Western Hemisphere Partnership Act of 2023

II Calendar No. 51 118TH CONGRESS 1ST SESSION S. 1325 To establish a partnership with nations in the Western Hemisphere to pro- mote economic competitiveness, democratic governance, and security, and for other purposes. IN THE SENATE OF THE UNITED STATES APRIL 26, 2023 Mr. RISCH (for himself, Mr. MENENDEZ, and Mr. RUBIO) introduced the fol- lowing bill; which was read twice and referred to the Committee on For- eign Relations MAY 4, 2023 Reported by Mr. MENENDEZ, with an amendment [Strike out all after the enacting clause and insert the part printed in italic] A BILL To establish a partnership with nations in the Western Hemi- sphere to promote economic competitiveness, democratic governance, and security, and for other purposes. Be it enacted by the Senate and House of Representa- 1 tives of the United States of America in Congress assembled, 2 SECTION 1. SHORT TITLE. 3 This Act may be cited as the ‘‘Western Hemisphere 4 Partnership Act of 2023’’. 5 VerDate Sep 11 2014 21:56 May 04, 2023 Jkt 039200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6401 E:\BILLS\S1325.RS S1325 pbinns on DSKJLVW7X2PROD with $$_JOB 2 •S 1325 RS SEC. 2. UNITED STATES POLICY IN THE WESTERN HEMI- 1 SPHERE. 2 It is the policy of the United States to promote eco- 3 nomic competitiveness, democratic governance, and secu- 4 rity in the Western Hemisphere by— 5 (1) encouraging stronger economic relations, re- 6 spect for property rights, the rule of law, and en- 7 forceable investment rules and labor and environ- 8 mental standards; 9 (2) advancing the principles and practices ex- 10 pressed in the Charter of the Organization of Amer- 11 ican States, the American Declaration on the Rights 12 and Duties of Man, and the Inter-American Demo- 13 cratic Charter; and 14 (3) enhancing the capacity and technical capa- 15 bilities of democratic partner nation government in- 16 stitutions, including civilian law enforcement, the ju- 17 diciary, attorneys general, and security forces. 18 SEC. 3. PROMOTING SECURITY AND THE RULE OF LAW IN 19 THE WESTERN HEMISPHERE. 20 (a) SENSE OF CONGRESS.—It is the sense of Con- 21 gress that the United States should strengthen security 22 cooperation with democratic partner nations in the West- 23 ern Hemisphere to promote a secure hemisphere and to 24 address the negative impacts of transnational criminal or- 25 ganizations and malign external state actors. 26 VerDate Sep 11 2014 21:56 May 04, 2023 Jkt 039200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6401 E:\BILLS\S1325.RS S1325 pbinns on DSKJLVW7X2PROD with $$_JOB 3 •S 1325 RS (b) COLLABORATIVE EFFORTS.—The Secretary of 1 State, in coordination with the heads of other relevant 2 Federal agencies, should support the improvement of secu- 3 rity conditions and the rule of law in the Western Hemi- 4 sphere through collaborative efforts with democratic part- 5 ners that— 6 (1) enhance the institutional capacity and tech- 7 nical capabilities of defense and security institutions 8 in democratic partner nations to conduct national or 9 regional security missions, including through regular 10 bilateral and multilateral engagements, foreign mili- 11 tary sales and financing, international military edu- 12 cation, and training programs, and other means; 13 (2) provide technical assistance and material 14 support (including, as appropriate, radars, vessels, 15 and communications equipment) to relevant security 16 forces to disrupt, degrade, and dismantle organiza- 17 tions involved in illicit narcotics trafficking, 18 transnational criminal activities, illicit mining, and 19 illegal, unreported, and unregulated fishing, and 20 other illicit activities; 21 (3) enhance the institutional capacity and tech- 22 nical capabilities of relevant civilian law enforce- 23 ment, attorneys general, and judicial institutions 24 to— 25 VerDate Sep 11 2014 21:56 May 04, 2023 Jkt 039200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6401 E:\BILLS\S1325.RS S1325 pbinns on DSKJLVW7X2PROD with $$_JOB 4 •S 1325 RS (A) strengthen the rule of law and trans- 1 parent governance; and 2 (B) improve regional cooperation to dis- 3 rupt, degrade, and dismantle transnational or- 4 ganized criminal networks and terrorist organi- 5 zations, including through training, 6 anticorruption initiatives, anti-money laun- 7 dering programs, and strengthening cyber capa- 8 bilities and resources; 9 (4) enhance port management and maritime se- 10 curity partnerships and airport management and 11 aviation security partnerships to disrupt, degrade, 12 and dismantle transnational criminal networks and 13 facilitate the legitimate flow of people, goods, and 14 services; 15 (5) strengthen cooperation to improve border 16 security across the Western Hemisphere, dismantle 17 human smuggling and trafficking networks, and in- 18 crease cooperation to demonstrably strengthen mi- 19 gration management systems; 20 (6) counter the malign influence of state and 21 non-state actors