II 

116TH CONGRESS 

2D SESSION S. 4528 

To strengthen the United States ties with Latin American and Caribbean 

countries through diplomatic, economic, and security cooperation, to 

counter efforts by the People’s Republic of China to undermine United 

States interests and values in the Americas, and to promote economic 

development and competitiveness in the Latin American and Caribbean 

region. 

IN THE SENATE OF THE UNITED STATES 

AUGUST 13, 2020 

Mr. MENENDEZ introduced the following bill; which was read twice and 

referred to the Committee on Foreign Relations 

A BILL 

To strengthen the United States ties with Latin American 

and Caribbean countries through diplomatic, economic, 

and security cooperation, to counter efforts by the People’s Republic of China to undermine United States interests and values in the Americas, and to promote economic development and competitiveness in the Latin 

American and Caribbean region. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 


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1 SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 

2 (a) SHORT TITLE.—This Act may be cited as the 

3 ‘‘Advancing Competitiveness, Transparency, and Security 

4 in the Americas Act of 2020’’. 

5 (b) TABLE OF CONTENTS.—The table of contents for 

6 this Act is as follows: 

Sec. 1. Short title; table of contents. 

Sec. 2. Findings. 

Sec. 3. Sense of Congress. 

Sec. 4. Statement of policy. 

Sec. 5. Definitions. 

Sec. 6. Assessing the intentions of the People’s Republic of China in the Western Hemisphere. 

TITLE I—INCREASING COMPETITIVENESS IN LATIN AMERICA 

AND THE CARIBBEAN 

Sec. 101. Developing and implementing a strategy to increase economic competitiveness and promote the rule of law. 

Sec. 102. Strengthening United States International Development Finance Corporation engagement in Latin America and the Caribbean. 

Sec. 103. Advancing regulation of foreign investment in infrastructure projects 

to protect host countries’ national interests. 

Sec. 104. Strengthening infrastructure project selection and procurement processes. 

Sec. 105. Promoting the rule of law in digital governance. 

Sec. 106. Investing in projects that strengthen the region’s digital infrastructure. 

Sec. 107. Countering foreign corrupt practices in the Americas. 

Sec. 108. Countering malign business practices. 

Sec. 109. Promoting greater energy security. 

TITLE II—PROMOTING REGIONAL SECURITY AND DIGITAL 

SECURITY, AND PROTECTING HUMAN RIGHTS IN THE AMERICAS 

Sec. 201. Ensuring the integrity of telecom and data networks and critical infrastructure. 

Sec. 202. Addressing the risks that pervasive surveillance and monitoring technologies pose to human rights. 

Sec. 203. Revitalizing bilateral and multilateral military education programs. 

TITLE III—ADVANCING THE ROLE OF CIVIL SOCIETY IN LATIN 

AMERICA AND THE CARIBBEAN 

Sec. 301. Counteracting growing Chinese educational and cultural influence in 

Latin America and the Caribbean. 

Sec. 302. Advancing the role of civil society and the media to promote accountability. 

TITLE IV—RESOURCING FOR SUCCESS 


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Sec. 401. Appointment of China Engagement Officers at United States embassies in the Western Hemisphere. 

Sec. 402. Assessing staffing needs at United States embassies in Latin America 

and the Caribbean. 

1 SEC. 2. FINDINGS. 

2 Congress makes the following findings: 

3 (1) The People’s Republic of China has dra4 matically increased engagement with Latin America 

5 and the Caribbean since 2004. Latin America is the 

6 second largest destination for Chinese foreign direct 

7 investment. China has become the top trading part8 ner of Brazil, Chile, Peru, and Uruguay. China’s 

9 trade with Latin America has grown from 

10 $17,000,000,000 in 2002 to $306,000,000,000 in 

11 2018. 

12 (2) Between 2005 and 2018, the People’s Re13 public of China provided Latin America with an esti14 mated $141,000,000,000 in development loans and 

15 other assistance. The annual amount of such loans 

16 and assistance consistently surpasses the annual sov17 ereign lending to Latin America and the Caribbean 

18 from either the World Bank or the Inter-American 

19 Development Bank. 

20 (3) The People’s Republic of China— 

21 (A) is investing extensively across the re22 gion’s extractive sector and agricultural supply 


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1 chains to more effectively control raw materials 

2 supply and pricing; 

3 (B) has acquired and built new port facili4 ties and other transport and energy infrastruc5 ture in Brazil, Panama, Costa Rica, El Sal6 vador, and elsewhere in the region to expand its 

7 footprint in Latin America; and 

8 (C) has developed strong partnerships and 

9 engaged in extensive deal-making in tele10 communications and other technology-intensive 

11 sectors in the Latin American and Caribbean 

12 region. 

13 (4) In 2015, the People’s Republic of China 

14 and countries of the Community of Latin American 

15 and Caribbean States (CELAC) held the first meet16 ing of the China-CELAC Ministerial Forum, at 

17 which they agreed to a 5-year cooperation plan re18 garding politics, security, trade, investment, finance, 

19 infrastructure, energy, resources, industry, agri20 culture, science, and people-to-people exchanges. 

21 China is also active in other regional institutions, in22 cluding multilateral development banks. 

23 (5) The United States Southern Command has 

24 warned that China’s space and telecommunications 

25 ventures in Latin America and the Caribbean have 


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1 created United States commercial and security 

2 vulnerabilities. 

3 (6) China has spent more than 

4 $244,000,000,000 on energy projects worldwide 

5 since 2000, 25 percent of which was spent in Latin 

6 America and the Caribbean. Although the majority 

7 of this spending was for oil, gas, and coal, China has 

8 also been the largest investor in clean energy glob9 ally for almost a decade. 

10 (7) China promotes the repressive use of tech11 nology— 

12 (A) by selling crowd control weapons and 

13 riot gear used against demonstrators; and 

14 (B) by developing tracking systems that 

15 can be used by governments to surveil and mon16 itor their citizens. 

17 (8) Although China did not originally include 

18 the Latin American and Caribbean region in its Belt 

19 and Road Initiative— 

20 (A) at a meeting with the Community of 

21 Latin American and Caribbean States in Janu22 ary 2018, China invited Latin America and the 

23 Caribbean to participate in the Belt and Road 

24 Initiative, referring to the region as a natural 

25 fit for a program that aims to improve 


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1 connectivity between land and sea through 

2 jointly built logistic, electricity, and information 

3 pathways; and 

4 (B) 19 Latin American and Caribbean 

5 countries have signed bilateral Belt and Road 

6 Cooperation Agreements since 2017. 

7 (9) The People’s Republic of China offers to fi8 nance projects in Latin America and the Caribbean 

9 on deceptively easy terms that frequently lead recipi10 ent countries to become dependent on, and deeply 

11 indebted to, China. Chinese companies frequently 

12 engage in exploitative practices, including predatory 

13 lending, and project requirements that— 

14 (A) provide little or no benefit to the host 

15 country; and 

16 (B) facilitate corrupt practices. 

17 (10) The Government of China expects that 

18 Chinese companies will invest the equivalent of 

19 $250,000,000,000 in Latin America and the Carib20 bean by 2025. 

21 (11) Since 2017, China has used its increasing 

22 economic influence in Latin America and the Carib23 bean to encourage countries, including El Salvador, 

24 Panama, and the Dominican Republic, to sever dip25 lomatic relations with Taiwan. Of the 15 countries 


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1 that still maintain diplomatic relations with Taiwan, 

2 9 are in Latin America and the Caribbean, namely: 

3 Belize, Guatemala, Haiti, Honduras, Nicaragua, 

4 Paraguay, St. Kitts and Nevis, St. Lucia, and St. 

5 Vincent and the Grenadines. 

6 SEC. 3. SENSE OF CONGRESS. 

7 It is the sense of Congress that— 

8 (1) the United States shares extensive economic 

9 and commercial relations, democratic values, cultural 

10 ties, and geographic proximity with the nations of 

11 the Western Hemisphere; 

12 (2) increased United States engagement with 

13 countries in the Western Hemisphere is essential to 

14 addressing initiatives by rival powers, such as China, 

15 to increase their presence and influence over govern16 ments in Latin American and the Caribbean at the 

17 expense of strategic economic and security interests 

18 of the United States; 

19 (3) the United States is uniquely positioned to 

20 promote the rule of law and support the strength21 ening of democratic institutions and individual free22 doms in Latin America and the Caribbean, while im23 proving the quality of life of citizens throughout the 

24 Western Hemisphere; 


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1 (4) China’s growing presence in the Western 

2 Hemisphere— 

3 (A) has contributed to the survival of auto4 cratic and anti-democratic regimes, such as the 

5 Maduro regime and the Government of Cuba, 

6 by acting as a lender of last resort and pro7 viding other forms of economic support; 

8 (B) has assisted such regimes in under9 mining democratic norms through weapons 

10 sales and the proliferation of surveillance tech11 nology; and 

12 (C) has provided governments with the re13 sources to implement irresponsible economic 

14 policies to the detriment of its citizens. 

