117 S4334 IS: United States-Colombia Bicentennial Alliance Act
U.S. Senate
2022-05-26
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.
II
117th CONGRESS
2d Session
S. 4334
IN THE SENATE OF THE UNITED STATES
May 26, 2022
Mr. Menendez (for himself, Mr. Blunt, Mr. Kaine, Mr. Wicker, Mr. Cardin, and Mr. Moran) introduced the following bill; which was read twice and referred to the Committee on Foreign Relations
A BILL
To support the advancement of inclusive economic growth, democratic governance, peace, and security in Colombia, and for other purposes.
1.

Short title; table of contents
(a)

Short title
This Act may be cited as the “United States-Colombia Bicentennial Alliance Act”.
(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. Designation of Colombia as a major non-NATO ally.
TITLE I—Supporting inclusive economic growth
Sec. 101. Colombian-American Enterprise Fund.
Sec. 102. Strategy for promoting and strengthening nearshoring in the Western Hemisphere.
Sec. 103. United States-Colombia Labor Compact.
Sec. 104. Supporting efforts to combat corruption.
Sec. 105. Increasing English language proficiency.
Sec. 106. Partnership for STEM education.
Sec. 107. Supporting women and girls in science and technology.
TITLE II—Advancing peace and democratic governance in Colombia
Sec. 201. Supporting peace and justice.
Sec. 202. Advancing integrated rural development.
Sec. 203. Empowering Afro-Colombian and Indigenous communities in Colombia.
Sec. 204. Protecting human rights defenders.
TITLE III—Strengthening security cooperation
Sec. 301. Establishment of United States-Colombia security consultative committee.
Sec. 302. Cooperation on cyber defense and combating cyber crimes.
Sec. 303. Classified report on the activities of certain terrorist and criminal groups.
Sec. 304. Counternarcotics and rural security strategy.
Sec. 305. Classified report on the malicious activities of state actors in the Andean region.
Sec. 306. Protecting and countering illicit activities in tropical forests.
Sec. 307. Public-private partnership to build responsible gold value chains.
TITLE IV—Addressing humanitarian needs
Sec. 401. Colombia Relief and Development Coherence Strategy.
Sec. 402. Assessment of healthcare infrastructure needs in rural areas.
2.

Findings
Congress makes the following findings:
(1)
On June 19, 2022, the United States and Colombia will celebrate 200 years of formal diplomatic relations, commemorating the United States Congress’ recognition of the independence of Colombia.
(2)
On May 15, 2022, the United States and Colombia will celebrate 10 years since the entry into force of the United States-Colombia Trade Promotion Agreement, which has contributed to economic growth in both the United States and Colombia.
(3)
On July 13, 2000, the United States and Colombia launched Plan Colombia, an ambitious bilateral strategy that strengthened Colombia’s institutions and capacity to combat drug trafficking, organized crime, and violence, and promote rule of law.
(4)
On February 4, 2016, the United States and Colombia launched a new chapter in bilateral security cooperation between the two countries through the announcement of Peace Colombia, the successor strategy to Plan Colombia aimed at supporting Colombia’s consolidation of peace, democratic governance, and security.
(5)
To implement Plan Colombia and its successor strategies, the United States Congress has appropriated more than $12,000,000,000 since 2000. The Government of Colombia has contributed more than 90 percent of the total costs of the implementation of Plan Colombia.
(6)
Increased military and security cooperation through Plan Colombia and Peace Colombia has helped Colombia expand and professionalize its police and armed forces.
(7)
The United States and Colombia have entered into formal partnerships with governments throughout Latin America and the Caribbean to bolster hemispheric security cooperation through the United States-Colombia Action Plan on Regional Security Cooperation (USCAP).
(8)
In May 2017, Colombia became the first Latin American partner of the North Atlantic Treaty Organization.
(9)
Colombia is the second most biodiverse country on Earth and is home to 10 percent of the world’s flora and fauna.
(10)
Colombia hosts more than 1,800,000 refugees from Venezuela. In addition, Colombia has a population of 8,100,000 registered victims of internal displacement since 1985.
(11)
Colombia is the United States third largest trade partner in Latin America, with United States goods and services trade with Colombia totaling an estimated $40,700,000,000 in 2019.
(12)
The Government of Colombia is a strong advocate for democratic governance in Latin America and the Caribbean, publicly condemning ongoing violations of civil liberties and human rights in Cuba, Nicaragua, and Venezuela.
(13)
The Government of Colombia has been an active participant in global peacekeeping and peacebuilding missions, including the United Nations Stabilization Mission in Haiti (MINUSTAH), the United Nations Integrated Peacebuilding Office in Sierra Leone (UNOSIL), and the Multinational Force and Observers in the Sinai, since 1979.
(14)
In February 2021, Colombian President Ivan Duque announced he would grant temporary protected status to nearly 1,800,000 Venezuelan refugees in the country.
3.

Designation of Colombia as a major non-NATO ally
Section 517 of the Foreign Assistance Act of 1961 (22 U.S.C. 2321k) is amended by adding at the end the following new subsection:
“(c)

Additional designations
(1)

In general
Effective on the date of the enactment of the United States-Colombia Bicentennial Alliance Act, Colombia is designated as a major non-NATO ally for purposes of this Act, the Arms Export Control Act (22 U.S.C. 2751 et seq.), and section 2350a of title 10, United States Code.
(2)

Notice of termination of designation
The President shall notify Congress in accordance with subsection (a)(2) before terminating the designation of a country specified in paragraph (1).”.
I

Supporting inclusive economic growth
101.

