CAUTION Act
Bill: S.4907 | Sponsor: Sen. Cruz, Ted (R-TX)
Policy area: International Affairs

Summary:
Colombia Assistance Used Transparently by Institutionalizing Oversight Now Act of 2022 or the CAUTION Act
This bill sets conditions on the provision of civil or military assistance to Colombia.

To condition civil and military assistance to the Government of 
  Colombia on certain recurring certifications from the Secretary of 
                                 State.

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

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Colombia Assistance Used 
Transparently by Institutionalizing Oversight Now Act of 2022'' or the 
``CAUTION Act''.

SEC. 2. CERTIFICATION REQUIREMENTS FOR CIVIL AND MILITARY ASSISTANCE TO 
              COLOMBIA.

    (a) Conditions on Civil and Military Assistance.--Notwithstanding 
any other provision of law, no civil or military assistance to Colombia 
may be obligated or expended unless the Secretary of State certifies to 
the appropriate congressional committees that, during the reporting 
period, the Government of Colombia--
            (1) has not sought to erode cooperation with the United 
        States in the areas of military, intelligence, and counter-
        terrorism;
            (2) is asserting its sovereignty against the Governments of 
        Cuba, Iran, Nicaragua, the People's Republic of China, and 
        Venezuela, including by denying all access to military or 
        intelligence infrastructure to those governments;
            (3) has not taken significant steps to recognize, 
        legitimize, or engage any foreign terrorist organization; and
            (4) has not interfered with the Special Jurisdiction for 
        Peace's efforts to investigate and, as appropriate, sentence 
        current or former members of the Revolutionary Armed Forces of 
        Colombia who committed acts of terrorism or gross violations of 
        human rights.
    (b) Additional Conditions on Civil Assistance.--Notwithstanding any 
other provision of law, no civil assistance to Colombia may be 
obligated or expended unless the Secretary of State certifies to the 
appropriate congressional committees that, during the reporting period, 
in addition to meeting the conditions described under subsection (a), 
the Government of Colombia--
            (1) is guaranteeing the rights, freedoms, and 
        responsibilities enshrined in the Colombian Constitution of 
        1991, including--
                    (A) freedom of expression;
                    (B) freedom of the press;
                    (C) the guarantee of due process;
                    (D) the right to private property and other rights 
                acquired in accordance with civil laws; and
                    (E) protections against coercion of citizens voting 
                in elections;
            (2) is significantly cooperating with the United States 
        Government to--
                    (A) reduce irregular migration, improve border 
                security, and combat human smuggling and trafficking;
                    (B) target the cultivation, production, processing, 
                trafficking, distribution, commercialization, 
                financing, and selling of illicit drugs, including 
                opioids and cocaine; and
                    (C) counter the activities of criminal gangs and 
                transnational criminal organizations;
            (3) is taking steps to ensure transparency and prevent 
        corruption related to efforts by the Chinese Communist Party or 
        the Government of the People's Republic of China to acquire or 
        invest in Colombian energy or raw materials sectors; and
            (4) has not interfered in the transparency, operation, or 
        independence of the Office of the Inspector General of 
        Colombia.

SEC. 3. DEFINITIONS.

    In this Act:
            (1) Appropriate congressional committees.--The term 
        ``appropriate congressional committees'' means the Committee on 
        Foreign Relations of the Senate and the Committee on Foreign 
        Affairs of the House of Representatives.
            (2) Civil assistance.--The term ``civil assistance'' means 
        development assistance, International Narcotics Control and Law 
        Enforcement (INCLE) program assistance, and Economic Support 
        Fund assistance.
            (3) Military assistance.--The term ``military assistance'' 
        means foreign military financing (FMF), International Military 
        and Education Training (IMET), and Nonproliferation, Anti-
        terrorism, Demining, and Related Programs (NADR) assistance.
            (4) Foreign terrorist organizations.--The term ``foreign 
        terrorist organization'' means an organization designated 
        pursuant to section 219 of the Immigration and Nationality Act 
        (8 U.S.C. 1189) or Executive Order 13224 (50 U.S.C. 1701 note; 
        relating to blocking property and prohibiting transactions with 
        persons who commit, threaten to commit, or support terrorism).
            (5) Reporting time period.--The term ``reporting time 
        period'' means since August 7, 2022, or the previous 12 months, 
        whichever is less.

SEC. 4. TERMINATION AND SUNSET.

     The restrictions imposed by this Act shall terminate on the date 
on which the President certifies to the appropriate congressional 
committees that Colombia has conducted a free and fair election after 
the date of the enactment of this Act.
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