|
Lawmakers
Introduce Vietnam Human Rights Act |
Tuesday, July 3 2001
(Bill creates Congressional-Executive Commission on Vietnam) (5410)
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:
(begin text)
H.R.2368- Viet Nam Human
Rights Act Introduced in the House
HR 2368 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 VIETNAM.
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.
(end text)
(Distributed by the Office of International Information Programs, U.S.
Department of State.