Colombian-American Enterprise Fund
(a)

Designation
The President shall designate a private, nonprofit organization (to be known as the “Colombian-American Enterprise Fund”) to receive funds and support made available under this section after determining that such organization has been designated for the purposes specified in subsection (b). The President shall make such designation only after consultation with the leadership of the Committee on Foreign Relations of the Senate and the Committee on Foreign Affairs of the House of Representatives.
(b)

Purposes
The purposes are this section are the purposes described in section 1421(g)(3) of the BUILD Act of 2018 (22 U.S.C. 9621(g)(3)).
(c)

Board of Directors
(1)

Appointment
The Colombian-American Enterprise Fund shall be governed by a Board of Directors pursuant to paragraphs (5) and (6) of section 1421(g) of the BUILD Act of 2018 (22 U.S.C. 9621(g)).
(2)

United States Government liaison to the Board
The President shall appoint the United States Ambassador to Colombia, or the Ambassador’s designee, as a liaison to the Board. The liaison appointed under this paragraph shall not have any voting authority.
(3)

Nongovernment liaisons to the Board
(A)

In general
Upon the recommendation of the Board of Directors, the President may appoint up to 2 additional liaisons to the Board of Directors in addition to the liaison specified in paragraph (2), of which not more than 1 may be a noncitizen of the United States. A liaison appointed under this subparagraph shall not have any voting authority.
(B)

NGO community
One of the additional liaisons to the Board should be from the nongovernmental organization community, with significant prior experience in development financing and an understanding of development policy priorities for Colombia.
(C)

Technical expertise
One of the additional liaisons to the Board should have extensive demonstrated industry, sector, or technical experience and expertise in a priority investment sector described in subsection (e) for the Colombia-American Enterprise Fund.
(d)

Grants
The President is authorized to use $200,000,000 in funds appropriated by any Act, in this fiscal year or prior fiscal years, making appropriations for the Department of State, foreign operations, and related programs, including funds previously obligated, that are otherwise available for such purposes, notwithstanding any other provision of law—
(1)
to carry out the purposes set forth in subsection (b) through the Colombian-American Enterprise Fund in accordance with section 1421(g)(4)(A) of the BUILD Act of 2018 (22 U.S.C. 9621(g)(4)(A)); and
(2)
to pay for the administrative expenses of the Colombian-American Enterprise Fund, in accordance with the limitation under section 1421(g)(4)(B) of the BUILD Act of 2018 (22 U.S.C. 9621(g)(4)(B)).
(e)

Prioritization
In carrying out the purposes of the Colombian-American Enterprise Fund described in subsection (b), the Board of Directors shall not be prohibited from making investments, grants, and expenditures in any economic sector, but shall prioritize such activities in the following sectors:
(1)
Not less than 35 percent of the investments, grants, and expenditures of the Colombian-American Enterprise Fund shall go to projects and activities of small- and medium-sized businesses in Colombia working to close the digital divide, enabling digital transformation, and developing and applying advanced digital technologies, including big data, artificial intelligence, and the Internet of things.
(2)
Not less than 50 percent of the investments, grants, and expenditures, of the Colombian-American Enterprise Fund shall go to small- and medium-sized businesses owned by women.
(3)
Small- and medium-sized businesses dedicated to advancing the growth, sustainability, modernization, and formalization of Colombia’s agriculture sector.
(f)

Notification
Not later than 15 days before designating an organization to operate as the Colombia-American Enterprise Fund pursuant to subsection (a), the President shall notify the Chairmen and Ranking Members of the appropriate congressional committees of—
(1)
the identity of the organization to be designated to operate as the Colombian-American Enterprise Fund;
(2)
the names and qualifications of the individuals who will comprise the initial Board of Directors; and
(3)
the amount of the grant intended to fund the Colombian-American Enterprise Fund.
(g)

Briefing
Not later than one year after the designation of the Fund, and annually thereafter, the President shall brief the appropriate congressional committees on—
(1)
a summary of the Fund’s beneficiaries;
(2)
progress by the Fund in achieving the purposes set forth in subsection (b);
(3)
recommendations on how the Fund can better achieve the purposes set forth in subsection (b); and
(4)
the reporting requirements described in subsection (h).
(h)

Compliance
The Colombian-American Enterprise Fund shall be subject to the reporting and oversight requirements described in paragraphs (7) and (8) of section 1421(g) of the BUILD Act of 2018 (22 U.S.C. 9621(g)), respectively.
(i)

Best practices
(1)

In general
To the maximum extent practicable, the Board of Directors of the Colombian-American Enterprise Fund should adopt the best practices and procedures used by other American Enterprise Funds, including those for which funding has been made available pursuant to section 201 of the Support for East European Democracy (SEED) Act of 1989 (22 U.S.C. 5421).
(2)

Implementation
In implementing this section, the President shall ensure that the articles of incorporation of the Colombia-American Enterprise Fund (including provisions specifying the responsibilities of the Board of Directors of the Fund) and the terms of United States Government grant agreements with the Fund are, to the maximum extent practicable, consistent with the articles of incorporation and the terms of grant agreements established for other American Enterprise Funds, including those established pursuant to section 201 of the Support for East European Democracy (SEED) Act of 1989 (22 U.S.C. 5421) and comparable provisions of law.
(j)

Return of funds to Treasury
Any funds resulting from the liquidation, dissolution, or winding up of the Colombian-American Enterprise Fund, in whole or in part, shall be returned to the Treasury of the United States.
(k)

Termination
The Colombian-American Enterprise Fund shall terminate on—
(1)
the date that is 10 years after the date of the first expenditure of amounts from the fund; or
(2)
the date on which the fund is liquidated.
102.

