[Congressional Bills 107th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2368 Introduced in House (IH)]







107th CONGRESS
  1st Session
                                H. R. 2368

             To promote freedom and democracy in Viet Nam.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             June 28, 2001

 Mr. Smith of New Jersey (for himself, Mr. Tom Davis of Virginia, Ms. 
  Sanchez, Mr. Rohrabacher, Ms. Lofgren, Mr. Royce, Mr. Wolf, and Mr. 
   Gilman) introduced the following bill; which was referred to the 
Committee on International Relations, and in addition to the Committees 
   on Financial Services, and Rules, for a period to be subsequently 
   determined by the Speaker, in each case for consideration of such 
 provisions as fall within the jurisdiction of the committee concerned

_______________________________________________________________________

                                 A BILL


 
             To promote freedom and democracy in Viet Nam.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

    (a) Short Title.--This Act may be cited as the ``Viet Nam Human 
Rights Act''.
    (b) Table of Contents.--The table of contents for this Act is as 
follows:

Sec. 1. Short title; table of contents.
Sec. 2. Findings.
Sec. 3. Purpose.
        TITLE I--CONGRESSIONAL-EXECUTIVE COMMISSION ON VIET NAM

Sec. 101. Establishment of Congressional-Executive Commission on Viet 
                            Nam.
Sec. 102. Functions of the Commission.
Sec. 103. Membership of the Commission.
Sec. 104. Votes of the Commission.
Sec. 105. Expenditure of appropriations.
Sec. 106. Testimony of witnesses, production of evidence; issuance of 
                            subpoenas; administration of oaths.
Sec. 107. Appropriations for the Commission.
Sec. 108. Staff of the Commission.
Sec. 109. Printing and binding costs.
        TITLE II--PROMOTION OF FREEDOM AND DEMOCRACY IN VIET NAM

Subtitle A--Prohibition on Nonhumanitarian Assistance to the Government 
                              of Viet Nam

Sec. 201. Bilateral nonhumanitarian assistance.
Sec. 202. Multilateral nonhumanitarian assistance.
        Subtitle B--Assistance to Support Democracy in Viet Nam

Sec. 211. Assistance.
               Subtitle C--United States Public Diplomacy

Sec. 221. Radio Free Asia transmissions to Viet Nam.
Sec. 222. United States educational and cultural exchange programs with 
                            Viet Nam.
                Subtitle D--United States Refugee Policy

Sec. 232. Refugee resettlement for nationals of Viet Nam.

SEC. 2. FINDINGS.

