Sec. 7043.
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/bill/116/hr/21/eh/section-7043A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
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 and to combat gender-based violence, including in Rakhine, Shan, Kachin, and Karen states; shall be made available to promote rural economic development in Burma, including through microfinance programs; shall be made available to increase opportunities for foreign direct investment by strengthening the rule of law, transparency, and accountability; shall be made available for programs to investigate and document allegations of ethnic cleansing and other gross violations of human rights committed against the Rohingya people in Rakhine state: , That such funds shall be made available for civil society organizations in Bangladesh and Burma for such purposes:
Provided , That prior to the obligation of such funds, the Assistant Secretary for Democracy, Human Rights, and Labor, Department of State, shall ensure the establishment of a standard documentation format and documentation procedures for use by such organizations, and shall identify an appropriate repository for such information: Provided further , That such sums shall be in addition to funds otherwise made available for such purposes; Provided further shall be made available for programs to investigate and document allegations of gross violations of human rights committed in Burma, particularly in areas of conflict: , That such funds shall be made available for civil society and international organizations, including those in countries bordering Burma;
Provided 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; may be made available 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; and may only be made available for programs to support the return of Rohingya, Karen, and other refugees and internally displaced persons to their locations of origin or preference in Burma if such returns are voluntary and consistent with international law.
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 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, including the arrest and prosecution of journalists; is revising, updating, or repealing colonial-era and other oppressive laws that are used in such prosecutions, including the Unlawful Associations Act; 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.
The Secretary of State may waive the requirements of this paragraph if the Secretary determines and reports to the Committees on Appropriations that do so is in the national interest. Any new program or activity in Burma initiated in fiscal year 2019 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 2019.
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 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 and the enforcement of international sanctions with respect to North Korea; and respect the rights and responsibilities enshrined in the Constitution of the Kingdom of Cambodia as enacted in 1993, including through the— restoration of the civil and political rights of the opposition Cambodia National Rescue Party, media, and civil society organizations; restoration of all elected officials to their elected offices; and release of all political prisoners, including journalists, civil society activists, and members of the opposition political party.
Funds appropriated under title III of this Act for assistance for Cambodia shall be made available for— democracy programs, including research and education programs associated with the Khmer Rouge in Cambodia, except that no funds for such purposes may be made available to the Extraordinary Chambers in the Court of Cambodia; and programs in the Khmer language to counter the influence of the People’s Republic of China in Cambodia. Section 307(a) of the Foreign Assistance Act of 1961 shall be deemed to apply to funds appropriated by this Act and made available for assistance for Cambodia, except the Secretary of State may waive the requirement of this paragraph if the Secretary certifies and reports to the Committees on Appropriations that the Government of Cambodia has held free and fair elections.
Funds appropriated under title I of this Act shall be made available to continue to implement the policy announced by the Department of State on December 6, 2017, to restrict the issuance of visas to enter the United States to individuals involved in undermining democracy in Cambodia, including the family members of such individuals, as appropriate: , That not later than 30 days after enactment of this Act, the Secretary of State shall submit a report to the appropriate congressional committees describing the implementation of such policy.
Provided Of the funds appropriated by this Act and prior Acts making appropriations for the Department of State, foreign operations, and related programs, not less than $160,000,000 shall be made available for democracy; economic governance and trade; natural resource security, energy, and governance; and, law enforcement and security programs to support the implementation of the Indo-Pacific Strategy, as follows— $65,000,000 under the heading Development Assistance ; $50,000,000 under the heading Economic Support Fund ; $30,000,000 under the heading International Narcotics Control and Law Enforcement ; and $15,000,000 under the heading Foreign Military Financing Program : , That such funds are in addition to amounts otherwise made available for such purposes.
Provided Of the funds appropriated by this Act under the heading Nonproliferation, Anti-terrorism, Demining and Related Programs , not less than $40,000,000 shall be made available to continue to clear unexploded ordnance in Laos. 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 engages in significant transactions contributing materially to the malicious cyber-intrusion capabilities of the Government of North Korea: , That the Secretary of State shall submit the report required by section 209 of the North Korea Sanctions and Policy Enhancement Act of 2016 ( Provided Public Law 114–122 ; 22 U.S.C. 9229 ), as amended, to the Committees on Appropriations in the manner described in subparagraph (2)(A) of such section: , That the Secretary of State may waive the application of the restriction in this paragraph with respect to assistance for the central government of a country 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 such interest served.
Provided further 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. Of the funds appropriated by this Act under the headings Economic Support Fund and Democracy Fund , not less than $8,000,000 shall be made available for the promotion of human rights in North Korea: , That such funds shall be administered by the Assistant Secretary for Democracy, Human Rights, and Labor, Department of State:
Provided , That the authority of section 7032(b) of this Act shall apply to such funds. Provided further 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 ). None of the funds appropriated 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 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 ), 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. None of the funds appropriated by this Act under the heading International Narcotics Control and Law Enforcement may be made available for counternarcotics assistance for the Philippines, except for drug demand reduction, maritime law enforcement, or transnational interdiction. The Secretary of the Treasury should 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 Tibet 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 $12,500,000 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. Of the funds appropriated by this Act under the heading Nonproliferation, Anti-terrorism, Demining and Related Programs , not less than $15,000,000 shall be made available to clear unexploded ordnance
(UXO)in Vietnam, including to conduct UXO surveys. Of the funds appropriated by this Act under the heading Economic Support Fund that are made available for assistance for Vietnam, not less than $2,500,000 shall be made available for forensic assistance related to the identification of remains from conflict, regardless of the affiliation of such remains with North or South Vietnam. Of the funds appropriated by this Act under the heading Educational and Cultural Exchange Programs and Economic Support Fund , not less than $10,000,000 shall be made available for Fulbright University Vietnam, which shall not be used for construction activities.
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- Pub. L. 114-122
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