Sec. 7043.
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Of the funds appropriated by this Act under titles III and IV, not less than $25,000,000 shall be made available for programs to support the Association of Southeast Asian Nations (ASEAN), for which the policy justifications and decisions shall be coordinated with the Ambassador to the United States Mission to ASEAN. Of the funds appropriated by this Act, not less than $136,127,000 shall be made available for assistance for Burma, which— may be made available notwithstanding any other provision of law and following consultation with the appropriate congressional committees; may be made available for support for the administrative operations and programs of entities that support peaceful efforts to establish an inclusive and representative democracy in Burma and a federal union to foster equality among Burma’s diverse ethnic groups, following consultation with the Committees on Appropriations; shall be made available for programs to promote ethnic and religious tolerance, unity, and accountability and to combat gender-based violence, including in Kachin, Chin, Mon, Karen, Karenni, Rakhine, and Shan states; shall be made available for community-based organizations with experience 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 ; and shall be made available for programs and activities to investigate and document violations of human rights in Burma committed by the military junta.
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. None of the funds appropriated by this Act that are made available for assistance for Burma may be made available to the State Administration Council or any organization or entity controlled by, or an affiliate of, 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 2023 shall be subject to prior consultation with the appropriate congressional committees. Of the funds appropriated under title III of this Act, not less than $82,505,000 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 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; assert its sovereignty against interference by the People’s Republic of China, including by verifiably maintaining the neutrality of Ream Naval Base, other military installations in Cambodia, and dual use facilities such as the runway at the Dara Sakor development project; cease violence, threats, and harassment against civil society and the political opposition in Cambodia, and dismiss any politically motivated criminal charges against critics of the government; and respect the rights, freedoms, and responsibilities enshrined in the Constitution of the Kingdom of Cambodia as enacted in 1993. The certification 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 activities of the People’s Republic of China in Cambodia. Funds appropriated under title III of this Act for assistance for Cambodia shall be made available for— research, documentation, 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. Of the funds appropriated under titles III and IV of this Act, not less than $1,800,000,000 shall be made available to support implementation of the Indo-Pacific Strategy and the Asia Reassurance Initiative Act of 2018 ( Public Law 115–409 ). Of the funds appropriated by this Act under the headings Development Assistance , Economic Support Fund , International Narcotics Control and Law Enforcement , Nonproliferation, Anti-terrorism, Demining and Related Programs , and Foreign Military Financing Program , not less than $300,000,000 shall be made available for a Countering PRC Influence Fund to counter the influence of the Government of the People’s Republic of China and the Chinese Communist Party and entities acting on their behalf globally, which shall be subject to prior consultation with the Committees on Appropriations: That such funds are in addition to amounts otherwise made available for such purposes: Provided, That up to 10 percent of such funds shall be held in reserve to respond to unanticipated opportunities to counter PRC influence: Provided further, That the uses of such funds shall be the joint responsibility of the Secretary of State and the USAID Administrator, in a manner consistent with the prior fiscal year: Provided further, That funds made available pursuant to this paragraph under the heading Provided further, Foreign Military Financing Program may remain available until September 30, 2024: That funds appropriated by this Act for such Fund under the headings Provided further, International Narcotics Control and Law Enforcement , Nonproliferation, Anti-terrorism, Demining and Related Programs , and Foreign Military Financing Program may be transferred to, and merged with, funds appropriated under such headings: That such transfer authority is in addition to any other transfer authority provided by this Act or any other Act, and is subject to the regular notification procedures of the Committees on Appropriations. Provided further, 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 and the heads of other Federal agencies, as appropriate, determines that such use does not adversely impact the national security of the United States. Of the funds appropriated by this Act under titles III and IV, not less than $85,000,000 shall be made available for assistance for Laos, including for assistance for persons with disabilities caused by unexploded ordnance accidents, and of which not less than $1,500,000 should be made available for programs to assist persons with severe physical mobility, cognitive, or developmental disabilities in areas sprayed with Agent Orange and contaminated with dioxin: That funds made available pursuant to this subsection may be used, in consultation with the Government of Laos, for assessments of the existence of dioxin contamination resulting from the use of Agent Orange in Laos and the feasibility and cost of remediation. Provided, None of the funds appropriated by this Act or 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 ) to the Committees on Appropriations: 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 headings