    Congress finds the following:
            (1) Viet Nam is a one-party state, ruled and controlled by 
        the Vietnamese Communist Party.
            (2) The Government of Viet Nam denies the people of Viet 
        Nam the right to change their government and prohibits 
        independent political, social, and labor organizations.
            (3)(A) The Government of Viet Nam consistently pursues a 
        policy of harassment, discrimination, and intimidation, and 
        sometimes of imprisonment and other forms of detention, against 
        those who peacefully express dissent from government or party 
        policy.
            (B) Recent victims of such mistreatment, which violates the 
        rights to freedom of expression and association recognized in 
        the Universal Declaration of Human Rights, include Dr. Nguyen 
        Dan Que, Dr. Nguyen Thanh Giang, General Tran Do, Most 
        Venerable Thich Huyen Quang, Most Venerable Thich Quang Do, 
        Father Nguyen Van Ly, numerous leaders of the Hoa Hao Buddhist 
        Church and of independent Protestant churches, and an 
        undetermined number of members of the Montagnard ethnic 
        minority groups who participated in peaceful demonstrations in 
        the Central Highlands of Viet Nam during February 2001.
            (4) The Government of Viet Nam systematically deprives its 
        citizens of the fundamental right to freedom of religion. 
        Although some freedom of worship is permitted, believers are 
        forbidden to participate in religious activities except under 
        circumstances rigidly defined and controlled by the government:
                    (A) In 1999 the Government issued a Decree 
                Concerning Religious Activities, which declared in 
                pertinent part that ``[a]ll activities using religious 
                belief in order to oppose the State of the Socialist 
                Republic of Viet Nam, to prevent the believers from 
                carrying out civic responsibilities, to sabotage the 
                union of all the people, to against the healthy culture 
                of our nation, as well as superstitious activities, 
                will be punished in conformity with the law''.
                    (B) The Unified Buddhist Church of Viet Nam (UCBV), 
                the largest religious denomination in the country, has 
                been declared illegal by the Government, and over the 
                last twenty-five years its clergy have often been 
                imprisoned and subjected to other forms of persecution. 
                The Patriarch of the Unified Buddhist Church, 83-year-
                old Most Venerable Thich Huyen Quang, has been detained 
                for 21 years in a ruined temple in an isolated area of 
                central Viet Nam. Most Venerable Thich Quang Do, the 
                Executive President of the Unified Buddhist Church, has 
                also been in various forms of detention for many years, 
                and was recently rearrested and placed under house 
                arrest after he had proposed to bring Most Venerable 
                Thich Huyen Quang to Saigon for medical treatment.
                    (C) The Hoa Hao Buddhist Church was also declared 
                to be illegal until 1999, when the Government 
                established an organization which purports to govern 
                the Hoa Hao. According to the United States Commission 
                on International Religious Freedom, ``[t]his 
                organization is made up almost entirely of Communist 
                Party members and apparently is not recognized as 
                legitimate by the vast majority of Hoa Haos . . . 
                [n]evertheless, [this government-sponsored 
                organization] has sought to control all Hoa Hao 
                religious activity, particularly at the Hoa Hao 
                village, which is the center of Hoa Hao religious 
                life''. Hoa Hao believers who do not recognize the 
                legitimacy of the government organization are denied 
                the right to visit the Hoa Hao village, to conduct 
                traditional religious celebrations, or to display Hoa 
                Hao symbols. Many have been arrested and subjected to 
                administrative detention, and several Hoa Hao have been 
                sentenced to prison terms for protesting these denials 
                of religious freedom.
                    (D) Independent Protestants, most of whom are 
                members of ethnic minority groups, are subjected to 
                particularly harsh treatment by  the Government of Viet 
Nam. According to the United States Commission on International 
Religious Freedom, such treatment includes ``police raids on homes and 
house churches, detention, imprisonment, confiscation of religious and 
personal property, physical and psychological abuse, and fines for 
engaging in unapproved religious activities (such as collective 
worship, public religious expression and distribution of religious 
literature, and performing baptisms, marriages, or funeral services) . 
. . [i]n addition, it is reported that ethnic Hmong Protestants have 
been forced by local officials to agree to abandon their faith''.
                    (E) Other religious organizations, such as the 
                Catholic Church, are formally recognized by the 
                Government but are subjected to pervasive regulation 
                which violates the right to freedom of religion. For 
                instance, the Catholic Church is forbidden to appoint 
                its own bishops without Government consent, which is 
                frequently denied, to accept seminarians without 
                specific official permission, and to profess Catholic 
                doctrines which are inconsistent with Government 
                policy. A Catholic priest, Father Nguyen Van Ly, was 
                arrested in March 2001 and remains in detention after 
                submitting written testimony to the United States 
                Commission on International Religious Freedom.
                    (F) The Government has also confiscated numerous 
                churches, temples, and other properties belonging to 
                religious organizations. The vast majority of these 
                properties--even those belonging to religious 
                organizations formally recognized by the Government--
                have never been returned.
            (5) Since 1975 the Government of Viet Nam has persecuted 
        veterans of the Army of the Republic of Viet Nam and other 
