S.Amdt. 2855

SA 2855. Mr. MENENDEZ submitted an amendment intended to be proposed
to amendment SA 2282 proposed by Mr. Inhofe (for himself and Mr.
McCain) to the bill H.R. 5515, to authorize appropriations for fiscal
year 2019 for military activities of the Department of Defense, for
military construction, and for defense activities of the Department of
Energy, to prescribe military personnel strengths for such fiscal year,
and for other purposes; which was ordered to lie on the table; as
follows:

At the end of subtitle G of title XII, add the following:

SEC. __. AUTHORIZATION OF UNITED STATES STRATEGY FOR
ENGAGEMENT IN CENTRAL AMERICA.

(a) Findings.--Congress makes the following findings:
(1) In 2016, the countries of the Northern Triangle region
of Central America, which are El Salvador, Honduras, and
Guatemala, reported homicide rates of 60, 43, and 26 per
100,000 residents, respectively, making the region one of the
most dangerous regions in the world.
(2) The impunity rates for homicides in the Northern
Triangle region are as high as 96 percent in Honduras, 95
percent in El Salvador, and 87 percent in Guatemala.
(3) Guatemala, Honduras, and El Salvador respectively
ranked 143rd, 135th, and 112th, respectively, of 180
countries in Transparency International's 2017 Corruption
Perception Index.
(4) The high levels of violence and corruption and weak
adherence to the rule of law in the Northern Triangle
region--
(A) contributes to instability in the region; and
(B) directly affects the United States, as demonstrated by
the 2014 migration crisis in which a surge of unaccompanied
minors arrived at the southwest border of the United States
and requested humanitarian protection due to the dire
conditions in their countries.
(b) United States Strategy for Engagement in Central
America.--
(1) In general.--The Secretary of State, in coordination
with the Administrator of the United States Agency for
International Development and in consultation with the head
of each relevant Federal agency, shall carry out an
initiative in the countries described in paragraph (2), to be
known as the United States Strategy for Engagement in Central
America.
(2) Countries.--The countries described in this paragraph
are the following:
(A) Belize.
(B) Costa Rica.
(C) El Salvador.
(D) Guatemala.
(E) Honduras.
(F) Panama.
(3) Priority.--The United States Strategy for Engagement in
Central America shall prioritize activities in the Northern
Triangle region of Central America, which consists of--

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(A) El Salvador;
(B) Guatemala; and
(C) Honduras.
(4) Objectives.--With respect to the countries described in
paragraph (2), the objectives of the United States Strategy
for Engagement in Central America shall be the following:
(A) To strengthen the rule of law and bolster the
effectiveness of judicial systems, offices of public
prosecutors, and civilian police forces.
(B) To combat corruption and improve public sector
transparency.
(C) To confront and counter the violence and crime
perpetrated by armed criminal gangs, illicit trafficking
organizations, and organized crime.
(D) To disrupt money laundering operations and the illicit
financial networks of armed criminal gangs, illicit
trafficking organizations, and human smugglers.
(E) To strengthen democratic governance and promote greater
respect for internationally recognized human rights, labor
rights, fundamental freedoms, and the media.
(F) To enhance the capability of the governments of
countries of Central America to protect and provide for
vulnerable and at-risk populations.
(G) To address the underlying causes of poverty and
inequality.
(H) To address the constraints to inclusive economic
growth.
(5) Activities.--In implementing the United States Strategy
for Engagement in Central America, the Secretary of State may
carry out activities in the countries described in paragraph
(2)--
(A) to strengthen the rule of law by providing support
for--
(i) the Office of the Attorney General and public
prosecutors in each such country, including the enhancement
of the forensics and communications interception
capabilities;
(ii) reforms leading to independent, merit-based, selection
processes for judges and prosecutors, and relevant ethics and
professional training;
(iii) the improvement of victim and witness protection; and
(iv) the reform and improvement of prison facilities and
management;
(B) to combat corruption by providing support for--
(i) inspectors general and oversight institutions,
including relevant training for inspectors and auditors;
(ii) international commissions against impunity, including
the International Commission Against Impunity in Guatemala
(CICIG) and the Support Mission Against Corruption and
Impunity in Honduras (MACCIH);
(iii) civil society watchdogs that conduct oversight of
executive branch officials and functions, police and security
forces, and judicial officials and public prosecutors; and
(iv) the enhancement of freedom of information mechanisms;
(C) to consolidate democratic governance by providing
support for--
(i) the reform of civil services, related training
programs, and relevant career laws and processes that lead to
independent, merit-based selection processes;
(ii) national legislatures and their capacity to conduct
oversight of executive branch functions;
(iii) the reform of political party and campaign finance
laws;
(iv) local governments and their capacity to provide
critical safety, education, health, and sanitation services
to citizens;
(v) to defend human rights by providing support for--
(vi) human rights ombudsman offices;
(vii) government protection programs that provide physical
protection to human rights defenders, journalists, trade
unionists, and civil society activists at risk;
(viii) civil society organizations that promote and defend
human rights, freedom of expression, freedom of the press,
labor rights, and LGBT rights; and
(ix) civil society organizations that address sexual,
domestic, and inter-partner violence against women and
protect victims of such violence;
(D) to professionalize civilian police forces by providing
support for--
(i) the reform of personnel vetting and dismissal
processes, including the enhancement of polygraph capability
for use in such processes;
(ii) inspectors general and oversight offices, including
relevant training for inspectors and auditors;
(iii) community policing policies and programs;
(iv) the establishment of special vetted units;
(v) training on the appropriate use of force and human
rights;
(vi) training on civilian intelligence collection,
investigative techniques, forensic analysis, and evidence
preservation; and
(vii) equipment, such as nonintrusive inspection equipment
and communications interception technology;
(E) to counter illicit trafficking by providing assistance
to the civilian law enforcement and the armed forces of
countries of Central America, including support for--
(i) the establishment of special vetted units;
(ii) the enhancement of intelligence collection capacity;
(iii) the reform of personnel vetting and dismissal
processes, including the enhancement of polygraph capability
for use in such processes; and
(iv) port, airport, and border security equipment,
including--

