Sec. 7043.

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Funds appropriated by this Act under the heading Economic Support Fund for assistance for Burma may be made available notwithstanding any other provision of law, except for this subsection, and following consultation with the appropriate congressional committees. Funds appropriated under title III of this Act for assistance for Burma— shall be made available to strengthen civil society organizations in Burma and for programs to strengthen independent media; shall be made available for community-based organizations operating in Thailand to provide food, medical, and other humanitarian assistance to internally displaced persons in eastern Burma, in addition to assistance for Burmese refugees from funds appropriated by this Act under the heading Migration and Refugee Assistance ; shall be made available for programs to promote ethnic and religious tolerance, including in Rakhine and Kachin states; shall be made available to promote rural economic development in Burma, including through microfinance and sustainable power generation programs; shall be made available to increase opportunities for foreign direct investment by strengthening the rule of law, transparency, and accountability; may not be made available to any individual or organization if the Secretary of State has credible information that such individual or organization has committed a gross violation of human rights, including against Rohingya and other minority groups, or that advocates violence against ethnic or religious groups or individuals in Burma; may not be made available to any organization or entity controlled by the armed forces of Burma; and may be made available for programs administered by the Office of Transition Initiatives, United States Agency for International Development, for ethnic groups and civil society in Burma to help sustain ceasefire agreements and further prospects for reconciliation and peace, which may include support to representatives of ethnic armed groups for this purpose.

None of the funds appropriated by this Act under the headings International Military Education and Training and Foreign Military Financing Program may be made available for assistance for Burma: , That the Department of State may continue consultations with the armed forces of Burma only on human rights and disaster response in a manner consistent with the prior fiscal year, and following consultation with the appropriate congressional committees. Provided The Secretary of the Treasury shall instruct the United States executive director of each international financial institution to use the voice and vote of the United States to support projects in Burma only if such projects are developed and carried out in accordance with the requirements of section 7029(b)(2) of this Act.

Notwithstanding any provision of this subsection, of the funds appropriated by this Act under the heading Economic Support Fund that are made available for assistance for Burma, 15 percent may not be obligated until the Secretary of State certifies and reports to the Committees on Appropriations that the Government of Burma— has terminated military cooperation with North Korea; is respecting human rights and the rule of law, particularly regarding the arrest and prosecution of three journalists in Shan state in June, 2017 and two Kachin pastors in December, 2016; is revising and updating colonial-era laws that are used in such prosecutions; and is credibly investigating the murder of U Ko Ni, and is taking steps to protect and defend the security and safety of other activists.

Any new program or activity in Burma initiated in fiscal year 2018 shall be subject to prior consultation with the appropriate congressional committees. Section 7043(b)(7) of the Department of State, Foreign Operations, and Related Programs Appropriations Act, 2015 (division J of Public Law 113–235 ) shall continue in effect during fiscal year 2018. The United States Chief of Mission in Burma, in consultation with the Assistant Secretary for Democracy, Human Rights, and Labor, Department of State, shall be responsible for democracy and human rights programs in Burma.

None of the funds appropriated by this Act that are made available for assistance for the central Government of Cambodia may be obligated or expended unless the Secretary of State certifies and reports to the Committees on Appropriations that such government— is taking effective steps to strengthen regional security and stability, particularly regarding territorial disputes in the South China Sea; has ceased efforts to intimidate civil society and the political opposition in Cambodia, is credibly investigating the murder of social and political activists, and is taking steps to address the concerns detailed in the September 14, 2016 United Nations Human Rights Situation in Cambodia—Joint Statement; and is supporting the conduct of free and fair elections in Cambodia through a non-partisan election commission; fair election processes; open and inclusive participation, to include the return of exiled former opposition leaders and the release of jailed opposition leaders and civil society activists; respect for freedoms of assembly, speech, and the press; and credible post-election dispute resolution mechanisms.

For purposes of administering clause

(i)of section 212(a)(3)(C) of the Immigration and Nationality Act ( 8 U.S.C. 1182(a)(3)(C) ) with funds made available by this Act, the Secretary of State shall consider as having potentially serious adverse foreign policy consequences any efforts to undermine democracy and human rights in Cambodia by officials of the Government of Cambodia: , That the exception of clause

(ii)of such section shall not apply to this subsection. Provided None of the funds appropriated by this Act and prior Acts making appropriations for the Department of State, foreign operations, and related programs may be made available for assistance for the central government of a country the Secretary of State determines and reports to the appropriate congressional committees is knowingly contributing, directly or indirectly, to the nuclear, ballistic missile, or malicious cyber-intrusion capabilities of the Government of North Korea. The Secretary of State shall review sanctions applied pursuant to the North Korea Sanctions and Policy Enhancement Act of 2016 ( Public Law 114–122 ) and the Countering America’s Adversaries Through Sanctions Act ( Public Law 115–44 ), as well as any other relevant provision of law imposing sanctions for nuclear, ballistic missile, and cyber misconduct, to determine whether the restriction of subparagraph

(A)shall apply to the central government of any country whose agencies or instrumentalities are so sanctioned. The Secretary of State may waive the application of the restriction in subparagraph

