I 
118TH CONGRESS 
1ST SESSION H. R. 5105 
To establish a lending program for Latin America and the Caribbean to 
reaffirm the United States commitment to sustainable and equitable 
growth and energy security in the Western Hemisphere. 
IN THE HOUSE OF REPRESENTATIVES 
AUGUST 1, 2023 
Mr. ESPAILLAT introduced the following bill; which was referred to the 
Committee on Foreign Affairs 
A BILL 
To establish a lending program for Latin America and the 
Caribbean to reaffirm the United States commitment 
to sustainable and equitable growth and energy security 
in the Western Hemisphere. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Las Americas Energy 
Security Act’’. 
SEC. 2. FINDINGS; PURPOSE; STATEMENT OF POLICY. 
(a) FINDINGS.—Congress finds the following: 
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(1) Energy independence and security are crit-
ical for a country to maintain its sovereignty, inde-
pendence, and sustainable economic growth. 
(2) The International Energy Agency (‘‘IEA’’) 
defines energy security as the uninterrupted avail-
ability of energy sources at an affordable price. 
(3) The IEA defines long-term energy security 
as primarily dealing with timely investments to sup-
ply energy in line with economic developments and 
environmental needs. 
(4) The IEA defines short-term energy security 
as focusing on the ability of a country’s energy sys-
tem to react promptly to sudden changes in the sup-
ply-demand balance. 
(5) The IEA’s Executive Director remarked in 
February 2023 that Russia’s February 2022 inva-
sion of Ukraine had sparked an ongoing global en-
ergy crisis with serious implications for international 
energy security. 
(6) The Intergovernmental Panel on Climate 
Change (IPCC), a United Nations body that pro-
vides regular assessments on global heating, issued 
a synthesis report in March 2023, and found that 
the effects of global temperature changes were ‘‘al-
ready affecting many weather and climate extremes 
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in every region across the globe,’’ which has ‘‘led to 
widespread adverse impacts on food and water secu-
rity, human health and on economies and society 
and related losses and damages to nature and peo-
ple.’’. 
(7) The IPCC notes that to avoid mounting loss 
of life, biodiversity, and infrastructure, we must have 
ambitious, accelerated action to adapt to climate 
change, while also making rapid, deep cuts in green-
house gas emissions. 
(8) The World Meteorological Organization’s 
State of the Climate in Latin America and the Car-
ibbean 2021 report found that— 
(A) widespread drought across Latin 
America and the Caribbean has had significant 
impact on inland shipping routes, crop yields, 
and food production, and consequently led to 
worsening food insecurity; 
(B) extreme weather events affected mil-
lions of people across Central America, exacer-
bating food insecurity in countries already crip-
pled by economic shocks, COVID–19 impacts, 
and conflict; and 
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(C) sea-level rise poses a major risk to low- 
lying coastal zones in Latin America and the 
Caribbean. 
(9) The United Nations states that facilitating 
more reliable and affordable access to clean elec-
tricity helps governments to improve the quality of 
other basic services, such as education and 
healthcare. Electricity access also helps diversify and 
strengthen local economies. Thus, increasing elec-
tricity access could reduce the need to migrate to 
urban areas and other countries. 
(10) Natural disasters of increased frequency 
are projected to increase the displacement of people 
and the United Nations High Commissioner for Ref-
ugees estimates that an annual average of more than 
20 million people have been forcibly displaced by 
weather-related sudden onset hazards every year 
since 2008. 
(11) Rising commodity and energy prices, as 
well as other global economic shocks such as those 
caused by natural disasters, pandemics, and conflict 
pose a serious security risk that may lead to social 
unrest and instability in Latin America and the Car-
ibbean. 
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(b) SENSE OF CONGRESS.—It is the sense of Con-
gress that the United States has economic and national 
security interests in assisting Latin America and the Car-
ibbean to achieve sustainable energy security. 
(c) STATEMENT OF POLICY.—It is the policy of the 
United States— 
(1) to advance United States foreign policy and 
development goals by helping Latin America and the 
Caribbean meet its short-term energy needs; 
(2) to promote the energy security of Latin 
America and the Caribbean by encouraging the de-
velopment of accessible, transparent, competitive, 
and solvent energy markets and systems that pro-
vide diversified sources, types, and routes of energy, 
as well as by prioritizing clean energy sources that 
reduce carbon emissions and address the ongoing 
global rise in temperatures; 
(3) to encourage United States public and pri-
vate sector investment in Latin American and Carib-
bean energy infrastructure projects to bridge the gap 
between energy security and commercial demand in 
a way that is consistent with the region’s current ab-
sorptive capacity, and that recognizes the impor-
tance of building and widening the absorptive capac-
ity of the region; 
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(4) to help facilitate the export of United States 
energy resources, technology, and expertise to global 
markets in a way that benefits the comprehensive 
energy security of Latin America and the Caribbean; 
and 
(5) to assist partner countries in developing and 
strengthening regulatory and investment frameworks 
that support energy security. 
