[Congressional Record Volume 168, Number 157 (Wednesday, September 28, 2022)]
[Senate]
[Pages S5496-S5498]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
SA 6024. Mr. MENENDEZ (for himself, Mr. Risch, Mr. Kaine, Mr.
Cassidy, Mr. Cardin, and Mr. Rubio) submitted an amendment intended to
be proposed to amendment SA 5499 submitted by Mr. Reed (for himself and
Mr. Inhofe) and intended to be proposed to the bill H.R. 7900, to
authorize appropriations for fiscal year 2023 for military activities
of the Department of Defense, for military construction, and for
defense activities of the Department of Energy, to prescribe military
personnel strengths for such fiscal year, and for other purposes; which
was ordered to lie on the table; as follows:
At the end of title XII, add the following:
Subtitle G--United States-Ecuador Partnership Act of 2022
SEC. 1281. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This subtitle may be cited as the
``United States-Ecuador Partnership Act of 2022''.
(b) Table of Contents.--The table of contents for this
subtitle is as follows:
Subtitle G--United States-Ecuador Partnership Act of 2022
Sec. 1281. Short title; table of contents.
Sec. 1282. Findings.
Sec. 1283. Sense of Congress.
Sec. 1284. Facilitating economic and commercial ties.
Sec. 1285. Promoting inclusive economic development.
Sec. 1286. Combating illicit economies, corruption, and negative
foreign influence.
Sec. 1287. Strengthening democratic governance.
Sec. 1288. Fostering conservation and stewardship.
Sec. 1289. Authorization to transfer excess Coast Guard vessels.
Sec. 1290. Reporting requirements.
Sec. 1291. Sunset.
SEC. 1282. 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
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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. 1283. 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. 1284. 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. 1285. 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. 1286. 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,
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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. 1287. 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. 1288. 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. 1289. AUTHORIZATION TO TRANSFER EXCESS COAST GUARD
VESSELS.
(a) Sense of Congress.--It is the sense of Congress that
the United States should undertake efforts to expand
cooperation with the Government of Ecuador to--
(1) ensure protections for the Galapagos Marine Reserve;
(2) deter illegal, unreported, and unregulated fishing; and
(3) increase interdiction of narcotics trafficking and
other forms of illicit trafficking.
(b) Authority to Transfer Excess Coast Guard Vessels to the
Government of Ecuador.--The President shall conduct a joint
assessment with the Government of Ecuador to ensure
sufficient capacity exists to maintain Island class cutters.
Upon completion of a favorable assessment, the President is
authorized to transfer up to two ISLAND class cutters to the
Government of Ecuador as excess defense articles pursuant to
the authority of section 516 of the Foreign Assistance Act
(22 U.S.C. 2321j).
(c) Grants Not Counted in Annual Total of Transferred
Excess Defense Articles.--The value of a vessel transferred
to another country on a grant basis pursuant to authority
provided by subsection (b) shall not be counted against the
aggregate value of excess defense articles transferred in any
fiscal year under section 516 of the Foreign Assistance Act
of 1961 (22 U.S.C. 2321j).
(d) Costs of Transfers.--Any expense incurred by the United
States in connection with a transfer authorized by this
section shall be charged to the recipient notwithstanding
section 516(e) of the Foreign Assistance Act of 1961 (22
U.S.C. 2321j(e)).
(e) Repair and Refurbishment in United States Shipyards.--
To the maximum extent practicable, the President shall
require, as a condition of the transfer of a vessel under
this section, that the recipient to which the vessel is
transferred have such repair or refurbishment of the vessel
as is needed, before the vessel joins the naval forces of
that recipient, performed at a shipyard located in the United
States.
(f) Expiration of Authority.--The authority to transfer a
vessel under this section shall expire at the end of the 3-
year period beginning on the date of the enactment of this
Act.
SEC. 1290. 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 1284, 1286,
and 1287(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 1284, 1286, and 1287(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 1285, 1287(b), and 1288,
shall--
(1) not later than 180 days after the date of the enactment
of this Act, submit to appropriate congressional committees a
comprehensive strategy to address the requirements described
in sections 1284, 1287(b), and 1288; 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
subtitle, 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. 1291. SUNSET.
This subtitle shall terminate on the date that is 5 years
after the date of the enactment of this Act.
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