        Vietnamese who had opposed the Viet Cong insurgency and the 
        North Vietnamese invasion of South Viet Nam. Such persecution 
        typically included substantial terms in ``re-education camps'', 
        where detainees were often subjected to torture and other forms 
        of physical abuse, and in which many died. Re-education camp 
        survivors and their families were often forced into internal 
        exile in ``New Economic Zones''. Many of these former allies of 
        the United States, as well as members of their families, 
        continue until the present day to suffer various forms of 
        harassment and discrimination, including denial of basic social 
        benefits and exclusion from higher education and employment.
            (6)(A) The Government of Viet Nam has been particularly 
        harsh in its treatment of members of the Montagnard ethnic 
        minority groups of the Central Highlands of Viet Nam, who were 
        the first line in the defense of South Viet Nam against 
        invasion from the North and who fought courageously beside 
        members of the Special Forces of the United States Army, 
        suffering disproportionately heavy casualties, and saving the 
        lives of many of their American and Vietnamese comrades-in-
        arms.
            (B) Since 1975 the Montagnard peoples have been singled out 
        for severe repression, in part because of their past 
        association with the United States and in part because their 
        strong commitment to their traditional way of life and to their 
        Christian religion is regarded as inconsistent with the 
        absolute loyalty and control demanded by the Communist system.
            (C) In February 2001 several thousand Montagnards 
        participated in a series of peaceful demonstrations throughout 
        the Central Highlands, demanding religious freedom and 
        restoration of their confiscated lands, and the Government 
        responded by closing off the Central Highlands and sending in 
        military forces, tanks, and helicopter gunships.
            (D) Credible reports by refugees who have escaped to 
        Cambodia indicate that the Government has executed some 
        participants in the demonstrations and has subjected others to 
        imprisonment, torture, and other forms of physical abuse.
            (E) The Government of Viet Nam has also taken steps to 
        prevent further Montagnards from escaping, and there are 
        credible reports that Vietnamese security forces in Cambodia 
        are offering bounties for the surrender of Montagnard asylum 
        seekers.
            (7) The Government of Viet Nam has also persecuted members 
        of other ethnic minority groups, including the Khmer Krom from 
        the Mekong Delta, many of whom fought alongside United States 
        military personnel during the Viet Nam war and whose Hinayana 
        Buddhist religion is not among those recognized by the 
        Government.
            (8) The Government of Viet Nam also engages in or condones 
        serious violations of the rights of workers. In August 1997, 
        the United Nations Children's Fund (UNICEF) reported that child 
        labor exploitation is on the rise in Viet Nam with tens of 
        thousands of children under 15 years of age being subjected to 
        such exploitation. The government's official labor export 
        program also has subjected workers, many of whom are women, to 
        involuntary servitude, debt bondage, and other forms of abuse, 
        and the reaction of government officials to worker complaints 
        of such abuse has been to threaten the workers with punishment 
        if they do not desist in their complaints.
            (9)(A) United States refugee resettlement programs for 
        Vietnamese nationals, including the Orderly Departure Program 
        (ODP), the Resettlement Opportunities for Returning Vietnamese 
        (ROVR) program, and resettlement of boat people from refugee 
        camps throughout Southeast Asia, were authorized by law in 
        order to rescue Vietnamese nationals who have suffered 
        persecution on account of their wartime associations with the 
        United States, as well as those who currently have a well-
        founded fear of persecution on account of race, religion, 
        nationality, political opinion, or membership in a particular 
        social group.
            (B) In general, these programs have served their purpose 
        well. However, many refugees who were eligible for these 
        programs were unfairly denied  or excluded, in some cases by 
vindictive or corrupt Communist officials who controlled access to the 
programs, and in others by United States personnel who imposed unduly 
restrictive interpretations of program criteria. These unfairly 
excluded refugees include some of those with the most compelling cases, 
including many Montagnard combat veterans and their families.
            (10) The Government of Viet Nam systematically jams 
        broadcasts by Radio Free Asia, an independent broadcast service 
        funded by the United States in order to provide news and 
        entertainment to the people of countries in Asia whose 
        governments deny the right to freedom of expression and of the 
        press.
            (11) In 1995 the Governments of the United States and Viet 
        Nam announced the ``normalization'' of diplomatic relations. In 
        1998 then-President Clinton waived the application of section 
        402 of the Trade Act of 1974 (commonly known as the ``Jackson-
        Vanik Amendment''), which restricts economic assistance to 
        countries with non-market economies whose governments also 
        restrict freedom of emigration. In 1999 the Governments of the 
        United States and Viet Nam announced ``agreement in principle'' 
        on a bilateral trade agreement. This agreement was signed in 
        2000 and has been presented to Congress for approval or 
        disapproval.
            (12) The Congress and the American people are united in 
        their determination that the extension or expansion of trade 
        relations with a country whose government engages in serious 
        and systematic violations of fundamental human rights must not 
        be construed as a statement of approval or complacency about 
        such practices. The promotion of freedom and democracy around 
        the world--and particularly for people who have suffered in 
        large part because of their past associations with the United 
        States and because they share our values--is and must continue 
        to be a central objective of United States foreign policy.

