[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[S. 3591 Introduced in Senate (IS)]

<DOC>






117th CONGRESS
  2d Session
                                S. 3591

 To strengthen the bilateral partnership between the United States and 
    Ecuador in support of democratic institutions and rule of law, 
      sustainable and inclusive economic growth, and conservation.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

             February 7 (legislative day, February 3), 2022

    Mr. Menendez (for himself, Mr. Risch, Mr. Kaine, and Mr. Rubio) 
introduced the following bill; which was read twice and referred to the 
                     Committee on Foreign Relations

_______________________________________________________________________

                                 A BILL


 
 To strengthen the bilateral partnership between the United States and 
    Ecuador in support of democratic institutions and rule of law, 
      sustainable and inclusive economic growth, and conservation.

    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 ``United States-
Ecuador Partnership Act of 2022''.
    (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. Facilitating economic and commercial ties.
Sec. 5. Promoting inclusive economic development.
Sec. 6. Combating illicit economies, corruption, and negative foreign 
                            influence.
Sec. 7. Strengthening democratic governance.
Sec. 8. Fostering conservation and stewardship.
Sec. 9. Reporting requirements.
Sec. 10. Sunset.

SEC. 2. FINDINGS.

    (a) Findings.--Congress makes the following findings:
            (1) The United States and Ecuador have a history of 
        bilateral cooperation grounded in mutual respect, shared 
        democratic values, and mutual security interests.
            (2) On February 7, 2021, and April 11, 2021, Ecuador held 
        democratic elections that included parties from across the 
        political spectrum, paving the way for continued progress 
        towards strengthening democratic institutions.
            (3) The United States and Ecuador share strategic interests 
        in strengthening Ecuador's democratic institutions, generating 
        inclusive economic growth, and building capacity in law 
        enforcement, anti-corruption, and conservation efforts.
            (4) The United States and Ecuador historically have enjoyed 
        strong commercial, investment, and economic ties, yet Ecuador 
        continues to face significant challenges to inclusive economic 
        development, including--
                    (A) the heavy economic toll of the COVID-19 
                pandemic;
                    (B) vulnerabilities with respect to the growing 
                role of the People's Republic of China in the financing 
                and refinancing of Ecuador's debts, and in strategic 
                infrastructure projects and sectors of the Ecuadorian 
                economy; and
                    (C) the need to develop and strengthen open and 
                transparent economic policies that strengthen Ecuador's 
                integration with global markets, inclusive economic 
                growth, and opportunities for upward social mobility 
                for the Ecuadorian people.
            (5) Since its establishment in December 2019, the United 
        States Development Finance Corporation has provided more than 
        $440,000,000 in financing to Ecuador.
            (6) Ecuador's justice system has taken important steps to 
        fight corruption and criminality and to increase 
        accountability. However, enduring challenges to the rule of law 
        in Ecuador, including the activities of transnational criminal 
        organizations, illicit mining, illegal, unreported, and 
        unregulated (IUU) fishing, and undemocratic actors, present 
        ongoing risks for political and social stability in Ecuador.
            (7) The activities undertaken by the Government of the 
        People's Republic of China in Ecuador, including its 
        development of the ECU-911 video surveillance and facial 
        recognition system, financing of the corruptly managed and 
        environmentally deleterious Coca Codo Sinclair Dam, and support 
        for illegal, unreported, and unregulated fishing practices 
        around the Galapagos Islands, pose risks to democratic 
        governance and biodiversity in the country.
            (8) Ecuador, which is home to several of the Earth's most 
        biodiverse ecosystems, including the Galapagos Islands, the 
        headwaters of the Amazon river, the Condor mountain range, and 
        the Yasuni Biosphere Reserve, has seen a reduction in its 
        rainforests between 1990 and 2016, due in part to the incursion 
        of criminal networks into protected areas.
            (9) On March 24, 2021, the Senate unanimously approved 
        Senate Resolution 22 (117th Congress), reaffirming the 
        partnership between the United States and the Republic of 
        Ecuador, and recognizing the restoration and advancement of 
        economic relations, security, and development opportunities in 
        both nations.
            (10) On August 13, 2021, the United States and Ecuador 
        celebrated the entry into force of the Protocol to the Trade 
        and Investment Council Agreement between the Government of the 
        United States of America and the Government of the Republic of 
        Ecuador Relating to Trade Rules and Transparency, recognizing 
        the steps Ecuador has taken to decrease unnecessary regulatory 
        burden and create a more transparent and predictable legal 
        framework for foreign direct investment in recent years.

SEC. 3. SENSE OF CONGRESS.

