Sec. 7045.
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Subject to the requirements of this subsection, funds appropriated by this Act shall be made available to support implementation of the Plan of the Alliance for Prosperity in the Northern Triangle of Central America (the Plan), established by the governments of El Salvador, Guatemala, and Honduras in cooperation with the Inter-American Bank, through the United States Strategy (the Strategy) for Engagement in Central America, only as follows— up to $13,000,000 may be made available under the heading Global Health Programs for assistance for Guatemala; up to $347,190,000 may be made available under the heading Development Assistance , including for assistance for Nicaragua; up to $138,500,000 may be made available under the heading “Economic Support Fund; up to $155,000,000 may be made available under the heading International Narcotics Control and Law Enforcement , including for the Central America Regional Security Initiative; up to $500,000 may be made available under the heading Nonproliferation, Anti-terrorism, Demining and Related Programs for assistance for Panama; up to $3,907,000 may be made available under the heading International Military Education and Training , including for assistance for Belize, Costa Rica, and Panama; up to $15,225,000 may be made available under the heading Foreign Military Financing Program , including for assistance for Belize, Costa Rica, and Panama; and up to $2,000,000 may be made available under the heading Overseas Private Investment Corporation for regional programs.
Prior to the obligation of funds made available pursuant to subparagraph (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, and a timeline to measure progress in implementing the Strategy, which shall include programs to empower local communities and civil society organizations (including indigenous and other marginalized groups) to address the causes of poverty and violence, and the amount made available from prior Acts making appropriations for the Department of State, foreign operations, and related programs for projects and activities related to the Strategy: , That such spend plan shall also include a description of how such assistance will complement and leverage funds allocated by each government, the Inter-American Development Bank, and other donors to implement the Plan.
Provided Prior to the obligation of 75 percent of such funds for assistance for the central governments of El Salvador, Guatemala, and Honduras, the Secretary shall certify and report to the appropriate congressional committees that such government is taking effective steps to— support transparency and combat corruption in coordination with relevant international entities, including reforming bank secrecy laws and strengthening anti-money laundering laws, and with respect to the Government of Guatemala, such steps shall include the approval by the Congress of reforms to the Electoral and Political Parties Law proposed by the Supreme Electoral Tribunal, and the investigation and prosecution by the Public Ministry, the Supreme Court, and the Constitutional Court of government employees and high ranking political appointees credibly alleged to be involved in corruption; establish and implement specific institutional and legal reforms, policies, and programs addressing the causes of poverty, violence, and corruption in such country; create a professional, accountable civilian police force and end the role of the military in internal policing; protect the rights of political opposition parties, journalists, trade unionists, and human rights defenders to operate without interference; prosecute and punish in civilian courts members of security forces who violate human rights; protect and promote democracy, including implementing reforms to protect the independence and improve the professionalism of the judiciary, and cooperating with the Inter-American Commission on Human Rights, the Inter-American Court on Human Rights, and international commissions against impunity, as appropriate; reform tax laws and enforce tax collection, strengthen customs agencies, and match, on at least a dollar-for-dollar basis, the amounts to be expended for the projects and activities funded by this Act in support of the Strategy; resolve commercial disputes in a timely manner, including the confiscation of real property, between United States entities and the governments of such countries; establish an autonomous public accountable entity to oversee, manage, and implement the Plan, similar to management entities established to support Millennium Challenge Corporation Compacts; and provide access to all available sources of energy, especially for individuals who lack affordable and reliable electricity.
Concurrent with the submission of the certification required in paragraph (B), the Secretary of State shall certify and report to the appropriate congressional committees that representatives of local communities and civil society organizations (including indigenous and other marginalized groups) in the respective country are consulted in the design, and participate in the implementation and evaluation of, projects and activities in support of the Strategy that affect them. Not later than 120 days after enactment of this Act, and every 120 days thereafter until September 30, 2017, the Secretary of State shall review the progress of such governments in meeting the objectives and indicators required in paragraph (2)(B) and shall submit to the appropriate congressional committees a report assessing such progress: , That if the Secretary of State is unable to determine that sufficient progress has been made in meeting the requirements of an objective or indicator, the Secretary shall suspend assistance for programs supporting such objective or indicator, 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 identified and implemented. Provided further Not later than 90 days after enactment of this Act, the Secretary of State shall submit to the appropriate congressional committees a report detailing the economic investment conditions in El Salvador, Guatemala, and Honduras, and an assessment of outstanding commercial disputes, including the confiscation of real property, between United States entities and the governments of such countries.
