30 otherwise persecuted by the Government of Viet Nam due to their pursuit of the rights described in paragraph (5). In compiling such lists, the Secretary shall exercise appropriate discretion, including con cerns regarding the safety and security of, and benefit to, the persons who may be included on the lists and their families. In addition, the Secretary shall include a list of such persons and their families who may qualify for protection under United States ref ugee programs. (7) A description of the development of the rule of law in Viet Nam, including, but not limited to (A) progress toward the development of institutions of democratic governance; (B) processes by which statutes, regulations, rules, and other legal acts of the Govern ment of Viet Nam are developed and become binding within Viet Nam; (C) 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 acces sible to the public; (D) the extent to which administrative and judicial decisions are supported by statements 31 of reasons that are based upon written statutes, regulations, rules and other legal acts of the Government of Viet Nam; (E) the extent to which individuals are treated equally under the laws of Viet Nam without regard to citizenship, race, religion, po litical opinion, or current or former associations; (F) 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 (G) 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 (8) A description of projects funded by multilateral organizations operating in Viet Nam, including projects funded by the World Bank, International Monetary Fund, Asian Development Bank, United Nations, and Global Fund. 32 1 (b) CONTACTS WITH OTHER ORGANIZATIONS.—In 2 preparing the report under subsection (a), the Secretary 3 shall, as appropriate, seek out and maintain contacts with 4 nongovernmental organizations and human rights advo5 cates (including Vietnamese-Americans, human rights ad6 vocates in Viet Nam), including receiving reports and up7 dates from such organizations and evaluating such re8 ports. The Secretary shall also seek to consult with the 9 United States Commission on Religious Freedom for ap10 propriate sections of the report. H.L.C. AMENDMENT IN THE NATURE OF A SUBSTITUTE OFFERED BY MR. SMITH OF NEW JERSEY Strike all after the enacting clause and insert the following: 1 SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 2 (a) SHORT TITLE.-This Act may be cited as the 3 "Vietnam Human Rights Act of 2004". 4 (b) TABLE OF CONTENTS.-The table of contents for 5 this Act is as follows: Sec. 1. Short title; table of contents. Sec. 2. Findings. TITLE I-CONDITIONS ON INCREASED NONHUMANITARIAN Sec. 101. Bilateral nonhumanitarian assistance. TITLE II-ASSISTANCE TO SUPPORT HUMAN RIGHTS AND Sec. 201. Assistance. TITLE III-UNITED STATES PUBLIC DIPLOMACY Sec. 301. Radio Free Asia transmissions to Vietnam. Sec. 302. United states educational and cultural exchange programs with Viet nam. TITLE IV-UNITED STATES REFUGEE POLICY Sec. 401. Refugee resettlement for nationals of Vietnam. TITLE V-ANNUAL REPORT ON PROGRESS TOWARD FREEDOM Sec. 501. Annual report. H.L.C. 2 1 SEC. 2. FINDINGS. Congress finds the following: (1) The Socialist Republic of Vietnam is a one party State, ruled, and controlled by the Communist Party of Vietnam (CPV), which continues to deny the right of citizens to change their government. Although in recent years the National Assembly of Vietnam has played an increasingly active role as a forum for highlighting local concerns, corruption, and inefficiency, the National Assembly remains subject to CPV direction. The CPV maintains control over the selection of candidates in national and local elections. (2) The Government of Vietnam permits no public challenge to the legitimacy of the one-party State. It prohibits independent political, labor, and social organizations, and it continues to detain and imprison persons for the peaceful expression of dis senting religious and political views, including Pham Hong Son, Tran Dung Tien, Father Nguyen Van Ly, Dr. Nguyen Dan Que, Nguyen Vu Binh, Pham Que Duong, and Pastor Nguyen Hong Quang, among others. (3) The Government of Vietnam continues to commit serious human rights abuses. In January 2004, the Department of State reported to Congress |