H. R. 3288—354 
human rights investigation and humanitarian teams of 
the United Nations, including protection officers, and an 
international monitoring team that is based in Darfur and 
has the support of the United States. 
(3) The provisions of subsection (f)(1) shall not apply to— 
(A) humanitarian assistance; 
(B) assistance for the Darfur region, Southern Sudan, 
Southern Kordofan/Nuba Mountains State, Blue Nile State, 
and Abyei; and 
(C) assistance to support implementation of the Com-
prehensive Peace Agreement and the Darfur Peace Agree-
ment or any other internationally-recognized viable peace 
agreement in Sudan. 
(4) For the purposes of this Act, the term ‘‘Government 
of Sudan’’ shall not include the Government of Southern Sudan. 
(5) Notwithstanding any other provision of law, assistance 
in this Act may be made available to the Government of 
Southern Sudan to provide non-lethal military assistance, mili-
tary education and training, and defense services controlled 
under the International Traffic in Arms Regulations (22 CFR 
120.1 et seq.) if the Secretary of State— 
(A) determines that the provision of such items is 
in the national interest of the United States; and 
(B) not later than 15 days before the provision of 
any such assistance, notifies the Committees on Appropria-
tions of such determination. 
(g) SOUTHERN SUDAN.—The Secretary of State shall seek to 
obtain regular audits of the financial accounts of the Government 
of Southern Sudan to ensure transparency and accountability of 
funds, including revenues from the extraction of oil and gas, and 
the public disclosure of such audits in a timely manner: Provided, 
That in determining amounts and types of United States assistance 
to make available to the Government of Southern Sudan, the Sec-
retary shall consider the extent to which such government is 
ensuring transparency and accountability of funds: Provided further, 
That the Secretary shall, as appropriate, assist the Government 
of Southern Sudan in conducting such audits, and shall submit 
a report not later than 90 days after enactment of this Act to 
the Committees on Appropriations detailing the steps that will 
be taken by the Government of Southern Sudan to improve resource 
management and ensure transparency and accountability of funds. 
(h) WAR CRIMES IN AFRICA.— 
(1) The Congress reaffirms its support for the efforts of 
the International Criminal Tribunal for Rwanda (ICTR) and 
the Special Court for Sierra Leone (SCSL) to bring to justice 
individuals responsible for war crimes and crimes against 
humanity in a timely manner. 
(2) Funds appropriated by this Act, including funds for 
debt restructuring, may be made available for assistance for 
the central government of a country in which individuals 
indicted by ICTR and SCSL are credibly alleged to be living, 
if the Secretary of State determines and reports to the Commit-
tees on Appropriations that such government is cooperating 
with ICTR and SCSL, including the surrender and transfer 
of indictees in a timely manner: Provided, That this subsection 
shall not apply to assistance provided under section 551 of 
the Foreign Assistance Act of 1961 or to project assistance
H. R. 3288—355 
under title VI of this Act: Provided further, That the United 
States shall use its voice and vote in the United Nations Secu-
rity Council to fully support efforts by ICTR and SCSL to 
bring to justice individuals indicted by such tribunals in a 
timely manner. 
(3) The prohibition in subsection (2) may be waived on 
a country-by-country basis if the President determines that 
doing so is in the national security interest of the United 
States: Provided, That prior to exercising such waiver authority, 
the President shall submit a report to the Committees on 
Appropriations, in classified form if necessary, on— 
(A) the steps being taken to obtain the cooperation 
of the government in surrendering the indictee in question 
to the court of jurisdiction; 
(B) a strategy, including a timeline, for bringing the 
indictee before such court; and 
(C) the justification for exercising the waiver authority. 
(i) ZIMBABWE.— 
(1) The Secretary of the Treasury shall instruct the United 
States executive director to each international financial institu-
tion to vote against any extension by the respective institution 
of any loans to the Government of Zimbabwe, except to meet 
basic human needs or to promote democracy, unless the Sec-
retary of State determines and reports in writing to the 
Committees on Appropriations that the rule of law has been 
restored in Zimbabwe, including respect for ownership and 
title to property, freedom of speech and association. 
(2) None of the funds appropriated by this Act shall be 
made available for assistance for the central government of 
Zimbabwe, except for macroeconomic growth assistance, unless 
the Secretary of State makes the determination pursuant to 
paragraph (1). 