    It is the sense of Congress that--
            (1) the United States should take additional steps to 
        strengthen its bilateral partnership with Ecuador, including by 
        developing robust trade and investment frameworks, increasing 
        law enforcement cooperation, renewing the activities of the 
        United States Agency for International Development in Ecuador, 
        and supporting Ecuador's response to and recovery from the 
        COVID-19 pandemic, as necessary and appropriate; and
            (2) strengthening the United States-Ecuador partnership 
        presents an opportunity to advance core United States national 
        security interests and work with other democratic partners to 
        maintain a prosperous, politically stable, and democratic 
        Western Hemisphere that is resilient to malign foreign 
        influence.

SEC. 4. FACILITATING ECONOMIC AND COMMERCIAL TIES.

    The Secretary of State, in coordination with the Secretary of 
Commerce, the United States Trade Representative, the Secretary of the 
Treasury, and the heads of other relevant Federal departments and 
agencies, as appropriate, shall develop and implement a strategy to 
strengthen commercial and economic ties between the United States and 
Ecuador by--
            (1) promoting cooperation and information sharing to 
        encourage awareness of and increase trade and investment 
        opportunities between the United States and Ecuador;
            (2) supporting efforts by the Government of Ecuador to 
        promote a more open, transparent, and competitive business 
        environment, including by lowering trade barriers, implementing 
        policies to reduce trading times, and improving efficiencies to 
        expedite customs operations for importers and exporters of all 
        sizes, in all sectors, and at all entry ports in Ecuador;
            (3) establishing frameworks or mechanisms to review the 
        long-term financial sustainability and security implications of 
        foreign investments in Ecuador in strategic sectors or 
        services;
            (4) establishing competitive and transparent infrastructure 
        project selection and procurement processes in Ecuador that 
        promote transparency, open competition, financial 
        sustainability, and robust adherence to global standards and 
        norms;
            (5) developing programs to help the Government of Ecuador 
        improve efficiency and transparency in customs administration, 
        including through support for the Government of Ecuador's 
        ongoing efforts to digitize its customs process and accept 
        electronic documents required for the import, export, and 
        transit of goods under specific international standards, as 
        well as related training to expedite customs, security, 
        efficiency, and competitiveness;
            (6) spurring digital transformation that would advance--
                    (A) the provision of digitized government services 
                with the greatest potential to improve transparency, 
                lower business costs, and expand citizens' access to 
                public services and public information;
                    (B) the provision of transparent and affordable 
                access to the internet and digital infrastructure; and
                    (C) best practices to mitigate the risks to digital 
                infrastructure by doing business with communication 
                networks and communications supply chains with 
                equipment and services from companies with close ties 
                to or susceptible to pressure from governments or 
                security services without reliable legal checks on 
                governmental powers; and
            (7) identifying, as appropriate, a role for the United 
        States International Development Finance Corporation, the 
        Millennium Challenge Corporation, the United States Agency for 
        International Development, and the United States private sector 
        in supporting efforts to increase private sector investment and 
        strengthen economic prosperity.

SEC. 5. PROMOTING INCLUSIVE ECONOMIC DEVELOPMENT.

    The Administrator of the United States Agency for International 
Development, in coordination with the Secretary of State and the heads 
of other relevant Federal departments and agencies, as appropriate, 
shall develop and implement a strategy and related programs to support 
inclusive economic development across Ecuador's national territory by--
            (1) facilitating increased access to public and private 
        financing, equity investments, grants, and market analysis for 
        small and medium-sized businesses;
            (2) providing technical assistance to local governments to 
        formulate and enact local development plans that invest in 
        Indigenous and Afro-Ecuadorian communities;
            (3) connecting rural agricultural networks, including 
        Indigenous and Afro-Ecuadorian agricultural networks, to 
        consumers in urban centers and export markets, including 
        through infrastructure construction and maintenance programs 
        that are subject to audits and carefully designed to minimize 
        potential environmental harm;
            (4) partnering with local governments, the private sector, 
        and local civil society organizations, including organizations 
        representing marginalized communities and faith-based 
        organizations, to provide skills training and investment in 
        support of initiatives that provide economically viable, legal 
        alternatives to participating in illegal economies; and
            (5) connecting small scale fishing enterprises to consumers 
        and export markets, in order to reduce vulnerability to 
        organized criminal networks.

SEC. 6. COMBATING ILLICIT ECONOMIES, CORRUPTION, AND NEGATIVE FOREIGN 
              INFLUENCE.

