1

2

3

4

5

6

13

H.L.C.

(ii) assistance which involves the pro

vision of food (including monetization of

food) or medicine; and

(iii) assistance for refugees; and

(B) sales, or financing on any terms, under

the Arms Export Control Act.

11

AND

(a) IN GENERAL.-The President is authorized to 12 provide assistance, through appropriate nongovernmental 13 organizations, for the support of individuals and organiza14 tions to promote democracy and internationally recognized 15 human rights in Vietnam.

16

(b) AUTHORIZATION OF APPROPRIATIONS.-There 17 are authorized to be appropriated to the President to carry 18 out subsection (a) $2,000,000 for each of the fiscal years 19 2005 and 2006.

20

21

23

TITLE III-UNITED STATES

PUBLIC DIPLOMACY

22 SEC. 301. RADIO FREE ASIA TRANSMISSIONS TO VIETNAM. (a) POLICY OF THE UNITED STATES.-It is the pol24 icy of the United States to take such measures as are nec25 essary to overcome the jamming of Radio Free Asia by

14

H.L.C.

1 the Government of Vietnam, including the active pursuit 2 of broadcast facilities in close geographic proximity to 3 Vietnam.

4

(b) AUTHORIZATION OF APPROPRIATIONS.-In addi5 tion to such amounts as are otherwise authorized to be 6 appropriated for the Broadcasting Board of Governors, 7 there are authorized to be appropriated to carry out the 8 policy under subsection (a) $9,100,000 for the fiscal year 9 2005 and $1,100,000 for the fiscal year 2006.

10 SEC. 302. UNITED STATES EDUCATIONAL AND CULTURAL

11

12

EXCHANGE PROGRAMS WITH VIETNAM.

It is the policy of the United States that programs 13 of educational and cultural exchange with Vietnam should 14 actively promote progress toward freedom and democracy 15 in Vietnam by providing opportunities to Vietnamese na16 tionals from a wide range of occupations and perspectives 17 to see freedom and democracy in action and, also, by en18 suring that Vietnamese nationals who have already dem19 onstrated a commitment to these values are included in

20 such programs.

5

VIETNAM.

(a) POLICY OF THE UNITED STATES.-It is the pol6 icy of the United States to offer refugee resettlement to 7 nationals of Vietnam (including members of of the 8 Montagnard ethnic minority groups) who were eligible for 9 the Orderly Departure Program (ODP), Resettlement Op10 portunities for Vietnamese Returnees (ROVR), or any 11 other United States refugee program and who were 12 deemed ineligible due to administrative error or who for 13 reasons beyond the control of such individuals (including 14 insufficient or contradictory information or the inability 15 to pay bribes demanded by officials of the Government of 16 Vietnam) were unable or failed to apply for such programs 17 in compliance with deadlines imposed by the Department 18 of State.

19

(b) AUTHORIZED ACTIVITY.-Of the amounts au20 thorized to be appropriated to the Department of State 21 for Migration and Refugee Assistance for each of the fiscal 22 years 2005, 2006, and 2007, such sums as may be nec23 essary are authorized to be made available for the protec24 tion (including resettlement in appropriate cases) of Viet

8

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

9 date of the enactment of this Act and every 12 months 10 thereafter, the Secretary of State shall submit to the Con

11 gress a report on the following:

(1)(A) The determination and certification of the President that the requirements 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 Vietnam in accordance with section 301.

(3) Efforts to ensure that programs with Vietnam promote the policy set forth in section 302 and with section 102 of the Human Rights, Refugee, and

Other Foreign Relations Provisions Act of 1996

17

H.L.C.

(Public Law 104-319) regarding participation in programs of educational and cultural exchange.

(4) Steps taken to carry out the policy under section 401(a).

(5) Lists of persons believed to be imprisoned, detained, or placed under house arrest, tortured, or otherwise persecuted by the Government of Vietnam due to their pursuit of internationally recognized human rights. In compiling such lists, the Secretary shall exercise appropriate discretion, including concerns regarding the safety and security of, and ben

efit 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.

(6) A description of the development of the rule of law in Vietnam, 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 Vietnam are developed and become

binding within Vietnam;