SEC. 3. SOVEREIGN LENDING PROGRAM FOR ELIGIBLE 
LATIN AMERICAN AND CARIBBEAN PARTNER 
COUNTRIES. 
(a) IN GENERAL.—Not later than 30 days after the 
date of the enactment of this Act, the Secretary of the 
Treasury, with the concurrence of the Secretary of State, 
shall establish a sovereign lending program for eligible 
Latin American and Caribbean partner countries— 
(1) to support their short-term energy needs; 
(2) to fund projects that help them transition 
to renewable or clean energy that reduces carbon 
emissions; 
(3) to fund technical assistance programs that 
ensure that there is a continuous pipeline of clean 
energy projects available for investment from the 
United States, Latin America, and the Caribbean; 
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(4) to provide capital and financing for United 
States companies to make it easier to invest in re-
newable energy projects in smaller and developing 
markets; and 
(5) to provide financing to partner countries to 
help purchase battery solutions that contribute to re-
liable and affordable electricity prices. 
(b) APPLICATION.—To be eligible to receive a loan 
under the program, an eligible Latin American or Carib-
bean partner country shall submit to the Secretary of the 
Treasury an application at such time, in such manner, and 
containing such information as the Secretary may require. 
At minimum, the Secretary shall require an applicant to 
provide— 
(1) information about the energy projects that 
will be supported through these funds, including 
their economic and technical viability, feasibility to 
attract funding from the private sector, net carbon 
impact, the potential to use United States goods and 
services during project implementation, and en-
hancement of energy market integration; 
(2) data on how funds will support equitable 
job creation; 
(3) information regarding environmental im-
pact, including on biodiversity; 
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(4) data on the impact upon marginalized com-
munities; and 
(5) certification that no funds shall be used to 
purchase a commodity from or support in any man-
ner a corporation or state-owned enterprise that has 
an ownership relationship with the Government of 
the People’s Republic of China or the Chinese Com-
munist Party, the Government of the Russian Fed-
eration, or any other foreign adversary or malign in-
fluence. 
(c) PREFERENCE.—In selecting among applications 
for a loan under this section, the Secretary of State shall 
give preference to an eligible Latin American or Caribbean 
partner country that shares democratic values, respect for 
human rights, and economic freedom, as determined by 
the Secretary of State, including members of the Alliance 
for Development in Democracy (the Dominican Republic, 
Costa Rica, Panama, and Ecuador) and the Caribbean 
Community (CARICOM). 
(d) LOAN CONDITIONS.—A loan provided under the 
program— 
(1) shall be— 
(A) a zero-interest loan, not to exceed 30 
years in duration; or 
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(B) a low-interest concessional loan, not to 
exceed 50 years in duration; 
(2) shall not contain any requirements that an 
eligible Latin American or Caribbean partner coun-
try engage in austerity measures or policies that in-
crease poverty and inequality, diminish the quality of 
life, and threaten the immediate access of goods and 
services; 
(3) shall ensure that no funds are used to pur-
chase a commodity from or support in any manner 
a corporation or state-owned enterprise that has an 
ownership relationship with the Government of the 
People’s Republic of China or the Chinese Com-
munist Party, the Government of the Russian Fed-
eration, or any other foreign adversary or malign 
actor; and 
(4) shall be subject to such other terms and 
conditions as the Secretary of the Treasury, in con-
currence with the Secretary of State, determines to 
be appropriate. 
(e) REPORT.— 
(1) IN
GENERAL.—Not later than one year 
after the date of the enactment of this Act, and an-
nually thereafter for 4 years, the Secretary of the 
Treasury, in concurrence with the Secretary of 
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State, and in consultation with the Secretary of En-
ergy and the heads of other relevant Federal depart-
ments and agencies, shall submit to the Committee 
on Foreign Affairs and the Committee on Appro-
priations of the House of Representatives and the 
Committee on Foreign Relations and the Committee 
on Appropriations of the Senate a report on 
progress in the implementation of the program. 