    The Secretary of State shall develop and implement a strategy and 
related programs to increase the capacity of Ecuador's justice system 
and law enforcement authorities to combat illicit economies, 
corruption, transnational criminal organizations, and the harmful 
influence of malign foreign and domestic actors by--
            (1) providing technical assistance and support to 
        specialized units within the Attorney General's office to 
        combat corruption and to promote and protect internationally 
        recognized human rights in Ecuador, including the Transparency 
        and Anti-Corruption Unit, the Anti-Money Laundering Unit, the 
        Task Force to Combat Corruption in Central America, and the 
        Environmental Crimes Unit;
            (2) strengthening bilateral assistance and complementary 
        support through multilateral anti-corruption mechanisms, as 
        necessary and appropriate, to counter corruption and recover 
        assets derived from corruption, including through strengthening 
        independent inspectors general to track and reduce corruption;
            (3) improving the technical capacity of prosecutors and 
        financial institutions in Ecuador to combat corruption by--
                    (A) detecting and investigating suspicious 
                financial transactions, and conducting asset 
                forfeitures and criminal analysis; and
                    (B) combating money laundering, financial crimes, 
                and extortion;
            (4) providing technical assistance and material support 
        (including, as appropriate, radars, vessels, and communications 
        equipment) to vetted specialized units of Ecuador's national 
        police and the armed services to disrupt, degrade, and 
        dismantle organizations involved in illicit narcotics 
        trafficking, transnational criminal activities, illicit mining, 
        and illegal, unregulated, and unreported fishing, among other 
        illicit activities;
            (5) providing technical assistance to address challenges 
        related to Ecuador's penitentiary and corrections system;
            (6) strengthening the regulatory framework of mining 
        through collaboration with key Ecuadorian institutions, such as 
        the Interior Ministry's Special Commission for the Control of 
        Illegal Mining and the National Police's Investigative Unit on 
        Mining Crimes, and providing technical assistance in support of 
        their law enforcement activities;
            (7) providing technical assistance to judges, prosecutors, 
        and ombudsmen to increase capacity to enforce laws against 
        human smuggling and trafficking, illicit mining, illegal 
        logging, illegal, unregulated, and unreported (IUU) fishing, 
        and other illicit economic activities;
            (8) providing support to the Government of Ecuador to 
        prevent illegal, unreported, and unregulated fishing, including 
        through expanding detection and response capabilities, and the 
        use of dark vessel tracing technology;
            (9) supporting multilateral efforts to stem illegal, 
        unreported, and unregulated fishing with neighboring countries 
        in South America and within the South Pacific Regional 
        Fisheries Management Organisation;
            (10) assisting the Government of Ecuador's efforts to 
        protect defenders of internationally recognized human rights, 
        including through the work of the Office of the Ombudsman of 
        Ecuador, and by encouraging the inclusion of Indigenous and 
        Afro-Ecuadorian communities and civil society organizations in 
        this process;
            (11) supporting efforts to improve transparency, uphold 
        accountability, and build capacity within the Office of the 
        Comptroller General;
            (12) enhancing the institutional capacity and technical 
        capabilities of defense and security institutions of Ecuador to 
        conduct national or regional security missions, including 
        through regular bilateral and multilateral cooperation, foreign 
        military financing, international military education, and 
        training programs, consistent with applicable Ecuadorian laws 
        and regulations;
            (13) enhancing port management and maritime security 
        partnerships to disrupt, degrade, and dismantle transnational 
        criminal networks and facilitate the legitimate flow of people, 
        goods, and services; and
            (14) strengthening cybersecurity cooperation--
                    (A) to effectively respond to cybersecurity 
                threats, including state-sponsored threats;
                    (B) to share best practices to combat such threats;
                    (C) to help develop and implement information 
                architectures that respect individual privacy rights 
                and reduce the risk that data collected through such 
                systems will be exploited by malign state and non-state 
                actors;
                    (D) to strengthen resilience against cyberattacks, 
                misinformation, and propaganda; and
                    (E) to strengthen the resilience of critical 
                infrastructure.

SEC. 7. STRENGTHENING DEMOCRATIC GOVERNANCE.