and misinformation and 22 disinformation campaigns; 23 (7) disrupt illicit domestic and transnational fi- 24 nancial networks; 25 VerDate Sep 11 2014 21:56 May 04, 2023 Jkt 039200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6401 E:\BILLS\S1325.RS S1325 pbinns on DSKJLVW7X2PROD with $$_JOB 5 •S 1325 RS (8) foster mechanisms for cooperation on emer- 1 gency preparedness and rapid recovery from natural 2 disasters, including by— 3 (A) supporting regional preparedness, re- 4 covery, and emergency management centers to 5 facilitate rapid response to survey and help 6 maintain planning on regional disaster antici- 7 pated needs and possible resources; and 8 (B) training disaster recovery officials on 9 latest techniques and lessons learned from 10 United States experiences; and 11 (9) foster regional mechanisms for early warn- 12 ing and response to pandemics in the Western 13 Hemisphere, including through— 14 (A) improved cooperation with and re- 15 search by the United States Centers for Disease 16 Control and Prevention through regional pan- 17 demic response centers; 18 (B) personnel exchanges for technology 19 transfer and skills development; and 20 (C) surveying and mapping of health net- 21 works to build local health capacity. 22 (c) LIMITATIONS ON USE OF TECHNOLOGIES.— 23 Operational technologies transferred pursuant to sub- 24 section (b) to partner governments for intelligence, de- 25 VerDate Sep 11 2014 21:56 May 04, 2023 Jkt 039200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6401 E:\BILLS\S1325.RS S1325 pbinns on DSKJLVW7X2PROD with $$_JOB 6 •S 1325 RS fense, or law enforcement purposes shall be used solely 1 for the purposes for which the technology was intended. 2 The United States shall take all necessary steps to ensure 3 that the use of such operational technologies is consistent 4 with United States law, including protections of freedom 5 of expression, freedom of movement, and freedom of asso- 6 ciation. 7 SEC. 4. PROMOTING DIGITALIZATION AND CYBERSECURITY 8 IN THE WESTERN HEMISPHERE. 9 (a) SENSE OF CONGRESS.—It is the sense of Con- 10 gress that the United States should support digitalization 11 and expand cybersecurity cooperation in the Western 12 Hemisphere to promote regional economic prosperity and 13 security. 14 (b) PROMOTION OF DIGITALIZATION AND CYBERSE- 15 CURITY.—The Secretary of State, in coordination with the 16 heads of other relevant Federal agencies, should promote 17 digitalization and cybersecurity in the Western Hemi- 18 sphere through collaborative efforts with democratic part- 19 ners that— 20 (1) promote digital connectivity and facilitate e- 21 commerce by expanding access to information and 22 communications technology (ICT) supply chains that 23 adhere to high-quality security and reliability stand- 24 ards, including— 25 VerDate Sep 11 2014 21:56 May 04, 2023 Jkt 039200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6401 E:\BILLS\S1325.RS S1325 pbinns on DSKJLVW7X2PROD with $$_JOB 7 •S 1325 RS (A) to open market access on a national 1 treatment, nondiscriminatory basis; and 2 (B) to strengthen the cybersecurity and 3 cyber resilience of partner countries; 4 (2) advance the provision of digital government 5 services (e-government) that, to the greatest extent 6 possible, promote transparency, lower business costs, 7 and expand citizens’ access to public services and 8 public information; and 9 (3) develop robust cybersecurity partnerships 10 to— 11 (A) promote the inclusion of components 12 and architectures in information and commu- 13 nications technology (ICT) supply chains from 14 participants in initiatives that adhere to high- 15 quality security and reliability standards; 16 (B) share best practices to mitigate cyber 17 threats to critical infrastructure from ICT ar- 18 chitectures by technology providers with close 19 ties to, or that are susceptible to pressure from, 20 governments or security services without reli- 21 able legal checks on governmental powers; 22 (C) effectively respond to cybersecurity 23 threats, including state-sponsored threats; and 24 VerDate Sep 11 2014 21:56 May 04, 2023 Jkt 039200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6401 E:\BILLS\S1325.RS S1325 pbinns on DSKJLVW7X2PROD with $$_JOB 8 •S 1325 RS (D) to strengthen resilience against 1 cyberattacks and cybercrime. 2 SEC. 5. PROMOTING ECONOMIC AND COMMERCIAL PART- 3 NERSHIPS IN THE WESTERN HEMISPHERE. 4 (a) SENSE OF CONGRESS.—It is the sense of Con- 5 gress that the United States should enhance economic and 6 commercial ties with democratic partners to promote pros- 7 perity in the Western Hemisphere by modernizing and 8 strengthening trade capacity-building and trade facilita- 9 tion initiatives, encouraging market-based economic re- 10 forms, strengthening labor and environmental standards, 11 and encouraging transparency and adherence to the rule 12 of law in investment dealings. 13 (b) IN GENERAL.