15 (5) the United States Government should con16 tinue to assert a positive presence in the Western 

17 Hemisphere based upon— 

18 (A) supporting the rule of law, combating 

19 corruption, and advancing digital security as a 

20 means to improve prospects for regional growth 

21 and development and mitigate the unfair advan22 tage accrued to those that engage in unfair and 

23 illegal practices; 

24 (B) facilitating technical assistance and 

25 knowledge-sharing programs that strengthen reVerDate Sep 11 2014 23:59 Sep 02, 2020 Jkt 099200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6201 E:\BILLS\S4528.IS S4528

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1 gional governments’ and businesses’ capacity 

2 for engaging in sound negotiations and con3 tracts, protect their economic interests, and 

4 protect the economic interests of their citizens; 

5 (C) engaging in development investments 

6 that strengthen United States public and pri7 vate sector ties to Western Hemisphere govern8 ments and businesses, promote shared convic9 tion that open markets and fair competition are 

10 critical to sustained economic growth, enhance 

11 regional businesses’ ability to move up the value 

12 chain, and are environmentally sustainable; 

13 (D) raising awareness regarding how the 

14 proliferation of Chinese economic largesse and 

15 the increased adoption of Chinese surveillance 

16 technology can harm Western Hemisphere 

17 economies and undermine democratic institu18 tions; 

19 (E) empowering local and international 

20 media and civil society to carefully monitor in21 vestment activity in Latin America and the 

22 Caribbean to ensure accountability and uncover 

23 the malign effects of greater Chinese engage24 ment, including a lack of transparency, facilita25 tion of corruption, unsustainable debt, environVerDate Sep 11 2014 23:59 Sep 02, 2020 Jkt 099200 PO 00000 Frm 00009 Fmt 6652 Sfmt 6201 E:\BILLS\S4528.IS S4528

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1 mental damage, opaque labor and business 

2 practices of Chinese firms, and the increased 

3 likelihood of projects that leave host countries 

4 in unsustainable debt; and 

5 (F) promoting greater economic engage6 ment between the United States and other 

7 countries of the Western Hemisphere to spur 

8 economic development in the region and in9 crease economic opportunities for the United 

10 States private sector. 

11 SEC. 4. STATEMENT OF POLICY. 

12 It is the policy of the United States— 

13 (1) to expand United States engagement in the 

14 Western Hemisphere through economic and public 

15 diplomacy that strengthens political and economic 

16 relations, reinforces shared democratic values, and 

17 facilitates economic development in the Western 

18 Hemisphere; and 

19 (2) to promote United States economic pros20 perity through increased engagement with Latin 

21 America and the Caribbean. 

22 SEC. 5. DEFINITIONS. 

23 In this Act: 

24 (1) CARIBBEAN.—The term ‘‘Caribbean’’ does 

25 not include Cuba, unless it is specifically named. 


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1 (2) LATIN AMERICA AND THE CARIBBEAN.— 

2 The term ‘‘Latin America and the Caribbean’’ does 

3 not include Cuba, unless Cuba is specifically named. 

4 (3) RULE OF LAW.—The term ‘‘rule of law’’ re5 fers to a durable system of institutions and proc6 esses founded on the universal principles of— 

7 (A) accountability; 

8 (B) just laws that protect fundamental 

9 freedoms; 

10 (C) open and transparent government 

11 processes; and 

12 (D) accessible and impartial dispute reso13 lution. 

14 SEC. 6. ASSESSING THE INTENTIONS OF THE PEOPLE’S RE15 PUBLIC OF CHINA IN THE WESTERN HEMI16 SPHERE. 

17 (a) DEFINED TERM.—In this section, the term ‘‘ap18 propriate congressional committees’’ means— 

19 (1) the Committee on Foreign Relations of the 

20 Senate; 

21 (2) the Select Committee on Intelligence of the 

22 Senate; 

23 (3) the Committee on Foreign Affairs of the 

24 House of Representatives; and 


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1 (4) the Permanent Select Committee on Intel2 ligence of the House of Representatives. 

3 (b) REPORTING REQUIREMENT.—Not later than 90 

4 days after the date of the enactment of this Act, the Sec5 retary of State, working through the Assistant Secretary 

6 of State for the Bureau of Intelligence and Research, and 

7 in coordination with the Director of National Intelligence 

8 and the Director of the Central Intelligence Agency, shall 

9 submit a report to the appropriate congressional commit10 tees that assesses the nature, intent, and impact to United 

11 States strategic interests of— 

12 (1) Chinese economic activity in Latin America 

13 and the Caribbean, such as foreign direct invest14 ment, development financing, oil-for-loans deals, 

15 other preferential trading arrangements, and 

16 projects related to China’s Belt and Road Initiative; 

17 (2) the involvement of Chinese government enti18 ties and state-owned enterprises in infrastructure 

19 projects in Latin America and the Caribbean, such 

20 as— 

21 (A) the building, renovating, and operating 

22 of port facilities, including the Margarita Port 

23 of Panama, Posorja Deepwater Port in Ecua24 dor, and the Port of Paranagua ́ in Brazil; 


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1 (B) the building and maintenance of the 

2 region’s telecom infrastructure, including the 

3 bidding and construction of fiber optic sub4 marine cables and the installation of 5G tech5 nologies, by Chinese companies, including 

6 Huawei, ZTE, and possibly others, and the like7 lihood that these companies will be the domi8 nant providers of telecommunications infra9 structure and associated products and services 

10 in the region, with great influence over Latin 

11 American government telecom entities; 

12 (C) the building of government facilities in 

13 the region; and 

14 (D) the building of Ecuador’s Coca Codo 

15 Sinclair Dam and other energy infrastructure 

16 projects in the region; 

17 (3) Chinese military activity in the region, in18 cluding military education and training programs, 

19 weapons sales, and space-related activities in the 

20 military or civilian spheres, such as the major sat21 ellite and space control station China recently con22 structed in Argentina; 

23 (4) Chinese security activity in Latin America 

24 and the Caribbean, including sales of surveillance 

25 and monitoring technology to regional governments 


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1 such as Venezuela, Cuba, and Ecuador, and the po2 tential use of such technology as tools of Chinese in3 telligence; 

4 (5) Chinese intelligence engagement in Latin 

5 America and the Caribbean, and the development of 

6 dual-use platforms; 

7 (6) the nature of the People’s Republic of Chi8 na’s presence in the region, and whether it is com9 petitive, threatening, or benign to the United States 

10 national interests; and 

11 (7) Chinese diplomatic activity aimed at influ12 encing the decisions, procedures, and programs of 

13 multilateral organizations, including the Organiza14 tion of American States (OAS) and the Inter-Amer15 ican Development Bank (IDB), as well the work in 

16 Latin America and the Caribbean of the World 

17 Bank and International Monetary Fund (IMF). 

18 (c) COORDINATION.—In preparing the report re19 quired under subsection (b), the Secretary of State shall 

20 coordinate with the Secretary of the Treasury and the Ad21 ministrator of the United States Agency for International 

22 Development, as feasible. 

23 (d) FORM.—The report required under subsection (b) 

24 shall be submitted in unclassified form and shall include 

25 classified annexes. 


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1 TITLE I—INCREASING COMPETI2 TIVENESS IN LATIN AMERICA 

3 AND THE CARIBBEAN 

4 SEC. 101. DEVELOPING AND IMPLEMENTING A STRATEGY 

5 TO INCREASE ECONOMIC COMPETITIVENESS 

6 AND PROMOTE THE RULE OF LAW. 

7 (a) STRATEGY REQUIREMENT.—Not later than 180 

8 days after the date of the enactment of this Act, the Sec9 retary of State, in consultation with the Secretary of the 

10 Treasury, the Secretary of Commerce, the Attorney Gen11 eral, the United States Trade Representative, the Admin12 istrator of the United States Agency for International De13 velopment, and the Chief Executive Officer of the United 

14 States International Development Finance Corporation, 

15 shall submit a multi-year strategy for increasing United 

16 States economic competitiveness and promoting the rule 

17 of law in Latin American and Caribbean countries, par18 ticularly in the areas of investment, sustainable develop19 ment, commercial relations, anti-corruption activities, and 

20 infrastructure projects, to— 

21 (1) the Committee on Foreign Relations of the 

22 Senate; 

23 (2) the Committee on Finance of the Senate; 

24 (3) the Committee on Foreign Affairs of the 

25 House of Representatives; and 


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1 (4) the Committee on Ways and Means of the 

2 House of Representatives. 

3 (b) ADDITIONAL ELEMENTS.—The strategy sub4 mitted pursuant to subsection (a) shall include a plan of 

5 action to— 

6 (1) assist Latin American and Caribbean coun7 tries with the sustainable development of their 

8 economies; 

9 (2) promote the rule of law as a means to en10 sure fair competition, combat corruption, and 

11 strengthen legal structures critical to robust demo12 cratic governance; 

13 (3) identify and mitigate obstacles to economic 

14 growth in Latin America and the Caribbean; 

15 (4) maintain free and transparent access to the 

16 internet and digital infrastructure in the Western 

17 Hemisphere; and 

18 (5) facilitate a more competitive environment 

19 for United States businesses in Latin America and 

20 the Caribbean. 