(2) MATTERS TO BE INCLUDED.—The report 
shall— 
(A) include a description of how the pro-
gram strengthens United States national secu-
rity and economic interests in Latin America 
and the Caribbean; 
(B) include an assessment of— 
(i) the status and effectiveness of cur-
rent efforts by regional governments, mul-
tilateral development banks, and the pri-
vate sector to promote energy security in 
Latin America and the Caribbean and to 
transition to clean energy practices; 
(ii) major challenges hindering such 
efforts; and 
(iii) how the United States can 
strengthen the effectiveness of such efforts; 
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(C) identify how activities by the Depart-
ment of State, the United States Agency for 
International Development, the United States 
International Development Finance Corpora-
tion, and other related agencies can effectively 
be leveraged to strengthen and promote energy 
independence and security in Latin America 
and the Caribbean; 
(D) assess diplomatic initiatives taken to 
secure specific national commitments by govern-
ments of eligible Latin American and Caribbean 
partner countries to undertake efforts to pro-
mote energy security and independence in the 
region, address corruption and rule of law con-
cerns, modernize digital and physical infrastruc-
ture, improve ease of doing business, and fi-
nance and incentivize energy security initiatives; 
and 
(E) detail coordination of efforts with rel-
evant multilateral development banks to ad-
vance energy security and independence of eligi-
ble Latin American and Caribbean partner 
countries. 
(f) ANNUAL AUDIT.—The Secretary of the Treas-
ury— 
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(1) shall ensure that a full audit of the program 
is performed on an annual basis; and 
(2) shall submit the results of the audit to the 
Committee on Foreign Affairs and the Committee on 
Appropriations of the House of Representatives and 
the Committee on Foreign Relations and the Com-
mittee on Appropriations of the Senate. 
(g) AUTHORIZATION OF APPROPRIATIONS.—There is 
authorized to be appropriated to the Secretary of the 
Treasury $100,000,000 for each of fiscal years 2024 
through 2029 to carry out the program. 
(h) ELIGIBLE LATIN AMERICAN
OR CARIBBEAN 
PARTNER COUNTRY DEFINED.—In this section, the term 
‘‘eligible Latin American or Caribbean partner country’’— 
(1) means a country that— 
(A) is a beneficiary country for purposes of 
the Caribbean Basin Economic Recovery Act 
(19 U.S.C. 2701 et seq.); 
(B) is a member state of the Caribbean 
Community 
(commonly 
referred 
to 
as 
‘‘CARICOM’’); 
(C) is a member state of the Alliance for 
Development in Democracy; 
(D) is a country in the Western Hemi-
sphere that is a party to a free trade agreement 
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or preference program with the United States; 
or 
(E) is a beneficiary country of the Carib-
bean Basin Security Initiative; and 
(2) does not include any country that— 
(A) has been sanctioned by the United 
States; or 
(B) the Secretary of State determines— 
(i) to be a state sponsor of terrorism; 
or 
(ii) to be a foreign adversary, defined 
as a foreign government engaged in a long- 
term pattern or serious instances of con-
duct adverse to the national security of the 
United States or security and safety of 
United States persons. 
SEC. 4. SUPPORTING EFFORTS TO INCREASE ENERGY SE-
CURITY OF ELIGIBLE LATIN AMERICAN AND 
CARIBBEAN PARTNER COUNTRIES. 
(a) IN GENERAL.—The Secretary of State, in con-
sultation with the Secretary of Energy and the heads of 
other relevant Federal departments and agencies, shall, as 
appropriate, prioritize and expedite the efforts of the De-
partment of State and those other departments and agen-
cies in supporting the efforts of eligible Latin American 
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and Caribbean partner countries to increase their energy 
security, including through— 
(1) providing diplomatic and political support to 
these governments, as necessary— 
(A) to facilitate international negotiations 
concerning 
cross-border 
infrastructure 
and 
transactions; 
(B) to enhance and build Latin America’s 
and the Caribbean’s regulatory environment 
with respect to energy; and 
(C) to develop accessible, transparent, and 
competitive energy markets supplied by diverse 
sources, types, and routes of energy to achieve 
energy efficiency; and 
(2) providing support to improve Latin Amer-
ican and Caribbean energy markets, including early- 
stage project support and late-stage project support 
for the construction or improvement of energy and 
related infrastructure, as necessary— 
(A) to diversify the energy sources and 
supply routes of eligible Latin American and 
Caribbean partner countries; 
(B) to enhance energy market integration 
across the region; and 
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(C) to increase competition and aggregate 
energy markets. 
