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Code · BILL · 118th Congress · H.R. 4665 (Reported in House) — Making appropriations for the Department of State, foreign operations, and related programs for the fiscal year endin... · Sec. 7045

Sec. 7045.

1,971 words·~9 min read·/bill/118/hr/4665/rh/section-7045

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Funds appropriated by this Act under titles III and IV and made available for countries in Latin America and the Caribbean shall be prioritized for countries and programs that are— countering fentanyl and other narcotics trafficking; respecting norms of democracy, constitutional order, and human rights; cooperating in the countering of regional and global authoritarian threats; and demonstrating commitment and progress in offsetting large-scale migration and human trafficking from or through the Western Hemisphere.
Not later than 30 days after the date of enactment of this Act, the Secretary of State shall consult with the appropriate congressional committees on a hemispheric plan to further the strategic priorities contained in paragraph (1): That such plan shall include baseline definitions for the requirements in subparagraphs (A), (B), (C), and (D). Provided, Funds appropriated under titles III and IV of this Act shall be made available for assistance for countries in Central America, including Panama and Costa Rica, and shall be allocated to address the unique circumstances of each country in support of United States security interests in the region.
Of the funds made available pursuant to paragraph (1), 50 percent of such funds that are made available for assistance for each of the central governments of El Salvador, Guatemala, and Honduras, may only be obligated after the Secretary of State certifies and reports to the Committees on Appropriations that such government is— cooperating with the United States to counter drug trafficking, human trafficking and smuggling, and other illicit transnational crime; cooperating with the United States and other governments in the region to facilitate the return, repatriation, and reintegration of migrants arriving at the southwest border of the United States who do not qualify for asylum, consistent with international law; taking demonstrable actions to secure national borders and stem mass migration towards Mexico and the United States, including positive governance related to combating crime and violence, building economic opportunity, improving services, and protecting human rights; improving strategies to combat money laundering and other global financial crimes, and counter corruption, including investigating and prosecuting government officials, military personnel, and police officers credibly alleged to be corrupt; improving rule of law and taking positive steps to counter impunity; and improving the conditions for businesses to operate and invest, including investment-friendly tax reform, transparent and expeditious dispute resolution, and legal frameworks protecting private property rights.
The limitation of subparagraph
(A)shall not apply to funds appropriated by this Act that are made available for— judicial entities to combat corruption and impunity; investigation of human rights abuses; support for women’s economic empowerment; prevention of violence against women and girls; security assistance to combat transnational crime, including narcotics trafficking; security assistance to protect national borders; and security assistance associated with migration protection. None of the funds appropriated by this Act and 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— reparation payments or cash subsidies outlined in the 2016 Peace Accords; and alternative development assistance on properties where substances deemed illegal under the Controlled Substance Act of 1970 are grown, produced, imported, or distributed. Of the funds appropriated by this Act and prior Acts making appropriations for the Department of State, foreign operations, and related programs under the heading Economic Support Fund , up to $1,000,000 may be used by the Inspector General of the United States Agency for International Development for audits and other activities related to compliance with the limitations in paragraph (1): That such funds are in addition to funds otherwise available for such purposes. Provided, Aircraft supported by funds made available 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. Of the funds appropriated by this Act under the heading Economic Support Fund , not less than $30,000,000 shall be made available to promote democracy and strengthen civil society in Cuba, including to support political prisoners, and shall be administered by the United States Agency for International Development, the National Endowment for Democracy, and the Bureau for Democracy Human Rights and Labor, Department of State: That no funds shall be obligated for business promotion, economic reform, entrepreneurship, or any other assistance that is not democracy building as expressly authorized in the Cuban Liberty and Democratic Solidarity (LIBERTAD) Act of 1996 and the Cuban Democracy Act of 1992. Provided, Not less than 50 percent of broadcast production of the Office of Cuba Broadcasting shall be allocated for medium- and short-wave broadcasting. Not later than 90 days after the date of enactment of this Act, the Secretary of State shall submit a report to the appropriate congressional committees listing the countries and international organizations for which the Secretary has credible information are directly paying the Government of Cuba for coerced and trafficked labor of Cuban medical professionals: That such report shall be submitted in unclassified form but may include a classified annex. Provided, None of the funds appropriated by this Act under title III may be made available for assistance for the central government of a country or international organization that is listed in the report required by paragraph (1). The Secretary may resume assistance to the government of a country or international organization listed in the report required by paragraph