21 (c) REPORTING REQUIREMENT.—Not later than 1 

22 year after the date of the enactment of this Act, and annu23 ally thereafter, the Secretary of State, in consultation with 

24 the Secretary of the Treasury, the Secretary of Commerce, 

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1 ative, and the leadership of the United States Inter2 national Development Finance Corporation, shall brief the 

3 congressional committees listed in subsection (a) on the 

4 implementation of this title, including examples of suc5 cesses and challenges. 

6 SEC. 102. STRENGTHENING UNITED STATES INTER7 NATIONAL DEVELOPMENT FINANCE COR8 PORATION ENGAGEMENT IN LATIN AMERICA 

9 AND THE CARIBBEAN. 

10 (a) SENSE OF CONGRESS.—It is the sense of Con11 gress that— 

12 (1) United States support for the development 

13 of competitive industries in Latin America and the 

14 Caribbean, which are necessary for workforce devel15 opment, increased wages, and further economic de16 velopment, will provide an opportunity to strengthen 

17 United States competitiveness; 

18 (2) the reliance of the BUILD Act of 2018 on 

19 the Gini coefficient to measure eligibility for develop20 ment financing from the United States International 

21 Development Finance Corporation would exclude the 

22 Caribbean’s 12 countries from qualifying for devel23 opment financing; and 

24 (3) given the geographic proximity of Caribbean 

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1 bility of Caribbean nations is important to United 

2 States national security interests. 

3 (b) ELIGIBILITY OF CARIBBEAN COUNTRIES FOR FI4 NANCING THROUGH THE UNITED STATES INTER5 NATIONAL DEVELOPMENT FINANCE CORPORATION.—Sec6 tion 1412(c) of the BUILD Act of 2018 (division F of 

7 Public Law 115–254) is amended by adding at the end 

8 the following: 

9 ‘‘(3) INCLUSION OF CARIBBEAN COUNTRIES.— 

10 Notwithstanding paragraphs (1) and (2), Caribbean 

11 countries (excluding Cuba) shall be included among 

12 the countries receiving prioritized support under title 

13 II during the 10-year period beginning on the date 

14 of the enactment of the Advancing Competitiveness, 

15 Transparency, and Security in the Americas Act of 

16 2020.’’. 

17 (c) PRIORITIZING ENGAGEMENT IN THE WESTERN

18 HEMISPHERE.—Section 1412 of the BUILD Act of 2018, 

19 as amended by subsection (b), is further amended by add20 ing at the end the following: 

21 ‘‘(d) FOREIGN POLICY GUIDANCE.—The Secretary of 

22 State, in accordance with the priorities identified in sub23 section (c), shall provide foreign policy guidance to the 

24 Corporation to prioritize development financing to Latin 

25 American and Caribbean countries (excluding Cuba) by 


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1 dedicating not less than 35 percent of development financ2 ing and equity investments to countries in Latin America 

3 and the Caribbean during the 10-year period beginning 

4 on the date of the enactment of the Advancing Competi5 tiveness, Transparency, and Security in the Americas Act 

6 of 2020.’’. 

7 SEC. 103. ADVANCING REGULATION OF FOREIGN INVEST8 MENT IN INFRASTRUCTURE PROJECTS TO 

9 PROTECT HOST COUNTRIES’ NATIONAL IN10 TERESTS. 

11 (a) FINDING.—Congress finds that the Committee on 

12 Foreign Investment in the United States (referred to in 

13 this subsection as ‘‘CFIUS’’), as set forth in section 721 

14 of the Defense Production Act of 1950 (50 U.S.C. 

15 4565)— 

16 (1) protects United States national security in17 terests that are related to foreign direct investment 

18 in the United States economy; and 

19 (2) provides a mechanism by which the United 

20 States Government can respond to concerns that in21 vestments may be driven by political, rather than 

22 economic, motives. 

23 (b) IN GENERAL.—The Secretary of State, working 

24 through the Assistant Secretary of State for Economic 

25 and Business Affairs and the Assistant Secretary of State 


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1 for International Narcotics and Law Enforcement Affairs, 

2 in coordination with the Secretary of the Treasury, shall 

3 offer to provide technical assistance to partner govern4 ments in Latin America and the Caribbean to assist mem5 bers of national legislatures and executive branch officials 

6 in establishing legislative and regulatory frameworks that 

7 are similar to the frameworks set forth in section 721 of 

8 the Defense Production Act of 1950 (50 U.S.C. 4565). 

9 (c) PURPOSES.—In carrying out subsection (b), the 

10 Secretary of State, in coordination with the Secretary of 

11 the Treasury, shall actively encourage partner govern12 ments— 

13 (1) to protect their respective country’s national 

14 security interests; 

15 (2) to protect the national security interests of 

16 their allies; and 

17 (3) to review and approve, suspend, or prohibit 

18 investments and projects, on a case-by-case basis 

19 and in the aggregate, to evaluate and assess their 

20 potential risk to such national security interests. 

21 (d) DIPLOMATIC ENGAGEMENT.—In providing the 

22 technical assistance described in subsection (b), the Sec23 retary of State shall conduct diplomatic engagement with 

24 legislators from countries vital to the interests of the 

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1 scribed in subsections (b) and (c) to regulate infrastruc2 ture development projects 

3 (e) STRATEGY.—Not later than 90 days after the 

4 date of the enactment of this Act, the Secretary of State 

5 shall submit a strategy for carrying out the activities de6 scribed in subsections (b) through (d) to— 

7 (1) the Committee on Foreign Relations of the 

8 Senate; 

9 (2) the Committee on Appropriations of the 

10 Senate; 

11 (3) the Committee on Banking, Housing, and 

12 Urban Affairs of the Senate; 

13 (4) the Committee on Foreign Affairs of the 

14 House of Representatives; 

15 (5) the Committee on Appropriations of the 

16 House of Representatives; and 

17 (6) the Committee on Financial Services of the 

18 House of Representatives. 

19 (f) SEMIANNUAL BRIEFING REQUIREMENT.—Not 

20 later than 180 days after the date of the enactment of 

21 this Act, and every 180 days thereafter, the Secretary of 

22 State shall provide a briefing regarding the activities de23 scribed in subsections (b) through (d) and the strategy 

24 submitted under subsection (e) to— 


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1 (1) the Committee on Foreign Relations of the 

2 Senate; and 

3 (2) the Committee on Foreign Affairs of the 

4 House of Representatives. 

5 (g) AUTHORIZATION OF APPROPRIATIONS.— 

6 (1) IN GENERAL.—There is authorized to be 

7 appropriated to the Secretary of State $10,000,000 

8 for fiscal year 2020 to carry out the activities set 

9 forth in subsections (b) through (d). 

10 (2) NOTIFICATION REQUIREMENTS.—Amounts 

11 appropriated pursuant to paragraph (1) are subject 

12 to the notification requirements applicable to ex13 penditures from the Economic Support Fund under 

14 section 531(c) of the Foreign Assistance Act of 1961 

15 (22 U.S.C. 2346(c)) and the International Narcotics 

16 and Law Enforcement Fund under section 489 of 

17 the Foreign Assistance Act of 1961 (22 U.S.C. 

18 2291h), to the extent that such funds are expended. 

19 SEC. 104. STRENGTHENING INFRASTRUCTURE PROJECT 

20 SELECTION AND PROCUREMENT PROCESSES. 

21 (a) FINDINGS.—Congress makes the following find22 ings: 

23 (1) Corruption, as evidenced by the Odebrecht 

24 construction scandal and the Panama Papers, creVerDate Sep 11 2014 23:59 Sep 02, 2020 Jkt 099200 PO 00000 Frm 00022 Fmt 6652 Sfmt 6201 E:\BILLS\S4528.IS S4528

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1 ates significant obstacles to doing business in Latin 

2 America and the Caribbean. 

3 (2) China further exacerbates the levels of cor4 ruption in the region by engaging in corrupt prac5 tices when pursuing secure infrastructure contracts 

6 and procurement agreements. 