(I) computer infrastructure and data management systems;
(II) secure communications technologies;
(III) communications interception technology;
(IV) nonintrusive inspection equipment; and
(V) radar and aerial surveillance equipment;

(F) to disrupt illicit financial networks by providing
support for--
(i) finance ministries, including the enhancement of the
capacity to use financial sanctions to block the assets of
individuals and organizations involved in money laundering
and the financing of armed criminal gangs, illicit
trafficking networks, human smugglers, and organized crime;
(ii) financial intelligence units, including the
establishment and enhancement of anti-money laundering
programs; and
(iii) the reform of bank secrecy laws; and
(G) to improve crime prevention by providing support for--
(i) programs that address domestic violence and violence
against women;
(ii) the enhancement of programs for at-risk and criminal-
involved youth, including the improvement of community
centers; and
(iii) alternative livelihood programs;
(H) to strengthen human capital by providing support for--
(i) workforce development and entrepreneurship training
programs that are driven by market demand, specifically
programs that prioritize women, at-risk youth, and
minorities;
(ii) improving early-grade literacy and the improvement of
primary and secondary school curricula;
(iii) relevant professional training for teachers and
educational administrators; and
(iv) educational policy reform and improvement of education
sector budgeting;
(I) to enhance economic competitiveness and investment
climate by providing support for--
(i) small business development centers and programs that
strengthen supply chain integration;
(ii) trade facilitation and customs harmonization programs;
(iii) reduction of energy costs through investments in
clean technologies and the reform of energy policies and
regulations;
(iv) the improvement of protections for investors,
including dispute resolution and arbitration mechanisms; and
(v) the improvement of labor and environmental standards,
in accordance with the Dominican Republic-Central America
Free Trade Agreement (CAFTA-DR);
(J) to strengthen food security by providing support for--
(i) small-scale agriculture, including technical training
and programs that facilitate access to credit;
(ii) agricultural value chain development for farming
communities;
(iii) nutrition programs to reduce childhood stunting
rates; and
(iv) investment in scientific research on climate change
and climate resiliency; and
(K) to improve the state of fiscal and financial affairs by
providing support for--
(i) domestic revenue generation, including programs to
improve tax administration, collection, and enforcement;
(ii) strengthening public sector financial management,
including strategic budgeting and expenditure tracking; and
(iii) reform of customs and procurement policies and
processes.
(6) Sense of congress.--It is the sense of Congress that--
(A) operational technology transferred to the governments
of the countries described in paragraph (2) for intelligence
or law enforcement purposes should be used solely for the
purposes for which the technology was intended; and
(B) the United States should take all necessary steps to
ensure that the use of operation technology described in
subparagraph (A) is consistent with United States law,
including protections of freedom of expression, freedom of
movement, and freedom of association.
(c) Strategy.--
(1) Submittal of strategy.--Not later than 180 days after
the date of the enactment of this Act, the Secretary of
State, in coordination with the Administrator of the United
States Agency for International Development and in
consultation with the heads of the relevant Federal agencies,
shall submit to the appropriate committees of Congress a
multiyear strategy to implement the United States Strategy
for Engagement in Central America under subsection (b).
(2) Reports.--Not later than one year after the date of the
enactment of this Act, and every year thereafter until the
date described in subsection (f), the Secretary of State
shall submit to the appropriate committees of Congress a
report that evaluates the implementation of such
international strategy with a focus on United States efforts
in Central America--
(A) to strengthen the capacity and independence of justice
systems;
(B) to combat corruption;
(C) to improve government transparency;
(D) to strengthen cooperation between Central American
governments and anti-impunity commissions;
(E) to strengthen civilian police forces;
(F) to limit the role of the military in public security;
(G) to tackle violence and organized crime;