SEC. 3. PURPOSE.

    The purpose of this Act is to promote the development of freedom 
and democracy in Viet Nam.

        TITLE I--CONGRESSIONAL-EXECUTIVE COMMISSION ON VIET NAM

SEC. 101. ESTABLISHMENT OF CONGRESSIONAL-EXECUTIVE COMMISSION ON VIET 
              NAM.

    There is established a Congressional-Executive Commission on Viet 
Nam (in this title referred to as the ``Commission'').

SEC. 102. FUNCTIONS OF THE COMMISSION.

    (a) Monitoring Compliance With Human Rights.--The Commission shall 
monitor the acts of the Government of Viet Nam which reflect compliance 
with or violation of human rights, in particular, those contained in 
the International Covenant on Civil and Political Rights and in the 
Universal Declaration of Human Rights, including, but not limited to, 
effectively affording--
            (1) the right to engage in free expression;
            (2) the right to peaceful assembly;
            (3) religious freedom, including the right to worship and 
        to participate in religious activities and institutions free of 
        involvement of and interference by the government;
            (4) the right to liberty of movement and freedom to choose 
        a residence within Viet Nam and the right to leave from and 
        return to Viet Nam;
            (5) the right of a criminal defendant--
                    (A) to be tried in his or her presence, and to 
                defend himself or herself in person or through legal 
                assistance of his or her own choosing;
                    (B) to be informed, if he or she does not have 
                legal assistance, of the right set forth in 
                subparagraph (A);
                    (C) to have legal assistance assigned to him or her 
                in any case in which the interests of justice so 
                require and without payment by him or her in any such 
                case if he or she does not have sufficient means to pay 
                for it;
                    (D) to a fair and public hearing by a competent, 
                independent, and impartial tribunal established by the 
                law;
                    (E) to be presumed innocent until proved guilty 
                according to law; and
                    (F) to be tried without undue delay;
            (6) the right to be free from torture and other forms of 
        cruel or unusual punishment;
            (7) protection of internationally recognized worker rights;
            (8) freedom from incarceration as punishment for political 
        opposition to the government;
            (9) freedom from incarceration as punishment for exercising 
        or advocating human rights (including those described in this 
        section);
            (10) freedom from arbitrary arrest, detention, or exile;
            (11) the right to fair and public hearings by an 
        independent tribunal for the determination of a citizen's 
        rights and obligations; and
            (12) free choice of employment.
    (b) Victims Lists.--The Commission shall compile and maintain lists 
of persons believed to be imprisoned, detained, or placed under house 
arrest, tortured, or otherwise persecuted by the Government of Viet Nam 
due to their pursuit of the rights described in subsection (a). In 
compiling such lists, the Commission shall exercise appropriate 
discretion, including concerns regarding the safety and security of, 
and benefit to, the persons who may be included on the lists and their 
families.
    (c) Monitoring Development of Rule of Law.--The Commission shall 
monitor the development of the rule of law in Viet Nam, including, but 
not limited to--
            (1) progress toward the development of institutions of 
        democratic governance;
            (2) processes by which statutes, regulations, rules, and 
        other legal acts of the Government of Viet Nam are developed 
        and become binding within Viet Nam;
            (3) the extent to which statutes, regulations, rules, 
        administrative and judicial decisions, and other legal acts of 
        the Government of Viet Nam are published and are made 
        accessible to the public;
            (4) the extent to which administrative and judicial 
        decisions are supported by statements of reasons that are based 