7 (3) Procurement agreements not based exclu8 sively on cost, quality, and necessity can lead to 

9 projects that do not serve the best interests of the 

10 public. 

11 (b) ENGAGEMENT INITIATIVES.—The Secretary of 

12 State, in coordination with the Administrator of the 

13 United States Agency for International Development, the 

14 Chief Executive Officer of United States International De15 velopment Finance Corporation, the Director of the 

16 United States Trade Development Agency, and represent17 atives of the Department of the Treasury’s Office of Tech18 nical Assistance, shall plan and carry out initiatives to en19 gage with governments in Latin America and the Carib20 bean for the purpose of strengthening infrastructure 

21 project selection processes and procurement processes, in22 cluding— 

23 (1) discussing, devising, and disseminating best 

24 practices, frameworks, and tools that— 


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1 (A) ensure greater adherence to the rule of 

2 law; 

3 (B) promote greater transparency in infra4 structure, trade, and development projects; and 

5 (C) more effectively regulate tender proc6 esses to minimize opportunities for corrupt 

7 practices; 

8 (2) strengthening legal structures as needed to 

9 ensure business agreements are transparent, clear, 

10 and enforceable; 

11 (3) increasing the capacity of Latin American 

12 and Caribbean governments to effectively assess and 

13 negotiate investment opportunities in accordance 

14 with applicable laws, including commercial and pub15 lic infrastructure projects; 

16 (4) promoting legislation that codifies best 

17 practices in applying the rule of law to infrastruc18 ture, trade, and development projects; 

19 (5) promoting the adoption of infrastructure 

20 project selection processes that include environ21 mental impact studies that prioritize minimal envi22 ronmental impact, strong environmental standards, 

23 and social safeguards for vulnerable and 

24 marginalized populations, including indigenous and 

25 Afro-Latino populations; 


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1 (6) emphasizing differences in business prac2 tices between the United States and China, particu3 larly those relating to the rule of law, transparency, 

4 and financing; and 

5 (7) fostering and enabling economic and tech6 nical data sharing relating to contract costs, struc7 turing, and terms, including loan terms, cost over8 runs, and quality assurance, among regional govern9 ments and the United States. 

10 (c) CONSULTATION.—During the planning of the ini11 tiatives described in subsection (b), the Secretary of State, 

12 in coordination with the Administrator of the United 

13 States Agency for International Development, the Chief 

14 Executive Officer of the United States International De15 velopment Finance Corporation, the Director of the 

16 United States Trade Development Agency’s Global Pro17 curement Initiative, and representatives of the Depart18 ment of the Treasury’s Office of Technical Assistance, 

19 shall consult with representatives of the private sector and 

20 nongovernmental organizations in the United States, 

21 Latin America, and the Caribbean. 

22 (d) BRIEFING REQUIREMENT.—Not later than 1 year 

23 after the date of the enactment of this Act, and every 180 

24 days thereafter, the Secretary of State shall provide a 


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1 briefing regarding the initiatives described in subsection 

2 (b) to— 

3 (1) the Committee on Foreign Relations of the 

4 Senate; and 

5 (2) the Committee on Foreign Affairs of the 

6 House of Representatives. 

7 (e) BASELINE ASSESSMENT.—Not later than 180 

8 days after the date of the enactment of this Act, the Sec9 retary of State shall submit a report to the congressional 

10 committees referred to in subsection (d) that assesses, 

11 based on credible indices of the performance of the rule 

12 of law (including the World Justice Project’s Rule of Law 

13 Index), the progress made by Latin American and Carib14 bean governments toward strengthening the rule of law, 

15 reducing corruption, and creating greater transparency in 

16 business practices, including through— 

17 (1) standardizing and regulating procurement 

18 practices; and 

19 (2) streamlining, modernizing, and digitizing 

20 records for public procurement and customs duties. 

21 (f) AUTHORIZATION OF APPROPRIATIONS.— 

22 (1) IN GENERAL.—There is authorized to be 

23 appropriated to the Secretary of State for fiscal year 

24 2021, $5,000,000 to carry out the activities set forth 

25 in subsections (b) and (c). 


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1 (2) NOTIFICATION REQUIREMENTS.—Amounts 

2 appropriated pursuant to paragraph (1) are subject 

3 to the notification requirements applicable to ex4 penditures from the Economic Support Fund under 

5 section 531(c) of the Foreign Assistance Act of 1961 

6 (22 U.S.C. 2346(c)) to the extent that such funds 

7 are expended. 

8 SEC. 105. PROMOTING THE RULE OF LAW IN DIGITAL GOV9 ERNANCE. 

10 (a) SENSE OF CONGRESS.—It is the sense of Con11 gress that United States engagement with Latin America 

12 and the Caribbean regarding digital infrastructure and se13 curity should— 

14 (1) help protect privacy, civil liberties, and 

15 human rights; and 

16 (2) strengthen institutions aimed at fighting 

17 cybercrimes. 

18 (b) IN GENERAL.—The Secretary of State, in coordi19 nation with the Department of Justice, shall conduct dip20 lomatic engagement to encourage and facilitate Latin 

21 American and Caribbean governments’ adoption of stand22 ards to address cybercrimes, such as institutionalizing the 

23 recommendations of the Organization of American States 

24 Ninth Meeting of Ministers of Justice or Other Ministers 

25 or Attorneys General of the Americas Working Group on 


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1 Cybercrime (December 2016: OEA/Ser. K/XXXIV), in2 cluding— 

3 (1) adopting or updating procedural measures 

4 and legislation necessary to ensure the collection and 

5 safe custody of all forms of electronic evidence and 

6 their admissibility in criminal proceedings and trials 

7 and to enable States to assist one another in matters 

8 involving electronic evidence, with due regard for 

9 rights to privacy and due process; 

10 (2) developing and implementing national strat11 egies to deter, investigate, and prosecute cybercrime 

12 as part of a broader and more coordinated effort to 

13 protect the information technology systems and net14 works of citizens, businesses, and governments; 

15 (3) continuing to develop partnerships among 

16 Latin American and Caribbean officials responsible 

17 for preventing, investigating, and prosecuting such 

18 crimes, and the private sector, in order to streamline 

19 and improve the procurement of information in the 

20 context of mutual assistance proceedings; and 

21 (4) working, in cooperation with like-minded de22 mocracies in international organizations, to advance 

23 standards for digital governance and promote a free 

24 and open internet. 


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1 (c) SEMIANNUAL BRIEFING REQUIREMENT.—Not 

2 later than 180 days after the date of the enactment of 

3 this Act, and every 180 days thereafter until the date that 

4 is 5 years after such date of enactment, the Secretary of 

5 State shall brief the Committee on Foreign Relations of 

6 the Senate and the Committee on Foreign Affairs of the 

7 House of Representatives regarding the diplomatic en8 gagement described in subsection (b). 

9 SEC. 106. INVESTING IN PROJECTS THAT STRENGTHEN THE 

10 REGION’S DIGITAL INFRASTRUCTURE. 

11 (a) FINDINGS.—Congress makes the following find12 ings: 

13 (1) According to a 2016 report by the Organi14 zation for Economic Cooperation and Development, 

15 ‘‘Working Paper No. 334: Harnessing the Digital 

16 Economy for Developing Countries’’— 

17 (A) the digital economy fosters growth and 

18 productivity and supports inclusive development 

19 by improving accessibility for previously 

20 marginalized groups; 

21 (B) access to digital infrastructure can 

22 provide these groups with a whole range of 

23 markets and services, including education, peer24 to-peer lending, e-government, the sharing econVerDate Sep 11 2014 23:59 Sep 02, 2020 Jkt 099200 PO 00000 Frm 00029 Fmt 6652 Sfmt 6201 E:\BILLS\S4528.IS S4528

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1 omy, crowdfunding, and online job matching 

2 services; and 

3 (C) adoption and usage of digital tech4 nologies raises the productivity of capital and 

5 labor, enables the participation in global value 

6 chains, and contributes to greater inclusion by 

7 lowering transaction costs and expanding access 

8 to information. 

9 (2) According to the Inter-American Develop10 ment Bank, the combination of high rates of finan11 cial exclusion and high mobile penetration and tech12 nological innovation represents a great opportunity 

13 to use technology to enable financial services to 

14 reach a part of the population in Latin America that 

15 has been underserved by traditional financial serv16 ices. 

