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Code · BILL · 118th Congress · S. 4797 (Reported in Senate) — Making appropriations for the Department of State, foreign operations, and related programs for the fiscal year endin... · Sec. 7043

Sec. 7043.

2,291 words·~10 min read·/bill/118/s/4797/rs/section-7043

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Of the funds appropriated by this Act under the headings Economic Support Fund and International Narcotics Control and Law Enforcement , not less than $45,000,000 shall be made available for programs for the Association of Southeast Asian Nations. 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 apply to funds made available for assistance for Burma under this Act, except for the minimum funding requirements and paragraph (1)(B): 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 made available pursuant to this subsection, 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 Assistant Secretary for 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 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 25 percent of such funds shall be held in reserve to respond to unanticipated opportunities to counter PRC influence, the uses of which shall be the responsibility of the Assistant Secretary for East Asian and Pacific Affairs, Department of State, in consultation with the Assistant Administrator of the Bureau of Asia, United States Agency for International Development:
Provided further That funds made available pursuant to this subparagraph under the heading Provided further, Foreign Military Financing Program may remain available until September 30, 2026: 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 funds made available pursuant to this subparagraph under the heading Provided further, Economic Support Fund may be transferred to, and merged with, funds appropriated under the headings The Asia Foundation , United States Institute of Peace , East-West Center , and National Endowment for Democracy : , That the transfer authorities provided in this subparagraph are 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 Of the grant balances in the Foreign Military Sales Trust Fund, identified by Treasury Appropriation Fund Symbol 97–11 X 8242, which are not currently applied to an active FMS case and which were appropriated prior to fiscal year 2014, $20,000,000 shall be deobligated, as appropriate, and shall be available for assistance for countries in the Indo-Pacific region for purposes of the Countering PRC Influence Fund, in addition to any funds otherwise made available for such purposes, under the same authorities and conditions as amounts made available by this Act under the heading Foreign Military Financing Program .
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; or 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.
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.
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 and Operating Expenses 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.
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 $160,000,000 shall be made available for assistance for PICs, including as described in section 7043(f)(2) of the Department of State, Foreign Operations, and Related Programs Appropriations Act, 2024 (division F of Public Law 118–47 ).
None of the funds appropriated by this Act may be made available for assistance for the Government of the People’s Republic of China or the Chinese Communist Party. 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. Section 7031(c) of this Act shall be applied to officials of the Government of the People's Republic of China about whom the Secretary of State has credible information have been involved in the wrongful detention of Gulshan Abbas.
Of the funds appropriated by this Act under the headings Development Assistance and Economic Support Fund , not less than $80,300,000 shall be made available for assistance for the Philippines: , That of such funds, not less than $9,000,000 shall be made available for economic growth programs and not less than $2,500,000 for trilateral programs between the United States, Philippines, and Japan. Provided Of the funds appropriated by this Act under the heading Foreign Military Financing Program , not less than $70,000,000 shall be made available for assistance for the Philippines, including for the Philippine Coast Guard: , That none of the funds appropriated by this Act under the heading Provided 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.
Not later than 90 days after the date of enactment of this Act, the Secretary of State and USAID Administrator, in consultation with the heads of other relevant Federal agencies, shall jointly consult with the Committees on Appropriations on funds made available by this Act and prior Acts making appropriations for the Department of State, foreign operations, and related programs for the Luzon Economic Corridor. 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 , not less than $100,000,000 shall be made available for assistance for Taiwan: That the Secretary of State, in coordination with the Secretary of Defense, shall prioritize the delivery of defense articles and services for Taiwan. Provided, 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, as authorized by section 5502(g) of the Taiwan Enhanced Resilience Act (subtitle A of title LV of division E of Public Law 117–263 ).
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, Of the funds appropriated by this Act under the heading Economic Support Fund , not less than $27,000,000 shall be made available, notwithstanding any other provision of law, for programs authorized by section 346(d), (e), and
(f)of the Tibetan Policy and Support Act of 2020 (subtitle E of title III of division FF of Public Law 116–260 ) and the programs described under this section in the report accompanying this Act. Section 7031(c) of this Act shall be applied to officials of the Government of the People’s Republic of China and other governments in the South Asia region about whom the Secretary of State has credible information have been involved in a gross violation of human rights in the Tibet Autonomous Region or other Tibetan communities in the PRC and the region. 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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