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 as described under this section in the explanatory statement described in section 4 (in the matter preceding division A of this consolidated Act). 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, consistent with subsection (a), which shall include programs to— combat corruption and impunity in such countries, including, as appropriate, with offices of Attorneys General; reduce violence against women and girls; and support locally-led development in El Salvador, Guatemala, and Honduras.
Of the funds made available pursuant to paragraph
(1)under the heading National Security Investment Programs and under title IV of this Act, 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— 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; taking demonstrable actions to secure national borders and stem mass migration toward Mexico and the United States, including positive governance related to combating crime and violence, building economic opportunity, improving government services, and protecting human rights; 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; 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. 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; programs to promote and protect human rights and to investigate human rights abuses; support for women’s economic empowerment; prevention of violence against women and girls; 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. Prior to the initial obligation of funds appropriated by this Act and made available for assistance for Colombia, the Secretary of State shall submit the reports required under this section in the explanatory statement described in section 4 (in the matter preceding division A of this consolidated Act). Of the funds appropriated by this Act under the heading International Narcotics Control and Law Enforcement that are made available for assistance for Colombia, 25 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— reduced overall coca cultivation, production, and drug trafficking; continued cooperating with the United States on joint counternarcotics operations; 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 requirements under this section in the explanatory statement described in section 4 (in the matter preceding division A of this consolidated Act) have been met. 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, compensation to demobilized combatants, or cash subsidies for agrarian reforms associated with the implementation of the 2016 agreement between the Government of Colombia and illegal armed groups. Of the funds appropriated by this Act under the heading National Security Investment Programs , not less than $25,000,000 shall be made available to promote democracy and strengthen civil society in Cuba, including to support political prisoners: 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, None of the funds appropriated or otherwise made available by this Act or prior Acts making appropriations for the Department of State, foreign operations, and related programs may be used to eliminate or diminish the Cuba Restricted List as maintained by the Department of State, or to otherwise allow, facilitate or encourage financial transactions with entities on the Cuba Restricted List, as well as other entities or individuals within the Cuban military or Cuban intelligence services, high level members of the Communist Party, those licensed by the Cuban government, or the immediate family members of these entities or individuals. None of the funds appropriated or otherwise made available by this Act or prior Acts making appropriations for the Department of State, foreign operations, and related programs may be made available to any individual or entity that— engages in financial transactions with, transfers funds to, or otherwise provides material support to the Ministry of the Revolutionary Armed Forces of Cuba, the Ministry of the Interior of Cuba, or any subdivision, agency, or instrumentality thereof; engages in activities that directly or indirectly support, facilitate, or benefit the operations, revenue generation, or international commercial activities of such Ministries; is owned or controlled by, or acts on behalf of, any entity described in subparagraphs
(A)or (B); or knowingly provides support or services for the purpose of circumventing sanctions or restrictions on the Cuban military or security forces, or to benefit senior members thereof. The restrictions of paragraph
(3)shall not apply to— the sale of agricultural commodities, medicine, or medical devices to Cuba consistent with the Trade Sanctions Reform and Export Enhancement Act of 2000 ( 22 U.S.C. 7201 et seq. ); payments in furtherance of the lease, maintenance, or improvements of the United States military base at Guantanamo Bay, Cuba; assistance in support of democracy-building and civil society programs for Cuba consistent with section 109 of the LIBERTAD Act; payments necessary for the operations, maintenance, or outreach of the United States diplomatic mission or embassy in Havana, Cuba; and sending, processing, or receiving authorized remittances. 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, That the Secretary of State shall inform each government or international organization of its inclusion in such report not later than 30 days after the date of the submission of such report to such committees. Provided further, The Secretary of State shall apply the requirements of section 7031(c) of this Act to officials from countries and organizations identified in the report required pursuant to the previous paragraph. None of the funds appropriated by this Act under titles III and IV may be made available for assistance for the central government of a country or international organization that is listed for 2 consecutive years 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 for 2 consecutive years 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 toward 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, , That the prohibition contained in this subsection shall not be construed to preclude the provision of humanitarian assistance. Provided further Funds appropriated under titles III and IV of this Act shall be made available for assistance for Haiti for programs to— improve security and counter gang violence, including through the Gang Suppression Force in Haiti, and support for the Haitian National Police and administration of justice; coordinate programs and facilitate information sharing between and among Federal agencies and other international entities, particularly in the security and electoral sectors; address humanitarian needs, including nutrition and programs addressing violence against women and children; continue basic education, public health, and economic development programs; and establish humanitarian corridors for the provision of assistance to the people of Haiti, as the initial step in implementing an integrated security and humanitarian response that respects Haitian self-determination and sovereignty. Of the funds appropriated by this Act under the headings Peacekeeping Operations and Foreign Military Financing Program , up to $5,000,000 may be made available for non-lethal assistance and operational support for the Haitian Armed Forces, following consultation with the appropriate congressional committees. 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 made available for assistance for the Government of Mexico until the Secretary of State certifies and reports to the Committees on Appropriations that such Government is delivering water owed to the United States by Mexico, as prescribed by Article 4, Section B of the Treaty Between the United States of America and Mexico Relating to the Utilization of Waters of the Colorado and Tijuana Rivers and of the Rio Grande, February 3, 1944 (59 Stat. 1219): That such certification shall include an assessment of whether Mexico is delivering water in accordance with all terms established across bilateral agreements addressing delivery shortfalls: Provided, That the limitation of this paragraph shall not apply to funds made available to counter the flow of fentanyl, fentanyl precursors, and other synthetic drugs into the United States. Provided further, Of the funds appropriated by this Act under title IV that are made available for assistance for Mexico, 30 percent may only be obligated after the Secretary of State certifies and reports to the Committees on Appropriations that in the previous 12 months the Government of Mexico has taken steps to— reduce the amount of fentanyl arriving at the United States-Mexico border; dismantle and hold accountable transnational criminal organizations; support joint counternarcotics operations and intelligence sharing with United States counterparts; respect extradition requests for criminals sought by the United States; and increase counternarcotics engagement at both Federal and state levels. Of the funds appropriated by this Act under the heading National Security Investment Programs , not less than $15,000,000 shall be made available for democracy and religious freedom programs for Nicaragua. 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 $90,000,000 shall be made available for the Caribbean Basin Security Initiative: That funds made available above the fiscal year 2025 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 National Security Investment Programs , $50,000,000 should be made available for democracy programs for Venezuela.
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- 59 Stat. 1219
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