17 (b) DIGITAL INFRASTRUCTURE ACCESS AND SECU18 RITY STRATEGY.—Not later than 180 days after the date 

19 of the enactment of this Act, the Secretary of State, in 

20 coordination with relevant Federal agencies, shall submit 

21 to Congress a strategy and implementation plan for 

22 leveraging United States expertise to help Latin American 

23 and Caribbean governments— 

24 (1) develop and secure their digital infrastruc25 ture; 


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1 (2) protect technological assets, including data 

2 privacy; 

3 (3) advance cybersecurity to protect against 

4 cybercrime and cyberespionage; and 

5 (4) create more equal access to economic oppor6 tunities for their citizens. 

7 (c) CHALLENGES.—The strategy described in sub8 section (b) shall address— 

9 (1) the severe digital divides between more 

10 wealthy urban centers and rural districts; 

11 (2) the need for protection of citizens’ privacy; 

12 and 

13 (3) the need to expand existing initiatives to 

14 allow public-private partnerships to increase access 

15 to micro-grids and decentralized electronic systems. 

16 (d) CONSULTATION.—In creating the strategy de17 scribed in subsection (b), the Secretary of State shall con18 sult with— 

19 (1) leaders of the United States telecommuni20 cation industry; 

21 (2) other technology experts from nongovern22 mental organizations and academia; and 

23 (3) representatives from relevant United States 

24 Government agencies. 


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1 (e) SEMIANNUAL BRIEFING REQUIREMENT.—Not 

2 later than 180 days after the date of the enactment of 

3 this Act, and every 180 days thereafter until the date that 

4 is 5 years after such date of enactment, the Secretary of 

5 State shall brief the Committee on Foreign Relations of 

6 the Senate and the Committee on Foreign Affairs of the 

7 House of Representatives regarding the implementation of 

8 the strategy described in subsection (b). 

9 SEC. 107. COUNTERING FOREIGN CORRUPT PRACTICES IN 

10 THE AMERICAS. 

11 (a) IN GENERAL.—The Secretary of State, working 

12 through the Assistant Secretary of State for Economic 

13 and Business Affairs and the Assistant Secretary of State 

14 for International Narcotics and Law Enforcement Affairs, 

15 shall offer to provide technical assistance to partner gov16 ernments in Latin America and the Caribbean to assist 

17 members of national legislatures and executive branch of18 ficials in establishing legislative and regulatory frame19 works that are similar to those set forth in— 

20 (1) section 30A of the Securities Exchange Act 

21 of 1934 (15 U.S.C. 78dd–1); and 

22 (2) section 104 of the Foreign Corrupt Prac23 tices Act of 1977 (15 U.S.C. 78dd–2). 


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1 (b) PURPOSES.—In carrying out subsection (a), the 

2 Secretary of State shall actively encourage partner govern3 ments— 

4 (1) to adopt standards similar to those in the 

5 Foreign Corrupt Practices Act of 1977 (title I of 

6 Public Law 95–213) that deter fraudulent business 

7 practices and increase government and private sector 

8 accountability in Latin America and the Caribbean; 

9 and 

10 (2) to strengthen the investigative and prosecu11 torial capacity of government institutions in Latin 

12 America and the Caribbean to combat fraudulent 

13 business practices involving public officials. 

14 (c) STRATEGY REQUIREMENT.—Not later than 90 

15 days after the date of the enactment of this Act, the Sec16 retary of State shall submit a strategy for carrying out 

17 the activities described in subsections (a) and (b) to— 

18 (1) the Committee on Foreign Relations of the 

19 Senate; 

20 (2) the Committee on Appropriations of the 

21 Senate; 

22 (3) the Committee on Foreign Affairs of the 

23 House of Representatives; and 

24 (4) the Committee on Appropriations of the 

25 House of Representatives. 


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1 (d) CONSULTATION.—In formulating the strategy de2 scribed in subsection (c), the Secretary of State shall con3 sult with the Secretary of the Treasury and the Attorney 

4 General. 

5 (e) SEMIANNUAL BRIEFING REQUIREMENT.—Not 

6 later than 180 days after the date of the enactment of 

7 this Act, and every 180 days thereafter until the date that 

8 is 5 years after such date of enactment, the Secretary of 

9 State shall provide a briefing regarding the activities de10 scribed in subsections (a) and (b) and the strategy sub11 mitted under subsection (c) to— 

12 (1) the Committee on Foreign Relations of the 

13 Senate; and 

14 (2) the Committee on Foreign Affairs of the 

15 House of Representatives. 

16 (f) AUTHORIZATION OF APPROPRIATIONS.— 

17 (1) IN GENERAL.—There is authorized to be 

18 appropriated $10,000,000 to the Department of 

19 State for fiscal year 2021— 

20 (A) to carry out the activities set forth in 

21 subsections (a) and (b); and 

22 (B) to develop the strategy submitted 

23 under subsection (c). 

24 (2) NOTIFICATION REQUIREMENTS.—Amounts 

25 appropriated pursuant to paragraph (1) are subject 


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1 to the notification requirements applicable to ex2 penditures from the Economic Support Fund under 

3 section 531(c) of the Foreign Assistance Act of 1961 

4 (22 U.S.C. 2346(c)) and the International Narcotics 

5 and Law Enforcement Fund under section 489 of 

6 the Foreign Assistance Act of 1961 (22 U.S.C. 

7 2291h), to the extent that such funds are expended. 

8 SEC. 108. COUNTERING MALIGN BUSINESS PRACTICES. 

9 (a) FINDINGS.—Congress makes the following find10 ings: 

11 (1) China has demonstrated a pattern of ex12 ploiting international norms and domestic laws in 

13 foreign states to its benefit, while ignoring such laws 

14 and norms when they interfere with China’s per15 ceived national interests. 

16 (2) China has demonstrated a pattern of 

17 bribing foreign government officials to ensure that it 

18 receives favorable terms on infrastructure deals and 

19 overstates the benefits or underplays the risks of 

20 proposed infrastructure projects. 

21 (b) ALIENS INELIGIBLE FOR VISAS, ADMISSION, OR

22 PAROLE.—An alien described in this subsection is an alien 

23 whom the Secretary of State or the Secretary of Homeland 

24 Security (or a designee of either Secretary) knows, or has 

25 reason to believe, is engaging or has engaged in acts of 


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1 significant corruption in a country in Latin America or 

2 the Caribbean with representatives of, or on behalf of, the 

3 Government of China, a Chinese state-owned entity, or a 

4 Chinese private sector entity. 

5 (c) VISAS, ADMISSION, OR PAROLE.—An alien de6 scribed in subsection (b) is— 

7 (1) inadmissible to the United States; 

8 (2) ineligible to receive a visa or other docu9 mentation to enter the United States; and 

10 (3) otherwise ineligible to be admitted or pa11 roled into the United States or to receive any benefit 

12 under the Immigration and Nationality Act (8 

13 U.S.C. 1101 et seq.). 

14 (d) CURRENT VISAS REVOKED.— 

15 (1) IN GENERAL.—An alien described in sub16 section (b) is subject to revocation of any visa or 

17 other entry documentation regardless of when the 

18 visa or other entry documentation is or was issued. 

19 (2) IMMEDIATE EFFECT.—A revocation under 

20 paragraph (1)— 

21 (A) shall take effect immediately; and 

22 (B) shall automatically cancel any other 

23 valid visa or entry documentation that is in the 

24 alien’s possession. 


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1 (e) EXCEPTIONS.—Sanctions under subsections (c) 

2 and (d) shall not apply with respect to an alien if admit3 ting or paroling the alien into the United States is nec4 essary— 

5 (1) to permit the United States to comply with 

6 the Agreement regarding the Headquarters of the 

7 United Nations, signed at Lake Success June 26, 

8 1947, and entered into force November 21, 1947, 

9 between the United Nations and the United States, 

10 or other applicable international obligations; or 

11 (2) to carry out or assist law enforcement activ12 ity in the United States. 

13 (f) NATIONAL SECURITY.—The President may waive 

14 the application of this section with respect to an alien if 

15 the President— 

16 (1) determines that such a waiver is in the na17 tional security interest of the United States; and 

18 (2) submits a notice of, and justification for, 

19 such waiver to the appropriate congressional com20 mittees. 

21 SEC. 109. PROMOTING GREATER ENERGY SECURITY. 

22 (a) POLICY STATEMENT.—It is the policy of the 

23 United States to help Caribbean countries— 

24 (1) achieve greater energy security; and 

25 (2) lower their dependence on imported fuels. 