Strategy for promoting and strengthening nearshoring in the Western Hemisphere
(a)

Strategy
The Secretary of State, in coordination with the United States Agency for International Development and the United States International Development Finance Corporation, and the heads of all other relevant Federal departments and agencies, shall develop and implement a strategy to increase supply chain resiliency and security by promoting and strengthening nearshoring efforts to foster economic growth in the Americas and relocate supply chains from the People’s Republic of China to the Western Hemisphere.
(b)

Elements
The strategy required under subsection (a) shall—
(1)
be informed by consultations with—
(A)
the governments of allies and partners in the Western Hemisphere; and
(B)
labor organizations, trade unions, and companies and other private sector enterprises in the United States;
(2)
provide a description of how reshoring and nearshoring initiatives can be pursued in a complementary fashion to strengthen United States national interests, including an assessment of how nearshoring initiatives can expand opportunities for coproduction and other cooperative business ventures between United States and regional entities;
(3)
include an assessment of the status and effectiveness of current efforts by regional governments, multilateral development banks, and the private sector to promote nearshoring to the Western Hemisphere, major challenges hindering such efforts, and how the United States can strengthen the effectiveness of such efforts;
(4)
identify countries and sectors within Latin America and the Caribbean with comparative advantages for sourcing and manufacturing critical goods and countries with the greatest nearshoring opportunities;
(5)
identify how activities by the United States Agency for International Development and the United States International Development Finance Corporation can effectively be leveraged to strengthen and promote nearshoring to Latin America and the Caribbean;
(6)
require that the Department of the Treasury and the United States Trade and Development Agency work with United States firms to identify barriers that inhibit them from committing capital or financing projects and provide a description for how the United States Government can work with Latin American and Caribbean countries to address these barriers;
(7)
advance diplomatic initiatives to secure specific national commitments by governments in Latin America and the Caribbean to undertake efforts to create favorable conditions for nearshoring in the region, including commitments to develop formalized national nearshoring strategies, address corruption and rule of law concerns, modernize digital and physical infrastructure, lower trade barriers, raise labor and environmental standards, improve ease of doing business, and finance and incentivize nearshoring initiatives;
(8)
advance diplomatic initiatives to harmonize standards and regulations, especially among existing United States free trade partners, expedite customs operations, facilitate economic integration in the region, strengthen legal regimes and monitoring and enforcement measures relating to labor standards, and ensure that nearshoring initiatives are consistent with efforts to improve supply chain energy efficiency, reduce the energy used to transport global goods, and advance environmental sustainability; and
(9)
develop and implement programs to finance, incentivize, or otherwise promote nearshoring to the Western Hemisphere in accordance with the findings made pursuant to paragraphs (3), (4), and (5), including, at minimum, programs to develop physical and digital infrastructure, promote transparency in procurement processes, provide technical assistance in implementing national nearshoring strategies, support capacity building to strengthen labor and environmental standards, mobilize private investment, and secure commitments by private entities to relocate supply chains from the People’s Republic of China to the Western Hemisphere.
(c)

Coordination with multilateral development banks
In implementing the strategy required under subsection (a), the Secretary of State and the heads of all other relevant Federal departments and agencies shall coordinate with the United States Executive Directors of the Inter-American Development Bank and the World Bank.
(d)

Prioritization
As part of the effort described in this section, the Secretary of State shall prioritize Colombia.
(e)

Annual report
Not later than 180 days after the date of the enactment of this Act, and annually thereafter for a period of 5 years, the Secretary of State shall submit to the Committee on Foreign Relations of the Senate and the Committee on Foreign Affairs of the House of Representatives a report on the strategy required under subsection (a) and progress made in its implementation.
103.

United States-Colombia Labor Compact
(a)

Compact authority
The Secretary of State, in coordination with the Secretary of Labor and the United States Trade Representative, is authorized to enter into a bilateral agreement of not less than 7 years in duration with the Government of Colombia to continue strengthening labor rights, labor policies, and labor competitiveness in the country. The agreement shall be known as the “United States-Colombia Labor Compact” (referred to in this section as the “Compact”).
(b)

Compact elements
The Compact shall establish a multi-year strategy to—
(1)
address the findings in the 2021 Executive Report of the Misión de Empleo de Colombia;
(2)
further advance the objectives set forth under the related goals of the 2016 peace accord and the Colombian Action Plan Related to Labor Rights of April 7, 2011 (referred to in this section as the “Labor Action Plan”);
(3)
promote labor formalization in Colombia;
(4)
protect internationally recognized labor rights, including with respect to freedom of association, elimination of all forms of forced or compulsory labor, prohibitions on child labor, and acceptable work conditions;
(5)
address and prevent violence against labor organizations and trade unions and prosecute the perpetrators of such violence; and
(6)
promote competitive labor for Colombia at the level of other international markets, allowing increased job opportunities.
(c)

Strategy requirements
The strategy required under subsection (c) shall—
(1)
be informed by consultations with labor organizations, trade unions, and companies and other private sector enterprises in the United States and Colombia;
(2)
be informed by assessments, including assessments by the Department of Labor’s International Labor Affairs Bureau, of the areas in Colombia experiencing the highest incidence of labor rights violations and violence against labor organizations and trade unions;
(3)
identify clear and measurable goals, objectives, and benchmarks under the Compact to detect, deter, and respond to labor rights violations and violence against labor leaders;
(4)
set out clear roles, responsibilities, and objectives under the Compact, which shall include a description of policies and financial commitments of the United States Government and the Government of Colombia;
(5)
provide for the conduct of an impact evaluation not later than 1 year after the conclusion of the negotiations of the Compact and biannually thereafter;
(6)
provide for a full accounting of all United States funds expended under the Compact, which shall include full audit authority for the Office of the Inspector General of the Department of State, the Office of the Inspector General of the United States Agency for International Development, and the Government Accountability Office, as appropriate; and
(7)
enhance the bilateral coordination through the relevant agencies and the United States labor attaché in Bogota, to facilitate progress in the implementation of the strategy.
(d)

Establishment of Task Force
The President shall establish an interagency task force to advance, monitor, enforce, and evaluate the negotiation and signing of the Compact (referred to in this section as the “Labor Task Force”), which shall consist of—
(1)
the Secretary of State, who shall serve as the Chair;
(2)
the Administrator of the United States Agency for International Development;
(3)
the Secretary of Labor;
(4)
the United States Trade Representative; and
(5)
any other Federal officials as may be designated by the President.
(e)

