Sec. 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 programs that— address the violence, economic insecurity and inequality, corruption, and other factors that contribute to irregular migration; protect the rights of Indigenous people and support civil society and other independent institutions; advance democracy, constitutional order, and human rights; and counter fentanyl and other narcotics trafficking.
Funds appropriated by this Act shall be made available to support the Americas Partnership for Economic Prosperity and other efforts to build economic partnerships and expand economic collaboration and integration in the Americas: That 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 detailing how such efforts are coordinated between governments of partnership countries and which entity at the Department of State is responsible for coordinating diplomatic engagement and other activities to advance such partnerships.
Provided, Funds appropriated under titles III and IV of this Act shall be made available for assistance for countries in Central America, consistent with subsection (a)(1), of which— $61,500,000 shall be made available to support entities and activities to combat corruption and impunity in such countries, including, as appropriate, offices of Attorneys General; $70,000,000 shall be made available for programs to reduce violence against women and girls, including for Indigenous women and girls; $100,000,000 shall be made available for assistance for El Salvador, Guatemala, and Honduras for programs that support locally-led development in such countries:
That up to 15 percent of the funds made available to carry out this subparagraph may be used by the Administrator of the United States Agency for International Development for administrative and oversight expenses related to the purposes of this subparagraph; and Provided, funds shall be made available for the youth empowerment program established pursuant to section 7045(a)(1)(C) of the Department of State, Foreign Operations, and Related Programs Appropriations Act, 2022 (division K of Public Law 117–103 ).
Of the funds made available pursuant to paragraph
(1)under the heading Economic Support Fund and under title IV of this Act, 60 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— combating corruption and impunity, including investigating and prosecuting government officials, military personnel, and police officers credibly alleged to be corrupt, and improving strategies to combat money laundering and other global financial crimes; implementing reforms, policies, and programs to strengthen the rule of law, including increasing the transparency of public institutions, strengthening the independence of judicial and electoral institutions, and improving the 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 programs to reduce violence against women and girls; implementing policies to reduce poverty and promote economic growth and opportunity, including the implementation of reforms to strengthen educational systems, vocational training programs, and programs for at-risk youth; cooperating with the United States to counter drug trafficking, human trafficking and smuggling, and other transnational crime; cooperating with the United States and other governments in the region to facilitate the return, repatriation, and reintegration of migrants; taking demonstrable actions to secure national borders and stem mass migration, including by informing its citizens of the dangers of the journey to the southwest border of the United States and advancing efforts to combat crime and violence, build economic opportunity, improve government services, and protect human rights; and implementing policies that improve the environment for businesses, including foreign businesses, to operate and invest, 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: , That the Secretary of State shall consult with human rights groups and other civil society organizations in the United States and in El Salvador, Guatemala, and Honduras not less than 30 days prior to make such certification. Provided The limitation of subparagraph
(A)shall not apply to funds appropriated by this Act that are made available for— judicial entities and activities to combat corruption and impunity; programs to combat gender-based violence; programs to promote and protect human rights, including those of Indigenous communities and Afro-descendants, and to investigate human rights abuses; support for women’s economic empowerment; 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, except for programs that support humanitarian assistance and disaster response. Of the funds appropriated by this Act under titles III and IV, not less than $380,000,000 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 , That of the funds appropriated by this Act under the heading Provided further International Narcotics Control and Law Enforcement and made available for assistance pursuant to this paragraph, not less than $40,000,000 shall be made available to enhance rural security in coca producing municipalities and other municipalities with high levels of illicit activities: That such funds shall be prioritized in such municipalities that are also targeted for assistance programs that provide viable economic alternatives and improve access to public services. Provided further, 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 in the previous 12 months the Government of Colombia has— taken steps that have led to reduced overall coca cultivation, production, and drug trafficking in Colombia, including by supporting alternative development programs; continued cooperating with the United States on joint counternarcotics strategies; and maintained extradition cooperation with the United States. 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 gross 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 credibly alleged, or whose units are credibly alleged, to be responsible for ordering, committing, and covering up cases of false positives and other extrajudicial killings, or of committing other gross violations of human rights, or of conducting illegal communications intercepts or other illicit surveillance, are being held accountable, including removal from active duty if found guilty through criminal, administrative, or disciplinary proceedings; and the Colombian Armed Forces are cooperating fully with the requirements described in clauses