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1 (b) STRATEGY REQUIREMENT.—Not later than 120 

2 days after the date of the enactment of this Act, the Sec3 retary of State shall submit a multi-year strategy to the 

4 Committee on Foreign Relations of the Senate and the 

5 Committee on Foreign Affairs of the House of Representa6 tives for regional cooperation with Caribbean countries— 

7 (1) to lower the region’s dependence on im8 ported fuels, grow the region’s domestic energy pro9 duction for the generation of electricity, and 

10 strengthen regional energy security; 

11 (2) to lower the region’s dependence on oil in 

12 the transportation sector; 

13 (3) to increase the region’s energy efficiency, 

14 energy conservation, and investment in alternatives 

15 to imported fuels; 

16 (4) to improve grid reliability and modernize 

17 electricity transmission networks; 

18 (5) to advance deployment of innovative solu19 tions to expand community and individuals’ access 

20 to electricity; and 

21 (6) to help reform the region’s energy markets 

22 to encourage good regulatory governance and to pro23 mote a climate of private sector investment. 

24 (c) ELEMENTS.—The strategy required under sub25 section (b) shall include— 


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1 (1) a thorough review and inventory of United 

2 States Government activities to promote energy se3 curity in the Caribbean region and to reduce the re4 gion’s reliance on oil for electricity generation that 

5 are being carried out bilaterally, regionally, and in 

6 coordination with multilateral institutions; 

7 (2) opportunities for marshaling regional co8 operation— 

9 (A) to overcome market barriers resulting 

10 from the small size of Caribbean energy mar11 kets; 

12 (B) to address the high transportation and 

13 infrastructure costs faced by Caribbean coun14 tries; 

15 (C) to ensure greater donor coordination 

16 between governments, multilateral institutions, 

17 multilateral banks, and private investors; and 

18 (D) to expand regional financing opportu19 nities to allow for lower cost energy entrepre20 neurship; 

21 (3) measures to encourage each Caribbean gov22 ernment to ensure that it has— 

23 (A) an independent utility regulator or 

24 equivalent; 


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1 (B) affordable access by third-party inves2 tors to its electrical grid with minimal regu3 latory interference; 

4 (C) effective energy efficiency and energy 

5 conservation; 

6 (D) programs to address technical and 

7 nontechnical issues; 

8 (E) a plan to eliminate major market dis9 tortions; 

10 (F) cost-reflective tariffs; and 

11 (G) no tariffs or other taxes on clean en12 ergy solutions; and 

13 (4) recommendations for how United States 

14 policy, technical, and economic assistance can be 

15 used in the Caribbean region— 

16 (A) to advance renewable energy develop17 ment and the incorporation of renewable tech18 nologies into existing energy grids and the de19 velopment and deployment of micro-grids where 

20 appropriate and feasible; 

21 (B) to create regional financing opportuni22 ties to allow for lower cost energy entrepreneur23 ship; 

24 (C) to deploy transaction advisors in the 

25 region to help attract private investment and 


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1 break down any market or regulatory barriers; 

2 and 

3 (D) to establish a mechanism for each host 

4 government to have access to independent legal 

5 advice— 

6 (i) to speed the development of en7 ergy-related contracts; and 

8 (ii) to better protect the interests of 

9 Caribbean governments and their citizens. 

10 TITLE II—PROMOTING RE11 GIONAL SECURITY AND DIG12 ITAL SECURITY, AND PRO13 TECTING HUMAN RIGHTS IN 

14 THE AMERICAS 

15 SEC. 201. ENSURING THE INTEGRITY OF TELECOM AND 

16 DATA NETWORKS AND CRITICAL INFRA17 STRUCTURE. 

18 (a) SENSE OF CONGRESS.—It is the sense of Con19 gress that— 

20 (1) allegations of espionage, intellectual prop21 erty theft, hacking, and unscrupulous business prac22 tices often accompany the entrance of Chinese com23 panies into a region; 

24 (2) the United States Government should assist 

25 Latin American and Caribbean governments and 


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1 businesses in developing their own digital tele2 communications networks to render them less sus3 ceptible to Chinese malfeasance; and 

4 (3) strengthening and implementing intellectual 

5 property and cyber governance laws will boost inno6 vation in the Latin America and the Caribbean. 

7 (b) TECHNICAL ASSISTANCE.—The Secretary of 

8 State, working through the Office of the Coordinator for 

9 Cyber Issues of the Department of State, and in consulta10 tion with the Attorney General, the Director of the Fed11 eral Bureau of Investigation, and the Chief of the Inter12 national Bureau of the Federal Communications Commis13 sion shall offer to provide technical assistance to partner 

14 governments in Latin America and the Caribbean to 

15 strengthen their capacity to promote digital security, in16 cluding— 

17 (1) defending the integrity of digital infrastruc18 ture and digital assets, including data storage sys19 tems, such as Cloud computing, proprietary data, 

20 personal information, and proprietary technologies; 

21 (2) detecting, identifying, and investigating 

22 cybercrimes, including the collection of digital foren23 sic evidence; 

24 (3) developing appropriate enforcement mecha25 nisms for cybercrimes; 


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1 (4) detecting and identifying perpetrators; and 

2 (5) prosecuting cybercrimes and holding per3 petrators accountable for such crimes. 

4 (c) PRIORITIZATION.—The Secretary of State, in pro5 viding the technical assistance described in subsection (b), 

6 shall prioritize working with national and regional law en7 forcement entities, including— 

8 (1) police forces; 

9 (2) public prosecutors; 

10 (3) attorneys general 

11 (4) courts; and 

12 (5) other law enforcement and civilian intel13 ligence entities, as appropriate. 

14 (d) CYBER DEFENSE ASSISTANCE.—The Secretary 

15 of State, in coordination with the Commander of the 

16 United States Cyber Command and the Director of Na17 tional Intelligence, shall offer to provide technical assist18 ance to strengthen the capacity of partner governments 

19 in Latin America and the Caribbean— 

20 (1) to protect the integrity of their telecom and 

21 data networks and their critical infrastructure; 

22 (2) to build and monitor secure telecom and 

23 data networks; 

24 (3) to identify cyber threats and detect and 

25 deter cyber attacks; 


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1 (4) to investigate cyber crimes, including the 

2 collection of digital forensic evidence; 

3 (5) to protect the integrity of digital infrastruc4 ture and digital assets, including data storage sys5 tems (including Cloud computing), proprietary data, 

6 personal information, and proprietary technologies; 

7 (6) to plan maintenance, improvements, and 

8 modernization in a coordinated and regular fashion 

9 so as to ensure continuity and safety; and 

10 (7) to protect the digital systems that manage 

11 roads, bridges, ports, and transportation hubs. 

12 (e) BRIEFING REQUIREMENT.—Not later than 180 

13 days after the date of the enactment of this Act, and every 

14 180 days thereafter, the Secretary of State shall provide 

15 a briefing regarding the technical assistance described in 

16 subsection (b) and (d) to— 

17 (1) the Committee on Foreign Relations of the 

18 Senate; 

19 (2) the Committee on the Judiciary of the Sen20 ate; 

21 (3) the Committee on Armed Services of the 

22 Senate; 

23 (4) the Committee on Foreign Affairs of the 

24 House of Representatives; 


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1 (5) the Committee on the Judiciary of the 

2 House of Representatives; and 

3 (6) the Committee on Armed Services of the 

4 House of Representatives. 

5 SEC. 202. ADDRESSING THE RISKS THAT PERVASIVE SUR6 VEILLANCE AND MONITORING TECH7 NOLOGIES POSE TO HUMAN RIGHTS. 

8 (a) FINDINGS.—Congress makes the following find9 ings: 

10 (1) According to a 2018 report by Freedom 

11 House— 

12 (A) China has stepped up efforts to use 

13 digital media to increase its own power, both in14 side and outside of China; 

15 (B) in 2018, for the second year in a row, 

16 China was the worst abuser of internet free17 dom, and during that year, the Government of 

18 China hosted media officials from dozens of 

19 countries for 2- and 3-week seminars on its 

20 sprawling system of censorship and surveillance; 

21 (C) Chinese companies have supplied tele22 communications hardware, advanced facial-rec23 ognition technology, and data analytics tools to 

24 a variety of governments with poor human 

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1 telligence services and repressive local authori2 ties; and 

3 (D) China’s Belt and Road Initiative in4 cludes a ‘‘Digital Silk Road’’ of Chinese-built 

5 fiber-optic networks that could expose internet 

6 traffic to greater monitoring by local and Chi7 nese intelligence agencies, given that China is 

8 determined to set the technical standards for 

9 how the next generation of traffic is coded and 

10 transmitted. 

11 (2) As part of its engagement with Latin Amer12 ican and Caribbean governments, China has begun 

13 promoting the installation of pervasive surveillance 

14 camera systems, under the pretext of citizen secu15 rity, in Bolivia, Ecuador, and Venezuela, to be fi16 nanced, designed, installed, and maintained by com17 panies linked to the Government of China. 

