177 
except for health and education, unless the Secretary 
of State certifies and reports as required in para-
graph (1), and funds may be made available for 
macroeconomic growth assistance if the Secretary 
reports to the Committees on Appropriations that 
such government is implementing transparent fiscal 
policies, including public disclosure of revenues from 
the extraction of natural resources. 
EAST ASIA AND THE PACIFIC 
SEC. 7043. 
(a) BURMA.— 
(1) BILATERAL ECONOMIC ASSISTANCE.— 
(A) Funds appropriated by this Act under 
the heading ‘‘Economic Support Fund’’ for as-
sistance for Burma may be made available not-
withstanding any other provision of law, except 
for this subsection, and following consultation 
with the appropriate congressional committees. 
(B) Funds appropriated under title III of 
this Act for assistance for Burma— 
(i) 
shall 
be 
made 
available 
to 
strengthen civil society organizations in 
Burma and for programs to strengthen 
independent media; 
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(ii) shall be made available for com-
munity-based organizations operating in 
Thailand to provide food, medical, and 
other humanitarian assistance to internally 
displaced persons in eastern Burma, in ad-
dition to assistance for Burmese refugees 
from funds appropriated by this Act under 
the heading ‘‘Migration and Refugee As-
sistance’’; 
(iii) shall be made available for pro-
grams to promote ethnic and religious tol-
erance, including in Rakhine and Kachin 
states; 
(iv) shall be made available to pro-
mote 
rural 
economic 
development 
in 
Burma, including through microfinance 
and sustainable power generation pro-
grams; 
(v) shall be made available to increase 
opportunities for foreign direct investment 
by strengthening the rule of law, trans-
parency, and accountability; 
(vi) may not be made available to any 
individual or organization if the Secretary 
of State has credible information that such 
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179 
individual or organization has committed a 
gross violation of human rights, including 
against Rohingya and other minority 
groups, or that advocates violence against 
ethnic or religious groups and individuals 
in Burma; 
(vii) may not be made available to any 
organization or entity controlled by the 
military of Burma; and 
(viii) may be made available for pro-
grams administered by the Office of Tran-
sition Initiatives, United States Agency for 
International 
Development, 
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 representa-
tives of ethnic armed groups for this pur-
pose. 
(2) INTERNATIONAL SECURITY ASSISTANCE.— 
None of the funds appropriated by this Act under 
the headings ‘‘International Military Education and 
Training’’ and ‘‘Foreign Military Financing Pro-
gram’’ may be made available for assistance for 
Burma: Provided, That the Department of State 
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180 
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 con-
gressional committees. 
(3) PROGRAMS, POSITION, AND RESPONSIBIL-
ITIES.— 
(A) Any new program or activity in Burma 
initiated in fiscal year 2017 shall be subject to 
prior consultation with the appropriate congres-
sional committees. 
(B) Section 7043(b)(7) of the Department 
of State, Foreign Operations, and Related Pro-
grams Appropriations Act, 2015 (division J of 
Public Law 113–235) shall continue in effect 
during fiscal year 2018. 
(b) CAMBODIA.— 
(1) CONDITIONS ON ASSISTANCE.—Of the funds 
appropriated in title IV of this Act that are made 
available for assistance for the central Government 
of Cambodia, 25 percent shall be withheld from obli-
gation until the Secretary of State certifies and re-
ports to the Committees on Appropriations that such 
government— 
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181 
(A) is taking effective steps to strengthen 
regional security and stability, particularly re-
garding territorial disputes in the South China 
Sea; 
(B) has ceased efforts to intimidate civil 
society and the political opposition in Cam-
bodia, is credibly investigating the murder of 
social and political activists, and is taking ac-
tions to address the concerns detailed in the 
September 14, 2016 United Nations Human 
Rights Situation in Cambodia—Joint State-
ment; and 
(C) is supporting the conduct of free and 
fair elections in Cambodia through a non-par-
tisan election commission; fair election proc-
esses; credible post-election dispute resolution 
mechanisms; open and inclusive participation, 
to include the return of exiled former opposition 
leaders; and respect for freedoms of assembly 
and speech. 
(2) KHMER ROUGE TRIBUNAL.—Funds appro-
priated by this Act that are made available for as-
sistance for Cambodia may only be made available 
for a contribution to the Extraordinary Chambers in 
the Court of Cambodia if the Secretary of State cer-
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tifies and reports to the appropriate congressional 
committees that such contribution is in the national 
interest of the United States and will support the 
prosecution and punishment of individuals respon-
sible for genocide in Cambodia in a credible manner. 
(c) NORTH KOREA.— 
(1) 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. 
