[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.
                                 ______