Organization of American States Legislative Engagement Act of 2020
PL 116-343 (S.1310), enacted 01/13/2021

[116th Congress Public Law 343]
[From the U.S. Government Publishing Office]



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   ORGANIZATION OF AMERICAN STATES LEGISLATIVE ENGAGEMENT ACT OF 2020

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Public Law 116-343
116th Congress

                                 An Act


 
 To strengthen the participation of elected national legislators in the 
 activities of the Organization of American States and reaffirm United 
  States support for Organization of American States human rights and 
 anti-corruption initiatives, and for other purposes. <<NOTE: Jan. 13, 
                          2021 -  [S. 1310]>> 

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled, <<NOTE: Organization of 
American States Legislative Engagement Act of 2020. 22 USC 290q note.>> 
SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Organization of American States 
Legislative Engagement Act of 2020''.
SEC. 2. FINDINGS.

    Congress makes the following findings:
            (1) The Charter of the Organization of American States 
        establishes that ``representative democracy is an indispensable 
        condition for the stability, peace and development of the 
        region''.
            (2) Article 2 of the Inter-American Democratic Charter of 
        the Organization of American States affirms that ``the effective 
        exercise of representative democracy is the basis for the rule 
        of law and of the constitutional regimes of the member states of 
        the Organization of American States''.
            (3) Article 26 of the Inter-American Democratic Charter 
        states that ``the OAS will continue to carry out programs and 
        activities designed to promote democratic principles and 
        practices and strengthen a democratic culture in the 
        Hemisphere''.
            (4) In accordance with the OAS Charter and the Inter-
        American Democratic Charter, the OAS General Assembly, OAS 
        Permanent Council, and OAS Secretariat have established a wide 
        range of cooperative agreements with domestic and international 
        organizations, including national legislative institutions.
            (5) In 2004, OAS General Assembly Resolution 2044 (XXXIV-O/
        04) appealed for the ``strengthening of legislatures, as well as 
        inter-parliamentary cooperation on key items of the inter-
        American agenda, with a view, in particular, to generating 
        initiatives to fight corruption, poverty, inequality, and social 
        exclusion''.
            (6) In 2005, OAS General Assembly Resolution 2095 (XXXV-O/
        05) called on the OAS Secretariat to ``invite [. . .] the 
        presidents or speakers of the national legislative institutions 
        of the Americas, i.e., congresses, parliaments, or national 
        assemblies, [. . .] to attend a special meeting of the Permanent 
        Council [. . .] for the initiation of a dialogue on topics on 
        the hemispheric agenda''.

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            (7) In 2014 and 2015, the OAS Secretariat expanded its 
        engagement with elected national legislators from OAS member 
        states by convening two meetings of presidents of national 
        legislatures, first in Lima, Peru and subsequently in Santiago, 
        Chile.
            (8) However, no permanent procedures exist to facilitate the 
        participation of elected national legislators from OAS member 
        states in OAS activities.
            (9) The Organization for Security and Co-operation in Europe 
        (OSCE) Parliamentary Assembly has proven successful at 
        strengthening inter-parliamentary cooperation among its member 
        states.
SEC. 3. SENSE OF CONGRESS.

    It is that sense of Congress that--
            (1) elected national legislators play an essential role in 
        the exercise of representative democracy in the Americas, 
        including by--
                    (A) promoting economic freedom and respect for 
                property rights;
                    (B) promoting the rule of law and combating 
                corruption;
                    (C) defending human rights and fundamental freedoms; 
                and
                    (D) advancing the principles and practices expressed 
                in the Charter of the Organization of American States, 
                the American Declaration on the Rights and Duties of 
                Man, and the Inter-American Democratic Charter;
            (2) establishing procedures and mechanisms to facilitate the 
        participation of elected national legislators from OAS member 
        states in OAS activities could contribute to the promotion of 
        democratic principles and practices and strengthen a democratic 
        culture in the Western Hemisphere;
            (3) increasing and strengthening the participation of 
        elected national legislators from OAS member states in OAS 
        activities could advance the principles and proposals expressed 
        in section 4 of the Organization of American States 
        Revitalization and Reform Act of 2013 (Public Law 113-41; 127 
        Stat. 549);
            (4) the OAS General Assembly, OAS Permanent Council, and OAS 
        Secretariat should take steps to facilitate greater 
        participation of elected national legislators from OAS member 
        states in OAS activities;
            (5) the OAS Permanent Council resolutions titled 
        ``Guidelines for the Participation of Civil Society in OAS 
        Activities'' and ``Strategies for Increasing and Strengthening 
        Participation by Civil Society Organizations in OAS Activities'' 
        should serve as important references for efforts to bolster the 
        participation of elected national legislators from OAS member 
        states in OAS activities; and
            (6) the successful experience of the Organization for 
        Security and Co-operation in Europe Parliamentary Assembly 
        should serve as a model to the OAS in creating a similar 
        mechanism.
SEC. 4. STRENGTHENING PARTICIPATION OF ELECTED NATIONAL 
                    LEGISLATORS AT THE OAS.

