Sec. 7045. latin america and the caribbean
2,004 words·~9 min read·
/statute-compilations/comps-15475/sec-7045A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
## SEC. 7045 latin america and the caribbean ###
(a)Central America ####
(1)Funding Subject to the requirements of this subsection, of the funds appropriated under titles III and IV of this Act, up to $615,000,000 may be made available for assistance for countries in Central America to implement the United States Strategy for Engagement in Central America (the Strategy): * Provided*, That such funds shall be made available to the maximum extent practicable on a cost-matching basis. ####
(2)Pre-obligation requirements Prior to the obligation of funds made available pursuant to paragraph (1), the Secretary of State shall submit to the Committees on Appropriations an updated multi-year spend plan as described under this subsection in the explanatory statement described in section 4 (in the matter preceding division A of this consolidated Act). ####
(3)Assistance for the central governments of el salvador, guatemala, and honduras Of the funds made available pursuant to paragraph
(1)that are available for assistance for each of the central governments of El Salvador, Guatemala, and Honduras, except for funds made available for the International Commission against Impunity in Guatemala or the Mission to Support the Fight against Corruption and Impunity in Honduras, the following amounts shall be withheld from obligation and may only be made available as follows: #####
(A)25 percent may only be obligated after the Secretary of State certifies and reports to the appropriate congressional committees that such government is— ######
(i)informing its citizens of the dangers of the journey to the southwest border of the United States; ######
(ii)combating human smuggling and trafficking; ######
(iii)improving border security, including preventing illegal migration, human smuggling and trafficking, and trafficking of illicit drugs and other contraband; and ######
(iv)cooperating with United States Government agencies and other governments in the region to facilitate the return, repatriation, and reintegration of illegal migrants arriving at the southwest border of the United States who do not qualify for asylum, consistent with international law. #####
(B)An additional 50 percent may only be obligated after the Secretary of State certifies and reports to the appropriate congressional committees that such government is— ######
(i)working cooperatively with an autonomous, publicly accountable entity to provide oversight of the Plan of the Alliance for Prosperity in the Northern Triangle in Central America (the Plan); ######
(ii)combating corruption, including investigating and prosecuting current and former government officials credibly alleged to be corrupt; ######
(iii)implementing reforms, policies, and programs to improve transparency and strengthen public institutions, including increasing the capacity and independence of the judiciary and the Office of the Attorney General; ######
(iv)implementing a policy to ensure that local communities, civil society organizations (including indigenous and other marginalized groups), and local governments are consulted in the design, and participate in the implementation and evaluation of, activities of the Plan that affect such communities, organizations, and governments; ######
(v)countering the activities of criminal gangs, drug traffickers, and organized crime; ######
(vi)investigating and prosecuting in the civilian justice system government personnel, including military and police personnel, who are credibly alleged to have violated human rights, and ensuring that such personnel are cooperating in such cases; ######
(vii)cooperating with commissions against corruption and impunity and with regional human rights entities; ######
(viii)supporting programs to reduce poverty, expand education and vocational training for at-risk youth, create jobs, and promote equitable economic growth, particularly in areas contributing to large numbers of migrants; ######
(ix)implementing a plan that includes goals, benchmarks, and timelines to create a professional, accountable civilian police force and end the role of the military in internal policing, and make such plan available to the Department of State; ######
(x)protecting the right of political opposition parties, journalists, trade unionists, human rights defenders, and other civil society activists to operate without interference; ######
(xi)increasing government revenues, including by implementing tax reforms and strengthening customs agencies; and ######
(xii)resolving commercial disputes, including the confiscation of real property, between United States entities and such government. ####
(4)Determinations and impact on assistance #####
(A)Insufficient progress The Secretary of State shall periodically review the progress of each of the central governments of El Salvador, Guatemala, and Honduras in meeting the requirements of paragraphs (3)(A) and (3)(B): * Provided*, That if the Secretary determines and reports to the appropriate congressional committees that sufficient progress has not been made by such government in meeting such requirements, the Secretary shall suspend, in whole or in part, assistance for such government for programs supporting such requirement, and shall notify the appropriate congressional committees in writing of such action: * Provided further*, That the Secretary may resume such assistance if the Secretary determines and reports to such committees that corrective measures have been taken by such government. #####
(B)Extraordinary progress The Secretary of State may, notwithstanding section 7019 of this Act, increase assistance for El Salvador, Guatemala, or Honduras if the Secretary determines and reports to the appropriate congressional committees that the central government of such country has made extraordinary progress in meeting the requirements of paragraphs (3)(A) and (3)(B): * Provided*, That such increase shall be provided in the amounts designated as Award for Extraordinary Progress in the table under this section in the explanatory statement described in section 4 (in the matter preceding division A of this consolidated Act): * Provided further*, That such determination may be made for not more than one country and following the submission of the reports for such country submitted pursuant to paragraphs (3)(A) and (3)(B). #####
