOLOGIES POSE TO HUMAN RIGHTS.
(a) Findings.--Congress makes the following findings:
(1) According to a 2018 report by Freedom House--
(A) China has stepped up efforts to use digital
media to increase its own power, both inside and
outside of China;
(B) in 2018, for the second year in a row, China
was the worst abuser of internet freedom, and during
that year, the Government of China hosted media
officials from dozens of countries for 2- and 3-week
seminars on its sprawling system of censorship and
surveillance;
(C) Chinese companies have supplied
telecommunications hardware, advanced facial-
recognition technology, and data analytics tools to a
variety of governments with poor human rights records,
which could benefit Chinese intelligence services and
repressive local authorities; and
(D) China's Belt and Road Initiative includes a
``Digital Silk Road'' of Chinese-built fiber-optic
networks that could expose internet traffic to greater
monitoring by local and Chinese intelligence agencies,
given that China is determined to set the technical
standards for how the next generation of traffic is
coded and transmitted.
(2) As part of its engagement with Latin American and
Caribbean governments, China has begun promoting the
installation of pervasive surveillance camera systems, under
the pretext of citizen security, in Bolivia, Ecuador, and
Venezuela, to be financed, designed, installed, and maintained
by companies linked to the Government of China.
(b) Sense of Congress.--It is the sense of Congress that--
(1) China is exporting its model for internal security and
state control of society through advanced technology and
artificial intelligence; and
(2) the adoption of surveillance systems can lead to
breaches of citizens' private information, increased
censorship, violations of civil rights, and harassment of
political opponents.
(c) Diplomatic Engagement.--The Secretary of State shall conduct
diplomatic engagement with governments in Latin America and the
Caribbean--
(1) to help officials identify and mitigate the risks to
civil liberties posed by pervasive surveillance and monitoring
technologies; and
(2) to offer recommendations on ways to mitigate such
risks.
(d) Internet Freedom Programs.--The Chief Executive Officer of the
United States Agency for Global Media, working through the Open
Technology Fund, and the Secretary of State, working through the Bureau
of Democracy, Human Rights, and Labor's office of Internet Freedom and
Business and Human Rights, shall expand and prioritize efforts to
provide anti-censorship technology and services to journalists and
citizens in Latin America, in order to enhance their ability to safely
access or share digital news and information without fear of
repercussions or surveillance.
(e) Support for Civil Society.--The Secretary of State, acting
through the Assistant Secretary of State for Democracy, Human Rights,
and Labor, and in coordination with the Administrator of the United
States Agency for International Development, shall work through
nongovernmental organizations--
(1) to support and promote programs that support internet
freedom and the free flow of information online in Latin
America and the Caribbean;
(2) to protect open, secure, and reliable access to the
internet in Latin America and the Caribbean;
(3) to provide integrated support to civil society for
technology, digital safety, policy and advocacy, and applied
research programs in Latin America and the Caribbean;
(4) to train journalists and civil society leaders in Latin
America and the Caribbean on investigative techniques necessary
to ensure public accountability and prevent government
overreach in the digital sphere; and
(5) to assist independent media outlets and journalists in
Latin America and the Caribbean to build their own capacity and
develop high-impact, in-depth news reports covering governance
and human rights topics.
(f) Briefing Requirement.--Not more than 180 days after the date of
the enactment of this Act, and every 180 days thereafter, the Secretary
of State, the Administrator of the United States Agency for
International Development, and the Chief Executive Officer of the
United States Agency for Global Media shall provide a briefing
regarding the efforts described in subsections (c), (d), and (e) to--
(1) the Committee on Foreign Relations of the Senate;
(2) the Committee on Appropriations of the Senate;
(3) the Committee on Foreign Affairs of the House of
Representatives; and
(4) the Committee on Appropriations of the House of
Representatives.
(g) Authorization of Appropriations.--
(1) In general.--There are authorized to be appropriated
$10,000,000 for fiscal year 2021 to carry out the activities
set forth in subsection (e).
