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 $650,575,000 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 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 updated from fiscal year 2016: , That such updated 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, which are in addition to steps taken during the previous calendar year, 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, including to prevent trafficking in person, illicit drugs, and other contraband; 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 consults with, and subsequently certifies and reports to, the appropriate congressional committees that such government is taking effective steps, which are in addition to steps taken during the previous calendar year, 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; 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 military and police personnel who are credibly alleged to have violated human rights, and ensure that the military and police are cooperating in such cases; cooperate fully with commissions against impunity, as appropriate, and with regional human rights entities; support programs to reduce poverty, expand education and vocational training for at-risk youth, create jobs, and promote equitable economic growth particularly in areas contributing to large numbers of migrants; establish and implement a plan, with benchmarks and timetables, to create a professional, accountable civilian police force and end 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, 2017, 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. Of the funds appropriated by this Act under the heading Economic Support Fund that are made available for State Western Hemisphere Regional programs, not less than $7,000,000 shall be transferred to, and merged with, funds appropriated by this Act under the heading International Organizations and Programs for the Inter-American Commission on Human Rights, Organization of American States. Of the funds appropriated by this Act under titles III and IV, not less than $391,253,000 shall be made available for assistance for Colombia, including to support the efforts of the Government of Colombia to— conduct a unified campaign against narcotics trafficking, organizations designated as foreign terrorist organizations pursuant to section 219 of the Immigration and Nationality Act ( 8 U.S.C. 1189 ), and other criminal or illegal armed groups: , That aircraft supported by funds made available by this Act and prior Acts making appropriations for the Department of State, foreign operations, and related programs may be used to transport personnel and supplies involved in drug eradication and interdiction, including security for such activities, and to provide transport in support of alternative development programs and investigations by civilian judicial authorities; Provided enhance security and improve access to justice; promote economic and social development; and implement a peace agreement between the Government of Colombia and illegal armed groups, in accordance with constitutional and legal requirements in Colombia, and that has the support of the people of Colombia: , That such funds shall be subject to prior consultation with, and the regular notification procedures of, the Committees on Appropriations. Provided Prior to the obligation of funds made available pursuant to paragraph (1), the Secretary of State, in consultation with the USAID Administrator, shall submit to the Committees on Appropriations— a multi-year spend plan; and with respect to any such funds made available for assistance to support the efforts of the Government of Colombia to implement a peace agreement, a spend plan that includes— a detailed estimate of the funding requirements by fiscal year and appropriations account of all United States assistance required to support the successful implementation of such agreement, including in areas most affected by conflict, in fiscal year 2017 and the subsequent four fiscal years; a detailed estimate by fiscal year of the commitments and expenditures required by the Government of Colombia to implement such agreement in fiscal year 2017 and the subsequent four fiscal years; and a description of how such assistance will differ from, complement, and leverage funds allocated by the Government of Colombia and other donors, including international financial institutions. Of the funds made available pursuant to paragraph
(1)under the heading Economic Support Fund — not less than $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; and not less than $9,000,000 shall be made available for programs to protect human rights, of which not less than $1,000,000 shall be made available for the Office of the United Nations High Commissioner for Human Rights in Colombia. Of the funds appropriated by this Act under the heading Foreign Military Financing Program for assistance for Colombia, 20 percent may be obligated only if the Secretary of State certifies and reports to the Committees on Appropriations that— the Peace Tribunal and other judicial bodies within the special jurisdiction for peace are independent and have authority to document truth declarations from perpetrators of gross violations of human rights and to sentence such perpetrators to meaningful sanctions, including victims' reparations, guarantee of non-repetition, and depravation of liberty; military personnel responsible for ordering, committing, or covering up cases of false positives, including those in command authority, are being investigated, prosecuted, and appropriately sanctioned, and military officers credibly alleged to have committed such crimes are removed from positions of command authority until the completion of judicial proceedings; and the Government of Colombia is continuing to dismantle illegal armed groups, taking effective steps to protect the rights of human rights defenders, journalists, trade unionists, and other social activities, and protecting the rights and territory of indigenous and Afro-Colombian communities: , That the limitations of this paragraph shall not apply to funds made available under such heading for aviation instruction and maintenance, and maritime and riverine security programs. Provided Of the funds appropriated by this Act under the heading Economic Support Fund , not more than $15,000,000 shall be made available for democracy programs for Cuba. Of the funds made available under paragraph (1), not less than $3,000,000 shall be made available to the United States Agency for International Development to support— free enterprise and private business organizations; and people-to-people educational and cultural activities. For purposes of paragraph (2), activities described in such paragraph shall be considered democracy programs pursuant to section 7032(c) of this Act, except that none of the funds made available under such paragraph may be used for assistance for the Government of Cuba. Funds appropriated under title I of this Act may be made available for— the operation of, and infrastructure and security improvements to, United States diplomatic facilities in Cuba; and costs associated with additional United States diplomatic personnel in Cuba. Notwithstanding any other provision of law enacted prior to this Act, United States payments to the Inter-American Development Bank ( IDB ) shall not be withheld if IDB awards grants for the purpose of hiring consultants and the payment of other costs related to technical assistance to facilitate transparency, private sector development, and other structural reforms of the Cuban economy: , That assistance under this paragraph may not exceed $2,500,000 during fiscal year 2017. Provided Of the funds appropriated by this Act, not more than $183,168,000 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 such government is taking effective steps, which are in addition to steps taken during the previous calendar year, to— hold new, inclusive, transparent and credible parliamentary and presidential elections and seat a new Haitian Parliament and President; strengthen the rule of law in Haiti, including by reducing pre-trial detention and 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.