        upon written statutes, regulations, rules and other legal acts 
        of the Government of Viet Nam;
            (5) the extent to which individuals are treated equally 
        under the laws of Viet Nam without regard to citizenship, race, 
        religion, political opinion, or current or former associations;
            (6) the extent to which administrative and judicial 
        decisions are independent of political pressure or governmental 
        interference and are reviewed by entities of appellate 
        jurisdiction; and
            (7) the extent to which laws in Viet Nam are written and 
        administered in ways that are consistent with international 
        human rights standards, including the requirements of the 
        International Covenant on Civil and Political Rights.
    (d) Bilateral Cooperation.--The Commission shall monitor and 
encourage the development of programs and activities of the United 
States Government and private organizations with a view toward 
increasing the interchange of people and ideas between the United 
States and Viet Nam and expanding cooperation in areas that include, 
but are not limited to--
            (1) increasing enforcement of human rights described in 
        subsection (a); and
            (2) developing the rule of law in Viet Nam.
    (e) Contacts With Nongovernmental Organizations.--In performing the 
functions described in subsections (a) through (d), the Commission 
shall, as appropriate, seek out and maintain contacts with 
nongovernmental organizations, including receiving reports and updates 
from such organizations and evaluating such reports.
    (f) Annual Reports.--The Commission shall issue a report to the 
President and the Congress not later than 12 months after the date of 
the enactment of this Act, and not later than the end of each 12-month 
period thereafter, setting forth the findings of the Commission during 
the preceding 12-month period, in carrying out subsections (a) through 
(c). The Commission's report may contain recommendations for 
legislative or executive action.
    (g) Specific Information in Annual Reports.--The Commission's 
report under subsection (f) shall include specific information 
concerning the nature and implementation of laws or policies concerning 
the rights set forth in paragraphs (1) through (12) of subsection (a), 
and concerning restrictions applied to or discrimination against 
persons exercising any of the rights set forth in such paragraphs.
    (h) Congressional Hearings on Annual Reports.--(1) The Committee on 
International Relations of the House of Representatives shall, not 
later than 30 days after the receipt by the Congress of the report 
referred to in subsection (f), hold hearings on the contents of the 
report, including any recommendations contained therein, for the 
purpose of receiving testimony from Members of Congress, and such 
appropriate representatives of Federal departments and agencies, and 
interested persons and groups, as the committee deems advisable, with a 
view to reporting to the House of Representatives any appropriate 
legislation in furtherance of such recommendations. If any such 
legislation is considered by the Committee on International Relations 
within 45 days after receipt by the Congress of the report referred to 
in subsection (f), it shall be reported by the committee not later than 
60 days after receipt by the Congress of such report.
    (2) The provisions of paragraph (1) are enacted by the Congress--
            (A) as an exercise of the rulemaking power of the House of 
        Representatives, and as such are deemed a part of the rules of 
        the House, and they supersede other rules only to the extent 
        that they are inconsistent therewith; and
            (B) with full recognition of the constitutional right of 
        the House to change the rules (so far as relating to the 
        procedure of the House) at any time, in the same manner and to 
        the same extent as in the case of any other rule of the House.
    (i) Supplemental Reports.--The Commission may submit to the 
President and the Congress reports that supplement the reports 
described in subsection (f), as appropriate, in carrying out 
subsections (a) through (c).

SEC. 103. MEMBERSHIP OF THE COMMISSION.