    (a) In General.--The Secretary of State, acting through the United 
States Mission to the Organization of American States,

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should use the voice and vote of the United States to support the 
creation of procedures for the Organization of American States that--
            (1) enhance the participation of democratically elected 
        national legislators from OAS member state countries in OAS 
        activities that advance the principles of the Inter-American 
        Democratic Charter and the core values of the OAS consistent 
        with the principles and proposals expressed in section 4 of the 
        Organization of American States Revitalization and Reform Act of 
        2013 (Public Law 113-41; 127 Stat. 549);
            (2) create an annual forum for democratically elected 
        national legislatures from OAS member states to discuss issues 
        of hemispheric importance, including regional efforts to defend 
        human rights and combat transnational criminal activities, 
        corruption, and impunity;
            (3) permit elected national legislators from OAS member 
        states to make presentations, contribute information, and 
        provide expert advice, as appropriate, to the OAS Secretariat, 
        OAS Permanent Council, and OAS General Assembly about OAS 
        activities on issues of hemispheric importance;
            (4) lead to the creation of a mechanism to regularly 
        facilitate the participation of elected national legislators in 
        OAS activities; and
            (5) reinforce OAS Secretariat programs that provide 
        technical assistance for the modernization and institutional 
        strengthening of national legislatures from OAS member states.

    (b) Expenses.--The Secretary of State, acting through the United 
States Mission to the Organization of American States, as appropriate, 
shall seek to ensure that expenses related to the procedures set forth 
in this Act do not increase member quotas, assessed fees, or voluntary 
contributions and that the Secretariat of the OAS shall seek to ensure 
shared financial responsibilities among the member states in 
facilitating the financial support necessary to carry out this 
initiative.
SEC. 5. SUPPORT FOR OAS HUMAN RIGHTS AND ANTI-CORRUPTION 
                    INITIATIVES.

    (a) Sense of Congress.--It is the sense of Congress that--
            (1) the efforts of the OAS Secretary General and Secretariat 
        to combat corruption and impunity in the Americas represent 
        important contributions to strengthening the rule of law and 
        democratic governance in the Americas; and
            (2) the United States should support efforts to ensure the 
        effectiveness and independence of OAS initiatives to combat 
        corruption and impunity in the Americas.

    (b) <<NOTE: Deadline.>>  Anti-corruption and Human Rights Promotion 
Strategy.--Not later than 180 days after the date of the enactment of 
the Act, the Secretary of State shall submit to the Committee on Foreign 
Relations of the Senate and the Committee on Foreign Affairs of the 
House of Representatives a strategy for supporting OAS anti-corruption 
and human rights promotion efforts. The strategy should include--
            (1) <<NOTE: Assessment.>>  an assessment of United States 
        programs, activities, and initiatives with the OAS to support 
        anti-corruption and human rights promotion in the Americas;

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            (2) <<NOTE: Summary.>>  a summary of the steps taken by the 
        United States Mission to the OAS to strengthen anti-corruption 
        and anti-impunity efforts in the Americas;
            (3) <<NOTE: Assessment.>>  an assessment of necessary 
        reforms and initiatives to prioritize and reinforce the OAS 
        Secretary General and Secretariat's efforts to advance human 
        rights and combat corruption and impunity in the Americas;
            (4) <<NOTE: Plan.>>  a detailed plan to facilitate increased 
        OAS collaboration, as appropriate, with relevant stakeholders, 
        including elected national legislators and civil society, in 
        support of an approach to promote human rights and combat 
        transnational criminal activities, corruption, and impunity in 
        the Americas; and
            (5) <<NOTE: Implementation plan.>>  a detailed plan for 
        implementing the strategy set forth in this section of the Act.
SEC. 6. REPORTING REQUIREMENTS.

    (a) In General.--Not later than one year after the date of the 
enactment of this Act, the Secretary of State shall submit to the 
Committee on Foreign Relations of the Senate and the Committee on 
Foreign Affairs of the House of Representatives a report on OAS 
processes, initiatives, and reforms undertaken to implement section 4, 
actions taken to implement the strategy required under section 5(b), and 
steps taken to implement the Organization of American States 
Revitalization and Reform Act of 2013 (Public Law 113-41). The report 
should include--
            (1) <<NOTE: Analysis.>>  an analysis of the progress made by 
        the OAS to adopt and effectively implement reforms and 
        initiatives to advance human rights and combat corruption and 
        impunity in the Americas; and
            (2) <<NOTE: Assessment.>>  a detailed assessment of OAS 
        efforts to increase stakeholder engagement to advance human 
        rights and combat corruption and impunity in the Americas.

    (b) <<NOTE: Deadline. Time periods.>>  Briefings.--Not later than 
one year after the Secretary of State submits the report required under 
subsection (a), and annually thereafter for two additional years, the 
Secretary shall provide to the Committee on Foreign Relations of the 
Senate and the Committee on Foreign Affairs of the House of 
Representatives a briefing on the information required to be included in 
such report.
SEC. 7. SENSE OF CONGRESS ON ELECTED NATIONAL LEGISLATOR.

    It is the sense of Congress that an elected national legislator 
participating in the activities outlined in this Act should be an 
individual that--
            (1) was elected as a result of periodic, free and fair 
        elections; and

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            (2) is not known to be under investigation or convicted for 
        corruption or transnational criminal activities, including 
        trafficking of people, goods, or illicit narcotics, money-
        laundering, terrorist financing, acts of terrorism, campaign 
        finance violations, bribery, or extortion.

    Approved January 13, 2021.

LEGISLATIVE HISTORY--S. 1310:
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CONGRESSIONAL RECORD, Vol. 166 (2020):
            Dec. 10, considered and passed Senate.
            Dec. 31, considered and passed House.

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