Sec. 7043.
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/bill/118/s/2438/rs/section-7043A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
Of the funds appropriated by this Act under the heading Economic Support Fund , not less than $121,000,000 shall be made available for assistance for Burma for the purposes described in section 5575 of the Burma Act of 2022 (subtitle E of title LV of division E of Public Law 117–263 ) and section 7043(a) of the Department of State, Foreign Operations, and Related Programs Appropriations Act, 2023 (division K of Public Law 117–328 ): That the authorities, limitations, and conditions contained in section 7043(a) of division K of Provided, Public Law 117–328 shall continue in effect during fiscal year 2024:
That for the purposes of section 5575 of the Burma Act of 2022 and assistance for Burma made available by this Act and prior Acts making appropriations for the Department of State, foreign operations, and related programs, Provided further, non-lethal assistance shall include equipment and associated training to support— atrocities prevention; the protection of civilians from military attack; the delivery of humanitarian assistance; investigations into genocide and human rights violations committed by the Burmese military; local governance and the provision of services in areas outside the control of the Burmese military; and medical trauma care, supplies, and training.
Pursuant to section 7043(a)(1)(A) of division K of Public Law 117–328 , as continued in effect by this subsection, funds appropriated by this Act and prior Acts making appropriations for the Department of State, foreign operations, and related programs that are made available for assistance for Burma shall be made available for programs and activities to support deserters from the military junta and its allied entities, following consultation with the appropriate congressional committees.
Of the funds appropriated by this Act under the heading Economic Support Fund , not less than $1,000,000 shall be made available to support justice and accountability efforts for crimes against humanity and acts of genocide against the Rohingya, following consultation with the Committees on Appropriations: That the Bureau of Democracy, Human Rights and Labor, Department of State, shall have responsibility for the uses of such funds: Provided, That such funds are in addition to funds otherwise made available to investigate and document violations of human rights committed by the Burmese military against ethnic groups in Burma.
Provided further, Any new program or activity in Burma initiated during fiscal year 2024 shall be subject to prior consultation with the appropriate congressional committees. None of the funds appropriated by this Act that are made available for assistance for the Government of Cambodia may be made available unless the Secretary of State submits, no earlier than the submission of the report required by section 653(a) of the Foreign Assistance Act of 1961, the certification required under this heading in the report accompanying this Act:
That the Secretary of State may waive this requirement on a program-by-program basis if the Secretary determines and reports to the Committees on Appropriations that to do so is important to the national interest of the United States, including a description of such interest. Provided, Section 7031(c) of this Act shall be applied to officials of the Government of Cambodia about whom the Secretary of State has credible information have been involved in the unlawful and wrongful detention of United States citizen Theary Seng.
Of the funds appropriated under titles III and IV of this Act, not less than $1,900,000,000 shall be made available to support implementation of the Indo-Pacific Strategy. 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 $400,000,000 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 Coordinator of the Office of China Coordination, Department of State (China Coordinator), shall be responsible for the allocation of such funds, in consultation with relevant bureaus and offices of the Department of State and USAID:
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, 2025: 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.
Funds appropriated by this Act shall be made available to design and implement reforms of the processes and procedures regarding the application, consideration, and delivery of equipment and technical training under the Foreign Military Financing Program
(FMF)and Foreign Military Sales
(FMS)program, including implementation of FMS 2023 by the Department of State: That not later than 180 days after enactment of this Act, and every quarter thereafter through September 30, 2025, the Secretary of State, in consultation with the heads of other relevant Federal agencies, shall submit a comprehensive strategic review to the appropriate congressional committees on the implementation and impact of such reforms in the Philippines, Indonesia, Vietnam, Singapore, and Taiwan, including a description of such reforms and the military equipment to be provided or purchased: Provided, That such assessment shall include consultation with all relevant stakeholders. Provided further, None of the funds made available by this Act should be used to create, procure, or display any map that inaccurately depicts the territory and social and economic system of Taiwan and the islands or island groups administered by Taiwan authorities. Of the funds appropriated by this Act under titles III and IV, not less than $93,000,000 shall be made available for assistance for Laos, including for assistance for persons with disabilities caused by unexploded ordnance accidents, and of which up to $1,500,000 may be made available for programs to assist persons with severe physical mobility, cognitive, or developmental disabilities in areas sprayed with Agent Orange: 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 under the headings Diplomatic Programs for the Department of State and Operating Expenses for the United States Agency for International Development shall be made available to expand the United States diplomatic and development presence in Pacific Islands countries (PICs), including the number and location of facilities and personnel: That not later than 120 days after the date of enactment of this Act, the Secretary of State, in consultation with the USAID Administrator, shall submit to the Committees on Appropriations a spend plan detailing such expansion during fiscal years 2024 and 2025: Provided, That concurrent with the submission of the spend plan required by the previous proviso, the Secretary of State and USAID Administrator shall jointly consult with the Committees on Appropriations on the feasibility and costs of, including administrative support for, establishing a— Provided further, diplomatic and development platform in the Pacific region; and Department of State air wing to facilitate travel, supply, emergency evacuation, and other support necessary for personnel, including Peace Corps volunteers, stationed in PICs. 