(i)through (iv). 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 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. Funds made available by this Act and prior Acts making appropriations for the Department of State, foreign operations, and related programs shall be made available to support the efforts of governments in Latin America and the Caribbean to resettle migrants, including through policy reforms, capacity building and technical assistance, and enhanced community integration and economic development, consistent with international law and best practices. Prior to the obligation of funds made available by this Act or prior Acts making appropriations for the Department of State, foreign operations, and related programs to support the involuntary repatriation operations of a foreign government, the Secretary of State shall certify and report to the appropriate congressional committees that an independent monitoring and oversight plan is in place for the use of such funds, and such funds shall be subject to prior consultation with such committees and the regular notification procedures of the Committees on Appropriations: , That the Secretary of State shall submit to the appropriate congressional committees the text of any agreements or awards related to such operations, including such independent monitoring and oversight plan, as appropriate, including any agreement with a foreign government, nongovernmental entity, or international organization, as applicable, not later than 5 days after the effective date of such document: Provided , That funds appropriated by this Act or prior Acts making appropriations for the Department of State, foreign operations, and related programs shall not be used to support the refoulement of migrants or refugees. Provided further Funds appropriated by this Act for assistance for Haiti shall be made available, following consultation with the Committees on Appropriations, for— democracy programs, including transparency and accountability; livelihood programs and to support private sector investment; police, anti-gang, and administration of justice programs, to include efforts to reduce pre-trial detention and eliminate inhumane prisons conditions; public health, food security, subsistence farming, water and sanitation, education, and other programs to meet the basic human needs of the Haitian people; and disaster relief and recovery. Funds appropriated by this Act may be made available for the Multinational Security Support
(MSS)mission: , That prior to the initial obligation of funds for the MSS, the Secretary of State shall submit to the Committees on Appropriations the report required under this section in the report accompanying this Act. Provided 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 appropriated or otherwise made available by this Act may be used for assistance for the armed forces of Haiti. Of the funds appropriated under title IV of 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, including by increasing participation in multilateral fora to counter trafficking of fentanyl, fentanyl precursors, and other synthetic drugs and their precursor materials; dismantle and hold accountable transnational criminal organizations; support joint counternarcotics operations and intelligence sharing with United States counterparts; and respect extradition requests for criminals sought by the United States: , That such withholding shall also apply until the Secretary of State submits the report required under this heading in the report accompanying this Act regarding water deliveries. Provided The Secretary of State shall instruct the United States Permanent Representative to the Organization of American States
(OAS)to use the voice and vote of the United States to: implement budgetary reforms and efficiencies within the Organization; eliminate arrears, increase other donor contributions, and impose penalties for successive late payment of assessments; prevent programmatic and organizational redundancies and consolidate duplicative activities and functions; prioritize areas in which the OAS has expertise, such as strengthening democracy, monitoring electoral processes, and protecting human rights; and implement reforms within the Office of the Inspector General
(OIG)to ensure the OIG has the necessary leadership, integrity, professionalism, independence, policies, and procedures to properly carry out its responsibilities in a manner that meets or exceeds best practices in the United States. Prior to the obligation of funds appropriated by this Act and made available for an assessed contribution to the Organization of American States, but 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 on actions taken or planned to be taken pursuant to paragraph
(1)that are in addition to actions taken during the preceding fiscal year, and the results of such actions. Of the funds appropriated by this Act under titles III and IV, not less than $88,000,000 shall be made available for the Caribbean Basin Security Initiative. Of the funds appropriated by this Act under the heading Economic Support Fund , $50,000,000 should be made available for democracy programs for Venezuela.
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