(2) Notification requirements.--Amounts appropriated
pursuant to paragraph (1) are subject to the notification
requirements applicable to expenditures from--
(A) the Economic Support Fund under section 531(c)
of the Foreign Assistance Act of 1961 (22 U.S.C.
2346(c)); and
(B) the Development Assistance Fund under section
653(a) of the Foreign Assistance Act of 1961 (22 U.S.C.
2413(a)).
SEC. 203. REVITALIZING BILATERAL AND MULTILATERAL MILITARY EDUCATION
PROGRAMS.
(a) In General.--The Secretary of State shall dedicate not less
than 17 percent of the amounts appropriated to bilateral and
multilateral military education programs, such as the International
Military Education and Training program, for Latin America and the
Caribbean during the 5-year period beginning on the date of the
enactment of this Act.
(b) Modernization.--The Secretary of State shall take steps to
modernize and strengthen the programs receiving funding under
subsection (a)--
(1) to ensure that such programs are vigorous, substantive,
and the preeminent choice for international military education
and training for Latin American and Caribbean partners.
(c) Required Elements.--The programs referred to under subsection
(a) shall--
(1) provide training and capacity-building opportunities to
Latin American and Caribbean security services;
(2) provide practical skills and frameworks for--
(A) improving the functioning and organization of
security services in Latin America and the Caribbean;
(B) creating a better understanding of the United
States and its values; and
(C) using technology for maximum efficiency and
organization; and
(3) promote and ensure that security services in Latin
America and the Caribbean operate in compliance with
international norms, standards, and rules of engagement,
including a respect for human rights, democracy, and civilian
control.
(d) Limitation.--Security assistance under this section is subject
to the limitations set forth in section 620M of the Foreign Assistance
Act of 1961 (22 U.S.C. 2378d).
TITLE III--ADVANCING THE ROLE OF CIVIL SOCIETY IN LATIN AMERICA AND THE
CARIBBEAN
SEC. 301. COUNTERACTING GROWING CHINESE EDUCATIONAL AND CULTURAL
INFLUENCE IN LATIN AMERICA AND THE CARIBBEAN.
(a) Finding.--According to a report by the National Endowment for
Democracy--
(1) China has spent the equivalent of billions of dollars
to shape public opinion and perceptions around the world
through thousands of people-to-people exchanges, cultural
activities, educational programs, and the development of media
enterprises and information initiatives with global reach;
(2) the aim of Chinese influence efforts is intended to
distract and manipulate the political and information
environments in targeted countries; and
(3) the countries most vulnerable to Chinese efforts are
those in which democratic institutions are weak.
(b) Sense of Congress.--It is the sense of Congress that China's
efforts to mold public opinion and influence educational institutions
on the issues described in subsection (a) undermines United States
influence in Latin America and the Caribbean and threaten democratic
institutions and practices in the region.
(c) Strategy.--The Secretary of State, acting through the Assistant
Secretary of State for Educational and Cultural Affairs, and in
coordination with the Assistant Administrator for the Bureau of
Economic Growth, Education, and Environment at the United States Agency
for International Development, shall devise a strategy--
(1) to expand existing programs and, as necessary, design
and implement educational, professional, and cultural exchanges
and other programs to create and sustain mutual understanding
with other countries necessary to advance United States foreign
policy goals by cultivating people-to-people ties among current
and future global leaders that build enduring networks and
personal relationships and promote United States national
security and values, including the expansion of exchange
visitor programs, such as international visitor leadership
programs and professional capacity building programs that
prioritize building skills in entrepreneurship, promoting
transparency, and technology;
(2) to expand and strengthen existing programs, and, as
necessary, design and implement basic and higher education
programs in Latin America and the Caribbean, in accordance with
the United States Strategy on International Basic Education and
the United States Agency for International Development
Education Policy, to enable all young adults, youth, and
children to acquire the quality education and skills needed to
be productive members in society, which will lead to better
health, economic growth, a sustainable environment, and
peaceful, democratic societies;
(3) to dedicate not less than 18 percent of the budget of
the Bureau of Educational and Cultural Affairs of the
Department of State to carry out the activities described in
paragraph (1); and
(4) to dedicate not less than 8 percent of the budget of
the Education Office of the United States Agency for
International Development to carry out the activities described
in paragraph (2).