    (a) Selection and Appointment of Members.--The Commission shall be 
composed of 17 members as follows:
            (1) Five Members of the House of Representatives appointed 
        by the Speaker of the House of Representatives. Three members 
        shall be selected from the majority party and two members shall 
        be selected, after consultation with the minority leader of the 
        House, from the minority party.
            (2) Five Members of the Senate appointed by the President 
        of the Senate. Three members shall be selected, after 
        consultation with the majority leader of the Senate, from the 
        majority party, and two members shall be selected, after 
        consultation with the minority leader of the Senate, from the 
        minority party.
            (3) One representative of the Department of State, 
        appointed by the President of the United States from among 
        officers and employees of that Department.
            (4) One representative of the Department of Commerce, 
        appointed by the President of the United States from among 
        officers and employees of that Department.
            (5) One representative of the Department of Labor, 
        appointed by the President of the United States from among 
        officers and employees of that Department.
            (6) Four public representatives, appointed by the President 
        of the United States, who shall be citizens of the United 
        States not employed by the United States Government and who 
        have demonstrated expertise in and commitment to human rights 
        in Viet Nam.
    (b) Chairman and Cochairman.--
            (1) Designation of chairman.--At the beginning of each odd-
        numbered Congress, the President of the Senate, on the 
        recommendation of the majority leader, shall designate one of 
        the members of the Commission from the Senate as Chairman of 
        the Commission. At the beginning of each even-numbered 
        Congress, the Speaker of the House of Representatives shall 
        designate one of the members of the Commission from the House 
        as Chairman of the Commission.
            (2) Designation of cochairman.--At the beginning of each 
        odd-numbered Congress, the Speaker of the House of 
        Representatives shall designate one of the members of the 
        Commission from the House as Cochairman of the Commission. At 
        the beginning of each even-numbered Congress, the President of 
        the Senate, on the recommendation of the majority leader, shall 
        designate one of the members of the Commission from the Senate 
        as Cochairman of the Commission.

SEC. 104. VOTES OF THE COMMISSION.

    Decisions of the Commission, including adoption of reports and 
recommendations to the executive branch or to the Congress, shall be 
made by a majority vote of the members of the Commission present and 
voting. Two-thirds of the Members of the Commission shall constitute a 
quorum for purposes of conducting business.

SEC. 105. EXPENDITURE OF APPROPRIATIONS.

    For each fiscal year for which an appropriation is made to the 
Commission, the Commission shall issue a report to the Congress on its 
expenditures under that appropriation.

SEC. 106. TESTIMONY OF WITNESSES, PRODUCTION OF EVIDENCE; ISSUANCE OF 
              SUBPOENAS; ADMINISTRATION OF OATHS.

    In carrying out this title, the Commission may require, by subpoena 
or otherwise, the attendance and testimony of such witnesses and the 
production of such books, records, correspondence, memoranda, papers, 
documents, and electronically recorded data as it considers necessary. 
Subpoenas may be issued only pursuant to a two-thirds vote of members 
of the Commission present and voting. Subpoenas may be issued over the 
signature of the Chairman of the Commission or any member designated by 
the Chairman, and may be served by any person designated by the 
Chairman or such member. The Chairman of the Commission, or any member 
designated by the Chairman, may administer oaths to any witness.

SEC. 107. APPROPRIATIONS FOR THE COMMISSION.

    (a) Authorization; Disbursements.--
            (1) Authorization.--There are authorized to be appropriated 
        to the Commission for fiscal year 2002, and each fiscal year 
        thereafter, such sums as may be necessary to enable it to carry 
        out its functions. Appropriations to the Commission are 
        authorized to remain available until expended.
            (2) Disbursements.--Appropriations to the Commission shall 
        be disbursed on vouchers approved--
                    (A) jointly by the Chairman and the Cochairman; or
                    (B) by a majority of the members of the personnel 
                and administration committee established pursuant to 
                section 108.
    (b) Foreign Travel for Official Purposes.--Foreign travel for 
official purposes by members and staff of the Commission may be 
authorized by either the Chairman or the Cochairman.

SEC. 108. STAFF OF THE COMMISSION.

