Sec. 7043. east asia and the pacific

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## SEC. 7043 east asia and the pacific ###

(a)Burma ####

(1)Bilateral economic assistance #####

(A)Of the funds appropriated under title III and under the heading “International Narcotics Control and Law Enforcement” of this Act, not less than $134,950,000 shall be made available for assistance for Burma: * Provided*, That such funds may be made available notwithstanding any other provision of law and following consultation with the appropriate congressional committees: * Provided further*, That such funds shall be made available for programs to promote ethnic and religious tolerance and to combat gender-based violence, including in Kachin, Karen, Rakhine, and Shan states: * Provided further*, That such funds shall be made available for programs to strengthen media and civil society organizations: * Provided further*, That such funds 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. #####

(B)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. #####

(C)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. ####

(2)International security assistance 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. ####

(3)Limitations 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. ####

(4)Consultation Any new program or activity in Burma initiated in fiscal year 2021 shall be subject to prior consultation with the appropriate congressional committees. ###

(b)Cambodia ####

(1)Assistance Of the funds appropriated under title III of this Act, not less than $85,505,000 shall be made available for assistance for Cambodia. ####

(2)Certification and exceptions #####

(A)Certification 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— ######

(i)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; ######

(ii)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 Dara Sakor development project; ######

(iii)cease violence and harassment against civil society and the political opposition in Cambodia, and dismiss any politically motivated criminal charges against those who criticize the government; and ######

(iv)respect the rights, freedoms, and responsibilities enshrined in the Constitution of the Kingdom of Cambodia as enacted in 1993. #####

(B)Exceptions 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. ####

(3)Uses of funds Funds appropriated under title III of this Act for assistance for Cambodia shall be made available for— #####

(A)research and education programs associated with the Khmer Rouge in Cambodia; and #####

(B)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. ###

(c)Indo-Pacific Strategy and the Asia Reassurance Initiative Act of 2018 ####

(1)Assistance Of the funds appropriated under titles III and IV of this Act, not less than $1,482,000,000 shall be made available to support implementation of the Indo-Pacific Strategy and the Asia Reassurance Initiative Act of 2018 (Public Law 115-409). ####

(2)Countering chinese influence fund 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 Chinese Influence Fund to counter the malign 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: * Provided*, That such funds are in addition to amounts otherwise made available for such purposes: * Provided further*, That such funds appropriated under such headings may be transferred to, and merged with, funds appropriated under such headings: * Provided further*, 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. ####

(3)Restriction on uses of funds 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— #####

(A)the Belt and Road Initiative or any dual-use infrastructure projects of the People’s Republic of China; and #####

(B)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. ###

(d)Laos Of the funds appropriated under titles III and IV of this Act, not less than $80,930,000 shall be made available for assistance for Laos. ###

(e)North Korea ####

(1)Cybersecurity 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: * Provided*, That 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: * Provided further*, 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. ####

(2)Broadcasts 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. ####

(3)Human rights 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. ####

(4)Limitation on use of 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. ###

(f)People’s Republic of China ####

(1)Limitation on use of funds 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. ####

(2)People’s liberation army 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: * Provided*, 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. ####

(3)Hong kong #####

(A)Democracy programs Of the funds appropriated by this Act under the first paragraph under the heading “Democracy Fund”, not less than $3,000,000 shall be made available for democracy and Internet freedom programs for Hong Kong, including legal and other support for democracy activists. #####

(B)Restrictions on assistance 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. #####

(C)Report 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), which shall include the information described in 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) and under this paragraph in the explanatory statement described in section 4 (in the matter preceding division A of this consolidated Act). ####

(4)Uyghurs and other muslim minorities The determination described under this heading in the explanatory statement described in section 4 (in the matter preceding division A of this consolidated Act) shall be submitted to the appropriate congressional committees not later than 90 days after enactment of this Act. ####

(5)Clarification 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 programs in the People’s Republic of China may be used to counter the impact of Chinese influence and investments in the Greater Mekong Subregion, following consultation with the Committees on Appropriations. ###

(g)Philippines 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. ###

(h)Tibet ####

(1)Financing of projects in tibet 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. ####

(2)Programs for tibetan communities #####

(A)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. #####

(B)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. #####

(C)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. ###

(i)Vietnam Of the funds appropriated under titles III and IV of this Act, not less than $169,739,000 shall be made available for assistance for Vietnam, of which not less than— ####

(1)$14,500,000 shall 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; ####

(2)$19,000,000 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; and ####

(3)$2,500,000 shall be made available for a war legacy reconciliation program.

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