Economic Support Fund and Democracy Fund shall be made available for the promotion of human rights in North Korea: That the authority of section 7032(b)(1) 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. Funds appropriated by this Act and prior Acts making appropriations for the Department of State, foreign operations, and related programs under title I should be made available for establishing and operating diplomatic facilities in Kiribati, Tonga, Solomon Islands, and Vanuatu, subject to section 7015(a)(3) of this Act and following consultation with the Committees on Appropriations. Not later than 90 days after the date of enactment of this Act, the Secretary of State, in consultation with the USAID Administrator, shall submit a report to the appropriate congressional committees detailing plans, including timelines and costs regarding property leases and personnel, for expanding the presence of United States diplomatic and development personnel in Pacific Islands countries: That in order to expeditiously expand such presence, the Secretary of State and USAID Administrator may, following consultation with the Committees on Appropriations, use funds appropriated by this Act and prior Acts making appropriations for the Department of State, foreign operations, and related programs to hire locally employed staff in Kiribati, Tonga, Solomon Islands, Vanuatu, and other Pacific Islands countries that do not have United States diplomatic facilities. Provided, Not later than 90 days after the date of enactment of this Act, the Secretary of State, following consultation with the Secretary of Defense and the heads of other relevant Federal agencies, shall submit a report to the Committees on Appropriations on the feasibility of, and if feasible, plans for, establishing an air wing program to support the operations of the Department of State and USAID in Pacific Islands countries: That 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 such program if the Secretary of State determines in the report required by this subparagraph that such program is feasible, following consultation with, and the regular notification procedures of, the Committees on Appropriations. Provided, Of the funds appropriated by this Act under the headings Development Assistance , Economic Support Fund , International Narcotics Control and Law Enforcement , Nonproliferation, Anti-terrorism, Demining and Related Programs , International Military Education and Training , and Foreign Military Financing Program , not less than $205,200,000 shall be made available for assistance for Pacific Islands countries, including as described in the explanatory statement accompanying this Act: That of the funds made available pursuant to this subparagraph, funds shall be made available for assistance for the Pacific Freely Associated States of the Federated States of Micronesia, the Republic of the Marshall Islands, and the Republic of Palau, including for direct budget support, as appropriate: Provided, That funds made available for the purposes of the previous proviso shall be in addition to funds made available by any Act for Compacts of Free Association: Provided further, That up to $1,500,000 may be made available for assistance for the Republic of Nauru, in accordance with the requirements of section 7047(c)(1) of this Act: Provided further, That funds made available pursuant to this subparagraph shall be made available for joint development and security programs between the United States and Australia, Japan, New Zealand, South Korea, and Taiwan, following consultation with the Committees on Appropriations. Provided further, Funds made available pursuant to subparagraph
(A)under the headings Development Assistance and Economic Support Fund may be transferred to, and merged with, funds appropriated under such headings. Funds made available pursuant to subparagraph
(A)under the headings International Narcotics Control and Law Enforcement and Foreign Military Financing Program may be transferred to, and merged with, funds appropriated under such headings. The transfer authority provided pursuant to this subparagraph is in addition to any other transfer authority otherwise available under any other provision of law and shall be subject to the regular notification procedures of the Committees on Appropriations. Not later than 30 days after the date of enactment of this Act, the Chief Executive Officer of the United States International Development Finance Corporation shall submit a report to the appropriate congressional committees detailing the authority necessary to support projects in countries that are categorized as high income countries, particularly in Pacific Islands countries: That such report shall include representative examples of opportunities to leverage such authority to further the national economic or foreign policy interests of the United States, including to counter the influence of the People’s Republic of China, and to produce significant developmental outcomes, including in the health sector. Provided, 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, Of the funds appropriated by this Act under the first paragraph under the heading Democracy Fund , not less than $5,000,000 shall be made available for democracy and Internet freedom programs for Hong Kong, including legal and other support for democracy activists. None of the funds appropriated by this Act or prior Acts making appropriations for the Department of State, foreign operations, and related programs that are made available for assistance for Hong Kong should be obligated for assistance for the Government of the People’s Republic of China and the Chinese Communist Party or any entity acting on their behalf in Hong Kong. The report required under section 7043(f)(3)(C) of the Department of State, Foreign Operations, and Related Programs Appropriations Act, 2021 (division K of Public Law 116–260 ) shall be updated and submitted to the Congress in the manner described. None of the funds appropriated by this Act may be made available for counternarcotics assistance for