Vietnam Human Rights Act

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) 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.

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.

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) 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. Subtitle E--Annual Report on Progress Toward Freedom and Democracy in Viet Nam

SEC. 241. ANNUAL REPORT.
Not later than May 31 of each year, the Secretary of State shall submit to Congress a report for the 12-month period ending on the date of submission of the report, on the following:

(1) The determination and certification of the President that the requirements of subparagraphs (A) through (D) of section 201(a)(2) have been met, if applicable<

(2) Efforts by the United States Government to secure transmission sites for Radio Free Asia in countries in close geographical proximity to Viet Nam in accordance with section 221(a)

(3) Efforts to ensure that programs with Viet Nam promote the policy set forth in section 222 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.

(4) Steps taken to carry out the policy under section 232(a).

PURPOSE AND SUMMARY

H.R. 2368, the Viet Nam Human Rights Act, is designed to ensure that the promotion of freedom and democracy will be a central element in U.S. policy toward Viet Nam.

First, the Act contains an honest and detailed assessment of the human rights situation in Viet Nam. It describes violations by the Government 0f Viet Nam of the rights to freedom of expression, association, and religion, and the rights of workers, as well as persecution of ethnic minorities including the Montagnards and of persons associated with the U.S. prior to 1975.

The Act conditions future increases in foreign assistance (other than humanitarian assistance) to the government of Viet Nam in each fiscal year after FY 2001 on a finding by the President that the government of Viet Nam has made `substantial progress' during the previous year toward meeting certain human rights benchmarks.

The Act also authorizes assistance to nongovernmental organizations committed to promoting freedom and democracy in Viet Nam; supports efforts to overcome the jamming of Radio Free Asia by the government of Viet Nam; requires efforts by the State Department to ensure that U.S. cultural and educational exchange programs are open to people who share our values, not just to Vietnamese government and Communist Party officials and persons close to such officials; and declares it to be the policy of the United States to offer refugee resettlement to residents of Viet Nam who meet the statutory criteria for U.S. refugee programs but have been wrongly excluded from such programs.

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