(d) Briefing Requirement.--Not later than 180 days after the date
of the enactment of this Act, and every 180 days thereafter, the
Secretary of State, the Assistant Secretary of State for Educational
and Cultural Affairs, and the Assistant Administrator for the Bureau of
Economic Growth, Education, and Environment at the United States Agency
for International Development shall provide a briefing regarding the
efforts described in subsection (c) to--
(1) the Committee on Foreign Relations of the Senate;
(2) the Committee on Appropriations of the Senate;
(3) the Committee on Foreign Affairs of the House of
Representatives; and
(4) the Committee on Appropriations of the House of
Representatives.
SEC. 302. ADVANCING THE ROLE OF CIVIL SOCIETY AND THE MEDIA TO PROMOTE
ACCOUNTABILITY.
(a) In General.--The Secretary of State, acting through the
Assistance Secretary of State for Democracy, Human Rights, and Labor,
the Assistant Secretary of State for Education and Cultural Affairs,
and the Coordinator of the Global Engagement Center, shall expand
existing initiatives and, as necessary, develop and implement new
initiatives that facilitate and strengthen the capacity of civil
society and independent media outlets to increase transparency and
accountability among government and business leaders.
(b) Program Elements.--The initiatives under subsection (a) shall
include--
(1) training for journalists and civil society leaders on
investigative techniques necessary to improve transparency and
accountability in government and the private sector;
(2) training on investigative reporting relating to
incidents of corruption and unfair trade, business and
commercial practices, including the role of the Government of
China in such practices;
(3) training on investigative reporting relating to efforts
the use of misinformation, disinformation, and state media to
influence public opinion in Latin America and the Caribbean,
including the role of the Government of China in such
practices; and
(4) assistance for nongovernmental organizations to
strengthen their capacity to monitor the activities described
in paragraphs (2) and (3).
(c) Consultation.--In developing and implementing the initiatives
under subsection (a), the Secretary of State shall consult with--
(1) nongovernmental organizations focused on transparency
and combating corruption, such as Transparency International,
the Latin American and Caribbean chapters of Transparency
International, and similar organizations; and
(2) media organizations that promote investigative
journalism and train organizations in investigative techniques
necessary to ensure public accountability, such as ProPublica,
the Center for Public Integrity, and the International
Consortium of Investigative Journalists.
(d) Semiannual Briefing Requirement.--Not later than 180 days after
the date of the enactment of this Act, and every 180 days thereafter,
the Secretary of State shall provide a briefing regarding the
initiatives under subsection (a) to--
(1) the Committee on Foreign Relations of the Senate; and
(2) the Committee on Foreign Affairs of the House of
Representatives.
(e) Authorization of Appropriations.--
(1) In general.--There is authorized to be appropriated to
the Secretary of State $10,000,000 for fiscal year 2021 to
carry out the initiatives under subsection (a).
(2) Notification requirements.--Amounts appropriated
pursuant to paragraph (1) are subject to the notification
requirements applicable to expenditures from the Economic
Support Fund under section 531(c) of the Foreign Assistance Act
of 1961 (22 U.S.C. 2346(c)) and the International Narcotics and
Law Enforcement Fund under section 489 of the Foreign
Assistance Act of 1961 (22 U.S.C. 2291h), to the extent that
such funds are expended.
TITLE IV--RESOURCING FOR SUCCESS
SEC. 401. APPOINTMENT OF CHINA ENGAGEMENT OFFICERS AT UNITED STATES
EMBASSIES IN THE WESTERN HEMISPHERE.