18 (b) SENSE OF CONGRESS.—It is the sense of Con19 gress that— 

20 (1) China is exporting its model for internal se21 curity and state control of society through advanced 

22 technology and artificial intelligence; and 

23 (2) the adoption of surveillance systems can 

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1 creased censorship, violations of civil rights, and 

2 harassment of political opponents. 

3 (c) DIPLOMATIC ENGAGEMENT.—The Secretary of 

4 State shall conduct diplomatic engagement with govern5 ments in Latin America and the Caribbean— 

6 (1) to help officials identify and mitigate the 

7 risks to civil liberties posed by pervasive surveillance 

8 and monitoring technologies; and 

9 (2) to offer recommendations on ways to miti10 gate such risks. 

11 (d) INTERNET FREEDOM PROGRAMS.—The Chief 

12 Executive Officer of the United States Agency for Global 

13 Media, working through the Open Technology Fund, and 

14 the Secretary of State, working through the Bureau of De15 mocracy, Human Rights, and Labor’s office of Internet 

16 Freedom and Business and Human Rights, shall expand 

17 and prioritize efforts to provide anti-censorship technology 

18 and services to journalists and citizens in Latin America, 

19 in order to enhance their ability to safely access or share 

20 digital news and information without fear of repercussions 

21 or surveillance. 

22 (e) SUPPORT FOR CIVIL SOCIETY.—The Secretary of 

23 State, acting through the Assistant Secretary of State for 

24 Democracy, Human Rights, and Labor, and in coordina25 tion with the Administrator of the United States Agency 


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1 for International Development, shall work through non2 governmental organizations— 

3 (1) to support and promote programs that sup4 port internet freedom and the free flow of informa5 tion online in Latin America and the Caribbean; 

6 (2) to protect open, secure, and reliable access 

7 to the internet in Latin America and the Caribbean; 

8 (3) to provide integrated support to civil society 

9 for technology, digital safety, policy and advocacy, 

10 and applied research programs in Latin America 

11 and the Caribbean; 

12 (4) to train journalists and civil society leaders 

13 in Latin America and the Caribbean on investigative 

14 techniques necessary to ensure public accountability 

15 and prevent government overreach in the digital 

16 sphere; and 

17 (5) to assist independent media outlets and 

18 journalists in Latin America and the Caribbean to 

19 build their own capacity and develop high-impact, in20 depth news reports covering governance and human 

21 rights topics. 

22 (f) BRIEFING REQUIREMENT.—Not more than 180 

23 days after the date of the enactment of this Act, and every 

24 180 days thereafter, the Secretary of State, the Adminis25 trator of the United States Agency for International DeVerDate Sep 11 2014 23:59 Sep 02, 2020 Jkt 099200 PO 00000 Frm 00048 Fmt 6652 Sfmt 6201 E:\BILLS\S4528.IS S4528

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1 velopment, and the Chief Executive Officer of the United 

2 States Agency for Global Media shall provide a briefing 

3 regarding the efforts described in subsections (c), (d), and 

4 (e) to— 

5 (1) the Committee on Foreign Relations of the 

6 Senate; 

7 (2) the Committee on Appropriations of the 

8 Senate; 

9 (3) the Committee on Foreign Affairs of the 

10 House of Representatives; and 

11 (4) the Committee on Appropriations of the 

12 House of Representatives. 

13 (g) AUTHORIZATION OF APPROPRIATIONS.— 

14 (1) IN GENERAL.—There are authorized to be 

15 appropriated $10,000,000 for fiscal year 2021 to 

16 carry out the activities set forth in subsection (e). 

17 (2) NOTIFICATION REQUIREMENTS.—Amounts 

18 appropriated pursuant to paragraph (1) are subject 

19 to the notification requirements applicable to ex20 penditures from— 

21 (A) the Economic Support Fund under 

22 section 531(c) of the Foreign Assistance Act of 

23 1961 (22 U.S.C. 2346(c)); and 


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1 (B) the Development Assistance Fund 

2 under section 653(a) of the Foreign Assistance 

3 Act of 1961 (22 U.S.C. 2413(a)). 

4 SEC. 203. REVITALIZING BILATERAL AND MULTILATERAL 

5 MILITARY EDUCATION PROGRAMS. 

6 (a) IN GENERAL.—The Secretary of State shall dedi7 cate not less than 17 percent of the amounts appropriated 

8 to bilateral and multilateral military education programs, 

9 such as the International Military Education and Training 

10 program, for Latin America and the Caribbean during the 

11 5-year period beginning on the date of the enactment of 

12 this Act. 

13 (b) MODERNIZATION.—The Secretary of State shall 

14 take steps to modernize and strengthen the programs re15 ceiving funding under subsection (a)— 

16 (1) to ensure that such programs are vigorous, 

17 substantive, and the preeminent choice for inter18 national military education and training for Latin 

19 American and Caribbean partners. 

20 (c) REQUIRED ELEMENTS.—The programs referred 

21 to under subsection (a) shall— 

22 (1) provide training and capacity-building op23 portunities to Latin American and Caribbean secu24 rity services; 


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1 (2) provide practical skills and frameworks 

2 for— 

3 (A) improving the functioning and organi4 zation of security services in Latin America and 

5 the Caribbean; 

6 (B) creating a better understanding of the 

7 United States and its values; and 

8 (C) using technology for maximum effi9 ciency and organization; and 

10 (3) promote and ensure that security services in 

11 Latin America and the Caribbean operate in compli12 ance with international norms, standards, and rules 

13 of engagement, including a respect for human 

14 rights, democracy, and civilian control. 

15 (d) LIMITATION.—Security assistance under this sec16 tion is subject to the limitations set forth in section 620M 

17 of the Foreign Assistance Act of 1961 (22 U.S.C. 2378d). 


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1 TITLE III—ADVANCING THE 

2 ROLE OF CIVIL SOCIETY IN 

3 LATIN AMERICA AND THE 

4 CARIBBEAN 

5 SEC. 301. COUNTERACTING GROWING CHINESE EDU6 CATIONAL AND CULTURAL INFLUENCE IN 

7 LATIN AMERICA AND THE CARIBBEAN. 

8 (a) FINDING.—According to a report by the National 

9 Endowment for Democracy— 

10 (1) China has spent the equivalent of billions of 

11 dollars to shape public opinion and perceptions 

12 around the world through thousands of people-to13 people exchanges, cultural activities, educational pro14 grams, and the development of media enterprises 

15 and information initiatives with global reach; 

16 (2) the aim of Chinese influence efforts is in17 tended to distract and manipulate the political and 

18 information environments in targeted countries; and 

19 (3) the countries most vulnerable to Chinese ef20 forts are those in which democratic institutions are 

21 weak. 

22 (b) SENSE OF CONGRESS.—It is the sense of Con23 gress that China’s efforts to mold public opinion and influ24 ence educational institutions on the issues described in 

25 subsection (a) undermines United States influence in 


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1 Latin America and the Caribbean and threaten democratic 

2 institutions and practices in the region. 

3 (c) STRATEGY.—The Secretary of State, acting 

4 through the Assistant Secretary of State for Educational 

5 and Cultural Affairs, and in coordination with the Assist6 ant Administrator for the Bureau of Economic Growth, 

7 Education, and Environment at the United States Agency 

8 for International Development, shall devise a strategy— 

9 (1) to expand existing programs and, as nec10 essary, design and implement educational, profes11 sional, and cultural exchanges and other programs 

12 to create and sustain mutual understanding with 

13 other countries necessary to advance United States 

14 foreign policy goals by cultivating people-to-people 

15 ties among current and future global leaders that 

16 build enduring networks and personal relationships 

17 and promote United States national security and 

18 values, including the expansion of exchange visitor 

19 programs, such as international visitor leadership 

20 programs and professional capacity building pro21 grams that prioritize building skills in entrepreneur22 ship, promoting transparency, and technology; 

23 (2) to expand and strengthen existing pro24 grams, and, as necessary, design and implement 

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1 ica and the Caribbean, in accordance with the 

2 United States Strategy on International Basic Edu3 cation and the United States Agency for Inter4 national Development Education Policy, to enable all 

5 young adults, youth, and children to acquire the 

6 quality education and skills needed to be productive 

7 members in society, which will lead to better health, 

8 economic growth, a sustainable environment, and 

9 peaceful, democratic societies; 

10 (3) to dedicate not less than 18 percent of the 

11 budget of the Bureau of Educational and Cultural 

12 Affairs of the Department of State to carry out the 

13 activities described in paragraph (1); and 

14 (4) to dedicate not less than 8 percent of the 

15 budget of the Education Office of the United States 

16 Agency for International Development to carry out 

17 the activities described in paragraph (2). 

