25

1 policy under subsection (a) $9,100,000 for the fiscal year

2 2004 and $1,100,000 for the fiscal year 2005.

3 SEC. 302. UNITED STATES EDUCATIONAL AND CULTURAL

4

EXCHANGE PROGRAMS WITH VIET NAM.

5 It is the policy of the United States that programs 6 of educational and cultural exchange with Viet Nam 7 should actively promote progress toward freedom and de8 mocracy in Viet Nam by providing opportunities to Viet9 namese nationals from a wide range of occupations and 10 perspectives to see freedom and democracy in action and, 11 also, by ensuring that Vietnamese nationals who have al12 ready demonstrated a commitment to these values are in13 cluded in such programs.

18 (a) POLICY OF THE UNITED STATES.-It is the pol19 icy of the United States to offer refugee resettlement to 20 nationals of Viet Nam (including members of the 21 Montagnard ethnic minority groups) who were eligible for 22 the Orderly Departure Program (ODP), Resettlement Op23 portunities for Vietnamese Returnees (ROVR) or any 24 other United States refugee program and who were 25 deemed ineligible due to administrative error or who for

26

1 reasons beyond the control of such individuals (including 2 insufficient or contradictory information or the inability 3 to pay bribes demanded by officials of the Government of 4 Viet Nam) were unable or failed to apply for such pro5 grams in compliance with deadlines imposed by the De6 partment of State.

7 (b) AUTHORIZED ACTIVITY.-Of the amounts au8 thorized to be appropriated to the Department of State 9 for Migration and Refugee Assistance for each of the fiscal 10 years 2004, 2005, and 2006, such sums as may be nec11 essary are authorized to be made available for the protec12 tion (including resettlement in appropriate cases) of Viet13 namese refugees and asylum seekers, including 14 Montagnards in Cambodia.

15 TITLE V-ANNUAL REPORT ON TOWARD FREE

16

PROGRESS

20

(a) IN GENERAL.-Not later than 6 months after the

21 date of the enactment of this Act and every 12 months 22 thereafter, the Secretary of State shall submit to the Con23 gress a report on the following:

24

25

(1)(A) The determination and certification of

the President that the requirements of subpara

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1

2

3

4

5

6

7

8

9

10

11

12

13

graphs (A) through (D) of section 101(a)(2) have

been met, if applicable.

(B) The determination of the President under section 101(b)(2), 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 301(a).

(3) Efforts to ensure that programs with Viet Nam promote the policy set forth in section 302 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 401(a).

14

15

16

17

18

(5) Actions of the Government of Viet Nam which reflect compliance with or violation of human

19 rights, in particular, those contained in the Inter

(A) the right to engage in free expression;

(B) the right to peaceful assembly;

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(C) religious freedom, including the right

to worship, to appoint clergy members, to form religious associations and institutions, to par

ticipate in religious activities, and to conduct

charity work free of involvement of and interference by the government;

(D) the right to establish nongovernmental organizations and civic associations;

(E) 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;

(F) the right of a criminal defendant

(i) 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;

(ii) to be informed, if he or she does not have legal assistance, of the right set forth in clause (i);

(iii) 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

29

he or she does not have sufficient means to

pay for it;

(iv) to a fair and public hearing by a competent, independent, and impartial tribunal established by the law;

(v) to be presumed innocent until proved guilty according to law; and

(vi) to be tried without undue delay;

(G) the right to be free from torture and other forms of cruel or unusual punishment;

(H) protection of internationally recognized worker rights;

(I) freedom from incarceration as punishment for political opposition to the government; (J) freedom from incarceration as punishment for exercising or advocating human rights (including those described in this section);

(K) freedom from arbitrary arrest, detention, or exile;

(L) the right to fair and public hearings by

an independent tribunal for the determination

of a citizen's rights and obligations; and

(M) free choice of employment.

(6) Lists of persons believed to be imprisoned,

detained, or placed under house arrest, tortured, or