(C)Change in national government Not later than 90 days following a change of national government in El Salvador, Guatemala, or Honduras, the Secretary of State shall determine whether or not such government is meeting the requirements of paragraphs (3)(A) and (3)(B) and submit a report to the appropriate congressional committees detailing the reasons for such determination: * Provided*, That if the Secretary determines that such government is not meeting such requirements, then the Secretary shall suspend, in whole or in part, assistance for such central government until such time as such determination and report can be made. #####
(D)Reprogramming ######
(i)Assistance suspended pursuant to subparagraphs
(A)or
(C)may be reprogrammed if the Secretary of State determines that corrective measures have not been taken. ######
(ii)If the Secretary is unable to make a determination pursuant to subparagraph
(B)within 180 days after enactment of this Act, amounts designated under such subparagraph may be reprogrammed. ######
(iii)Any reprogramming made pursuant to clauses
(i)or
(ii)shall only be made available for assistance for other countries in Latin America and the Caribbean and shall be subject to the regular notification procedures of the Committees on Appropriations. ####
(5)Consultation The Secretary of State shall consult with the Committees on Appropriations not less than 14 days prior to submitting any certification made pursuant to subsection (a)(3) and any suspension or reprogramming made pursuant to subsection (a)(4). ####
(6)Limitation None of the funds made available by this subsection for assistance for countries in Central America may be made available for direct government-to-government assistance or for major infrastructure projects. ###
(b)Colombia ####
(1)Assistance Of the funds appropriated by this Act under titles III and IV, not less than $391,253,000 shall be made available for assistance for Colombia, including to support the efforts of the Government of Colombia to— #####
(A)conduct a unified campaign against narcotics trafficking, organizations designated as foreign terrorist organizations pursuant to section 219 of the Immigration and Nationality Act (8 U.S.C. 1189), and other criminal or illegal armed groups: * Provided*, That aircraft supported by funds made available by this Act and prior Acts making appropriations for the Department of State, foreign operations, and related programs 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; #####
(B)enhance security and stability in Colombia and the region; #####
(C)strengthen and expand governance, the rule of law, and access to justice throughout Colombia; #####
(D)promote economic and social development, including by improving access to areas impacted by conflict through demining programs; and #####
(E)implement a peace agreement between the Government of Colombia and illegal armed groups, in accordance with constitutional and legal requirements in Colombia: * Provided*, That such funds shall be subject to prior consultation with, and the regular notification procedures of, the Committees on Appropriations. ####
(2)Limitation 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. ####
(3)Pre-obligation requirements Prior to the initial obligation of funds made available pursuant to paragraph (1), the Secretary of State, in consultation with the USAID Administrator, shall submit to the Committees on Appropriations an updated multi-year spend plan as described under this subsection in the explanatory statement described in section 4 (in the matter preceding division A of this consolidated Act). ####
(4)Apportionment and transfer Funds made available by this Act under the heading “Economic Support Fund” for assistance for Colombia shall be apportioned directly to USAID, except that not less than $7,000,000 of such funds shall be transferred to, and merged with, funds appropriated by this Act under the heading “Migration and Refugee Assistance” for assistance for Colombian refugees in neighboring countries. ####
(5)Counternarcotics Of the funds made available by this Act under the headings “Economic Support Fund” and “International Narcotics Control and Law Enforcement” for counternarcotics assistance for Colombia, 25 percent may be obligated only after the Secretary of State certifies and reports to the Committees on Appropriations that the Government of Colombia has reduced overall illicit drug cultivation, production, and trafficking. ####
(6)Human rights Of the funds made available by this Act under the heading “Foreign Military Financing Program” for assistance for Colombia, 20 percent may be obligated only in accordance with the conditions set forth under section 7045 in Senate Report 115-152. ####
(7)Exceptions The limitations of paragraphs
(5)and
(6)shall not apply to funds made available for aviation instruction and maintenance, and maritime and riverine security programs. ###
(c)Haiti ####
(1)Certification Funds appropriated by this Act under the headings “Development Assistance” and “Economic Support Fund” that are made available for assistance for Haiti may not be made available for assistance for the central Government of Haiti unless the Secretary of State certifies and reports to the Committees on Appropriations that such government is taking effective steps, which are in addition to steps taken since the certification and report submitted during the prior year, if applicable, to— #####
(A)strengthen the rule of law in Haiti, including by— ######
(i)selecting judges in a transparent manner based on merit; ######
(ii)reducing pre-trial detention; ######
(iii)respecting the independence of the judiciary; and ######
(iv)improving governance by implementing reforms to increase transparency and accountability, including through the penal and criminal codes; #####
(B)combat corruption, including by implementing the anti-corruption law enacted in 2014 and prosecuting corrupt officials; #####
(C)increase government revenues, including by implementing tax reforms, and increasing expenditures on public services; and #####
(D)resolve commercial disputes between United States entities and the Government of Haiti. ####
(2)Haitian coast guard 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. ###
(d)Venezuela Of the funds appropriated by this Act under the heading “Economic Support Fund”, not less than $15,000,000 shall be made available for programs to promote democracy and the rule of law in Venezuela.
Connectionstraces to 2
Citation graph
cites case law
Cites 2Cited by 0 across 0 sources