Text: Lawmakers Introduce Vietnam Human Rights Act
(Bill creates Congressional-Executive Commission on Vietnam)A bipartisan group of lawmakers submitted a bill June 28 that would seek to promote "freedom and democracy" in communist-ruled Vietnam.
Representative Christopher Smith (Republican of New Jersey) introduced H.R. 2368, which would set up a Congressional-Executive Commission on Vietnam that would oversee how well the Hanoi regime lives up to internationally recognized human rights standards.
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," H.R. 2368 says.
In language similar to the legislation that granted China Permanent Normal Trade Relations status, H.R. 2368 would establish a commission with members chosen by the Speaker of the House of Representatives, the President of the Senate, and the President of the United States to monitor conditions in Vietnam.
Among the rights the Commission would follow are: the right to engage in free expression; the right to peaceful assembly; religious freedom, including the right to worship and to participate in religious activities and institutions free of involvement of and interference by the government; the right to liberty of movement, the freedom to choose a residence within Vietnam and the right to leave from and return to Vietnam; and the rights of a defendant in a criminal case to basic legal protections common in Western democracies.
The proposed Commission would also monitor Vietnam's progress in establishing a civil society based on the rule of law.
In its findings, the proposed legislation says Vietnam is a one-party state, ruled and controlled by the Vietnamese Communist Party.
H.R. 2368 also states that the Hanoi regime "denies the people of Viet Nam the right to change their government and prohibits independent political, social, and labor organizations."
That nation's government, it adds, "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."
H.R. 2368 was co-sponsored by Representatives Frank Wolf (Republican of Virginia), the co-chairman of the Congressional Human Rights Caucus, Benjamin Gilman (Republican of New York), the chairman emeritus of the House International Relations Committee, Tom Davis (Republican of Virginia), Zoe Lofgren (Democrat of California), Dana Rohrabacher (Republican of California), Edward Royce (Republican of California, and Loretta Sanchez (Democrat of California).
Following is the text of H.R. 2368 from the Congressional Record:
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HR 2368 IH
107th CONGRESS
1st Session
H. R. 2368To promote freedom and democracy in Viet Nam.
IN THE HOUSE OF REPRESENTATIVES
June 28, 2001Mr. 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. 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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