ASIA 
SEC. 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 $7,400,000 of the funds appropriated by this Act under 
the heading ‘‘Economic Support Fund’’ should be made available 
to nongovernmental organizations to support activities which 
preserve cultural traditions and promote sustainable develop-
ment 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
H. R. 3288—356 
financial institution in which the United States participates, 
to oppose and vote against the extension by such institution 
of 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 $36,500,000 shall be 
made available for assistance for Burma: Provided, That such 
assistance shall be made available only to support democracy 
and humanitarian programs and activities in Burma, programs 
and activities along the Burma-Thailand border, programs and 
activities involving Burmese student groups and other organiza-
tions located outside Burma, and humanitarian assistance for 
displaced Burmese along Burma’s borders: Provided further, 
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 per-
sons in eastern Burma. 
(3) Funds made available under paragraph (2) for any 
new program, project or activity shall be subject to prior con-
sultation with the Committees on Appropriations and all such 
funds made available under paragraph (2) shall be subject 
to the regular notification procedures of such Committees: Pro-
vided, That when implementing activities with funds appro-
priated by this Act for assistance for Burma, the implementing 
agency shall only support activities that are consistent with 
the principles and goals of the National League for Democracy 
in Burma. 
(c) CAMBODIA.—Funds made available in this Act for a United 
States contribution to a Khmer Rouge tribunal may only be made 
available if the Secretary of State certifies to the Committees on 
Appropriations that the United Nations and the Government of 
Cambodia are taking credible steps to address allegations of corrup-
tion and mismanagement within the tribunal. 
(d) INDONESIA.— 
(1) Of the funds appropriated by this Act under the heading 
‘‘Foreign 
Military 
Financing 
Program’’, 
not 
to 
exceed 
$20,000,000 shall be made available for assistance for Indo-
nesia, of which $2,000,000 is withheld from obligation until 
the Secretary of State submits to the Committees on Appropria-
tions the report on Indonesia detailed under such heading 
in the joint explanatory statement accompanying this Act. 
(2) Of the funds appropriated by this Act under the heading 
‘‘Economic Support Fund’’ that are available for assistance for 
Indonesia, not less than $400,000 should be made available 
for grants for capacity building of Indonesian human rights 
organizations, including in Papua. 
(e) NEPAL.— 
(1) Funds appropriated by this Act under the heading ‘‘For-
eign Military Financing Program’’ may be made available for 
assistance for Nepal if the Secretary of State certifies to the 
Committees on Appropriations that the Nepal Army is—
H. R. 3288—357 
(A) cooperating fully with investigations and prosecu-
tions by civilian judicial authorities of violations of inter-
nationally recognized human rights; and 
(B) working constructively to redefine the Nepal Army’s 
mission and adjust its size accordingly, implement reforms 
including strengthening the capacity of the civilian ministry 
of defense to improve budget transparency and account-
ability, and facilitate the integration of former rebel 
combatants into the security forces including the Nepal 
Army, consistent with the goals of reconciliation, peace 
and stability. 
(2) The conditions in paragraph (1) shall not apply to 
assistance to support the deployment of members of the Nepal 
Army in humanitarian relief and reconstruction operations in 
Nepal. 
(f) NORTH KOREA.— 
(1) Funds appropriated 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 ‘‘Inter-
national Broadcasting Operations’’ in title I of this Act, up 
to $8,000,000 should be made available for broadcasts into 
North Korea. 
(3) Of the funds appropriated by this Act under the heading 
‘‘Economic Support Fund’’, $3,500,000 shall be made available 
for democracy, human rights, and governance programs for 
North Korea. 
(4) None of the funds made available by this Act under 
the heading ‘‘Economic Support Fund’’ may be made available 
for energy-related assistance for North Korea. 
(5) Funds made available by this Act under the heading 
‘‘Economic Support Fund’’ for assistance for countries in the 
North Asia region may be made available for programs and 
activities pursuant to section 4 of Public Law 108–333, as 
amended, and subject to the regular notification procedures 
of the Committees on Appropriations: Provided, That for the 
purposes of this subsection, such programs and activities shall 
be considered democracy promotion. 
(6) Not later than 45 days after enactment of this Act, 
the Secretary of State shall report to the Committees on Appro-
priations the amount the Secretary determines the Government 
of North Korea owes the Government of the United States 
for the unsupervised distribution of food assistance provided 
by the United States: Provided, That the Secretary of State 
should reduce any assistance made available to the Government 
of North Korea by such amount, unless the Secretary reports 
to the Committees on Appropriations that the Government 
of North Korea provided such food assistance to eligible recipi-
ents as intended, or that North Korea has reimbursed the 
Government of the United States for the costs of such food 
assistance: Provided further, That the previous proviso shall 
not apply to programs and activities that promote human 
rights, democracy, rule of law, and to humanitarian assistance. 
(g) PEOPLE’S REPUBLIC OF CHINA.— 
(1) None of the funds appropriated under the heading ‘‘Dip-
lomatic and Consular Programs’’ in this Act may be obligated 
or expended for processing licenses for the export of satellites