Sec. 7045.
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/bill/117/s/3075/is/section-7045·A 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, not less than $653,875,000 should be made available for assistance for Belize, Costa Rica, El Salvador, Guatemala, Honduras, Nicaragua, and Panama, including to implement the Root Causes Strategy and through the Central America Regional Security Initiative: , That such assistance shall be prioritized for programs and activities that address the violence, poverty, and other factors that contribute to irregular migration, particularly of unaccompanied minors, to the United States, including for programs to reduce violence against women and girls, address the needs and protect the rights of Indigenous people, and for support for civil society and other independent institutions and activities to combat corruption and impunity.
Provided Up to $100,000,000 of the funds made available pursuant to subparagraph
(A)for assistance for El Salvador, Guatemala, and Honduras may be made available for programs that support locally-led development in such countries and may remain available until September 30, 2027: , That up to 15 percent of the funds made available to carry out this subparagraph may be used by USAID for administrative and oversight expenses related to the purposes of this subparagraph: Provided , That other than to meet the requirements of this subparagraph, funds made available to carry out this subparagraph may not be allocated in the report required by section 653(a) of the Foreign Assistance Act of 1961 to meet any other specifically designated funding levels contained in this Act: Provided further , That such funds may be attributed to any such specifically designated funding level after the award of funds under this section, if applicable: Provided further , That the USAID Administrator shall consult with the Committees on Appropriations on the planned uses of funds to carry out this subparagraph prior to the initial obligation of funds: Provided further , That such funds shall be subject to the regular notification procedures of the Committees on Appropriations. Provided further Not less than $70,000,000 of the funds made available pursuant to subparagraph
(A)shall be made available for programs to reduce violence against women and girls, including for women’s shelters, girls education, and anti-gang programs: , That of such funds, not less than $20,000,000 shall be made available to support bilateral compacts with the governments of El Salvador, Guatemala, and Honduras for the specific purpose of strengthening the capacity of the judicial systems in such countries to protect women and children from domestic violence, sexual assault, trafficking, and child abuse or neglect, including by holding perpetrators accountable. Provided Of the funds made available pursuant to paragraph
(1)under the heading Economic Support Fund and under title IV of this Act that are made available for assistance for each of the central governments of El Salvador, Guatemala, and Honduras, 50 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 by implementing laws and policies to ensure transparency of government receipts and expenditures, and by allowing independent investigations and prosecutions of corrupt public officials to proceed; protecting the rights of civil society, members of political parties, freedom of expression, association, and the press; respecting the right of due process and holding accountable members of security forces who violate human rights; implementing policies to reduce poverty and promote equitable economic growth and opportunity; respecting the independence of the judiciary and of electoral processes; combating human smuggling and trafficking and countering the activities of criminal gangs, drug traffickers, and transnational criminal organizations; informing its citizens of the dangers of the journey to the southwest border of the United States; 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 central governments, such assistance may be reprogrammed for assistance for civil society organizations and local governments in such country, or for other countries in Latin America and the Caribbean, notwithstanding the funding provisions in this subsection and the limitations in 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— offices of Attorneys General and other judicial authorities that are acting independently to combat organized crime, corruption, and impunity; programs to support women and girls and to combat sexual and gender-based violence; programs to promote respect for the rule of law and to protect human rights, including of Indigenous communities and Afro-descendants; programs to strengthen democracy; humanitarian assistance; public health and education; 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 the heading Development Assistance , not less than $50,000,000 shall be made available for a program modeled on AmeriCorps in El Salvador, Guatemala, and Honduras, which shall be named Central AmeriCorps and implemented in accordance with the guidelines under this heading in the explanatory statement accompanying this Act: , That the goal of Central AmeriCorps shall be to create measurable reductions in migration from targeted communities in such countries by recruiting young people to engage in COVID–19 response, hurricane preparedness and recovery, and other community projects, while having secondary impacts by channeling additional income into local economies and providing needed skills training for future employment in local businesses: Provided , That participants shall be recruited from communities with high outward migration and low income, including Indigenous communities: Provided further , That not later than 45 days after enactment of this Act, the USAID Administrator shall consult with the Committees on Appropriations on the establishment and implementation of Central AmeriCorps. Provided further Of the funds appropriated by this Act under titles III and IV, not less than $463,850,000 should be made available for assistance for Colombia: , That of such funds that are made available under the heading Provided International Narcotics Control and Law Enforcement for such assistance, not less than $70,000,000 shall be made available to enhance rural security in coca producing municipalities that are targeted for assistance programs that provide viable economic alternatives and improve access to public services. Of the funds appropriated by this Act under the heading International Narcotics Control and Law Enforcement that are made available 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 Government of Colombia is implementing an effective whole-of-government strategy to substantially