Sec. 7045.
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The Secretary of State, in consultation with the heads of other relevant United States Government agencies, shall review the United States Strategy for Engagement in Central America (the Strategy) and submit an updated Strategy to the appropriate congressional committees not later than 90 days after enactment of this Act: , That such Strategy shall address the key factors in countries in Central America that contribute to the migration of undocumented Central Americans to the United States:
Provided , That such Strategy should support regional security and economic initiatives, including the Plan of the Alliance for Prosperity in the Northern Triangle in Central America (the Plan), to the extent the Secretary of State determines such initiatives are consistent with the national interest of the United States. Provided further Subject to the requirements of this subsection, of the funds appropriated under titles III and IV of this Act, $655,000,000 should be made available for assistance for countries in Central America to implement the United States Strategy for Engagement in Central America: , 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
(2)and following the submission of the Strategy as required in paragraph (1), the Secretary of State shall submit to the Committees on Appropriations a multi-year spend plan as described under this section in the explanatory statement described in section 4 (in the matter preceding division A of this Consolidated Act), including a description of how such funds shall prioritize addressing the key factors in countries in Central America that contribute to the migration of undocumented Central Americans to the United States. Of the funds made available pursuant to paragraph
(2)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 those steps taken since the certification and report submitted during the prior year, if applicable, 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 illegal migration, human smuggling and trafficking, and trafficking of 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 for asylum, 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, which are in addition to those steps taken since the certification and report submitted during the prior year, if applicable, to— work cooperatively with an autonomous, publicly accountable entity to provide oversight of the Plan; combat corruption, including investigating and prosecuting current and former 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 government personnel, including military and police personnel, who are credibly alleged to have violated human rights, and ensure that such personnel are cooperating in such cases; cooperate with commissions against corruption and impunity 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; implement a plan that includes goals, benchmarks and timelines to create a professional, accountable civilian police force and end the role of the military in internal policing, and make such plan available to the Department of State; 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 (4)(A) and (4)(B): , 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 the appropriate congressional 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 (4)(A) and (4)(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 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 to support the Strategy. 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 stability in Colombia and the region; strengthen and expand governance, the rule of law, and access to justice throughout Colombia; promote economic and social development, including by improving access to areas impacted by conflict through demining programs; and implement a peace agreement between the Government of Colombia and illegal armed groups, in accordance with constitutional and legal requirements in Colombia: , That such funds shall be subject to prior consultation with, and the regular notification procedures of, the Committees on Appropriations. Provided None of the funds appropriated by this Act or prior Acts making appropriations for the Department of State, foreign operations, and related programs that are made available for assistance for Colombia may be made available for payment of reparations to conflict victims or compensation to demobilized combatants associated with a peace agreement between the Government of Colombia and illegal armed groups. Prior to the initial 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 as described under section 7045 in the explanatory statement described in section 4 (in the matter preceding division A of this Consolidated Act). Funds made available by this Act under the heading Economic Support Fund for assistance for Colombia shall be apportioned directly to USAID, except that not less than $7,000,000 of such funds 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 made available by this Act under the heading International Narcotics Control and Law Enforcement for assistance for Colombia, 20 percent may be obligated only in accordance with the conditions set forth under section 7045 in the explanatory statement described in section 4 (in the matter preceding division A of this Consolidated Act). Of the funds made available by this Act under the heading Foreign Military Financing Program for assistance for Colombia, 20 percent may be obligated only in accordance with the conditions set forth under section 7045 in the explanatory statement described in section 4 (in the matter preceding division A of this Consolidated Act). The limitations of paragraphs
(5)and
(6)shall not apply to funds made available for aviation instruction and maintenance, and maritime and riverine security programs. Of the funds appropriated by this Act under the headings Development Assistance and Economic Support Fund , not more than $45,000,000 may be made available for assistance for Haiti: , That the funding limitation of this paragraph may be exceeded for food security and global health programs. Provided Funds appropriated by this Act under the headings Development Assistance and Economic Support Fund that are made available for assistance for Haiti 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 since the certification and report submitted during the prior year, if applicable, to— strengthen the rule of law in Haiti, including by— selecting judges in a transparent manner based on merit; reducing pre-trial detention; respecting the independence of the judiciary; and improving governance by implementing reforms to increase transparency and accountability, including through the penal and criminal codes; combat corruption, including by implementing the anti-corruption law enacted in 2014 and prosecuting corrupt officials; increase government revenues, including by implementing tax reforms, and increase expenditures on public services; and resolve commercial disputes between United States entities and the Government of Haiti. 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.