—The Secretary of State, in coordi- 14 nation with the United States Trade Representative, the 15 Chief Executive Officer of the Development Finance Cor- 16 poration, and the heads of other relevant Federal agencies, 17 should support the improvement of economic conditions in 18 the Western Hemisphere through collaborative efforts with 19 democratic partners that— 20 (1) facilitate a more open, transparent, and 21 competitive environment for United States busi- 22 nesses and promote robust and comprehensive trade 23 capacity-building and trade facilitation by— 24 VerDate Sep 11 2014 21:56 May 04, 2023 Jkt 039200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6401 E:\BILLS\S1325.RS S1325 pbinns on DSKJLVW7X2PROD with $$_JOB 9 •S 1325 RS (A) reducing trade and nontariff barriers 1 between the countries in the region, establishing 2 a mechanism for pursuing Mutual Recognition 3 Agreements and Formalized Regulatory Co- 4 operation Agreements in priority sectors of the 5 economy; 6 (B) establishing a forum for discussing 7 and evaluating technical and other assistance 8 needs to help establish streamlined ‘‘single win- 9 dow’’ processes to facilitate movement of goods 10 and common customs arrangements and proce- 11 dures to lower costs of goods in transit and 12 speed to destination; 13 (C) building relationships and exchanges 14 between relevant regulatory bodies in the 15 United States and democratic partners in the 16 Western Hemisphere to promote best practices 17 and transparency in rulemaking, implementa- 18 tion, and enforcement, and provide training and 19 assistance to help improve supply chain man- 20 agement in the Western Hemisphere; 21 (D) establishing regional fora for identi- 22 fying, raising, and addressing supply chain 23 management issues, including infrastructure 24 VerDate Sep 11 2014 21:56 May 04, 2023 Jkt 039200 PO 00000 Frm 00009 Fmt 6652 Sfmt 6401 E:\BILLS\S1325.RS S1325 pbinns on DSKJLVW7X2PROD with $$_JOB 10 •S 1325 RS needs and strengthening of investment rules 1 and regulatory frameworks; 2 (E) establishing a dedicated program of 3 trade missions and reverse trade missions to in- 4 crease commercial contacts and ties between the 5 United States and Western Hemisphere partner 6 countries; and 7 (F) strengthening labor and environmental 8 standards in the region; 9 (2) establish frameworks or mechanisms to re- 10 view and address the long-term financial sustain- 11 ability and national security implications of foreign 12 investments in strategic sectors or services; 13 (3) establish competitive and transparent infra- 14 structure project selection and procurement proc- 15 esses that promote transparency, open competition, 16 financial sustainability, and robust adherence to 17 global standards and norms; and 18 (4) advance robust and comprehensive energy 19 production and integration, including through a 20 more open, transparent, and competitive environ- 21 ment for United States companies competing in the 22 Western Hemisphere, including by— 23 (A) facilitating further development of in- 24 tegrated regional energy markets; 25 VerDate Sep 11 2014 21:56 May 04, 2023 Jkt 039200 PO 00000 Frm 00010 Fmt 6652 Sfmt 6401 E:\BILLS\S1325.RS S1325 pbinns on DSKJLVW7X2PROD with $$_JOB 11 •S 1325 RS (B) improving management of grids, in- 1 cluding technical capability to ensure the 2 functionality, safe and responsible management, 3 and quality of service of electricity providers, 4 carriers, and management and distribution sys- 5 tems; 6 (C) facilitating private sector-led develop- 7 ment of reliable and affordable power genera- 8 tion capacity; 9 (D) establishing a process for surveying 10 grid capacity and management focused on iden- 11 tifying electricity service efficiencies and estab- 12 lishing cooperative mechanisms for providing 13 technical assistance for— 14 (i) grid management, power pricing, 15 and tariff issues; 16 (ii) establishing and maintaining ap- 17 propriate regulatory best practices; and 18 (iii) proposals to establish regional 19 power grids for the purpose of promoting 20 the sale of excess supply to consumers 21 across borders; 22 (E) assessing the viability and effectiveness 23 of decentralizing power production and trans- 24 mission and building micro-grid power networks 25 VerDate Sep 11 2014 21:56 May 04, 2023 Jkt 039200 PO 00000 Frm 00011 Fmt 6652 Sfmt 6401 E:\BILLS\S1325.RS S1325 pbinns on DSKJLVW7X2PROD with $$_JOB 12 •S 1325 RS to improve, when feasible, access to electricity, 1 particularly in rural and underserved commu- 2 nities where centralized power grid connections 3 may not be feasible in the short to medium 4 term; and 5 (F) exploring opportunities to partner with 6 the private sector and multilateral institutions, 7 such as the World Bank and the Inter-Amer- 8 ican Development Bank, to promote universal 9 access to reliable and affordable electricity in 10 the Western Hemisphere. 11 SEC. 6. PROMOTING TRANSPARENCY AND DEMOCRATIC 12 GOVERNANCE IN THE WESTERN HEM [Text truncated for display. Full text available on Congress.gov.]