and sustainably reduce coca cultivation and cocaine production levels in Colombia, by prioritizing and increasing domestic funding to enhance rural security in coca producing municipalities that are targeted for assistance programs that provide viable economic alternatives and improve access to public services, and such strategy is in accordance with the 2016 peace accord between the Government of Colombia and the Revolutionary Armed Forces of Colombia; and Of the funds appropriated by this Act under the heading International Narcotics Control and Law Enforcement and made available for assistance for the Colombian National Police, 5 percent may be obligated only if the Secretary of State certifies and reports to the Committees on Appropriations that the Government of Colombia is bringing to justice police personnel who ordered, directed, and used excessive force and engaged in other illegal acts against peaceful protesters in 2021. Of the funds appropriated by this Act under the heading Foreign Military Financing Program and made available 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 Special Jurisdiction for Peace and other judicial authorities, as appropriate, are sentencing perpetrators of serious violations of human rights, including those with command responsibility, to deprivation of liberty; the Government of Colombia is making consistent progress in reducing threats and attacks against human rights defenders and other civil society activists, and judicial authorities are prosecuting and punishing those responsible for ordering and carrying out such attacks; the Government of Colombia is making consistent progress in protecting Afro-Colombian and Indigenous communities and is respecting their rights and territories; senior military officers responsible for ordering, committing, and covering up cases of false positives are being prosecuted and punished, officers with pending cases are not being promoted, and witnesses are being protected; and the Government of Colombia is bringing to justice military and police personnel who authorized, conducted, and covered up illegal surveillance and communications intercepts and has taken effective steps to prevent the recurrence of such crimes. The limitations of paragraph
(2)shall not apply to funds made available for 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 may be made available for assistance for the Colombian National Police’s Mobile Anti-Disturbances Squadron. Funds appropriated by this Act that are made available for assistance for Colombia may be used to support demining and unexploded ordnance clearance activities involving former combatants who have demobilized and renounced violence. Of the funds appropriated by this Act under the heading Economic Support Fund , $20,000,000 shall be made available for democracy programs in Cuba. Of the funds appropriated by this Act under the heading Economic Support Fund , $5,000,000 shall be made available, notwithstanding any other provision of law, for programs to support— free enterprise and private business organizations in Cuba; and people-to-people educational and cultural activities involving citizens of Cuba and the United States. None of the funds appropriated by this Act may be made available to any entity controlled by the Cuban military. 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 made available pursuant to this subsection shall be subject to prior consultation with the Committees on Appropriations. Funds appropriated by this Act that are made available for assistance for Haiti may only be made available for the central Government of Haiti if the Secretary of State certifies and reports to the appropriate congressional committees that a new President and Parliament have taken office after free and fair elections, or the country is being led by a transitional governing authority that is broadly representative of Haitian society, and it is in the national interest of the United States to provide such assistance. Notwithstanding paragraph (1), funds may be made available to support— free and fair elections; anti-gang police and administration of justice programs, including to reduce pre-trial detention and eliminate inhumane prison conditions; public health, food security, water and sanitation, education, and other programs to meet basic human needs; and disaster relief and recovery. Funds appropriated by this Act that are made available for assistance for Haiti 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 may be used for assistance for the armed forces 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. Of the funds appropriated by this Act under the heading Economic Support Fund , not less than $10,000,000 shall be made available for civil society programs for Nicaragua. The Secretary of the Treasury shall instruct the United States executive director of each international financial institution to vote against any loan, grant, credit, or guarantee for the Government of Nicaragua, except to meet basic human needs or to strengthen democracy, unless the Secretary of State certifies and reports to the Committees on Appropriations that Nicaragua has held free and fair presidential elections and the rule of law has been restored, including freedom of expression, association, and assembly, the right of due process, and the rights of members of political parties. The Secretary of State should apply section 7031(c) of this Act to the Nicaraguan officials responsible for ordering the wrongful arrests of potential presidential candidates in 2021. None of the funds appropriated by this Act should be made available for assistance for the central government of a country that the Secretary of State determines and reports to the Committees on Appropriations has taken affirmative steps intended to support or be supportive of the outcome of presidential elections in Nicaragua that the Secretary determines are neither free nor fair: , That the Secretary may waive the restriction on assistance required by this paragraph if the Secretary determines and reports to such Committees that to do so is in the national interest of the United States, and includes a justification for such interest. Provided The Secretary of State should use all available diplomatic tools to suspend Nicaragua’s participation in the Central America Free Trade Agreement in government-controlled sectors of the economy, until the Secretary determines and reports to the Committees on Appropriations that Nicaragua has held free and fair presidential elections. Of the funds appropriated by this Act under the heading Economic Support Fund , not less than $50,000,000 should 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 should 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