Activities of the Labor Task Force
The Labor Task Force shall—
(1)
engage with the Government of Colombia to design and implement the Compact;
(2)
engage in consultation and advocacy with nongovernmental organizations, including labor organizations and trade unions in the United States and Colombia, to advance the purposes of this section;
(3)
assess efforts by the United States Government and the Government of Colombia to implement the Compact; and
(4)
establish regular meetings of the Labor Task Force to ensure closer coordination across departments and agencies in the development of policies regarding the Compact.
(f)

Specific focus
The activities described in subsection (f) shall include an in-depth analysis of the impact of the United States-Colombia Trade Promotion Agreement on vulnerable populations, including women and Afro-Colombian, Indigenous, and migrant communities, and recommendations on ways to ensure that those communities are better assisted and protected.
(g)

Congressional notification
Not later than 15 days after entering into a Compact with the Government of Colombia, the Secretary of State, in coordination with the Administrator of the United States Agency for International Development and the Secretary of Labor, shall submit to the Committee on Foreign Relations of the Senate, the Committee on Finance of the Senate, the Committee on Ways and Means of the House of Representatives, and the Committee on Foreign Affairs of the House of Representatives—
(1)
a copy of the proposed Compact; and
(2)
a copy of any annexes, appendices, or implementation plans related to the Compact.
(h)

Reports
Not later than 1 year after entering into a Compact, and annually during the period in which the Compact is in effect, the Secretary of State, in coordination with the Administrator of the United States Agency for International Development, shall submit a report to the Committee on Foreign Relations of the Senate and the Committee on Foreign Affairs of the House of Representatives that describes the progress made under the Compact and includes recommendations for strengthening United States implementation of the Compact.
104.

Supporting efforts to combat corruption
(a)

Technical assistance
The Secretary of State shall engage with the Government of Colombia for the purpose of developing and implementing a multi-year strategy, including through the provision of technical assistance, to combat corruption and address the misuse of public resources. The Secretary of State shall consult with the Administrator of the United States Agency for International Development and the Secretary of the Treasury in the development of the strategy.
(b)

Elements
The strategy required under subsection (a) shall—
(1)
assess the scope of public and private sector corruption in Colombia, including specific cases of significant corruption;
(2)
provide technical assistance for the purposes of combating corruption and increasing transparency in Colombia;
(3)
develop and implement programming at the national and local levels to support investigative journalism, protection of journalists reporting on public and private sector corruption, civil society anti-corruption initiatives;
(4)
consult and advocate with nongovernmental organizations and the private sector to advance the purposes of this section; and
(5)
establish regular United States interagency meetings to ensure closer coordination across United States departments and agencies in the development of policies regarding transparency and corruption in Colombia.
(c)

Briefings
Not later than 180 days after the date of the enactment of this Act, 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 on the strategy required under subsection (a). Not later than 1 year after the briefing on the strategy, and annually thereafter, the Secretary of State shall brief the committees on the implementation of the strategy.
105.

Increasing English language proficiency
(a)

Partnership authorized
The Secretary of State and the Administrator of the United States Agency for International Development are authorized to establish a 5-year public-private partnership to support—
(1)
innovative in-country solutions for improving English language proficiency among primary and secondary school teachers in Colombia;
(2)
the creation of English language accelerator courses, including specialized courses in business and technology; and
(3)
increased educational exchanges between universities in the United States and Colombia.
(b)

Elements
In designing and implementing the partnership authorized under subsection (a), the Secretary of the State and the Administrator of the United States Agency for International Development shall—
(1)
complement ongoing efforts by the Ministry of Education of Colombia and other relevant institutions;
(2)
target teachers from schools in low-income communities and underrepresented communities, including Afro-Colombian and Indigenous communities; and
(3)
consult with the Government of Colombia, civil society, and academia.
(c)

Purpose
The purpose of the partnership authorized under subsection (a) is to increase English language proficiency among primary and secondary school teachers, enhance teachers’ use of emerging digital technologies for English language learning, and ensure continuity of teacher development, thereby increasing student outcomes and the ability of Colombian youth to access higher education and higher quality livelihoods.
(d)

Authorization of appropriations
There is authorized to be appropriated to the United States Agency for International Development $12,000,000 for each of fiscal years 2023 through 2027 for the creation of the partnership authorized under subsection (a).
(e)

Monitoring and evaluation framework
Not later than 1 year after the date of the enactment of this Act, the Secretary of State and the Administrator of the United States Agency for International Development shall jointly submit to the Committee on Foreign Relations of the Senate and the Committee on Foreign Affairs of the House of Representatives a monitoring and evaluation framework that includes objectives and indicators related to the partnership authorized under subsection (a).
(f)

Assessments of partnership impact
Not later than 2 years and 5 years after the date of the enactment of this Act, the Secretary of State and the Administrator of the United States Agency for International Development shall jointly submit to the Committee on Foreign Relations of the Senate and the Committee on Foreign Affairs of the House of Representatives a comprehensive assessment on the impact of the partnership authorized under subsection (a) that uses the monitoring and evaluation framework submitted pursuant to subsection (e).
(g)

Briefing
Not later than 180 days after the date of the enactment of this Act, the Secretary of State and the Administrator of the United States Agency for International Development shall brief the Committee on Foreign Relations of the Senate and the Committee on Foreign Affairs of the House of Representatives regarding the progress achieved in advancing the partnership authorized under subsection (a).
106.

