Sec. 7043. east asia and the pacific

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

(a)Burma ####

(1)Uses of funds Of the funds appropriated by this Act, not less than $136,127,000 shall be made available for assistance for Burma, which— #####

(A)may be made available notwithstanding any other provision of law and following consultation with the appropriate congressional committees; #####

(B)may be made available for support for the administrative operations and programs of the entities listed under this subsection in the explanatory statement described in section 4 (in the matter preceding division A of this consolidated Act) and other 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; #####

(C)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; #####

(D)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 #####

(E)shall be made available for programs and activities to investigate and document violations of human rights in Burma committed by the military junta. ####

(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. ####

(3)Limitations 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. ####

(4)Consultation Any new program or activity in Burma initiated in fiscal year 2022 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 $82,505,000 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, 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 ######

(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, documentation, 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 $1,605,105,000 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 prc 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 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: * Provided*, That such funds are in addition to amounts otherwise made available for such purposes: * Provided further*, 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 accordance with the guidance contained in the explanatory statement described in section 4 (in the matter preceding division A of this consolidated Act): * Provided further*, That prior to the initial obligation of such funds, the Secretary of State and USAID Administrator shall consult with the Committees on Appropriations: * Provided further*, That funds appropriated by this Act for such Fund under the headings “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: * 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. ####

(4)Maps 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. ###

(d)Laos 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, of which not less than $1,500,000 should be made available for health and disability programs to assist persons with severe physical mobility, cognitive, or developmental disabilities that may be related to the use of Agent Orange and exposure to dioxin: * Provided*, That funds made available pursuant to this subsection may be used for assessments to determine the existence of dioxin contamination resulting from the use of Agent Orange in Laos and the feasibility and cost of remediation. ###

(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 $4,000,000 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 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. ###

(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: * Provided*, That not later than 45 days after enactment of this Act, the Secretary of State shall update the report required under this heading in Senate Report 116-126 and indicate how the findings in such report are reflected in United States assistance for the armed forces of the Philippines. ###

(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 $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. #####

(B)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: * 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. ####

(3)Tibetan institutes promoting democracy and religious freedom Funds appropriated by this Act that are made available for the Countering PRC Influence Fund shall be made available, on a competitive basis, as grants for operations and program expenses of one or more Tibetan institutes established by Tibetan nationals and located in Asia, a purpose of which is to support democracy and religious freedom in Tibet and the People’s Republic of China: * Provided*, That such funds shall be the responsibility of the Assistant Secretary of State for Democracy, Human Rights, and Labor in coordination with the United States Special Coordinator for Tibetan Issues, and shall be in addition to funds otherwise made available for such purposes. ###

(i)Vietnam Of the funds appropriated under titles III and IV of this Act, not less than $181,000,000 shall be made available for assistance for Vietnam, of which not less than— ####

(1)$15,000,000 shall be made available for health and disability programs to assist persons with severe physical mobility, cognitive, or developmental disabilities : *Provided,* That such funds shall be prioritized to assist persons whose disabilities may be related to the use of Agent Orange and exposure to dioxin; ####

(2)$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)$2,000,000 shall be made available for a Reconciliation/Vietnamese Wartime Accounting Initiative; and ####

(4)$15,000,000 shall be made available for higher education programs.

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