(b) PROJECT SELECTION.— 
(1) IN
GENERAL.—The Federal departments 
and agencies described in subsection (a) shall iden-
tify energy infrastructure projects that would be ap-
propriate for United States assistance under this 
section. 
(2) PROJECT ELIGIBILITY.—A project is eligible 
for United States assistance under this section if the 
project— 
(A)(i) improves electricity transmission in-
frastructure and power generation through the 
use of a broad power mix, prioritizing renewable 
energy or energy efficiency; 
(ii) advances energy storage projects, 
smart grid projects, distributed generation mod-
els, or other technological innovations and digi-
talization of the power sector, as appropriate; 
and 
(iii) 
improves 
energy 
access 
for 
marginalized and underserved communities; 
(B) is located in an eligible Latin Amer-
ican or Caribbean partner country; and 
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(C) can be conducted in a transparent and 
accountable manner that mitigates any risk of 
corruption. 
(3) PREFERENCE.—In selecting among projects 
that are eligible under paragraph (2), the Federal 
departments and agencies described in subsection 
(a) shall give preference to projects that— 
(A) link the energy systems of two or more 
Latin American and Caribbean partner coun-
tries; 
(B) address the impacts of sustained glob-
al temperature increases; 
(C) enhance resilience to sustained global 
temperature increases and global economic 
shocks; 
(D) are expected to enhance energy market 
integration; 
(E) can demonstrate sustainability by at-
tracting funding from the private sector, an 
international financial institution, or the gov-
ernment of the country in which the project will 
be carried out; 
(F) have the potential to use United States 
goods and services during project implementa-
tion; or 
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(G) decrease electricity prices and promote 
price stability in the face of global economic 
shocks. 
(c) TYPES OF ASSISTANCE.— 
(1) DIPLOMATIC
AND
POLITICAL
SUPPORT.— 
The Secretary of State shall provide diplomatic and 
political support to the governments of eligible Latin 
American and Caribbean countries, as necessary, in-
cluding by using the diplomatic and political influ-
ence and expertise of the Department of State to 
build the capacity of those countries to resolve any 
impediments to the development of projects selected 
under subsection (b). 
(2) EARLY-STAGE PROJECT SUPPORT.—The Di-
rector of the Trade and Development Agency, in 
consultation with the United States Agency for 
International Development, the Inter-American De-
velopment Bank, the Caribbean Development Bank, 
and the World Bank, shall provide early-stage 
project support with respect to projects selected 
under subsection (b), as necessary. 
(3) LATE-STAGE PROJECT SUPPORT.—Federal 
departments and agencies described in subsection 
(a) that provide late-stage project support shall do 
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so with respect to projects selected under subsection 
(b), as necessary. 
(d) EXCEPTION FROM CERTAIN LIMITATION UNDER 
BUILD ACT.—For purposes of providing support for 
projects under this section— 
(1) the United States International Develop-
ment Finance Corporation may provide support for 
projects in countries with upper-middle-income 
economies or high-income economies (as those terms 
are defined by the World Bank); 
(2) the restriction under section 1412(c)(2) of 
the BUILD Act of 2018 (22 U.S.C. 9612(c)(2)) 
shall not apply; and 
(3) the Corporation shall restrict the provision 
of such support in a country described in paragraph 
(1) unless— 
(A) the President certifies to the appro-
priate congressional committees that such sup-
port furthers the national economic or foreign 
policy interests of the United States; and 
(B) such support is— 
(i) designed to produce significant de-
velopmental outcomes or provide develop-
mental benefits to the poorest population 
of that country; or 
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(ii) necessary to preempt or counter 
efforts by a strategic competitor of the 
United States to secure significant political 
or economic leverage or acquire national 
security-sensitive technologies or infra-
structure in a country that is an ally or 
partner of the United States. 
(e) PROGRESS REPORTS.—Not later than one year 
after the date of the enactment of this Act, and annually 
thereafter for seven years, the President shall transmit to 
the Committee on Foreign Affairs and the Committee on 
Appropriations of the House of Representatives and the 
Committee on Foreign Relations and the Committee on 
Appropriations of the Senate a report on progress made 
in providing assistance for projects under this section that 
includes the following: 
(1) A description of the energy infrastructure 
projects the United States has identified for such as-
sistance. 
(2) For each such project— 
(A) a description of the role of the United 
States in the project, including in early-stage 
project support and late-stage project support; 
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