Partnership for STEM education
(a)

In general
The United States Administrator of the United States Agency for International Development shall support Colombia’s Ministry of Education in the development of K–12 STEM curricula, the development of a STEM teacher education and degree program at public schools, and the training of 10,000 new K–12 public school educators, including in underrepresented and Afro-Colombian and Indigenous communities.
(b)

Coordination
In designing and implementing the program required under subsection (a), the Administrator of the United States Agency for International Development shall coordinate with the Chief Executive Officer of the Millennium Challenge Corporation and the Chief Executive Officer of the Peace Corps.
(c)

Authorization of appropriations
There is authorized to be appropriated to the United States Agency for International Development $10,000,000 for each of fiscal years 2023 through 2027 for the creation of the program authorized under subsection (a).
(d)

Briefings
Not later than 180 days after the date of the enactment of this Act, and annually thereafter, the Administrator of the United States Agency for International Development shall brief the Committee on Foreign Relations of the Senate and the Committee on Foreign Affairs of the House of Representatives on the results of the program required under subsection (a).
107.

Supporting women and girls in science and technology
(a)

In general
The Secretary of State shall establish TechWomen and TechGirls programs designed to empower and inspire women and girls from Latin America and the Caribbean to advance careers in science and technology.
(b)

Participation
In carrying out subsection (a), the Secretary of State shall—
(1)
during the first 5 years of the programs, prioritize the participation of Colombian women and girls; and
(2)
take steps to include underrepresented women and girls from across Latin America and the Caribbean, including women from low income and underrepresented communities, including Afro-Colombian and Indigenous communities, in the programs.
(c)

Authorization of appropriations
There is authorized to be appropriated $1,000,000 for fiscal year 2023 to carry out this section.
II

Advancing peace and democratic governance in Colombia
201.

Supporting peace and justice
(a)

Policy
It is the policy of the United States to support peace, justice, and democratic governance in Colombia, including the full and timely implementation of the 2016 peace accord.
(b)

Evaluation framework
(1)

In general
Not later than 180 days after the date of the enactment of this Act, the Secretary of State, in consultation with the Administrator of the United States Agency for International Development, shall submit to the Committee on Foreign Relations of the Senate and the Committee on Foreign Affairs of the House of Representatives an evaluation framework that assesses the impact of United States diplomatic engagement and foreign assistance programming in support of the peace process in Colombia.
(2)

Consultation
The Secretary of State, in consultation with the Administrator of the United States Agency for International Development, shall consult with the Committee on Foreign Relations of the Senate and the Committee on Foreign Affairs of the House of Representatives on the development of the evaluation framework required under paragraph (1).
202.

Advancing integrated rural development
(a)

Supporting agricultural cooperatives
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, and the Secretary of Commerce, and in consultation with the Chief Executive Officer of the Inter-American Foundation, shall develop and implement programs to support the ability of rural cooperatives in conflict-affected areas of Colombia to bring products into national and international markets by—
(1)
supporting research;
(2)
developing new skills;
(3)
building resilience capacities, including capacity to adapt to the effects of climate change;
(4)
integrating best practices in sustainable agriculture;
(5)
promoting standardization and quality control;
(6)
supporting commercialization;
(7)
enabling access to financing; and
(8)
promoting access to markets.
(b)

Prioritization
Programs required under subsection (a) shall prioritize communities seeking to shift away from illicit economies, including such economies related to the trafficking of narcotics, wildlife, minerals and other natural resources, and other goods.
(c)

Consultation
In developing the programs required under subsection (a), the Secretary of State shall consult with representatives of the Government of Colombia, the private sector, human rights, labor, and humanitarian organizations, and underrepresented populations including women, Indigenous populations, and Afro-Colombians.
(d)

Authorization of appropriations
There is authorized to be appropriated to the Secretary of State and the Administrator of the United States Agency for International Development $10,000,000 for each of fiscal years 2023 and 2024 to carry out the programs required under subsection (a).
(e)

Briefings
Not later 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 International Development Finance Corporation shall brief the Committee on Foreign Relations of the Senate and the Committee on Foreign Affairs of the House of Representatives regarding the progress achieved in advancing the programs required under subsection (a).
203.

Empowering Afro-Colombian and Indigenous communities in Colombia
(a)

In general
The Secretary of State, in coordination with the Administrator of the United States Agency for International Development and the Chief Executive Officer of the United States International Development Finance Corporation, and in consultation with the Chief Executive Officer of the Inter-American Foundation, shall develop and implement initiatives to—
(1)
support the implementation of the ethnic chapter of Colombia’s 2016 peace accord, which safeguards the rights of the Indigenous and Black populations of Colombia;
(2)
provide technical assistance and capacity-building support to Afro-Colombian community councils in Colombia;
(3)
increase the participation of individuals from Afro-Colombian and Indigenous communities in existing bilateral initiatives and in educational and cultural exchange programs of the Department of State and the United States Agency for International Development; and
(4)
increase access to finance and credit for small- and medium-sized businesses owned by Afro-Colombian and Indigenous entrepreneurs, particularly those in communities historically prone to violence and insecurity.
(b)

Prioritization
During the 5-year period beginning on the date of the enactment of this Act—
(1)
the Administrator of the United States Agency for International Development shall dedicate not less than 10 percent of the amounts appropriated to the United States Agency for International Development and allocated for Colombia to programs that empower and support Afro-Colombian and Indigenous communities in Colombia; and
(2)
not less than 50 percent of the funding dedicated under paragraph (1) shall be directly provided to Afro-Colombian and Indigenous-led organizations to implement the programs described in that paragraph.
204.