    (a) Personnel and Administration Committee.--The Commission shall 
have a personnel and administration committee composed of the Chairman, 
the Cochairman, the senior member of the Commission from the minority 
party of the House of Representatives, and the senior member of the 
Commission from the minority party of the Senate.
    (b) Committee Functions.--All decisions pertaining to the hiring, 
firing, and fixing of pay of personnel of the Commission shall be by a 
majority vote of the personnel and administration committee, except 
that--
            (1) the Chairman shall be entitled to appoint and fix the 
        pay of the staff director, and the Cochairman shall be entitled 
        to appoint and fix the pay of the Cochairman's senior staff 
        member; and
            (2) the Chairman and Cochairman shall each have the 
        authority to appoint, with the approval of the personnel and 
        administration committee, at least four professional staff 
        members who shall be responsible to the Chairman or the 
        Cochairman (as the case may be) who appointed them.
Subject to subsection (d), the personnel and administration committee 
may appoint and fix the pay of such other personnel as it considers 
desirable.
    (c) Staff Appointments.--All staff appointments shall be made 
without regard to the provisions of title 5, United States Code, 
governing appointments in the competitive service, and without regard 
to the provisions of chapter 51 and subchapter III of chapter 53 of 
such title relating to classification and general schedule pay rates.
    (d) Qualifications of Professional Staff.--The personnel and 
administration committee shall ensure that the professional staff of 
the Commission consists of persons with expertise in areas including 
human rights, internationally recognized worker rights, international 
economics, law (including international law), rule of law and other 
foreign assistance programming, the politics of Viet Nam, economy and 
culture, and the language of Viet Nam.
    (e) Commission Employees as Congressional Employees.--
            (1) In general.--For purposes of pay and other employment 
        benefits, rights, and privileges, and for all other purposes, 
        any employee of the Commission shall be considered to be a 
        congressional employee as defined in section 2107 of title 5, 
        United States Code.
            (2) Competitive status.--For purposes of section 3304(c)(1) 
        of title 5, United States Code,  employees of the Commission 
shall be considered as if they are in positions in which they are paid 
by the Secretary of the Senate or the Clerk of the House of 
Representatives.

SEC. 109. PRINTING AND BINDING COSTS.

    For purposes of costs relating to printing and binding, including 
the costs of personnel detailed from the Government Printing Office, 
the Commission shall be deemed to be a committee of the Congress.

        TITLE II--PROMOTION OF FREEDOM AND DEMOCRACY IN VIET NAM

Subtitle A--Prohibition on Nonhumanitarian Assistance to the Government 
                              of Viet Nam

SEC. 201. BILATERAL NONHUMANITARIAN ASSISTANCE.

    (a) In General.--United States nonhumanitarian assistance may not 
be provided to the Government of Viet Nam for fiscal year 2002 and each 
subsequent fiscal year unless the President determines and certifies to 
Congress for such fiscal year that--
            (1) the Government of Viet Nam has released all political 
        and religious prisoners from imprisonment, house arrest, and 
        other forms of detention;
            (2) the Government of Viet Nam respects the right to 
        freedom of religion, including the right to participate in 
        religious activities and institutions without interference by 
        or involvement of the Government;
            (3) the Government of Viet Nam does not violate the human 
        rights of members of ethnic minority groups in the Central 
        Highlands or elsewhere in Viet Nam; and
            (4) neither any official of the Government of Viet Nam nor 
        any entity wholly or partly owned by the Government of Viet Nam 
        is complicit in a severe form of trafficking in persons.
    (b) Definitions.--In this section:
            (1) Severe form of trafficking in persons.--The term 
        ``severe form of trafficking in persons'' means any activity 
        described in section 103(8) of the Trafficking Victims 
        Protection Act of 2000 (Public Law 106-386 (114 Stat. 1470); 22 
        U.S.C. 7102(8)).
            (2) United states nonhumanitarian assistance.--The term 
        ``United States nonhumanitarian assistance'' means--
                    (A) any assistance under the Foreign Assistance Act 
                of 1961 (including programs under title IV of chapter 2 
                of part I of that Act, relating to the Overseas Private 
                Investment Corporation), other than--
                            (i) disaster relief assistance, including 
                        any assistance under chapter 9 of part I of 
                        that Act;
                            (ii) assistance which involves the 
                        provision of food (including monetization of 
                        food) or medicine; and
                            (iii) assistance for refugees;
                    (B) sales, or financing on any terms, under the 
                Arms Export Control Act; and
                    (C) financing under the Export-Import Bank Act of 
                1945.

SEC. 202. MULTILATERAL NONHUMANITARIAN ASSISTANCE.