    (a) Strengthening Democratic Governance.--The Secretary of State, 
in coordination with the Administrator of the United States Agency for 
International Development, should develop and implement initiatives to 
strengthen democratic governance in Ecuador by supporting--
            (1) measures to improve the capacity of national and 
        subnational government institutions to govern through 
        transparent, inclusive, and democratic processes;
            (2) efforts that measurably enhance the capacity of 
        political actors and parties to strengthen democratic 
        institutions and the rule of law;
            (3) initiatives to strengthen democratic governance, 
        including combating political, administrative, and judicial 
        corruption and improving transparency of the administration of 
        public budgets; and
            (4) the efforts of civil society organizations and 
        independent media--
                    (A) to conduct oversight of the Government of 
                Ecuador and the National Assembly of Ecuador;
                    (B) to promote initiatives that strengthen 
                democratic governance, anti-corruption standards, and 
                public and private sector transparency; and
                    (C) to foster political engagement between the 
                Government of Ecuador, including the National Assembly 
                of Ecuador, and all parts of Ecuadorian society, 
                including women, indigenous communities, and Afro-
                Ecuadorian communities.
    (b) Legislative Strengthening.--The Administrator of the United 
States Agency for International Development, working through the 
Consortium for Elections and Political Process Strengthening or any 
equivalent or successor mechanism, shall develop and implement programs 
to strengthen the National Assembly of Ecuador by providing training 
and technical assistance to--
            (1) members and committee offices of the National Assembly 
        of Ecuador, including the Ethics Committee and Audit Committee;
            (2) assist in the creation of entities that can offer 
        comprehensive and independent research and analysis on 
        legislative and oversight matters pending before the National 
        Assembly, including budgetary and economic issues; and
            (3) improve democratic governance and government 
        transparency, including through effective legislation.
    (c) Bilateral Legislative Cooperation.--To the degree practicable, 
in implementing the programs required under subsection (b), the 
Administrator of the United States Agency for International Development 
should facilitate meetings and collaboration between members of the 
United States Congress and the National Assembly of Ecuador.

SEC. 8. FOSTERING CONSERVATION AND STEWARDSHIP.

    The Administrator of the United States Agency for International 
Development, in coordination with the Secretary of State and the heads 
of other relevant Federal departments and agencies, shall develop and 
implement programs and enhance existing programs, as necessary and 
appropriate, to improve ecosystem conservation and enhance the 
effective stewardship of Ecuador's natural resources by--
            (1) providing technical assistance to Ecuador's Ministry of 
        the Environment to safeguard national parks and protected 
        forests and protected species, while promoting the 
        participation of Indigenous communities in this process;
            (2) strengthening the capacity of communities to access the 
        right to prior consultation, encoded in Article 57 of the 
        Constitution of Ecuador and related laws, executive decrees, 
        administrative acts, and ministerial regulations;
            (3) supporting Indigenous and Afro-Ecuadorian communities 
        as they raise awareness of threats to biodiverse ancestral 
        lands, including through support for local media in such 
        communities and technical assistance to monitor illicit 
        activities;
            (4) partnering with the Government of Ecuador in support of 
        reforestation and improving river, lake, and coastal water 
        quality;
            (5) providing assistance to communities affected by illegal 
        mining and deforestation; and
            (6) fostering mechanisms for cooperation on emergency 
        preparedness and rapid recovery from natural disasters, 
        including by--
                    (A) establishing regional preparedness, recovery, 
                and emergency management centers to facilitate rapid 
                response to survey and help maintain planning on 
                regional disaster anticipated needs and possible 
                resources; and
                    (B) training disaster recovery officials on latest 
                techniques and lessons learned from United States 
                experiences.

SEC. 9. REPORTING REQUIREMENTS.

    (a) Secretary of State.--The Secretary of State, in coordination 
with the heads of other relevant Federal departments and agencies as 
described in sections 4, 6, and 7(a), shall--
            (1) not later than 180 days after the date of the enactment 
        of this Act, submit to the appropriate congressional committees 
        a comprehensive strategy to address the requirements described 
        in sections 4, 6, and 7(a); and
            (2) not later than 2 years and 4 years after submitting the 
        comprehensive strategy under paragraph (1), submit to the 
        appropriate congressional committees a report describing the 
        implementation of the strategy.
    (b) Administrator of the United States Agency for International 
Development.--The Administrator of the United States Agency for 
International Development, in coordination with the heads of other 
relevant Federal departments and agencies as described in sections 5, 
7(b), and 8, shall--
            (1) not later than 180 days after the date of the enactment 
        of this Act, submit to the appropriate congressional committees 
        a comprehensive strategy to address the requirements described 
        in sections 4, 7(b), and 8; and
            (2) not later than 2 years and 4 years after submitting the 
        comprehensive strategy under paragraph (1), submit to the 
        appropriate congressional committees a report describing the 
        implementation of the strategy.
    (c) Submission.--The strategies and reports required under 
subsections (a) and (b) may be submitted to the appropriate 
congressional committees as joint strategies and reports.
    (d) Appropriate Congressional Committees.--In this Act, the term 
``appropriate congressional committees'' means the Committee on Foreign 
Relations of the Senate and the Committee on Foreign Affairs of the 
House of Representatives.

SEC. 10. SUNSET.

    This Act shall terminate on the date that is 5 years after the date 
of the enactment of this Act.
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