Pub. L. 111-8, div. H, tit. VII, sec. 7071
asia
asiaSec. 7071. (a) Tibet.—(1) The Secretary of the Treasury should instruct the United States executive director to each international financial institution to use the voice and vote of the United States to support 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) Notwithstanding any other provision of law, not less than $7,300,000 of the funds appropriated by this Act under the heading “Economic Support Fund” should be made available to nongovernmental organizations to support activities which 123 STAT. 903 preserve cultural traditions and promote sustainable development and environmental conservation in Tibetan communities in the Tibetan Autonomous Region and in other Tibetan communities in China.(b) Burma.—(1) The Secretary of the Treasury shall instruct the United States executive director to each appropriate international financial institution in which the United States participates, to oppose and vote against the extension by such institution any loan or financial or technical assistance or any other utilization of funds of the respective bank to and for Burma.(2) Of the funds appropriated by this Act under the heading “Economic Support Fund”, not less than $15,000,000 shall be made available to support democracy activities in Burma, along the Burma-Thailand border, for activities of Burmese student groups and other organizations located outside Burma, and for the purpose of supporting the provision of humanitarian assistance to displaced Burmese along Burma’s borders: Provided, That such funds may be made available notwithstanding any other provision of law: Provided further, That in addition to assistance for Burmese refugees provided under the heading “Migration and Refugee Assistance” in this Act, not less than $4,000,000 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: Provided further, That funds made available under this paragraph shall be subject to the regular notification procedures of the Committees on Appropriations.(c) Indonesia.—(1) Of the funds appropriated by this Act under the heading “Foreign Military Financing Program”, not to exceed $15,700,000 shall be made available for assistance for Indonesia, of which $2,000,000 shall be made available only after the Secretary of State submits to the Committees on Appropriations the report on Indonesia detailed in the explanatory statement described in section 4 (in the matter preceding division A of this consolidated Act) under such heading.(2) Of the funds appropriated by this Act under the heading “Economic Support Fund” that are available for assistance for Indonesia, not less than $300,000 should be made available for grants for capacity building of Indonesian human rights organizations, including in Papua.(d) Cambodia.—Funds appropriated under the heading “Economic Support Fund” in this Act for assistance for Cambodia may be used for an endowment, and shall be made available to strengthen the capacity of the Government of Cambodia to combat human trafficking, notwithstanding any other provision of law.(e) North Korea.—(1) Funds made available under the heading “Migration and Refugee Assistance” in this Act shall be made available for assistance for refugees from North Korea.(2) Of the funds made available under the heading “International Broadcasting Operations” in title I of this Act, not less than $8,000,000 shall be made available for broadcasts into North Korea.(3) None of the funds made available under the heading “Economic Support Fund” in fiscal year 2009 may be made 123 STAT. 904 available for obligation for energy-related assistance for North Korea unless the Secretary of State determines and reports to the Committees on Appropriations that North Korea is continuing to fulfill its commitments under the Six Party Talks agreements.(f) People’s Republic of China.—(1) Notwithstanding any other provision of law and subject to the regular notification procedures of the Committees on Appropriations, of the funds appropriated under the heading “Development Assistance” in this Act, not less than $11,000,000 shall be made available to United States educational institutions and nongovernmental organizations for programs and activities in the People’s Republic of China relating to the environment, governance and the rule of law.(2) None of the funds appropriated under the heading “Diplomatic and Consular 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 unless, at least 15 days in advance, the Committees on Appropriations are notified of such proposed action. (3) Not later than 180 days after enactment of this Act, the Secretary of State shall submit a report to the Committees on Appropriations detailing, to the extent practicable, the amount of assistance provided by the People’s Republic of China to governments and entities in Latin America and Africa during the previous calendar year, and shall make such report publicly available in a timely manner on the website of the Department of State and the United States Agency for International Development in English and Mandarin. (4) Of the funds appropriated under the heading “Diplomatic and Consular Programs” in this Act, $1,000,000 shall be made available to the Bureau of International Information Programs to disseminate information, in Mandarin, in the People’s Republic of China: Provided, That such information shall include issues of governance, transparency, corruption, rule of law, and the environment, and the findings of the report required by paragraph (3) of this subsection, and shall be disseminated through the Internet, text messaging or other means, and directed to economically depressed areas of the People’s Republic of China: Provided further, That such funds are in addition to funds otherwise made available for such purposes: Provided further, That the Department of State shall consult with the Committees on Appropriations prior to the initial obligation of funds made available by this subsection.(5) 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 People’s Republic of China, 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.123 STAT. 905(g) Philippines.—Of the funds appropriated by this Act under the heading “Foreign Military Financing Program”, not to exceed $30,000,000 may be made available for assistance for the Philippines, of which $2,000,000 may not be obligated until the Secretary of State reports in writing to the Committees on Appropriations that—(1) the Government of the Philippines is taking effective steps to implement the recommendations of the United Nations Special Rapporteur on Extra-judicial, Summary or Arbitrary Executions, to include prosecutions and convictions for extrajudicial executions; sustaining the decline in the number of extra-judicial executions; addressing allegations of a death squad in Davao City; and strengthening government institutions working to eliminate extra-judicial executions;(2) the Government of the Philippines is implementing a policy of promoting military personnel who demonstrate professionalism and respect for internationally recognized human rights, and is investigating and prosecuting military personnel and others who have been credibly alleged to have violated such rights; and(3) the Philippine Armed Forces do not have a policy of, and are not engaging in, acts of intimidation or violence against members of legal organizations who advocate for human rights.(h) Vietnam.—Notwithstanding any other provision of law, funds appropriated under the heading “Development Assistance” in this Act may be made available for programs and activities in the central highlands of Vietnam, and shall be made available for environmental remediation and related health activities in Vietnam.