    The Secretary of the Treasury shall instruct the United States 
Executive Director of each multilateral development bank and of the 
International Monetary Fund to use the voice, vote, and influence of 
the United States to deny any loan or other utilization of the funds of 
such bank or institution (other than for humanitarian assistance) to 
Viet Nam for fiscal year 2002 and each subsequent fiscal year unless 
the President determines and certifies to Congress for such fiscal year 
that the requirements of paragraphs (1) through (4) of section 201(a) 
have been met.

        Subtitle B--Assistance to Support Democracy in Viet Nam

SEC. 211. ASSISTANCE.

    (a) In General.--The President is authorized to provide assistance, 
through appropriate nongovernmental organizations, for the support of 
individuals and organizations to promote human rights and nonviolent 
democratic change in Viet Nam.
    (b) Authorization of Appropriations.--There are authorized to be 
appropriated to the President to carry out subsection (a) $2,000,000 
for each of the fiscal years 2002 and 2003.

               Subtitle C--United States Public Diplomacy

SEC. 221. RADIO FREE ASIA TRANSMISSIONS TO VIET NAM.

    (a) Policy of the United States.--It is the policy of the United 
States to take such measures as are necessary to overcome the jamming 
of Radio Free Asia by the Government of Viet Nam.
    (b) Report to Congress.--Not later than 6 months after the date of 
the enactment of this Act and every 6 months thereafter, the Secretary 
of State shall submit to the Congress a report on efforts by the United 
States Government to secure transmission sites for Radio Free Asia in 
countries in close geographical proximity to Viet Nam.
    (c) Authorization of Appropriations.--In addition to such amounts 
as are otherwise authorized to be appropriated for the Broadcasting 
Board of Governors, there are authorized to be appropriated to carry 
out the policy under subsection (a) $9,100,000 for the fiscal year 2002 
and $1,100,000 for the fiscal year 2003.

SEC. 222. UNITED STATES EDUCATIONAL AND CULTURAL EXCHANGE PROGRAMS WITH 
              VIET NAM.

    (a) Policy of the United States.--It is the policy of the United 
States that programs of educational and cultural exchange with Viet Nam 
should actively promote progress toward freedom and democracy in Viet 
Nam by providing opportunities to Vietnamese nationals from a wide 
range of occupations and perspectives to see freedom and democracy in 
action and, also, by ensuring that Vietnamese nationals who have 
already demonstrated a commitment to these values are included in such 
programs.
    (b) Report to Congress.--Not later than 6 months after the date of 
the enactment of this Act and every 6 months thereafter, the Secretary 
of State shall submit to the Congress a report on efforts to ensure 
that programs with Viet Nam promote the policy set forth in  subsection 
(a) and with section 102 of the Human Rights, Refugee, and Other 
Foreign Policy Provisions Act of 1996 regarding participation in 
programs of educational and cultural exchange.

                Subtitle D--United States Refugee Policy

SEC. 232. REFUGEE RESETTLEMENT FOR NATIONALS OF VIET NAM.

    (a) Policy of the United States.--It is the policy of the United 
States to offer refugee resettlement to nationals of Viet Nam 
(including members of the Montagnard ethnic minority groups) who were 
eligible for the Orderly Departure Program or any other United States 
refugee program and who were deemed ineligible due to administrative 
error or who for reasons beyond the control of such individuals 
(including the inability to pay bribes demanded by officials of the 
Government of Viet Nam) were unable to apply for such programs in 
compliance with deadlines imposed by the Department of State.
    (b) Report to Congress.--Not later than 6 months after the date of 
the enactment of this Act and every 6 months thereafter, the Secretary 
of State shall submit to the Congress a report on steps taken in the 
preceding 6 months to carry out the policy under subsection (a).
    (c) Authorized Activity.--Of the amounts authorized to be 
appropriated to the Department of State for Migration and Refugee 
Assistance for each of the fiscal years 2001, 2002, and 2003, such sums 
as may be necessary are authorized to be made available for the 
protection (including resettlement in appropriate cases) of Vietnamese 
refugees and asylum seekers, including Montagnards in Cambodia.
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