(A)if the Secretary determines and reports to the appropriate congressional committees that to do so is important to the national security interest of the United States, including a description of the national security interest served. Funds appropriated by this Act under the heading International Broadcasting Operations shall be made available to maintain broadcasting hours into North Korea at levels not less than the prior fiscal year. Funds appropriated by this Act under the heading Migration and Refugee Assistance should be made available for assistance for refugees from North Korea, including protection activities in the People’s Republic of China and other countries in Asia. Funds appropriated by this Act under title III shall be made available to maintain a database of prisons and gulags in North Korea, in accordance with section 7032(i) of the Department of State, Foreign Operations, and Related Programs Appropriations Act, 2014 (division K of Public Law 113–76 ; 128 Stat. 513). Of the funds appropriated by this Act under the heading Economic Support Fund , not less than $8,000,000 shall be made available for the promotion of human rights in North Korea: , That the authority of section 7032(b) of this Act shall apply to such funds. Provided None of the funds made available by this Act under the heading Economic Support Fund may be made available for assistance for the Government of North Korea. None of the funds appropriated under the heading Diplomatic and Consular Programs in this Act may be obligated or expended for processing licenses for the export of satellites of United States origin (including commercial satellites and satellite components) to the People's Republic of China

(PRC)unless, at least 15 days in advance, the Committees on Appropriations are notified of such proposed action. The terms and requirements of section 620(h) of the Foreign Assistance Act of 1961 shall apply to foreign assistance projects or activities of the People's Liberation Army

(PLA)of the PRC, to include such projects or activities by any entity that is owned or controlled by, or an affiliate of, the PLA: , That none of the funds appropriated or otherwise made available pursuant to this Act may be used to finance any grant, contract, or cooperative agreement with the PLA, or any entity that the Secretary of State has reason to believe is owned or controlled by, or an affiliate of, the PLA. Provided Funds appropriated by this Act for public diplomacy under title I and for assistance under titles III and IV shall be made available to counter the influence of the PRC, in accordance with the strategy required by section 7043(e)(3) of the Department of State, Foreign Operations, and Related Programs Appropriations Act, 2014 (division K of Public Law 113–76 ; 128 Stat. 536), following consultation with the Committees on Appropriations. The uses of funds made available by this Act for the promotion of democracy in the PRC, except for funds made available under subsection (f), shall be the responsibility of the Assistant Secretary for Democracy, Human Rights, and Labor, Department of State. Funds appropriated by this Act that are made available for trilateral programs conducted with the PRC shall be subject to the regular notification procedures of the Committees on Appropriations. Funds appropriated by this Act under the heading International Narcotics Control and Law Enforcement may be made available for counternarcotics assistance for the Philippine National Police only if the Secretary of State certifies and reports to the Committees on Appropriations that the Government of the Philippines has adopted and is implementing a counternarcotics strategy that is in accordance with international norms of due process, and is investigating and prosecuting individuals who are credibly alleged to have ordered, committed, or covered up extrajudicial killings and other gross violations of human rights in the conduct of counternarcotics operations in the Philippines: , That the limitation of this paragraph shall not apply to funds made available for maritime programs. Provided Funds appropriated by this Act that are made available for assistance for the Philippines may be made available for the Philippine Department of Health and local entities to support the implementation of a national drug treatment and demand reduction program only if the Secretary of State, in consultation with the USAID Administrator, certifies and reports to the appropriate congressional committees that the Government of the Philippines is effectively implementing a national strategy to support drug treatment and the prevention of illicit drug use in a manner that is consistent with best practices: , That such funds shall be made available only on a cost-matching basis: Provided , That the Secretary of State and USAID Administrator, as appropriate, shall consult with the appropriate congressional committees prior to the obligations of such funds. Provided further The Secretary of the Treasury shall instruct the United States executive director of each international financial institution to use the voice and vote of the United States to support financing of projects in Tibet if such projects do not provide incentives for the migration and settlement of non-Tibetans into Tibet or facilitate the transfer of ownership of Tibetan land and natural resources to non-Tibetans, are based on a thorough needs-assessment, foster self-sufficiency of the Tibetan people and respect Tibetan culture and traditions, and are subject to effective monitoring. Notwithstanding any other provision of law, of the funds appropriated by this Act under the heading Economic Support Fund , not less than $8,000,000 shall be made available to nongovernmental organizations to support activities which preserve cultural traditions and promote sustainable development, education, and environmental conservation in Tibetan communities in the Tibetan Autonomous Region and in other Tibetan communities in China. Of the funds appropriated by this Act under the heading Economic Support Fund , not less than $6,000,000 shall be made available for programs to promote and preserve Tibetan culture, development, and the resilience of Tibetan communities in India and Nepal, and to assist in the education and development of the next generation of Tibetan leaders from such communities: , That such funds are in addition to amounts made available in subparagraph

(A)for programs inside Tibet. Provided Of the funds appropriated by this Act under the heading Economic Support Fund , not less than $3,000,000 shall be made available for programs to strengthen the capacity of Tibetan institutions and governance. Notwithstanding any other provision of law, of the funds appropriated by this Act under the heading Economic Support Fund , not less than $20,000,000 shall be made available for activities related to the remediation of dioxin contaminated sites in Vietnam and may be made available for assistance for the Government of Vietnam, including the military, for such purposes. Of the funds appropriated by this Act under the heading Development Assistance , not less than $10,000,000 shall be made available for health and disability programs in areas sprayed with Agent Orange and otherwise contaminated with dioxin, to assist individuals with severe upper or lower body mobility impairment or cognitive or developmental disabilities.

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