[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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