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”.
Colombia Assistance Used Transparently by Institutionalizing Oversight Now Act of 2022
A BILL
To condition civil and military assistance to the Government of Colombia on certain recurring certifications from the Secretary of State.
2. Certification requirements for civil and military assistance to Colombia
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—
has not sought to erode cooperation with the United States in the areas of military, intelligence, and counter-terrorism;
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;
has not taken significant steps to recognize, legitimize, or engage any foreign terrorist organization; and
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.
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—
is guaranteeing the rights, freedoms, and responsibilities enshrined in the Colombian Constitution of 1991, including—
freedom of expression;
freedom of the press;
the guarantee of due process;
the right to private property and other rights acquired in accordance with civil laws; and
protections against coercion of citizens voting in elections;
is significantly cooperating with the United States Government to—
reduce irregular migration, improve border security, and combat human smuggling and trafficking;
target the cultivation, production, processing, trafficking, distribution, commercialization, financing, and selling of illicit drugs, including opioids and cocaine; and
counter the activities of criminal gangs and transnational criminal organizations;
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
has not interfered in the transparency, operation, or independence of the Office of the Inspector General of Colombia.
3. Definitions
In this Act:
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.
Civil assistance— The term civil assistance means development assistance, International Narcotics Control and Law Enforcement (INCLE) program assistance, and Economic Support Fund assistance.
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.
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).
Reporting time period— The term reporting time period means since August 7, 2022, or the previous 12 months, whichever is less.
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.