the Philippines, except for drug demand reduction, maritime law enforcement, or transnational interdiction: That not later than 45 days after the date of enactment of this Act, the Secretary of State shall update the report required under this heading in Senate Report 116–126 and specify how United States assistance for the armed forces of the Philippines is being used to achieve measurable results in addressing the findings in such report, and the results achieved. Provided, Of the funds appropriated by this Act under the heading Economic Support Fund , not less than $4,000,000 shall be made available for the Global Cooperation and Training Framework, which shall be administered by the American Institute in Taiwan. During fiscal year 2023, the Secretary of State is authorized to make direct loans under section 23 of the Arms Export Control Act available for Taiwan, notwithstanding section 23(c)(1) of the Arms Export Control Act, gross obligations for the principal amounts of which shall not exceed $2,000,000,000: That funds appropriated under the heading Provided, Foreign Military Financing Program in this Act may be made available for the costs, as defined in section 502 of the Congressional Budget Act of 1974, of such loans: That such costs, including the cost of modifying such loans, shall be as defined in section 502 of the Congressional Budget Act of 1974 and may include the costs of selling, reducing, or cancelling any amounts owed to the United States or any agency of the United States: Provided further, That the Government of the United States may charge fees for such loans, which shall be collected from borrowers in accordance with section 502(7) of the Congressional Budget Act of 1974: Provided further, That no funds made available by this or any other appropriations Act for this fiscal year or prior fiscal years may be used for payment of any fees associated with such loans: Provided further, That such loans shall be repaid in not more than 12 years, including a grace period of up to one year on repayment of principal: Provided further, That notwithstanding section 23(c)(1) of the Arms Export Control Act, interest for such loans may be charged at a rate determined by the Secretary of State, except that such rate may not be less than the prevailing interest rate on marketable Treasury securities of similar maturity: Provided further, That amounts made available under this paragraph for such costs shall not be considered assistance for the purposes of provisions of law limiting assistance to a country. Provided further, Funds appropriated under the heading Foreign Military Financing Program by this Act may be made available, notwithstanding the third proviso under such heading, for the costs of loan guarantees under section 24 of the Arms Export Control Act for Taiwan, which are authorized to be provided: That such funds may be made available to subsidize gross obligations for the principal amount of commercial loans, and total loan principal, any part of which is to be guaranteed, not to exceed $2,000,000,000: Provided, That no loan guarantee with respect to any one borrower may exceed 80 percent of the loan principal: Provided further, That any loan guaranteed under this paragraph may not be subordinated to another debt contracted by the borrower or to any other claims against the borrower in the case of default: Provided further, That repayment in United States dollars of any loan guaranteed under this paragraph shall be required within a period not to exceed 12 years after the loan agreement is signed: Provided further, That the Government of the United States may charge fees for such loan guarantees, as may be determined, notwithstanding section 24 of the Arms Export Control Act, which shall be collected from borrowers or third parties on behalf of such borrowers in accordance with section 502(7) of the Congressional Budget Act of 1974: Provided further, That amounts made available under this paragraph for the costs of such guarantees shall not be considered assistance for the purposes of provisions of law limiting assistance to a country. Provided further, Funds made available to carry out the authorities of this subsection shall be subject to prior consultation with, and the regular notification procedures of, the Committees on Appropriations. 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 $10,000,000 shall be made available to nongovernmental organizations with experience working with Tibetan communities 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 $8,000,000 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: 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 the Central Tibetan Administration: That such funds shall be administered by the United States Agency for International Development. Provided, Of the funds appropriated under titles III and IV of this Act, not less than $197,000,000 shall be made available for assistance for Vietnam, of which not less than— $30,000,000 shall be made available for programs to assist persons with severe physical mobility, cognitive, or developmental disabilities: That such funds shall be prioritized to assist persons whose disabilities may be related to the use of Agent Orange and exposure to dioxin, or are the result of unexploded ordnance accidents; Provided, $20,000,000 shall be made available, notwithstanding any other provision of law, 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; $2,000,000 shall be made available for the Vietnamese Wartime Accounting Initiative; and $15,000,000 shall be made available for higher education programs. Section 7043(i)(1) of the Department of State, Foreign Operations, and Related Programs Appropriations Act, 2022 (division K of Public Law 117–103 ) is amended by striking that and inserting : . That such funds shall be prioritized to assist persons whose disabilities Provided,
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- Pub. L. 114-122
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Sec. 7043
Pub. L.Pub. L. 114-122
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