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): Provided , 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 further , That such funds shall be made available only on a cost-matching basis. Prior to the initial obligation of funds made available to implement the Strategy pursuant to paragraph (1), the Secretary of State shall submit to the Committees on Appropriations an updated multi-year spend plan describing in detail 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:
Provided , That such spend plan shall also include a description of how such assistance differs from, complements, and leverages funds allocated by each government and other donors, including international financial institutions. Funds made available pursuant to paragraph
(1)that are available for assistance for each of the central governments of El Salvador, Guatemala, and Honduras shall be withheld from obligation and may only be made available 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; 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; work cooperatively with 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; implement a policy to ensure 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 corruption and 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; professionalize and improve the accountability of civilian police forces 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 paragraph
(3)and shall, not later than September 30, 2017, submit to the appropriate congressional committees a report assessing such progress: Provided , 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 further , That the Secretary may resume funding for such programs only after the Secretary certifies to such committees that corrective measures have been taken. 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 paragraph (3): Provided , 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. Funds appropriated by this Act for the Central America Regional Security Initiative may be made available, following consultation with, and subject to the regular notification procedures of, the Committees on Appropriations, to support international commissions against corruption and impunity. The Secretary of State and USAID Administrator 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 in support of the Strategy. Of the funds appropriated by this Act, not less than $300,095,000 shall be made available for assistance for Colombia. 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: Provided , 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 Public Law 112–74 ) shall continue in effect during fiscal year 2017 and shall apply to funds appropriated by this Act and made available for assistance for Colombia as if included in this Act: Provided further , That funds appropriated by this Act under the heading Economic Support Fund for assistance for Colombia shall be apportioned directly to USAID. In addition to amounts made available in paragraph (1), $191,130,000 shall be made available for assistance for Colombia if a final peace accord between the Government of Colombia and the Revolutionary Armed Forces of Colombia is reached, and the Secretary of State certifies and reports to the Committees on Appropriations that is in the national interest of the United States to support the implementation of such an accord: Provided , That in making such certification, the Secretary of State shall consider the factors described under this section in the report accompanying this Act: Provided further , That such funds shall be subject to prior consultation with, and the regular notification procedures of, the Committees on Appropriations. None of the funds appropriated or otherwise made available by this Act and prior acts making appropriations for the Department of State, foreign operations, and related programs may be obligated or expended for— the establishment or operation of a United States diplomatic presence, including an embassy, consulate, or liaison office, in Cuba beyond that which was in existence prior to December 17, 2014, including the hiring of additional staff, unless such staff are necessary for protecting the health, safety, or security of diplomatic personnel or facilities in Cuba; the facilitation of the establishment or operation of a diplomatic mission of Cuba, including an embassy, consulate, or liaison office, in the United States beyond that which was in existence prior to December 17, 2014; and the support of Locally Employed Staff in contravention of section 512 of the Intelligence Authorization Act for Fiscal Year 2016 (division M of Public Law 114–113 ). The limitation on the use of funds under subparagraph
(A)shall not apply— with respect to assistance or support in furtherance of democracy-building efforts for Cuba described in section 109 of the Cuban Liberty and Democratic Solidarity (LIBERTAD) Act of 1996 ( 22 U.S.C. 6039 ); and if the President determines and reports to the appropriate congressional committees that the government in Cuba has met the requirements and factors specified in section 205 of the LIBERTAD Act of 1996 ( 22 U.S.C. 6065 ). None of the funds appropriated or otherwise made available by this Act under the heading International Broadcasting Operations may be used to establish an independent grantee organization, as a private nonprofit organization, to carry out any and all broadcasting and related programs to the Latin America and Caribbean region, including Cuba, or otherwise substantively alter the structure of the Office of Cuba Broadcasting unless specifically authorized by a subsequent Act of Congress: Provided , That the prohibition of this paragraph shall be construed to include the merger of the Office of Cuba Broadcasting and the Voice of America Latin America Division. Of the funds appropriated by this Act under the heading Economic Support Fund , $30,000,000 shall be made available to promote democracy and strengthen civil society in Cuba: Provided , That no funds shall be obligated for business promotion, economic reform, entrepreneurship, or any other assistance that is not democracy-building as expressly authorized in the Cuban Liberty and Solidarity (LIBERTAD) Act of 1996 and the Cuban Democracy Act of 1992. None of the funds appropriated or otherwise made available by this Act may 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 has installed a democratically elected president and seated newly elected members of parliament, and the Government of Haiti is taking effective steps to— strengthen the rule of law in Haiti, including by— selecting and vetting judges in a transparent manner; respecting the independence of the judiciary; and improving governance by implementing reforms to increase transparency and accountability and advancing the passage of draft penal and criminal codes; 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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U.S. Code
- Authorization of support for democratic and human rights groups and international observers§ 6039
- Requirements and factors for determining transition government§ 6065
- Need for international defense cooperation and military export controls; Presidential waiver; report to Congress; arms sales policy§ 2751
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- Pub. L. 112-74
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