18 (d) BRIEFING REQUIREMENT.—Not later than 180 

19 days after the date of the enactment of this Act, and every 

20 180 days thereafter, the Secretary of State, the Assistant 

21 Secretary of State for Educational and Cultural Affairs, 

22 and the Assistant Administrator for the Bureau of Eco23 nomic Growth, Education, and Environment at the United 

24 States Agency for International Development shall provide 


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1 a briefing regarding the efforts described in subsection (c) 

2 to— 

3 (1) the Committee on Foreign Relations of the 

4 Senate; 

5 (2) the Committee on Appropriations of the 

6 Senate; 

7 (3) the Committee on Foreign Affairs of the 

8 House of Representatives; and 

9 (4) the Committee on Appropriations of the 

10 House of Representatives. 

11 SEC. 302. ADVANCING THE ROLE OF CIVIL SOCIETY AND 

12 THE MEDIA TO PROMOTE ACCOUNTABILITY. 

13 (a) IN GENERAL.—The Secretary of State, acting 

14 through the Assistant Secretary of State for Democracy, 

15 Human Rights, and Labor, the Assistant Secretary of 

16 State for Education and Cultural Affairs, and the Coordi17 nator of the Global Engagement Center, shall expand ex18 isting initiatives and, as necessary, develop and implement 

19 new initiatives that facilitate and strengthen the capacity 

20 of civil society and independent media outlets to increase 

21 transparency and accountability among government and 

22 business leaders. 

23 (b) PROGRAM ELEMENTS.—The initiatives under 

24 subsection (a) shall include— 


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1 (1) training for journalists and civil society 

2 leaders on investigative techniques necessary to im3 prove transparency and accountability in government 

4 and the private sector; 

5 (2) training on investigative reporting relating 

6 to incidents of corruption and unfair trade, business 

7 and commercial practices, including the role of the 

8 Government of China in such practices; 

9 (3) training on investigative reporting relating 

10 to efforts the use of misinformation, disinformation, 

11 and state media to influence public opinion in Latin 

12 America and the Caribbean, including the role of the 

13 Government of China in such practices; and 

14 (4) assistance for nongovernmental organiza15 tions to strengthen their capacity to monitor the ac16 tivities described in paragraphs (2) and (3). 

17 (c) CONSULTATION.—In developing and imple18 menting the initiatives under subsection (a), the Secretary 

19 of State shall consult with— 

20 (1) nongovernmental organizations focused on 

21 transparency and combating corruption, such as 

22 Transparency International, the Latin American and 

23 Caribbean chapters of Transparency International, 

24 and similar organizations; and 


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1 (2) media organizations that promote investiga2 tive journalism and train organizations in investiga3 tive techniques necessary to ensure public account4 ability, such as ProPublica, the Center for Public In5 tegrity, and the International Consortium of Inves6 tigative Journalists. 

7 (d) SEMIANNUAL BRIEFING REQUIREMENT.—Not 

8 later than 180 days after the date of the enactment of 

9 this Act, and every 180 days thereafter, the Secretary of 

10 State shall provide a briefing regarding the initiatives 

11 under subsection (a) to— 

12 (1) the Committee on Foreign Relations of the 

13 Senate; and 

14 (2) the Committee on Foreign Affairs of the 

15 House of Representatives. 

16 (e) AUTHORIZATION OF APPROPRIATIONS.— 

17 (1) IN GENERAL.—There is authorized to be 

18 appropriated to the Secretary of State $10,000,000 

19 for fiscal year 2021 to carry out the initiatives under 

20 subsection (a). 

21 (2) NOTIFICATION REQUIREMENTS.—Amounts 

22 appropriated pursuant to paragraph (1) are subject 

23 to the notification requirements applicable to ex24 penditures from the Economic Support Fund under 

25 section 531(c) of the Foreign Assistance Act of 1961 


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1 (22 U.S.C. 2346(c)) and the International Narcotics 

2 and Law Enforcement Fund under section 489 of 

3 the Foreign Assistance Act of 1961 (22 U.S.C. 

4 2291h), to the extent that such funds are expended. 

5 TITLE IV—RESOURCING FOR 

6 SUCCESS 

7 SEC. 401. APPOINTMENT OF CHINA ENGAGEMENT OFFI8 CERS AT UNITED STATES EMBASSIES IN THE 

9 WESTERN HEMISPHERE. 

10 (a) IN GENERAL.—The Secretary of State shall di11 rect the Chiefs of Mission at United States Embassies and 

12 Consulates in Latin America and the Caribbean, including 

13 Cuba, to designate a China Engagement Officer, from 

14 among existing staff at the Post, to monitor and report 

15 on Chinese activities related to diplomatic engagement, 

16 economic investment, critical infrastructure, cybersecurity, 

17 surveillance technology, digital infrastructure, military 

18 and security presence and trainings, intelligence activities, 

19 educational and cultural exchanges, education, and cor20 ruption in the respective countries. 

21 (b) ANNUAL MEETING.—The Assistant Secretary for 

22 Western Hemisphere Affairs shall convene an annual 

23 meeting (either in person or by video conference call) of 

24 all of the China Engagement Officers designated pursuant 

25 to subsection (a)— 


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1 (1) to discuss and compare developments in 

2 their individual countries; 

3 (2) to identify trends in Chinese activities in 

4 Latin America and the Caribbean and its sub5 regions; and 

6 (3) to recommend potential strategies to miti7 gate or compete with Chinese activities in the region. 

8 (c) BRIEFING REQUIREMENT.—Concurrent with the 

9 annual meeting described in subsection (b), China En10 gagement Officers serving in Latin America and the Car11 ibbean, including Cuba, shall brief— 

12 (1) the Committee on Foreign Relations of the 

13 Senate; and 

14 (2) the Committee on Foreign Affairs of the 

15 House of Representatives. 

16 (d) CONSULTATION.—The Assistant Secretary for 

17 Western Hemisphere Affairs and the China Engagement 

18 Officers designated pursuant to subsection (a) shall be 

19 available for consultations with the staff of the congres20 sional committees referred to in subsection (c). 

21 SEC. 402. ASSESSING STAFFING NEEDS AT UNITED STATES 

22 EMBASSIES IN LATIN AMERICA AND THE CAR23 IBBEAN. 

24 (a) STAFFING ASSESSMENT.—Not later than 180 

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1 retary of State shall submit the assessments and accom2 panying reports, if necessary, described in subsections (b) 

3 and (c) to the Committee on Foreign Relations of the Sen4 ate and the Committee on Foreign Affairs of the House 

5 of Representatives. 

6 (b) FOREIGN COMMERCIAL SERVICE ASSESSMENT.— 

7 (1) IN GENERAL.—The Secretary of State, the 

8 Administrator of the United States Agency for 

9 International Development, and the Secretary of 

10 Commerce shall prepare a written assessment that— 

11 (A) determines whether the current staff12 ing levels of the United States Foreign Com13 mercial Service at all United States embassies, 

14 diplomatic, and development offices in Latin 

15 America and the Caribbean are sufficient to 

16 successfully advance United States economic 

17 policy in Latin America and the Caribbean; and 

18 (B) specifically details the results for each 

19 United States embassy, diplomatic, and devel20 opment office in Latin America and the Carib21 bean. 

22 (2) ACCOMPANYING REPORT.—If the assess23 ment under paragraph (1) reveals insufficient staff24 ing levels, the Secretary of State, the Administrator 

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1 opment, and the Secretary of Commerce shall sub2 mit an accompanying report that— 

3 (A) identifies the costs associated with in4 creasing the overseas presence of United States 

5 Foreign Commercial Service officers in Latin 

6 America and the Caribbean; and 

7 (B) includes a timeline and strategy for in8 creasing such staffing levels. 

9 (c) PUBLIC DIPLOMACY ASSESSMENT.— 

10 (1) IN GENERAL.—The Secretary of State shall 

11 prepare a written assessment that— 

12 (A) determines whether the current staff13 ing levels of Foreign Service public diplomacy 

14 officers at all United States embassies and dip15 lomatic offices in Latin America and the Carib16 bean are sufficient— 

17 (i) to successfully advance United 

18 States national interests; and 

19 (ii) to counter misinformation and 

20 disinformation efforts by the Government 

21 of China and the Government of Russia; 

22 and 

23 (B) specifically details the results for each 

24 United States embassy and diplomatic office in 

25 Latin America and the Caribbean. 


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1 (2) ACCOMPANYING REPORT.—If the assess2 ment under paragraph (1) reveals insufficient staff3 ing levels, the Secretary of State shall submit an ac4 companying report that— 

5 (A) identifies the costs associated with in6 creasing the overseas presence of Foreign Serv7 ice public diplomacy officers in Latin America 

8 and the Caribbean; and 

9 (B) includes a timeline and strategy for in10 creasing such staffing levels. 

Æ 


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