(1)if the Secretary determines and reports to the appropriate congressional committees that such government or international organization no longer pays the Government of Cuba for coerced and trafficked labor of Cuban medical professionals. None of the funds appropriated or otherwise made available by this Act may be used to encourage, mobilize, publicize, or manage mass-migration caravans towards the United States southwest border: That not later than 180 days after the date of enactment of this Act, the Secretary of State shall report to the appropriate congressional committees with analysis on the organization and funding of mass-migration caravans in the Western Hemisphere. Provided, None of the funds appropriated or otherwise made available by this Act may be made available to designate foreign nationals residing in Mexico and awaiting entry into the United States on the Mexico side of the United States border as of May 19, 2023 for Priority 2 processing under the refugee resettlement priority system unless such Priority 2 designation is expressly authorized by a subsequent Act of Congress. Funds appropriated by this Act under titles III and IV shall be made available for assistance for Haiti to support the basic needs of the Haitian people. 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 by January 1, 2025 that credible elections have been held in Haiti 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, subsistence farmers, water and sanitation, education, and other programs to meet basic human needs; and disaster relief and recovery. Funds appropriated by this Act and prior Acts making appropriations for the Department of State, foreign operations, and related programs that are made available for assistance for Haiti shall be subject to prior consultation with the Committees on Appropriations: Provided , That the requirement of this paragraph shall also apply to any funds from such Acts that are made available for support for an international security force in 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 under title IV in this Act that are made available for assistance for Mexico, 15 percent shall be withheld from obligation until the Secretary of State certifies and reports to the appropriate congressional committees that the Government of Mexico has taken steps to— reduce the amount of fentanyl arriving at the United States-Mexico border; and dismantle and hold accountable transnational criminal organizations. Prior to the initial obligation of funds made available for assistance for Mexico under the heading Economic Support Fund , but not later than 30 days after the date of enactment of this Act, the Secretary shall report to the appropriate congressional committees on how such funds are strategically aligned to address the proliferation of fentanyl and other opioids from Mexico to the United States. Funds appropriated by this Act that are made available for assistance for Nicaragua shall only be made available for democracy promotion, including to support religious freedom. The Secretary of State shall reduce funds appropriated by this Act under the headings Development Assistance and Economic Support Fund that are made available for assistance for Member States of the Organization of American States
(OAS)by an amount equal to the amount of arrears in excess of 100 percent of 2023 assessed quotas, as of the date of enactment of this Act, and re-apply such amount to the Coordinating Office of the OAS General Secretariat: Provided , That the Secretary of State may waive the requirement of this subsection for a Member State if the Secretary determines and reports to the Committees on Appropriations that it is important to the national security interest of the United States. Of the funds appropriated by this Act under titles III and IV, not less than $97,500,000 shall be made available for the Caribbean Basin Security Initiative: That funds made available above the fiscal year 2023 level shall be prioritized for countries within the transit zones of illicit drug shipments toward the United States, that have increased interdiction of illicit drugs, and are most directly impacted by the crisis in Haiti. Provided, Of the funds appropriated by this Act under the heading Economic Support Fund , $50,000,000 shall be made available for democracy programs for Venezuela. Of the funds made available pursuant to subparagraph
(A)that are allocated for electoral-related activities, 50 percent may only be obligated after the Secretary of State certifies and reports to the appropriate congressional committees that elections related to such activities— allow for the diaspora from Venezuela to participate; and are open for credible, unaccompanied international observation. Funds shall be made available for assistance for communities in countries supporting or otherwise impacted by migrants from Venezuela: That such amounts are in addition to funds otherwise made available for assistance for such countries and are subject to the regular notification procedures of the Committees on Appropriations. Provided, None of the funds appropriated by this Act may be used to negotiate the lifting of sanctions on the purchase or trade of gold extracted from Venezuela until the Secretary of State submits a report to the appropriate congressional committees on human rights abuses, crimes against humanity involving Indigenous peoples, environmental harm, and patrimonial theft associated with state-sponsored and illegal gold extraction from Venezuela's Orinoco Mining Arc and in national parks and reserves in Venezuela, including the Canaima National Park, and following consultation with such committees. Of the funds appropriated by this Act under the heading Diplomatic Programs and made available for the Office of the Secretary, 15 percent shall be withheld from obligation until the Secretary of State reports to the appropriate congressional committees that negotiations have begun with each of the governments listed in section 302 of H.R. 2, as passed by the House of Representatives on May 5, 2023, to carry out the directives of such section: That such report shall detail the status of such negotiations with each government. Provided,
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