(a) In General.--The Secretary of State shall direct the Chiefs of
Mission at United States Embassies and Consulates in Latin America and
the Caribbean, including Cuba, to designate a China Engagement Officer,
from among existing staff at the Post, to monitor and report on Chinese
activities related to diplomatic engagement, economic investment,
critical infrastructure, cybersecurity, surveillance technology,
digital infrastructure, military and security presence and trainings,
intelligence activities, educational and cultural exchanges, education,
and corruption in the respective countries.
(b) Annual Meeting.--The Assistant Secretary for Western Hemisphere
Affairs shall convene an annual meeting (either in person or by video
conference call) of all of the China Engagement Officers designated
pursuant to subsection (a)--
(1) to discuss and compare developments in their individual
countries;
(2) to identify trends in Chinese activities in Latin
America and the Caribbean and its subregions; and
(3) to recommend potential strategies to mitigate or
compete with Chinese activities in the region.
(c) Briefing Requirement.--Concurrent with the annual meeting
described in subsection (b), China Engagement Officers serving in Latin
America and the Caribbean, including Cuba, shall brief--
(1) the Committee on Foreign Relations of the Senate; and
(2) the Committee on Foreign Affairs of the House of
Representatives.
(d) Consultation.--The Assistant Secretary for Western Hemisphere
Affairs and the China Engagement Officers designated pursuant to
subsection (a) shall be available for consultations with the staff of
the congressional committees referred to in subsection (c).
SEC. 402. ASSESSING STAFFING NEEDS AT UNITED STATES EMBASSIES IN LATIN
AMERICA AND THE CARIBBEAN.
(a) Staffing Assessment.--Not later than 180 days after the date of
the enactment of this Act, the Secretary of State shall submit the
assessments and accompanying reports, if necessary, described in
subsections (b) and (c) to the Committee on Foreign Relations of the
Senate and the Committee on Foreign Affairs of the House of
Representatives.
(b) Foreign Commercial Service Assessment.--
(1) In general.--The Secretary of State, the Administrator
of the United States Agency for International Development, and
the Secretary of Commerce shall prepare a written assessment
that--
(A) determines whether the current staffing levels
of the United States Foreign Commercial Service at all
United States embassies, diplomatic, and development
offices in Latin America and the Caribbean are
sufficient to successfully advance United States
economic policy in Latin America and the Caribbean; and
(B) specifically details the results for each
United States embassy, diplomatic, and development
office in Latin America and the Caribbean.
(2) Accompanying report.--If the assessment under paragraph
(1) reveals insufficient staffing levels, the Secretary of
State, the Administrator of the United States Agency for
International Development, and the Secretary of Commerce shall
submit an accompanying report that--
(A) identifies the costs associated with increasing
the overseas presence of United States Foreign
Commercial Service officers in Latin America and the
Caribbean; and
(B) includes a timeline and strategy for increasing
such staffing levels.
(c) Public Diplomacy Assessment.--
(1) In general.--The Secretary of State shall prepare a
written assessment that--
(A) determines whether the current staffing levels
of Foreign Service public diplomacy officers at all
United States embassies and diplomatic offices in Latin
America and the Caribbean are sufficient--
(i) to successfully advance United States
national interests; and
(ii) to counter misinformation and
disinformation efforts by the Government of
China and the Government of Russia; and
(B) specifically details the results for each
United States embassy and diplomatic office in Latin
America and the Caribbean.
(2) Accompanying report.--If the assessment under paragraph
(1) reveals insufficient staffing levels, the Secretary of
State shall submit an accompanying report that--
(A) identifies the costs associated with increasing
the overseas presence of Foreign Service public
diplomacy officers in Latin America and the Caribbean;
and
(B) includes a timeline and strategy for increasing
such staffing levels.
<all>
Introduced in House
Introduced in House
Referred to the Committee on Foreign Affairs, and in addition to the Committee on the Judiciary, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
Referred to the Committee on Foreign Affairs, and in addition to the Committee on the Judiciary, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
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