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(H) to protect human rights; and
(I) to consult civil society and local communities.
(d) Conditions on Assistance Funding.--
(1) In general.--Subject to paragraph (2), the Secretary of
State may obligate not more than 25 percent of the amounts
appropriated pursuant to subsection (e) to carry out the
United States Strategy for Engagement in Central America.
(2) Notification and cooperation.--In addition to the
amounts authorized to be obligated under paragraph (1), the
Secretary of State may obligate an additional 25 percent of
the amounts appropriated pursuant subsection (e) for
assistance to the Government of El Salvador, the Government
of Guatemala, and the Government of Honduras after the date
on which the Secretary of State, in consultation with the
Secretary of Homeland Security, submits to the appropriate
committees of Congress a certification that such governments
are taking effective steps, in addition to steps taken during
previous years--
(A) to combat human smuggling and trafficking, including
investigating, prosecuting, and increasing penalties for
individuals responsible for such crimes;
(B) to improve border security and border screening to
detect and deter illicit smuggling and trafficking, while
respecting the rights of individuals fleeing violence and
seeking humanitarian protection asylum, in accordance with
international law;
(C) to cooperate with United States Government agencies and
other governments in the region to facilitate the safe and
timely repatriation of migrants who do not qualify for
refugee or other protected status, in accordance with
international law;
(D) to improve reintegration services for repatriated
migrants in a manner that ensures the safety and well-being
of the individual and reduces the likelihood of remigration;
and
(E) to cooperate with the United Nations High Commissioner
for Refugees to improve protections for, and the processing
of, vulnerable populations, particularly women and children
fleeing violence.
(3) Effective implementation.--In addition to the amounts
authorized to be obligated under paragraphs (1) and (2), the
Secretary of State may obligate an additional 50 percent of
the amounts appropriated pursuant subsection (e) for
assistance to the Government of El Salvador, the Government
of Guatemala, and the Government of Honduras after the date
on which the Secretary submits to the appropriate committees
of Congress a certification that such governments are taking
effective steps in the respective countries, in addition to
steps taken during the previous calendar year--
(A) to establish an autonomous, publicly accountable entity
to provide oversight of the international development
initiatives;
(B) to combat corruption, including investigating and
prosecuting government officials, military personnel, and
civil police officers credibly alleged to be corrupt;
(C) to implement reforms and strengthen the rule of law,
including increasing the capacity and independence of the
judiciary and public prosecutors;
(D) to counter the activities of armed criminal gangs,
illicit trafficking networks, and organized crime;
(E) to establish and implement a plan to create a
professional, accountable civilian police force and curtail
the role of the military in internal policing;
(F) to investigate and prosecute, through the civilian
justice system, military and police personnel who are
credibly alleged to have violated human rights, and to ensure
that the military and the police are cooperating in such
cases;
(G) to cooperate with international commissions against
impunity, as appropriate, and with regional human rights
entities;
(H) to implement reforms related to strengthening electoral
system and improving the transparency of financing political
campaigns and political parties;
(I) to protect the right of political opposition parties,
journalists, trade unionists, human rights defenders, and
other civil society activists to operate without
interference;
(J) to increase government revenues, including by enhancing
tax collection, strengthening customs agencies, and reforming
procurement processes;
(K) to implement reforms to strengthen educational systems,
vocational training programs, and programs for at-risk youth;
(L) to resolve commercial disputes, including the
confiscation of real property, between United States entities
and the respective governments; and
(M) to implement a policy by which local communities, civil
society organizations (including indigenous and marginalized
groups), and local governments are consulted in the design,
implementation and evaluation of the activities of the
international development initiatives that affect such
communities, organizations, or governments.
(e) Authorization of Appropriations.--There are authorized
to be appropriated such sums as are necessary to carry this
section, to remain available for obligation until the end of
the 5-year period beginning on the date of the enactment of
this Act.
(f) Termination.--The United States Strategy on Engagement
in Central America under subsection (b) shall terminate on
December 31, 2023.
(g) Appropriate Committees of Congress Defined.--In this
section, the term ``appropriate committees of Congress''
means--
(1) the Committee on Foreign Relations and the Committee on
Appropriations of the Senate; and
(2) the Committee on Foreign Affairs and the Committee on
Appropriations of the House of Representatives.
______