Sec. 7045. latin america and the caribbean
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## SEC. 7045 latin america and the caribbean ###
(a)Central America ####
(1)Assistance Funds appropriated by this Act under titles III and IV shall be made available for assistance for Belize, Costa Rica, El Salvador, Guatemala, Honduras, Nicaragua, and Panama, including through the Central America Regional Security Initiative: * Provided*, That such assistance shall be prioritized for programs that address the violence, poverty, corruption, and other factors that contribute to irregular migration, particularly of unaccompanied minors, to the United States, including for programs to reduce violence against women and girls, protect the rights of Indigenous people, support civil society and other independent institutions, enhance economic opportunity, combat corruption and impunity, and dismantle illegal armed groups and drug trafficking organizations. #####
(A)Of the funds made available pursuant to paragraph (1)— ######
(i)Not less than $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; and ######
(ii)Not less than $70,000,000 shall be made available for programs to reduce violence against women and girls: * Provided*, That of such funds, up to $15,000,000 shall be made available to support bilateral compacts with the governments of such countries for the specific purpose of strengthening their capacity to protect women and children from domestic violence, sexual assault, trafficking, and child abuse or neglect, including by holding perpetrators accountable. #####
(B)Within the funds made available pursuant to paragraph
(1)and made available for assistance for El Salvador, Guatemala, and Honduras, not less than $100,000,000 should be made available for programs that support locally-led development in such countries: * Provided*, 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: * Provided further*, That the USAID Administrator shall consult with the Committees on Appropriations on the planned uses of funds to carry out this subparagraph prior to the initial obligation of funds: * Provided further*, That such funds shall be subject to the regular notification procedures of the Committees on Appropriations. #####
(C)Funds made available pursuant to paragraph
(1)shall be made available for a program in El Salvador, Guatemala, and Honduras which shall be referred to as the Central America Youth Empowerment Program (CAYEP) and shall be implemented in accordance with the guidelines under this section in the explanatory statement described in section 4 (in the matter preceding division A of this consolidated Act): * Provided*, That the goal of the CAYEP shall be to create measurable reductions in migration from targeted communities in such countries by recruiting young people to engage in COVID-19 response, hurricane preparedness and recovery, and other community projects, while having secondary impacts by channeling additional income into local economies and providing needed skills training for future employment in local businesses: * Provided further*, That funds made available to support the CAYEP should be matched with contributions from private donors and local governments: * Provided further*, That the spend plan required by section 7062(b)(1)(A) of this Act for countries in Central America shall include specific amounts planned for the CAYEP: * Provided further*, That not later than 90 days after enactment of this Act, the USAID Administrator shall consult with the Committees on Appropriations on the requirements of this subparagraph. #####
(D)Of the funds made available pursuant to paragraph (1), not more than the amount specified in section 7045(a)(1) of the Department of State, Foreign Operations, and Related Programs Appropriations Act, 2021 (division K of Public Law 116-260) may be obligated until the Secretary of State or the USAID Administrator, as appropriate, submits to the Committees on Appropriations the spend plan required by section 7062(b)(1)(A) of this Act: * Provided*, That not less than 15 days prior to the submission of such plan the Secretary or USAID Administrator, as appropriate, shall consult with the Committees on Appropriations concerning such plan. ####
(2)Limitation on assistance to certain central governments #####
(A)Of the funds made available pursuant to paragraph
(1)under the heading “Economic Support Fund” and under title IV of this Act that are made available for assistance for each of the central governments of El Salvador, Guatemala, and Honduras, 60 percent may only be obligated after the Secretary of State certifies and reports to the Committees on Appropriations that such government is— ######
(i)combating corruption and impunity, including investigating and prosecuting government officials, military personnel, and police officers credibly alleged to be corrupt; ######
(ii)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; ######
(iii)protecting the rights of human rights defenders, trade unionists, journalists, civil society groups, opposition political parties, and the independence of the media; ######
(iv)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; ######
(v)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; ######
(vi)improving border security and combating human smuggling and trafficking and countering the activities of criminal gangs, drug traffickers, and transnational criminal organizations; ######
(vii)informing its citizens of the dangers of the journey to the southwest border of the United States; and ######
(viii)implementing policies that improve the environment for foreign investment, 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. #####
(B)Reprogramming If the Secretary is unable to make the certification required by subparagraph