(2) REFUGEES.—Funds appropriated by this 
Act under the heading ‘‘Migration and Refugee As-
sistance’’ should be made available for assistance for 
refugees from North Korea, including protection ac-
tivities in the People’s Republic of China and other 
countries in Asia. 
(3) 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. 
(d) PEOPLE’S REPUBLIC OF CHINA.— 
(1) LIMITATION ON USE OF FUNDS.—None of 
the funds appropriated under the heading ‘‘Diplo-
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183 
matic 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 (PRC) unless, at 
least 15 days in advance, the Committees on Appro-
priations 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 assist-
ance 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 avail-
able 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) COUNTER INFLUENCE PROGRAMS.—Funds 
appropriated by this Act for public diplomacy under 
title I and for assistance under titles III and IV 
shall be made available to counter the influence of 
the PRC, in accordance with the strategy required 
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184 
by section 7043(e)(3) of the Department of State, 
Foreign Operations, and Related Programs Appro-
priations Act, 2014 (division K of Public Law 113– 
76), following consultation with the Committees on 
Appropriations. 
(4) PROHIBITION.— 
(A) None of the funds appropriated by this 
Act under the headings ‘‘Global Health Pro-
grams’’, ‘‘Development Assistance’’, and ‘‘Eco-
nomic Support Fund’’ may be made available 
for assistance for the Government of the Peo-
ple’s Republic of China. 
(B) The limitation of subparagraph (A) 
shall not apply to assistance described in para-
graph (2) of subsection (f) of this section and 
for programs to detect, prevent, and treat infec-
tious disease. 
(e) PHILIPPINES.—Prior to the initial obligation of 
funds appropriated by this Act for assistance for the Phil-
ippines, but not later than 180 days after enactment of 
this Act, the Secretary of State shall submit a report to 
the Committees on Appropriations, which shall include the 
information required under this section in the report ac-
companying this Act. 
(f) TIBET.— 
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(1) FINANCING OF PROJECTS IN TIBET.—The 
Secretary of the Treasury should instruct the United 
States executive director of each international finan-
cial 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 Ti-
betan land and natural resources to non-Tibetans, 
are based on a thorough needs-assessment, foster 
self-sufficiency of the Tibetan people and respect Ti-
betan culture and traditions, and are subject to ef-
fective monitoring. 
(2) PROGRAMS FOR TIBETAN COMMUNITIES.— 
(A) Notwithstanding any other provision of 
law, funds appropriated by this Act under the 
heading ‘‘Economic Support Fund’’ shall be 
made available to nongovernmental organiza-
tions to support activities which preserve cul-
tural traditions and promote sustainable devel-
opment, education, and environmental conserva-
tion in Tibetan communities in the Tibetan Au-
tonomous Region and in other Tibetan commu-
nities in China. 
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(B) Funds appropriated by this Act under 
the heading ‘‘Economic Support Fund’’ shall be 
made available for programs to promote and 
preserve Tibetan culture, development, and the 
resilience of Tibetan communities in India and 
Nepal, and to assist in the education and devel-
opment of the next generation of Tibetan lead-
ers from such communities: Provided, That 
such funds are in addition to amounts made 
available in subparagraph (A) for programs in-
side Tibet. 
SOUTH AND CENTRAL ASIA 
SEC. 7044. (a) AFGHANISTAN.— 
(1) PERSONNEL REPORT.—Not later than 30 
days after enactment of this Act and every 120 days 
thereafter until September 30, 2019, the Secretary 
of State shall submit a report, in classified form if 
necessary, to the appropriate congressional commit-
tees detailing by agency the number of personnel 
present in Afghanistan under Chief of Mission au-
thority per section 3927 of title 22, United States 
Code, at the end of the 120 day period preceding the 
submission of such report: Provided, That such re-
port shall also include the number of locally em-
ployed staff and contractors supporting United 
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187 
States Embassy operations in Afghanistan during 
the reporting period. 
(2) ASSISTANCE AND CONDITIONS.— 
(A) FUNDING AND LIMITATIONS.—Funds 
appropriated by this Act under the headings 
‘‘Economic Support Fund’’ and ‘‘International 
Narcotics Control and Law Enforcement’’ may 
be made available for assistance for Afghani-
stan: Provided, That such funds may not be ob-
ligated for any project or activity that— 
(i) includes the participation of any 
Afghan individual or organization, includ-
ing government entity, that the Secretary 
of State determines to be involved in cor-
rupt practices, illicit narcotics production 
or trafficking, or a violation of human 
rights; 
(ii) cannot be sustained, as appro-
priate, by the Government of Afghanistan 
or another Afghan entity; 
(iii) is not regularly accessible for the 
purposes of conducting effective oversight 
in accordance with applicable Federal stat-
utes and regulations; 
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