Protecting human rights defenders
(a)

Authorization of appropriations
There is authorized to be appropriated $20,000,000 for each of fiscal years 2022 through 2026 to provide critical assistance to human rights defenders and anti-corruption activists in Colombia through the Department of State Human Rights Defenders Fund.
(b)

Report
Not later than 180 days after the date of the enactment of this Act, and annually thereafter through the end of 2024, the Secretary of State, in cooperation with the Administrator of the United States Agency for International Development, shall submit a report to Congress that includes—
(1)
details regarding Department of State and United States Agency for International Development programs to—
(A)
support the work of human rights defenders, anti-corruption activists, and other civil society actors in Colombia; and
(B)
provide assistance when such individuals are under threat, including specific processes by which such individuals can request assistance from United States embassies;
(2)
detailed information contained in the Country Reports on Human Rights Practices regarding the intimidation of, and attacks against, such individuals and the response of the foreign government;
(3)
a strategy for any increased engagement and measures of success toward defending human rights defenders and anti-corruption activists; and
(4)
an accounting of funds used to execute the Human Rights Defender Fund.
III

Strengthening security cooperation
301.

Establishment of United States-Colombia security consultative committee
(a)

In general
Not later than 180 days after the date of the enactment of this Act, the Secretary of State and the Secretary of Defense shall establish a consultative committee to include the Government of Colombia to develop a strategy for jointly strengthening Colombia’s national security and defense institutions, and capacity to carry out operations across the territory of Colombia, including in rural and urban areas, related to—
(1)
counterterrorism and counterinsurgency;
(2)
counternarcotics and countering other forms of illicit trafficking;
(3)
cyberdefense and cybercrimes;
(4)
border and maritime security and air defense; and
(5)
stabilization.
(b)

Additional elements
The consultative committee shall evaluate existing technologies, equipment, and weapons systems, as well as necessary upgrades to such technologies, equipment, and systems of Colombia’s national security and defense institutions in order to ensure the continued defense of the national sovereignty and national territory of Colombia.
(c)

Bilateral security and defense cooperation
Not later than 180 days after the establishment of the consultative committee required under subsection (a), the Secretary of State, in coordination with the Secretary of Defense, is authorized to enter into consultations with the Government of Colombia to strengthen existing, or establish new, bilateral security and defense cooperation or lines of effort to address capacity-building and resource needs identified by the consultative committee.
(d)

Briefings
(1)

Consultative committee
Not later than 30 days after the establishment of the United States-Colombia Security Consultative Committee required under subsection (a), and not later than 15 days after any meeting of the Consultative Committee thereafter, the Secretary of State and the Secretary of Defense shall jointly brief any of the appropriate congressional committees on progress made under the committee, pursuant to a request by any one of the appropriate congressional committees.
(2)

Bilateral security and defense cooperation
Not later than 30 days after the completion of any consultations with the Government of Colombia pursuant to subsection (c), the Secretary of State and the Secretary of Defense shall brief the appropriate congressional committees on the implementation of the agreed upon areas of cooperation or lines of effort.
(e)

Appropriate congressional committees defined
In this section, the term appropriate congressional committees means—
(1)
the Committee on Foreign Relations of the Senate;
(2)
the Committee on Armed Services of the Senate;
(3)
the Committee on Foreign Affairs of the House of Representatives; and
(4)
the Committee on Armed Services of the House of Representatives.
302.

Cooperation on cyber defense and combating cyber crimes
(a)

Diplomatic engagement
The Secretary of State, in coordination with the Attorney General of the United States, shall engage with the Government of Colombia to support and facilitate Colombia’s adoption of improved standards to address cyber crimes, especially such crimes that are state-directed, including—
(1)
supporting the development of Colombia’s strategies to deter, investigate, and prosecute cybercrime, to protect critical infrastructure, and to promote the use of new technologies, as part of a broader and more coordinated effort to protect the information technology systems and networks of citizens, businesses, and governments;
(2)
supporting the development of protocols that allow cyber preparedness and ensure protection and resilience to critical infrastructure;
(3)
supporting the Government of Colombia in the implementation of relevant international conventions, such as the Budapest Convention on Cybercrime, of which Colombia is a party;
(4)
continuing to develop partnerships among foreign partners, including in Latin America and the Caribbean, responsible for preventing, investigating, and prosecuting such crimes, and the private sector, in order to streamline and improve the procurement of timely information in the context of mutual assistance proceedings;
(5)
working, in cooperation with like-minded democracies in international organizations, to advance standards for digital governance and promote a secure, reliable, free, and open internet;
(6)
supporting the adoption of new technologies to enhance the technical capabilities of cybersecurity agencies in Colombia; and
(7)
supporting the efforts of the Government of Colombia and Colombian civil society to build national resilience against foreign disinformation efforts.
(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 develop and implement a strategy for leveraging United States expertise to share best practices and lessons learned and assist the Government of Colombia. The strategy shall—
(1)
improve and secure its digital infrastructure, including critical infrastructure;
(2)
protect technological assets, including data privacy, digital evidence, and electronically store information;
(3)
advance cybersecurity to protect against cybercrime and cyberespionage;
(4)
promote exchanges and technical training programs, including know-how transfer in cybersecurity and disinformation and misinformation;
(5)
promote the adoption or development of new technologies to enhance protection against cybercrime and cyberespionage;
(6)
promote digital hygiene programs; and
(7)
build capacity to identify and expose foreign disinformation and misinformation.
(c)

Authorization of appropriations
There is authorized to be appropriated to the Secretary of State for the development and implementation of the strategy required under subsection (b) $3,000,000 for each of fiscal years 2023 through 2025.
(d)

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 diplomatic engagement described in subsection (a) and the implementation of the strategy described in subsection (b).
303.

