Sec. 7045.
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Subject to the requirements of this subsection, of the funds appropriated under titles III and IV of this Act, up to $750,000,000 may be made available for assistance for countries in Central America to implement the United States Strategy for Engagement in Central America (the Strategy) in support of the Plan of the Alliance for Prosperity in the Northern Triangle of Central America (the Plan): , That the Secretary of State and Administrator of the United States Agency for International Development (USAID) shall prioritize such assistance to address the key factors in such countries contributing to the migration of unaccompanied, undocumented minors to the United States:
Provided , That such funds shall be made available to the maximum extent practicable on a cost-matching basis. Provided further Prior to the obligation of funds made available pursuant to paragraph (1), the Secretary of State shall submit to the Committees on Appropriations a multi-year spend plan specifying the proposed uses of such funds in each country and the objectives, indicators to measure progress, and a timeline to implement the Strategy, and the amounts made available from prior Acts making appropriations for the Department of State, foreign operations, and related programs to support such Strategy: , That such spend plan shall also include a description of how such assistance will differ from, complement, and leverage funds allocated by each government and other donors, including international financial institutions.
Provided Of the funds made available pursuant to paragraph
(1)that are available for assistance for each of the central governments of El Salvador, Guatemala, and Honduras, the following amounts shall be withheld from obligation and may only be made available as follows: 25 percent may only be obligated after the Secretary of State certifies and reports to the appropriate congressional committees that such government is taking effective steps to— inform its citizens of the dangers of the journey to the southwest border of the United States; combat human smuggling and trafficking; improve border security; and cooperate with United States Government agencies and other governments in the region to facilitate the return, repatriation, and reintegration of illegal migrants arriving at the southwest border of the United States who do not qualify as refugees, consistent with international law. An additional 50 percent may only be obligated after the Secretary of State certifies and reports to the appropriate congressional committees that such government is taking effective steps to— establish an autonomous, publicly accountable entity to provide oversight of the Plan; combat corruption, including investigating and prosecuting government officials credibly alleged to be corrupt; implement reforms, policies, and programs to improve transparency and strengthen public institutions, including increasing the capacity and independence of the judiciary and the Office of the Attorney General; establish and implement a policy that local communities, civil society organizations (including indigenous and other marginalized groups), and local governments are consulted in the design, and participate in the implementation and evaluation of, activities of the Plan that affect such communities, organizations, and governments; counter the activities of criminal gangs, drug traffickers, and organized crime; investigate and prosecute in the civilian justice system members of military and police forces who are credibly alleged to have violated human rights, and ensure that the military and police are cooperating in such cases; cooperate with commissions against impunity, as appropriate, and with regional human rights entities; support programs to reduce poverty, create jobs, and promote equitable economic growth in areas contributing to large numbers of migrants; establish and implement a plan to create a professional, accountable civilian police force and curtail the role of the military in internal policing; protect the right of political opposition parties, journalists, trade unionists, human rights defenders, and other civil society activists to operate without interference; increase government revenues, including by implementing tax reforms and strengthening customs agencies; and resolve commercial disputes, including the confiscation of real property, between United States entities and such government. The Secretary of State shall periodically review the progress of each of the central governments of El Salvador, Guatemala, and Honduras in meeting the requirements of paragraphs (3)(A) and (3)(B) and shall, not later than September 30, 2016, submit to the appropriate congressional committees a report assessing such progress: , That if the Secretary determines that sufficient progress has not been made by a central government, the Secretary shall suspend, in whole or in part, assistance for such government for programs supporting such requirement, and shall notify such committees in writing of such action: Provided , That the Secretary may resume funding for such programs only after the Secretary certifies to such committees that corrective measures have been taken. Provided further The Secretary of State shall, following a change of national government in El Salvador, Guatemala, or Honduras, determine and report to the appropriate congressional committees that any new government has committed to take the steps to meet the requirements of paragraphs (3)(A) and (3)(B): , That if the Secretary is unable to make such a determination in a timely manner, assistance made available under this subsection for such central government shall be suspended, in whole or in part, until such time as such determination and report can be made. Provided Funds appropriated by this Act for the Central America Regional Security Initiative may be made available, after consultation with, and subject to the regular notification procedures of, the Committees on Appropriations, to support international commissions against impunity in Honduras and El Salvador, if such commissions are established. The Department of State and USAID may, following consultation with the Committees on Appropriations, transfer funds made available by this Act under the heading Development Assistance to the Inter-American Development Bank and the Inter-American Foundation for technical assistance in support of the Strategy. Funds appropriated by this Act and made available to the Department of State for assistance for the Government of Colombia may be used to support a unified campaign against narcotics trafficking, organizations designated as Foreign Terrorist Organizations, and other criminal or illegal armed groups, and to take actions to protect human health and welfare in emergency circumstances, including undertaking rescue operations: , That the first through fifth provisos of paragraph (1), and paragraph
(3)of section 7045(a) of the Department of State, Foreign Operations, and Related Programs Appropriations Act, 2012 (division I of Provided Public Law 112–74 ) shall continue in effect during fiscal year 2016 and shall apply to funds appropriated by this Act and made available for assistance for Colombia as if included in this Act: , That of the funds appropriated by this Act under the heading Provided further Economic Support Fund , not less than $133,000,000 shall be made available for assistance for Colombia, of which not less than $126,000,000 shall be apportioned directly to the United States Agency for International Development, and $7,000,000 shall be transferred to, and merged with, funds appropriated by this Act under the heading Migration and Refugee Assistance for assistance for Colombian refugees in neighboring countries. Of the funds appropriated by this Act under the heading Foreign Military Financing Program for assistance for Colombia, 19 percent may be obligated only in accordance with the conditions under section 7045 in the explanatory statement described in section 4 (in the matter preceding division A of this Consolidated Act). The limitations of this paragraph shall not apply to funds made available under such heading for aviation instruction and maintenance, and maritime security programs. Funds appropriated by this Act that are made available for assistance for Colombia to support the implementation of a peace agreement shall be subject to prior consultation with, and the regular notification procedures of, the Committees on Appropriations. Of the funds appropriated by this Act, not more than $191,413,000 may be made available for assistance for Haiti. Funds made available in paragraph
(1)may not be made available for assistance for the central Government of Haiti unless the Secretary of State certifies and reports to the Committees on Appropriations that the Government of Haiti is taking effective steps to— hold free and fair parliamentary elections and seat a new Haitian Parliament; strengthen the rule of law in Haiti, including by selecting judges in a transparent manner; respect the independence of the judiciary; and improve governance by implementing reforms to increase transparency and accountability; combat corruption, including by implementing the anti-corruption law enacted in 2014 and prosecuting corrupt officials; and increase government revenues, including by implementing tax reforms, and increase expenditures on public services. The Government of Haiti shall be eligible to purchase defense articles and services under the Arms Export Control Act ( 22 U.S.C. 2751 et seq. ) for the Coast Guard. To the maximum extent practicable, the costs of operations and maintenance, including fuel, of aircraft funded by this Act should be borne by the recipient country.
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- Pub. L. 112-74
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