(A)for one or more of the central governments, such assistance shall be reprogrammed for assistance for civil society organizations in such country, or for other countries in Latin America and the Caribbean, notwithstanding the funding provisions in this subsection and the limitations in section 7019 of this Act: * Provided*, That any such reprogramming shall be subject to the regular notification procedures of the Committees on Appropriations. #####
(C)Exceptions The limitation of subparagraph
(A)shall not apply to funds appropriated by this Act that are made available for— ######
(i)judicial entities and activities related to combating corruption and impunity; ######
(ii)programs to combat gender-based violence; ######
(iii)programs to promote and protect human rights, including those of Indigenous communities and Afro-descendants; ######
(iv)humanitarian assistance; and ######
(v)food security programs. #####
(D)Foreign military financing program 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. ###
(b)Colombia ####
(1)Assistance Of the funds appropriated by this Act under titles III and IV, not less than $471,375,000 should be made available for assistance for Colombia: * Provided*, That such funds shall be made available for the programs and activities described under this section in House Report 117-84: * Provided further*, That of the funds appropriated by this Act under the heading “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: * Provided further*, That funds made available pursuant to the preceding proviso shall be prioritized in such municipalities that are also targeted for assistance programs that provide viable economic alternatives and improve access to public services. ####
(2)Withholding of funds #####
(A)Counternarcotics 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— ######
(i)the Government of Colombia is implementing an effective whole-of-government strategy to substantially and sustainably reduce coca cultivation and cocaine production levels in Colombia, including by prioritizing funding to enhance rural security in coca producing municipalities; ######
(ii)such strategy is in accordance with the 2016 peace accord between the Government of Colombia and the Revolutionary Armed Forces of Colombia; and ######
(iii)the Government of Colombia is taking effective steps to dismantle drug trafficking networks and to assist farmers in eradicating and sustainably replacing coca. #####
(B)Human rights ######
(i)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— ######
(I)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; ######
(II)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; ######
(III)the Government of Colombia is making consistent progress in protecting Afro-Colombian and Indigenous communities and is respecting their rights and territories; and ######
(IV)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. ######
(ii)Of the funds appropriated by this Act under the heading “International Narcotics Control and Law Enforcement” and made available for assistance for the Colombian National Police, five percent may be obligated only if the Secretary of State certifies and reports to the Committees on Appropriations that the Government of Colombia is bringing to justice the police personnel who ordered, directed, and used excessive force and engaged in other illegal acts against protesters in 2020 and 2021. ####
(3)Exceptions The limitations of paragraph
(2)shall not apply to funds made available for aviation instruction and maintenance, and maritime and riverine security programs. ####
(4)Authority 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. ####
(5)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. ###
(c)Haiti ####
(1)Certification 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 that a new President and Parliament have taken office after free and fair elections, or the country is being led by a transitional governing authority that is broadly representative of Haitian society, and it is in the national interest of the United States to provide such assistance. ####
(2)Exceptions Notwithstanding paragraph (1), funds may be made available to support— #####
(A)free and fair elections; #####
(B)anti-gang police and administration of justice programs, including to reduce pre-trial detention and eliminate inhumane prison conditions; #####
(C)public health, food security, water and sanitation, education, and other programs to meet basic human needs; and #####
(D)disaster relief and recovery. ####
(3)Notification Funds appropriated by this Act that are made available for assistance for Haiti shall be subject to prior consultation with, and the regular notification procedures of, the Committees on Appropriations. ####
(4)Prohibition None of the funds appropriated or otherwise made available by this Act may be used for assistance for the armed forces of Haiti. ####
(5)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)Nicaragua Of the funds appropriated by this Act under the heading “Development Assistance”, not less than $15,000,000 shall be made available for democracy programs for Nicaragua, including to support civil society. ###
(e)The Caribbean Of the funds appropriated by this Act under titles III and IV, not less than $80,000,000 shall be made available for the Caribbean Basin Security Initiative. ###
(f)Venezuela ####
(1)Of the funds appropriated by this Act under the heading “Economic Support Fund”, not less than $40,000,000 shall be made available for democracy programs for Venezuela. ####
(2)Funds appropriated under title III of this Act and prior Acts making appropriations for the Department of State, foreign operations, and related programs shall be made available for assistance for communities in countries supporting or otherwise impacted by refugees from Venezuela, including Colombia, Peru, Ecuador, Curacao, and Trinidad and Tobago: * Provided*, That such amounts are in addition to funds otherwise made available for assistance for such countries, subject to prior consultation with, and the regular notification procedures of, the Committees on Appropriations.
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