Sec. 7043.
2,000 words·~9 min read·
/bill/116/hr/7608/eh/section-7043A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
Funds appropriated under title III of this Act for assistance for Burma— may be made available notwithstanding any other provision of law, except for this subsection, and following consultation with the Committees on Appropriations; 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 shall be made available for programs to strengthen independent media and civil society organizations, to promote ethnic and religious tolerance, and to combat gender-based violence, including in Kachin, Karen, Rakhine, and Shan states and for the purposes enumerated under this section in the report accompanying this Act.
Funds appropriated under title III of this Act for assistance for Burma 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 : Provided , That such funds may be available for programs to support the return of Kachin, Karen, Rohingya, Shan, and other refugees and internally displaced persons to their locations of origin or preference in Burma only if such returns are voluntary and consistent with international law.
Funds appropriated under title III of this Act for assistance for Burma that are made available for assistance for the Government of Burma to support the implementation of Nationwide Ceasefire Agreement conferences, committees, and other procedures may only be made available if the Secretary of State reports to the Committees on Appropriations that such conferences, committees, and procedures are directed toward a sustainable peace and the Government of Burma is implementing its commitments under such Agreement.
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: Provided , 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. None of the funds appropriated under title III of this Act for assistance for Burma may be made available to any organization or entity controlled by the armed forces of Burma, or to any individual or organization that has committed a gross violation of human rights or advocates violence against ethnic or religious groups or individuals in Burma, as determined by the Secretary of State for programs administered by the Department of State and USAID or the President of the National Endowment for Democracy
(NED)for programs administered by NED. Any new program or activity in Burma initiated in fiscal year 2021 shall be subject to prior consultation with the appropriate congressional committees. Funds appropriated under title III of this Act, shall be made available for assistance for Cambodia. 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 determines 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; cease violence and harassment against civil society in Cambodia, including the political opposition, and dismiss any politically motivated criminal charges against those who criticize the government; and respect the rights, freedoms, and responsibilities enshrined in the Constitution of the Kingdom of Cambodia as enacted in 1993. The determination required by subparagraph
(A)shall not apply to funds appropriated by this Act and made available for democracy, health, education, and environment programs, programs to strengthen the sovereignty of Cambodia, and programs to educate and inform the people of Cambodia of the influence efforts of the People’s Republic of China in Cambodia. Funds appropriated under title III of this Act for assistance for Cambodia may be made available for— research and education programs associated with the Khmer Rouge in Cambodia; and programs in the Khmer language to monitor, map, and publicize the efforts by the People’s Republic of China to expand its influence in Cambodia. Funds appropriated under titles III and IV of this Act shall be made available to support the implementation of the Indo-Pacific Strategy and the Asia Reassurance Initiative Act of 2018 ( Public Law 115–409 ). Funds appropriated by this Act under the headings Development Assistance , Economic Support Fund , International Narcotics Control and Law Enforcement , and Foreign Military Financing Program , may be made available for a Countering Chinese Influence Fund to counter the influence of the People’s Republic of China globally, which shall be subject to prior consultation with the Committees on Appropriations. 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 any project or activity that directly supports or promotes— the Belt and Road Initiative or any dual-use infrastructure projects of the People’s Republic of China; and the use of technology, including biotechnology, digital, telecommunications, and cyber, developed by the People’s Republic of China unless the Secretary of State, in consultation with the USAID Administrator, determines that such use does not adversely impact the national security of the United States. The Secretary of State shall submit the report required by section 209 of the North Korea Sanctions and Policy Enhancement Act of 2016 ( Public Law 114–122 ; 22 U.S.C. 9229 ) to the Committees on Appropriations. 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 headings Economic Support Fund and Democracy Fund shall be made available for the promotion of human rights in North Korea: Provided , That the authority of section 7032(b)(1) of this Act shall apply to such funds. 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 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. 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 People’s Liberation Army (PLA), or any entity that the Secretary of State has reason to believe is owned or controlled by, or an affiliate of, the PLA. Funds appropriated by this Act under the heading Democracy Fund for the Human Rights and Democracy Fund of the Bureau of Democracy, Human Rights, and Labor, Department of State, shall be made available for democracy programs for Hong Kong, including legal and other support for democracy activists. None of the funds appropriated by this Act may be made available to enterprises, organizations, or other entities in Hong Kong that receive funding from, or are supported by, the Government of the PRC. Funds appropriated under title I of this Act shall be made available to prepare and submit to Congress the report required by section 301 of the United States-Hong Kong Policy Act of 1992 ( 22 U.S.C. 5731 ) pursuant to section 7043(f)(4)(B) of the Department of State, Foreign Operations, and Related Programs Appropriations Act, 2020 (division G of Public Law 116–94 ), which shall also include a description of— actions taken by the Government of the PRC and the Hong Kong authorities to implement the decision approved by the National People’s Congress on May 28, 2020 for the Hong Kong Special Administration Region; and actions taken by the Government of the PRC and the Hong Kong authorities to modify Hong Kong’s existing judicial systems and enforcement mechanisms in order to erode democratic rights and civil liberties protected under Hong Kong Basic Law. Section 7031(c) of this Act shall be construed to apply to government officials and their immediate family members about whom the Secretary of State has credible information have been involved in implementing the decision approved by the National People’s Congress on May 28, 2020 for the Hong Kong Special Administration Region that undermines the autonomy and fundamental freedoms of the people of Hong Kong: Provided , That not later than 60 days after enactment of this Act, the Secretary shall submit a report to the appropriate congressional committees describing the implementation of this subparagraph. 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. None of the funds appropriated by this Act under the heading Foreign Military Financing Program may be made available for assistance for the Government of Philippines unless the Secretary of State determines and reports to the Committees on Appropriations that such Government is taking effective steps to promote human rights and strengthen accountability mechanisms. The Secretary of State may waive the restriction on assistance required by subparagraph
(A)if the Secretary determines and reports to the Committees on Appropriations that providing such assistance is important to the national security interest of the United States, including a description of the national security interest served. 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 and language in the refugee and diaspora Tibetan communities, development, and the resilience of Tibetan communities and the Central Tibetan Administration in India and Nepal, and to assist in the education and development of the next generation of Tibetan leaders from such communities: Provided , That such funds are in addition to amounts made available in subparagraph
(A)for programs inside Tibet. 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 the Central Tibetan Administration: Provided , That such funds shall be administered by the United States Agency for International Development. Funds appropriated under titles III and IV of this Act and made available for assistance for Vietnam, should be made available for— health and disability programs in areas sprayed with Agent Orange and contaminated with dioxin, to assist individuals with severe upper or lower body mobility impairment or cognitive or developmental disabilities; and 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, notwithstanding any other provision of law.
Connectionstraces to 4
Traces to 4 documents
public-private-law
1 reference not yet in our index
- Pub. L. 114-122
Citation graph
cites case law
Sec. 7043
Pub. L.Pub. L. 114-122
Cites 5Cited by 0 across 0 sources