The Secretary of State shall, following a change of government in El Salvador, Guatemala, or Honduras, certify and report to the appropriate congressional committees that any new government has committed to taking the effective steps enumerated in the pre-obligation requirements in paragraph (2): , That if the Secretary is unable to make such a certification in a timely manner, assistance made available under this subsection shall be suspended until such time as the certification can be made.
Provided Of the funds appropriated by this Act under the heading International Narcotics Control and Law Enforcement for the Central America Regional Security Initiative, not less than $2,000,000 shall be made available, after consultation with the Committees on Appropriations, for a United States contribution to an international commission against impunity in Honduras, if such a commission is established. The Department of State and the United States Agency for International Development (USAID) may, following consultation with the appropriate congressional committees, 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 and other assistance in support of programs carried out in El Salvador, Guatemala, and Honduras under the Plan.
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 apportioned directly to USAID. Of the funds appropriated by this Act under the heading Foreign Military Financing Program for assistance for Colombia, 19 percent shall be withheld from obligation unless the Secretary of State certifies and reports to the Committees on Appropriations that— cases involving members of the Colombian military who have been credibly alleged to have violated human rights, including through command responsibility, are subject only to civilian jurisdiction, and that the Colombian military is cooperating with civilian authorities in such cases, and no such military officers hold senior positions in the chain of command; the Government of Colombia is upholding its international obligations by prosecuting persons responsible for crimes against humanity, war crimes, and other gross violations of human rights, and is not offering amnesty to such persons; and the Government of Colombia is dismantling illegal armed groups; taking effective steps to protect the rights of human rights defenders, journalists, trade unionists, and other social activists; and respecting the rights and territory of indigenous and Afro-Colombian communities. The limitations of this paragraph shall not apply to funds made available under such heading for aviation instruction and maintenance, and maritime security programs. The Secretary of State shall consult with the appropriation congressional committees on the uses of assistance for Colombia made available by this Act under such heading for programs that support and further peace talks. Of the funds appropriated by this Act under the heading Economic Support Fund , $15,000,000 shall be made available for democracy programs for Cuba: , That a portion of such funds may be transferred to, and merged with, funds made available by this Act under the heading Provided National Endowment for Democracy , following consultation with the appropriate congressional committees. Of the funds appropriated by this Act under the heading Economic Support Fund , $5,000,000 shall be made available for programs to support private Cuban entrepreneurs, notwithstanding any other provision of law, except that no such assistance may be provided for the Government of Cuba: , That such funds shall be made available following consultation with the appropriate congressional committees. Provided Of the funds appropriated by this Act, not more than $181,413,000 may be made available for assistance for Haiti, as follows— up to $129,213,000 under the heading Global Health Programs ; up to $45,000,000 under the heading Economic Support Fund ; up to $6,000,000 under the heading International Narcotics Control and Law Enforcement ; and up to $1,200,000 under the heading Foreign Military Financing Program . Funds made available in paragraph
(1)may not be made available 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— holding free and fair parliamentary elections and taking effective steps to seat a new Haitian Parliament; strengthening the rule of law in Haiti, including by selecting judges in a transparent manner; respecting the independence of the judiciary; and improving governance through implementation of reforms to increase transparency and accountability; combating corruption, including by implementing the anti-corruption law enacted in 2014 and prosecuting corrupt officials; and increasing government revenues, including by implementing tax reforms and through credible tax collection efforts, and increasing expenditures on health care. Prior to the initial obligation of funds made available in paragraph
(1)under the headings International Narcotics Control and Law Enforcement and Foreign Military Financing Program , the Secretary of State shall certify and report to the Committees on Appropriations that the Haitian National Police and other intended recipients of such funds that are part of the Government of Haiti are not controlled by, or otherwise under the influence of, any private organization or individual. 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
- 22 USC 2751
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Sec. 7045
Pub. L.Pub. L. 112-74
Cite22 USC 2751
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