Classified report on the activities of certain terrorist and criminal groups
(a)

Finding
On November 30, 2021, the United States designated the Revolutionary Armed Forces of Colombia-People’s Army (FARC–EP) and Segunda Marquetalia as foreign terrorist organizations under section 219(a) of the Immigration and Nationality Act (8 U.S.C. 1189(a)).
(b)

Reports required
Not later than 180 days after the date of the enactment of this Act, and annually thereafter for 5 years, the Secretary of State, acting through the Assistant Secretary of State for the Bureau of Intelligence and Research of the Department of State, and in coordination with the Secretary of Defense, the Director of National Intelligence, and the Director of the Central Intelligence Agency, shall submit to the appropriate congressional committees a classified report detailing the activities of the Revolutionary Armed Forces of Colombia-EP, Segunda Marquetalia, the Ejército de Liberación Nacional, Clan del Golfo, and other Colombian organized criminal groups.
(c)

Elements
Each report required by subsection (b) shall include—
(1)
the name or names of each group covered by the report;
(2)
a description of each group and the geographic presence of the group;
(3)
a description of the leadership and structure of each group;
(4)
the operating modalities and capabilities of each group;
(5)
the rate of growth and recruitment strategies of each group; and
(6)
any linkages between such groups and any other countries, including the regime of Nicolás Maduro in Venezuela.
(d)

Appropriate congressional committees defined
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 Armed Services of the Senate;
(4)
the Committee on Foreign Affairs of the House of Representatives;
(5)
the Permanent Select Committee on Intelligence of the House of Representatives; and
(6)
the Committee on Armed Services of the House of Representatives.
304.

Counternarcotics and rural security strategy
(a)

In general
The Secretary of State shall develop and implement a strategy and related programs to support the Government of Colombia’s efforts to counter narcotics trafficking and transnational organized crime, including human trafficking, illicit trafficking in arms, wildlife, and cultural property, environmental crimes, migrant smuggling, corruption, money laundering, the illicit smuggling of bulk cash, the licit use of financial systems for malign purposes, and other new and emerging forms of crime, by supporting—
(1)
the eradication of illicit coca crops and the destruction of laboratories used to produce illicit narcotics;
(2)
the interdiction of illicit narcotics and other forms contraband;
(3)
efforts to disrupt illicit financial networks, including through technical assistance to financial intelligence units, including the enhancement of anti-money laundering and asset forfeiture programs;
(4)
civilian law enforcement agencies, including support for—
(A)
the enhancement of management of complex, multi-actor criminal cases;
(B)
the enhancement of intelligence collection capacity and training on civilian intelligence collection (including safeguards for privacy and basic civil liberties), investigative techniques, forensic analysis, and evidence preservation; and
(C)
port, airport, and border security officials, agencies, and systems, including—
(i)
improvements to computer infrastructure and data management systems, secure communications technologies, nonintrusive inspection equipment, and radar and aerial surveillance equipment; and
(ii)
assistance to canine units;
(5)
justice sector institutions to enhance efforts to successfully prosecute drug trafficking organizations, transnational criminal organizations, and individuals and entities involved in money laundering and financial crimes related to narcotics trafficking and other illicit economies;
(6)
the inclusion of human rights in law enforcement training programs; and
(7)
advancing rural security initiatives, including the protection of community leaders and members of organized civil society who promote the rule of law and democratic governance.
(b)

Prioritization
During the 5-year period beginning on the date of the enactment of this Act, the Secretary of State shall dedicate—
(1)
not less than 10 percent of the amounts appropriated to the International Narcotics Control and Law Enforcement account for Colombia to combating money laundering and financial crimes; and
(2)
not less than 10 percent of the amounts appropriated to the International Narcotics Control and Law Enforcement account for Colombia to research, innovation initiatives, and new technologies that can be utilized to combat illicit trafficking and all forms of transnational organized crime, as described in subsection (a).
(c)

Briefings
Not later than 180 days after the date of the enactment of this Act, and every 180 days thereafter, 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 progress achieved in advancing the programs required under subsection (a).
305.

Classified report on the malicious activities of state actors in the Andean region
(a)

Report required
Not later than 90 days after the date of the enactment of this Act, and annually thereafter for 5 years, the Secretary of State, acting through the Assistant Secretary of State for the Bureau of Intelligence and Research of the Department of State, and in coordination with the Director of National Intelligence, the Director of the Central Intelligence Agency, and the Director of the Defense Intelligence Agency, shall submit a classified report to the appropriate congressional committees detailing the malicious activities of state actors in the Andean region, including—
(1)
disinformation, misinformation, and all other information operations;
(2)
election interference;
(3)
cyberattacks and aggressions;
(4)
sales or donations of weapons or military equipment;
(5)
security cooperation;
(6)
the direct and indirect supply of technologies, equipment, and weapons to irregular armed actors operating in the Andean region;
(7)
the provision of technologies, equipment, and weapons systems to the regime of Nicolas Maduro in Venezuela and the implications for the security of countries in the Andean region; and
(8)
other threats to United States national interests and national security.
(b)

Establishment of position
The Secretary of State shall establish a “watcher” position in the Andean region as necessary to fulfill the requirements detailed under subsection (a).
(c)

Annual briefing requirement
Not later than 1 year after the date of the enactment of this Act, and annually thereafter, the official designated for the “watcher” position established pursuant to subsection (b) shall brief the appropriate congressional committees on—
(1)
the steps that United States embassies in the Andean region have taken to advance the issues described in subsection (a); and
(2)
the nature and extent of the extra-regional diplomatic, economic, security, defense, and intelligence presence and influence in the Andean region.
306.

