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Code · BILL · 119th Congress · H.R. 8595 (Reported in House) — Making appropriations for national security, Department of State, and related programs for the fiscal year ending Sep... · Sec. 7045

Sec. 7045.

2,234 words·~10 min read·/bill/119/hr/8595/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.
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. Prior to the initial obligation of funds appropriated by this Act and made available for assistance for Colombia, the Secretary of State shall submit a report to the appropriate congressional committees on the status of United States bilateral relations with the Government of Colombia, including analysis of how such Government’s current policies align with United States national interests such as mitigating irregular migration; supporting rule of law, democracy and strong institutions; and countering narcotics trafficking, terrorist organizations, human trafficking, and antisemitism.
Of the funds appropriated by this Act under the heading International Narcotics Control and Law Enforcement that are made available for assistance for Colombia, 30 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.
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 national security, Department of State, 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. None of the funds appropriated by this Act or prior Acts making appropriations for national security, Department of State, and related programs that are made available for assistance for Colombia may be made available for— reparation payments; alternative development assistance on properties where substances deemed illegal under the Controlled Substances Act of 1970 are grown, produced, imported, or distributed; compensation awarded to demobilized combatants through the implementation of the 2016 peace agreement between the Government of Colombia and illegal armed groups; and agrarian cash subsidies. Of the funds appropriated by this Act under the heading National Security Investment Programs up to $1,000,000 may be used by the Inspector General of the Department of State for audits and other activities related to compliance with the limitations in paragraph (5)(B): Provided , That such funds are in addition to funds otherwise available for such purposes. Of the funds appropriated by this Act under the heading National Security Investment Programs , not less than $35,000,000 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 by this Act in title I and made available for public diplomacy programs may be made available for business promotion, economic reform, entrepreneurship, or any other activity or exchange in Cuba, or with Cuban nationals abroad, 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. None of the funds appropriated or otherwise made available by this Act or prior Acts making appropriations for national security, Department of State, and related programs may be used to— revoke the designation of Cuba as a State Sponsor of Terrorism; or 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 national security, Department of State, 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
(4)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. The limitations in paragraphs
(3)and
(4)shall no longer apply as of the date on which the President submits to Congress a determination under section 203(c)(3) of the Cuban Liberty and Democratic Solidarity (LIBERTAD) Act of 1996 ( 22 U.S.C. 6063(c)(3) ) that a democratically elected government in Cuba is in power. Funds appropriated by this Act under the heading Administration of Foreign Affairs shall be made available for the Rewards for Justice Program of the Department of State to provide rewards for information leading to the arrest or conviction, in any country, of any individual responsible for committing, conspiring or attempting to commit, or aiding or abetting in the commission of the attack on United States civilian aircraft over international waters by the Cuban military on February 24, 1996. 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 made available in contravention of Executive Order 14165, relating to Securing Our Borders, and Executive Order 14218, relating to Ending Taxpayer Subsidization of Open Borders, including to encourage, mobilize, publicize, or manage mass-migration caravans towards the United States southwest border. Funds appropriated by this Act under titles III and IV that are made available for assistance for Haiti shall be prioritized for programs described under this section in the report accompanying this Act. 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 Mexico until the Secretary of State certifies and reports to the Committees on Appropriations that the Government of Mexico 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 the Government of 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, If the Secretary of State determines that the Government of Mexico has not met the requirements of paragraph (1), the Secretary may transfer funds withheld pursuant to paragraph
(1)to the North American Development Bank for domestic water storage projects located along the United States-Mexico border. 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, nitazenes, and other synthetic opiods 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 $92,500,000 shall be made available for the Caribbean Basin Security Initiative: That funds made available above the fiscal year 2026 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 shall be made available for democracy programs for Venezuela. None of the funds appropriated by this Act may be used to negotiate, allow, or facilitate the lifting of sanctions on Venezuela, unless the Secretary of State certifies and reports to the appropriate congressional committees that there have been free and fair elections in Venezuela. Not later than 90 days after the date of enactment of this Act, and every 120 days thereafter until September 30, 2027, the Secretary of State, in consultation with the Secretary of the Treasury, shall submit a report to the Committees on Appropriations on Venezuelan funds subject to arrangements approved, authorized, or facilitated by the United States Government, to include the information described under this section in the report accompanying this Act.
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