Sec. 7045.
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/bill/117/hr/4373/rh/section-7045A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
Of the funds appropriated by this Act under titles III and IV, up to $860,600,000 may be made available for assistance for Belize, Costa Rica, El Salvador, Guatemala, Honduras, Nicaragua, and Panama, including through the Central America Regional Security Initiative: , That such assistance shall be prioritized for programs and activities that address the key factors that contribute to irregular migration, particularly of unaccompanied minors, to the United States and such funds shall be made available for global food security, global health, humanitarian, development, democracy, border security, and law enforcement programs for such countries, including for programs to reduce violence against women and girls and to combat corruption and impunity, as appropriate:
Provided , That not less than $60,000,000 shall be made available to support entities and activities to combat corruption and impunity in such countries, including offices of Attorneys General. Provided further Of the funds made available pursuant to paragraph
(1)under titles III and IV of this Act that are made available for assistance for each of the central governments of El Salvador, Guatemala, and Honduras, 75 percent may only be obligated after the Secretary of State certifies and reports to the Committees on Appropriations that such government is— combating corruption and impunity, including investigating and prosecuting government officials, military personnel, and civilian police officers credibly alleged to be corrupt; implementing reforms, policies, and programs to strengthen the rule of law, including increasing the transparency of public institutions, and the independence of judiciary and electoral institutions to improve transparency of political campaign and political party financing; protecting the rights of human rights defenders, trade unionists, journalists, civil society groups, opposition political parties, and the independence of the media; providing effective and accountable law enforcement and security for its citizens, curtailing the role of the military in public security, and upholding due process of law; implementing policies to reduce poverty and promote equitable economic growth and opportunity, including the implementation of reforms to strengthen educational systems, vocational training programs, and programs for at-risk youth; improving border security and countering human smuggling and trafficking, criminal gangs, drug traffickers, and transnational criminal organizations; countering and preventing sexual and gender-based violence; informing its citizens of the dangers of the journey to the southwest border of the United States; and implementing policies that improve the environment for foreign investment, including executing tax reform in a transparent manner, ensuring effective legal mechanisms for reimbursements of tax refunds owed to United States businesses, and resolving disputes involving the confiscation of real property of United States entities. If the Secretary is unable to make the certification required by subparagraph
(A)for one or more of the governments, such assistance for such central government shall be reprogrammed for assistance to non-governmental organizations in Central America or for other countries in Latin America and the Caribbean, notwithstanding the minimum funding requirements of this subsection and of section 7019 of this Act: , That any such reprogramming shall be subject to the regular notification procedures of the Committees on Appropriations. Provided The limitation of subparagraph
(A)shall not apply to funds appropriated by this Act that are made available for— entities and activities related to combating corruption and impunity, including offices of Attorneys General; programs to support women and to combat sexual and gender-based violence; programs to promote and protect human rights, including those of indigenous communities and Afro-descendants; humanitarian assistance; and food security programs. None of the funds appropriated by this Act under the heading Foreign Military Financing Program may be made available for assistance for El Salvador, Guatemala, or Honduras. Of the funds appropriated by this Act under titles III and IV, not less than $461,375,000 shall be made available for assistance for Colombia: , That such funds shall be made available for the programs and activities described under this section in the report accompanying this Act. Provided In administering funds appropriated by this Act under the heading “International Narcotics Control and Law Enforcement” and made available for counternarcotics assistance for Colombia the Secretary of State shall ensure that— the Government of Colombia is continuing to implement a national whole-of-government counternarcotics strategy designed to reduce by 50 percent cocaine production and coca cultivation levels in Colombia; such strategy is not in violation of the 2016 peace accord between the Government of Colombia and the Revolutionary Armed Forces of Colombia; and the Government of Colombia is taking effective steps to dismantle drug trafficking networks and to assist farmers in eradicating and sustainably replacing coca. Of the funds appropriated by this Act under the headings International Narcotics Control and Law Enforcement and Foreign Military Financing Program and made available for assistance for Colombia, 30 percent may be obligated only after the Secretary of State certifies and reports to the Committees on Appropriations that— the Special Jurisdiction for Peace and other judicial authorities are taking effective steps to hold accountable perpetrators of gross violations of human rights in a manner consistent with international law, including for command responsibility, and sentence them to deprivation of liberty; the Government of Colombia is taking effective steps to prevent attacks against human rights defenders and other civil society activists, trade unionists, and journalists, and judicial authorities are prosecuting those responsible for such attacks; the Government of Colombia is taking effective steps to protect Afro-Colombian and indigenous communities and is respecting their rights and territory; and the military and police officers credibly alleged, or whose units are credibly alleged, to be responsible for ordering, committing, and covering up cases of false positives, extrajudicial killings, or of committing other gross violations of human rights, or of conducting illegal communications intercepts or other surveillance of human rights defenders, Afro-Colombian and indigenous community leaders, trade unionists, journalists, judicial personnel, legislative authorities or whistleblowers within the security forces, are being held accountable, including removal from active duty if found guilty through criminal, administrative, or disciplinary proceeding. The limitations of paragraph
(3)shall not apply to funds made available for— protecting the rights of human rights defenders, Afro-Colombian and indigenous community leaders, trade unionists, journalists, civil society groups, opposition political parties, and the independence of the media; combating corruption and impunity, including support for offices of Attorneys General; aviation instruction and maintenance; and maritime and riverine security programs. Aircraft supported by funds appropriated by this Act and prior Acts making appropriations for the Department of State, foreign operations, and related programs and made available for assistance for Colombia 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. 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. Of the funds appropriated by this Act under the heading Economic Support Fund , not more than $20,000,000 shall be made available for democracy programs in Cuba. Of the funds made available pursuant to paragraph (1), not less than $5,000,000 shall be made available for programs 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: Provided , That such funds shall be made available following consultation with the Committees on Appropriations. Funds appropriated under title I of this Act shall 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. 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 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, increasing expenditures on public services, and implementing effective land border controls and security; 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. None of the funds made available by this Act may be used to provide assistance to the armed forces of Haiti. Of the funds appropriated by this Act under titles III and IV, not less than $80,000,000 shall be made available for the Caribbean Basin Security Initiative. Of the funds appropriated by this Act under the heading Economic Support Fund , not less than $50,000,000 shall be made available for democracy programs for Venezuela. Funds appropriated under title III of this Act and prior Acts making appropriations for the Department of State, foreign operations, and related programs shall be made available for assistance for communities in countries supporting or otherwise impacted by refugees from Venezuela, including Colombia, Peru, Ecuador, Curacao, and Trinidad and Tobago: , That such amounts are in addition to funds otherwise made available for assistance for such countries, subject to prior consultation with, and the regular notification procedures of, the Committees on Appropriations. Provided