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 $175,000,000 shall be made available for assistance for PICs, including to implement the U.S. Pacific Partnership Strategy and Partners in the Blue Pacific initiative, and to further the goals of the Pacific Islands Forum’s 2050 Strategy for the Blue Pacific Continent: That funds appropriated by this Act that are made available for the Countering PRC Influence Fund shall be made available for assistance for PICs, in addition to funds made available under this paragraph: Provided, That funds made available by this paragraph for assistance for PICs shall be made available for programs and activities to strengthen and expand cooperation between the United States and higher education institutions in PICs, to be awarded on a competitive basis: Provided further, That funds made available by this paragraph for assistance for PICs shall be made available to appropriately commemorate the anniversary of World War II battles in the Pacific in which American servicemen and women lost their lives: Provided further, That of the funds made available by this paragraph for assistance for PICs, not less than $5,000,000 shall be made available for trilateral programs, including with Australia, Japan, New Zealand, Canada, the European Union
(EU)and EU Member States, the Republic of Korea, the United Kingdom, and Taiwan. Provided further, 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 heading Economic Support Fund and in the first paragraph under the heading Democracy Fund , not less than $6,500,000 shall be made available for programs for Hong Kong, including legal and other support for democracy activists, following consultation with the Committees on Appropriations: That $1,500,000 of such funds shall be transferred to, and merged with, funds appropriated by this Act under the heading Provided, Educational and Cultural Exchange Programs for exchange programs and other programs and activities of an American Center in Hong Kong, to be established pursuant to paragraph (B). Funds appropriated by this Act under the heading Embassy Security, Construction, and Maintenance shall be made available for the costs associated with establishing and sustaining an American Center in Hong Kong, following consultation with the appropriate congressional committees. None of the funds made available pursuant to this paragraph should be obligated for the Government of the People’s Republic of China, the Chinese Communist Party, or an entity acting on their behalf in Hong Kong. Of the funds appropriated by this Act under the heading Diplomatic Programs , not less than $5,000,000 shall be made available for programs to protect and advance United States national interests at international organizations, including the temporary surge of personnel, which shall be the responsibility of the China Coordinator, Department of State: That such funds are in addition to amounts otherwise made available for the Office of China Coordination, Department of State, and shall be subject to prior consultation with, and the regular notification procedures of, the Committees on Appropriations. Provided, Funds appropriated by this Act that are made available for assistance for the Philippines shall be made available at not less than the amount requested in the President’s budget request for fiscal year 2024: That 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. 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. Of the funds appropriated by this Act under the heading Foreign Military Financing Program , $113,000,000 shall be made available for assistance for Taiwan. Funds appropriated by this Act and prior Acts making appropriations for the Department of State, foreign operations, and related programs under the heading Foreign Military Financing Program , except for amounts designated as an emergency requirement pursuant to a concurrent resolution on the budget or the Balanced Budget and Emergency Deficit Control Act of 1985, may be made available for the costs, as defined in section 502 of the Congressional Budget Act of 1974, of direct loans and loan guarantees for Taiwan, if otherwise authorized: That such costs may include the costs of selling, reducing, or cancelling any amounts owed to the United States or any agency of the United States: Provided, That the gross principal balance of such direct loans shall not exceed $2,000,000,000, and the gross principal balance of guaranteed loans shall not exceed $2,000,000,000: Provided further, That the Secretary of State may use amounts charged to the borrower as origination fees to pay for the cost of such loans: Provided further, That interest for such loans may be charged at a rate determined by the Secretary of State, notwithstanding any other provision of law. Provided further, Funds appropriated by this Act under the heading Payment to the American Institute in Taiwan shall be made available for the Taiwan Fellowship Program. Not later than 60 days after the date of enactment of this Act, the Secretary of State shall consult with the Committees on Appropriations on the uses of funds made available pursuant to this subsection: That such funds shall be subject to the regular notification procedures of the Committees on Appropriations. Provided, 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 $4,500,000 shall be made available for programs to strengthen the capacity of the Central Tibetan Administration, of which up to $1,500,000 may be made available to support housing needs and related services for displaced Tibetan refugee families in India and Nepal, following consultation with the Committees on Appropriations: 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 health and disability 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; $3,000,000 shall be made available for the Reconciliation/Vietnamese Wartime Accounting Initiative; and $15,000,000 shall be made available for higher education programs.
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- Pub. L. 114-122
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