Protecting and countering illicit activities in tropical forests
(a)

In general
Not later than 180 days after the date of the enactment of this Act, the Secretary of State and the Administrator of the United States Agency for International Development, in consultation with the Chief of the Forest Service of the Department of Agriculture, shall develop and implement a joint 3-year strategy, in coordination with the Government of Colombia, which shall be known as the “Strategy for Protecting Colombia’s Tropical Forests” (referred to in this section as the “strategy”), to protect the biodiversity of Colombia and address deforestation.
(b)

Elements
The strategy shall describe how the United States will—
(1)
empower and fund local communities, especially Indigenous and Afro-Colombian communities, to manage natural resources, address deforestation and forest degradation, and combat illegal activities causing environmental harm in their communities, including drug-trafficking activities and illegal logging, mining, fishing, and wildlife trade;
(2)
protect social and environmental activists and whistleblowers;
(3)
strengthen community-based prevention mechanisms and support community-led efforts to address illegal activities related to natural resources, including those activities described in paragraph (1);
(4)
advance the development of markets to promote alternatives to activities related to drug trafficking and illegally obtained wood, fish, wildlife, or minerals, as appropriate;
(5)
promote transparency in product sourcing and responsible supply chains;
(6)
prevent, detect, investigate, and prosecute crimes related to natural resources;
(7)
promote partnerships with nongovernmental organizations, international organizations, and the private sector;
(8)
work within the United States interagency process to end the import of illegally or unsustainably sourced wildlife, timber, agricultural commodities, or fish, or illegally sourced gold or other minerals into the United States from Colombia; and
(9)
consult with civil society to address the drivers of deforestation and forest degradation, and promote the conservation of intact forests.
(c)

Regional diplomatic coordination
The United States shall work with the Government of Colombia, and in cooperation with international organizations, to support the development of partnerships among Latin American and Caribbean officials responsible for preventing, investigating, and prosecuting environmental crimes, and in cooperation with the private sector, to protect the region’s biodiversity and address deforestation and forest degradation.
(d)

Authorization of appropriations
There is authorized to be appropriated to the Secretary of State and the United States Agency for International Development for the development and implementation of the strategy—
(1)
$5,000,000 for fiscal year 2023;
(2)
$7,000,000 for fiscal year 2024; and
(3)
$8,000,000 for fiscal year 2025.
(e)

Briefings
Not later than 180 days after the date of the enactment of this Act, the Secretary of State and the Administrator of the United States Agency for International Development shall brief the Committee on Foreign Relations of the Senate and the Committee on Foreign Affairs of the House of Representatives on the strategy. Not later than one year after the briefing on the strategy, and annually thereafter, the Secretary of State shall brief the committees on the implementation of the strategy.
307.

Public-private partnership to build responsible gold value chains
(a)

Best practices
The Administrator of the United States Agency for International Development, in coordination with the Government of Colombia, shall consult with the Government of Switzerland regarding best practices developed through their public-private partnership, the Swiss Better Gold Initiative, which aims to improve transparency and traceability in the international gold trade.
(b)

In general
The Administrator of the United States Agency for International Development shall coordinate with the Government of Colombia to establish a public-private partnership to advance the best practices described in subsection (a), including supporting programming in Colombia that will—
(1)
support formalization and compliance with appropriate environmental and labor standards in artisanal and small-scale gold mining (ASGM);
(2)
increase access to financing for ASGM miners committed to taking significant steps to formalize their operations and comply with labor and environmental standards;
(3)
enhance the traceability and support the establishment of a certification process for ASGM gold;
(4)
support a public relations campaign to promote responsibly sourced gold;
(5)
facilitate contact between Colombian vendors of responsibly sourced gold and United States companies; and
(6)
promote policies and practices in Colombia that are conducive to the formalization of ASGM and improvement of environmental and labor standards in ASGM.
(c)

Meeting
The Secretary of State, the Administrator of the United States Agency for International Development, or the President’s Special Envoy for Climate Change should, without delegation and in coordination with the Government of Colombia, host a meeting with senior representatives of the private sector and international governmental and nongovernmental partners and make commitments to improve due diligence and increase the responsible sourcing of gold.
IV

Addressing humanitarian needs
401.

Colombia Relief and Development Coherence Strategy
(a)

Strategy required
The Secretary of State, in coordination with the Administrator of the United States Agency for International Development, shall develop and implement a strategy, to be known as the “Colombia Relief and Development Coherence Strategy”, to support Colombia’s responses to the separate but related challenges of assisting internally displaced persons, refugees, vulnerable migrants, and people affected by natural disasters. The strategy shall—
(1)
be publicly available in English and Spanish;
(2)
describe concurrent efforts and clarify United States agency responsibilities in Colombia for assisting—
(A)
asylum seekers;
(B)
refugees;
(C)
internally displaced persons; and
(D)
vulnerable migrants;
(3)
include a description of the assistance that shall be provided for the populations described in paragraph (2), including—
(A)
emergency assistance, protection, water, sanitation, hygiene, food, shelter, emergency education, and psychosocial assistance; and
(B)
integration programs in the education, health, livelihoods, shelter, and social protection sectors;
(4)
include a description of the technical assistance and capacity-building efforts to be provided for civil society organizations and relevant institutions in Colombia, such as the Victims Unit of the Government of Colombia and relevant government ministries;
(5)
describe outreach, coordination, and programming with the private sector to support the populations described in paragraph (2); and
(6)
describe how the Department of State and the United States Agency for International Development will mobilize additional donor contributions towards humanitarian appeals.
(b)

Description of interagency coordination efforts
The strategy developed under subsection (a) shall include a description of how the Department of State will lead interagency coordination efforts in implementing the strategy, including a description of mechanisms to coordinate programming, advocacy, monitoring and evaluation, communications, participation in international fora, and funding announcements.
402.

Assessment of healthcare infrastructure needs in rural areas
(a)

Assessment
The Director of the Centers for Disease Control and Prevention, in coordination with the Department of State, shall conduct an assessment with the Government of Colombia to identify initiatives to strengthen public health infrastructure and increase access to health services in conflict-affected communities in Colombia. The assessment shall include specific recommendations on ways to increase access to healthcare services for survivors of gender-based violence and Afro-Colombian and Indigenous populations.
(b)

Submission
The Director of the Centers for Disease Control and Prevention shall submit the assessment conducted under subsection (a) to the Committee on Foreign Relations and the Committee on Health, Education, Labor, and Pensions of the Senate and the Committee on Foreign Affairs and the Committee on Energy and Commerce of the House of Representatives.