western hemisphere

western hemisphereSec. 7045. (a) Free Trade Agreements.—Of the funds appropriated by this Act not less than $10,000,000 from “Development Assistance” and not less than $10,000,000 from “Economic Support Fund” shall be made available for labor and environmental capacity building activities relating to the free trade agreements with countries of Central America, Peru and the Dominican Republic.(b) Haiti.—(1) 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.(2) Of the funds appropriated by this Act under titles III and IV, not less than $251,126,000 shall be made available for assistance for Haiti.(3) None of the funds made available by this Act under the heading “International Narcotics Control and Law Enforcement” may be used to transfer excess weapons, ammunition or other lethal property of an agency of the United States Government to the Government of Haiti for use by the Haitian National Police until the Secretary of State reports to the Committees on Appropriations that any members of the Haitian National Police who have been credibly alleged to have committed serious crimes, including drug trafficking and violations of internationally recognized human rights, have been suspended.(c) Dominican Republic.—Of the funds appropriated by this Act that are available for assistance for the Dominican Republic, not less than $5,000,000 shall be made available for basic health care, nutrition, sanitation, education, and shelter for migrant workers and other residents of batey communities.(d) Assistance for Guatemala.—(1) Funds appropriated by this Act under the heading “International Military Education and Training” (IMET) that are available for assistance for Guatemala, other than for expanded IMET, may be made available only for the Guatemalan Air Force, Navy and Army Corps of Engineers: Provided, That assistance for the Army Corps of Engineers shall only be available for training to improve disaster response capabilities and to participate in international peacekeeping operations: Provided further, That such funds may be made available only if the Secretary of State certifies that the Air Force, Navy and Army Corps of Engineers are respecting internationally recognized human rights and cooperating with civilian judicial investigations and prosecutions of current and retired military personnel who have been credibly alleged to have committed violations of such rights, and with the International Commission Against Impunity in Guatemala (CICIG) by granting access to CICIG personnel, providing evidence to CICIG, and allowing witness testimony.(2) Of the funds appropriated by this Act under the heading “Foreign Military Financing Program”, not more than $500,000 may be made available for the Guatemalan Air Force, Navy and Army Corps of Engineers: Provided, That assistance for the Army Corps of Engineers shall only be available for training to improve disaster response capabilities and to participate in international peacekeeping operations: Provided further, 123 STAT. 886 That such funds may be made available only if the Secretary of State certifies that the Air Force, Navy and Army Corps of Engineers are respecting internationally recognized human rights and cooperating with civilian judicial investigations and prosecutions of current and retired military personnel who have been credibly alleged to have committed violations of such rights, including protecting and providing to the Attorney General’s office all military archives pertaining to the internal armed conflict, and cooperating with the CICIG by granting access to CICIG personnel, providing evidence to CICIG, and allowing witness testimony.(e) Assistance for Mexico.—Of the funds appropriated under the headings “International Narcotics Control and Law Enforcement”, “Foreign Military Financing Program”, and “Economic Support Fund” in this Act, not more than $300,000,000 may be made available for assistance for Mexico, only to combat drug trafficking and related violence and organized crime, and for judicial reform, institution building, anti-corruption, and rule of law activities, of which not less than $75,000,000 shall be used for judicial reform, institution building, anti-corruption, and rule of law activities: Provided, That none of the funds made available under this section shall be made available for budget support or as cash payments.(1) Allocation of funds.—Fifteen percent of the funds made available under this section in this Act, for assistance for Mexico, not including assistance for judicial reform, institution building, anti-corruption, and rule of law activities, may not be obligated until the Secretary of State reports in writing to the Committees on Appropriations that the Government of Mexico is continuing to—(A) improve the transparency and accountability of Federal police forces and to work with State and municipal authorities to improve the transparency and accountability of State and municipal police forces through mechanisms including police complaints commissions with authority and independence to receive complaints and carry out effective investigations;(B) conduct regular consultations with Mexican human rights organizations and other relevant Mexican civil society organizations on recommendations for the implementation of the Merida Initiative in accordance with Mexican and international law;(C) ensure that civilian prosecutors and judicial authorities are investigating and prosecuting, in accordance with Mexican and international law, members of the Federal police and military forces who have been credibly alleged to have violated internationally recognized human rights, and the Federal police and military forces are fully cooperating with the investigations; and(D) enforce the prohibition, in accordance with Mexican and international law, on the use of testimony obtained through torture or other ill-treatment.(2) Report.—The report required in paragraph (1) shall include a description of actions taken with respect to each requirement.(3) Spending plan.—Not later than 45 days after the date of enactment of this Act, the Secretary of State shall submit to the Committees on Appropriations a detailed spending plan, 123 STAT. 887 developed after consulting with relevant Mexican Government authorities, for funds made available for Mexico under this section, with concrete goals, programs and activities to be funded, and anticipated results. (4) Analysis of alternatives.—Prior to the obligation of funds for the procurement or lease of aircraft, the Director of the Defense Security Cooperation Agency, in consultation with the Secretary of State, shall submit to the Committees on Appropriations an Analysis of Alternatives for the acquisition of all aircraft for the Merida Initiative.(f) Assistance for the Countries of Central America.—Of the funds appropriated under the headings “International Narcotics Control and Law Enforcement”, “Foreign Military Financing Program”, and “Economic Support Fund”, $105,000,000 may be made available for assistance for the countries of Central America only to combat drug trafficking and related violence and organized crime, and for judicial reform, institution building, anti-corruption, rule of law activities, and maritime security, of which not less than $35,000,000 shall be made available for judicial reform, institution building, anti-corruption, and rule of law activities: Provided, That of the funds appropriated under the heading “Economic Support Fund”, $12,000,000 shall be made available through the United States Agency for International Development for an Economic and Social Development Fund for Central America: Provided further, That none of the funds shall be made available for budget support or as cash payments.(1) Allocation of funds.—Fifteen percent of the funds made available by this Act for assistance for the countries of Central America under the headings “International Narcotics Control and Law Enforcement” and “Foreign Military Financing Program” may not be obligated until the Secretary of State reports in writing to the Committees on Appropriations that the government of such country is continuing to—(A) support police complaints commissions with authority and independence to receive complaints and carry out effective investigations;(B) implement reforms to improve the capacity and ensure the independence of the judiciary; and(C) investigate and prosecute members of the Federal police and military forces who have been credibly alleged to have committed violations of internationally recognized human rights.(2) Report.—The report required in paragraph (1) shall include a description of actions taken with respect to each requirement.(3) Spending plan.—Not later than 45 days after the date of the enactment of this Act, the Secretary of State shall submit to the Committees on Appropriations a detailed spending plan for funds appropriated or otherwise made available for the countries of Central America by this Act, with concrete goals, actions to be taken, budget proposals, and anticipated results.(4) Definition.—For the purposes of this section, the term “countries of Central America” means Belize, Costa Rica, El Salvador, Guatemala, Honduras, Nicaragua, and Panama.(g) Aircraft Operations and Maintenance.—To the maximum extent practicable, the costs of operations and maintenance, 123 STAT. 888 including fuel, of aircraft funded by this Act should be borne by the recipient country.