Sec. 7045. latin america and the caribbean
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## SEC. 7045 latin america and the caribbean ###
(a)Assistance for Latin America and the Caribbean 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). ###
(b)Central America ####
(1)Assistance 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), of which— #####
(A)$61,500,000 should be made available to support entities and activities to combat corruption and impunity in such countries, including, as appropriate, offices of Attorneys General; #####
(B)$70,000,000 should be made available for programs to reduce violence against women and girls, including for Indigenous women and girls; #####
(C)funds should be made available for assistance for El Salvador, Guatemala, and Honduras 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; and #####
(D)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). ####
(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, 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— ######
(i)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; ######
(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 programs to reduce violence against women and girls; ######
(vi)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; ######
(vii)cooperating with the United States to counter drug trafficking, human trafficking and smuggling, and other transnational crime; ######
(viii)cooperating with the United States and other governments in the region to facilitate the return, repatriation, and reintegration of migrants; ######
(ix)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 ######
(x)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. #####
(B)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 to combat 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, and to investigate human rights abuses; ######
(iv)support for women’s economic empowerment; ######
(v)humanitarian assistance; and ######
(vi)food security programs. #####
(C)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, except for programs that support humanitarian assistance and disaster response. ###
(c)Colombia ####
(1)Pre-obligation reports 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). ####
(2)Assistance #####
(A)Funds appropriated by this Act under titles III and IV shall 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 the explanatory statement described in section 4 (in the matter preceding division A of this consolidated Act). #####
(B)Of the funds appropriated by this Act under the heading “International Narcotics Control and Law Enforcement” and made available for assistance pursuant to this subsection, 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,* 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. ####
(3)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 in the previous 12 months the Government of Colombia has— ######
(i)reduced overall coca cultivation, production, and drug trafficking; ######
(ii)continued cooperating with the United States on joint counternarcotics strategies; and ######
(iii)maintained extradition cooperation with the United States. #####
(B)Human rights 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; ######
(iv)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 ######
(v)the Colombian Armed Forces are cooperating fully with the requirements described in clauses
(i)through (iv). ####
(4)Exceptions The limitations of paragraph
(3)shall not apply to funds made available for aviation instruction and maintenance, and maritime and riverine security programs. ####
(5)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. ####
(6)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, compensation to demobilized combatants, or cash subsidies for agrarian reforms associated with the implementation of the 2016 peace agreement between the Government of Colombia and illegal armed groups. ###
(d)Cuba Democracy Programs Funds appropriated by this Act under the heading “Economic Support Fund” and made available for democracy programs in Cuba may not be made available 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. ###
(e)Cuban Doctors ####
(1)Report 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: * Provided,* That such report shall be submitted in unclassified form but may include a classified annex. ####
(2)Designation 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. ###
(f)Facilitating Irresponsible Migration None of the funds appropriated or otherwise made available by this Act may be used to encourage, mobilize, publicize, or manage mass-migration caravans towards the United States southwest border: * Provided,* 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 further*, That the prohibition contained in this subsection shall not be construed to preclude the provision of humanitarian assistance. ###
(g)Haiti ####
(1)Assistance Funds appropriated by this Act under titles III and IV shall be made available for assistance for Haiti to support the basic needs of the Haitian people. ####
(2)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 by January 1, 2025 that elections have been scheduled or held in Haiti and it is in the national interest of the United States to provide such assistance. ####
(3)Exceptions Notwithstanding paragraph (2), funds may be made available to support— #####
(A)democracy programs; #####
(B)police, anti-gang, and administration of justice programs, including to reduce pre-trial detention and eliminate inhumane prison conditions; #####
(C)public health, food security, subsistence farmers, water and sanitation, education, and other programs to meet basic human needs; and #####
(D)disaster relief and recovery. ####
(4)Consultation Funds appropriated by this Act and prior Acts making appropriations for the Department of State, foreign operations, and related programs that are made available for any new program, project, or activity in Haiti shall be subject to prior consultation with the Committees on Appropriations: * Provided*, That the requirement of this paragraph shall also apply to any funds from such Acts that are made available for support for an international security force in Haiti. ####
(5)Prohibition None of the funds appropriated or otherwise made available by this Act may be used for assistance for the armed forces of Haiti. ####
(6)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. ####
(7)Modification Section 7045(c)(3) of the Department of State, Foreign Operations, and Related Programs Appropriations Act, 2023 (division K of Public Law 117-328) is amended by striking “paragraph (1)” and inserting “paragraph (2)”. ###
(h)Mexico Of the funds appropriated under title IV in 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— ####
(1)reduce the amount of fentanyl arriving at the United States-Mexico border; ####
(2)dismantle and hold accountable transnational criminal organizations; ####
(3)support joint counternarcotics operations and intelligence sharing with United States counterparts; and ####
(4)respect extradition requests for criminals sought by the United States. ###
(i)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 and religious freedom programs for Nicaragua. ###
(j)Organization of American States ####
(1)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: #####
(A)implement budgetary reforms and efficiencies within the Organization; #####
(B)eliminate arrears, increase other donor contributions, and impose penalties for successive late payment of assessments; #####
(C)prevent programmatic and organizational redundancies and consolidate duplicative activities and functions; #####
(D)prioritize areas in which the OAS has expertise, such as strengthening democracy, monitoring electoral processes, and protecting human rights; and #####
(E)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. ####
(2)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. ###
(k)The Caribbean 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. ###
(l)Venezuela ####
(1)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. ####
(2)Of the funds made available pursuant to paragraph
(1)that are allocated for electoral-related activities, 50 percent may only be obligated after the Secretary of State determines and reports to the appropriate congressional committees that elections related to such activities— #####
(A)allow for the diaspora from Venezuela to participate; #####
(B)are open for credible, unobstructed international observation; and #####
(C)allow for opposition candidates selected through credible and democratic processes to participate. ####
(3)Funds shall be made available for assistance for communities in countries supporting or otherwise impacted by migrants from Venezuela: * Provided,* That such amounts are in addition to funds otherwise made available for assistance for such countries and are subject to the regular notification procedures of the Committees on Appropriations.
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Sec. 7045
latin america and the caribbean
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