220 
vironment, and agriculture in order to further Luso-Amer-
ican relations, including support for the following Program 
activities: 
(1) Integrated pest management program for 
horticultural crops in the Azores, Portugal. 
(2) Establishment of aquacultural research in the 
Azores. 
(3) Sustainable fisheries in the Azores. 
(4) Improvements to the Azores health care sys-
tem, including epidemiology and control of Lepto-
spirosis in the Azores. 
(5) Geological risk monitoring. 
(6) Tourism promotion. 
(7) Assistance in economic policy analysis. 
(8) Technical cooperation for rural development. 
(9) Export promotion of Azorean products. 
(10) Training exchanges with regard to the ac-
tivities described in paragraphs (1) through (9). 
(b) AUTHORIZATION OF APPROPRIATIONS.—To carry 
out subsection (a), there is authorized to be appropriated 
to the Secretary $200,000 for fiscal year 2012 from existing 
funds of the Department of State. 
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221 
SEC. 1122. UNITED STATES EMBASSIES IN CARIBBEAN 
COUNTRIES. 
(a) SENSE OF CONGRESS.—It is the sense of Congress 
that— 
(1) the Department of State should establish em-
bassies in Antigua and Barbuda, Dominica, St. Kitts 
and Nevis, St. Lucia, and St. Vincent and the Grena-
dines, where the United States does not now have em-
bassies; 
(2) the United States Embassy in St. George’s, 
Grenada, should serve as a model for future United 
States embassies in such countries; 
(3) as the very large United States diplomatic 
presence diminishes in Afghanistan and Iraq over 
time, the Department of State should re-assign five of 
those diplomatic billets to the five Caribbean countries 
identified in paragraph (1); 
(4) between the time of passage of this Act and 
the coming reduction in the number of Department of 
State Foreign Service officers in Iraq and Afghani-
stan, the Department of State should plan for the es-
tablishment of embassies in the five Caribbean coun-
tries identified in paragraph (1); and 
(5) such embassies should be established not later 
than ten years after the date of enactment of this Act. 
(b) REPORT, CONDITIONALITY, AND EXCEPTION.— 
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(1) NOTIFICATION.—The Secretary of State shall 
notify the appropriate congressional committees when 
the total number of Foreign Service officers in the 
United States embassies in Iraq and Afghanistan has 
been reduced by 20 percent as compared to the total 
number of such officers as of the date of the enactment 
of this Act. 
(2) WITHHOLDING OF FUNDS.—Except as pro-
vided in paragraph (3), if United States embassies 
have not been established in the five Caribbean coun-
tries identified in subsection (a)(1) by the date that 
the total number of Foreign Service officers in United 
States embassies in Iraq and Afghanistan has been 
reduced by 20 percent under paragraph (1) of this 
subsection, notwithstanding any other provision of 
law, five percent of the amounts otherwise made 
available to the Overseas Building Operations account 
of the Department of State shall be withheld until 
such time as such embassies are established. 
(3) EXCEPTION FOR DELAY.—The Secretary of 
State may delay for up to one year the establishment 
of the United States embassies in the five Caribbean 
countries identified in subsection (a)(1) if the Sec-
retary determines that more time is needed to estab-
lish such embassies and submits to the appropriate 
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223 
congressional committees a report explaining the rea-
son for such delay. 
(4) LIMITATION ON ADDITIONAL FUNDING.—To 
establish the United States embassies in the five Car-
ibbean countries identified in subsection (a)(1), the 
Secretary of State may use only amounts that are 
available to the Department of State for such purpose. 
SEC. 1123. LIMITATION ON FUNDS FOR U.S.-CHINA CENTER 
OF EXCELLENCE ON NUCLEAR SECURITY. 
No funds are authorized to be appropriated for the es-
tablishment or operation of the U.S.-China Center of Excel-
lence on Nuclear Security resulting from the agreement 
signed in January 2011 between the National Nuclear Se-
curity Administration and the China Atomic Energy Au-
thority, unless the President determines that the provision 
of such funds are in the national security interest of the 
United States by contributing to efforts to prevent terrorists 
from obtaining radioactive materials that could be used in 
an explosive device. 
SEC. 1124. VISAS FOR CERTAIN CITIZENS OF THE PEOPLE’S 
REPUBLIC OF CHINA. 
(a) IN GENERAL.—The Secretary of State shall seek 
to enter into an agreement with the People’s Republic of 
China regarding the issuance of visas under section 
101(a)(15)(I) of the Immigration and Nationality Act (8 
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224 
U.S.C. 1101(a)(15)(I)) to an alien who is a state-controlled 
media worker from the People’s Republic of China only on 
a one-for-one basis with an employment-based visa issued 
by the People’s Republic of China to a citizen or national 
of the United States who is employed by the Broadcasting 
Board of Governors. 
(b) DEFINITIONS.—In this section— 
(1) the term ‘‘state-controlled media worker from 
the People’s Republic of China’’ means a representa-
tive of a media organization owned, operated, or con-
trolled by the People’s Republic of China, including— 
(A) China Central Television; 
(B) China Daily; 
(C) China National Radio; 
(D) China News Service; 
(E) China Radio International; 
(F) China Youth Daily; 
(G) Economic Daily; 
(H) Global Times; 
(I) Guangming Daily; 
(J) Legal Daily; 
(K) Liberation Army Daily; 
(L) People’s Daily; or 
(M) Xinhua News Agency; and 
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225 
(2) the term ‘‘Broadcasting Board of Governors’’ 
means— 
(A) the entity described under the United 
States International Broadcasting Act of 1994; 
and 
(B) any other entity that engages in broad-
casting activities as a result of such Act. 
SEC. 1125. REPORT ON THE INFLUENCE OF THE PEOPLE’S 
REPUBLIC OF CHINA IN SOUTHWEST ASIA. 
(a) IN GENERAL.—Not later than 180 days after the 
date of the enactment of this Act and annually thereafter 
for the next 2 years, the Secretary of State shall submit 
to the appropriate congressional committees a report detail-
ing— 
(1) the extent of strategic ties between the Peo-
ple’s Republic of China and Pakistan, including arms 
transfers, technological and military assistance (in-
cluding nuclear and missile capabilities), intelligence 
cooperation, ties to senior Pakistani civilian and 
military leaders, commercial and defense industrial 
base development, and efforts to expand strategic in-
frastructure in Pakistan (such as roads, airfields, 
ports) and its motives for doing so; and 
(2) China’s strategic interests in Afghanistan, 
including with respect to security, investment and 
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226 
trade, as well as the interrelationship between Chinese 
policy toward Afghanistan and Pakistan, respectively. 
(b) PUBLIC RELEASE OF REPORT.—The report re-
quired under subsection (a) may be submitted in classified 
and unclassified form, but the unclassified portion of the 
report shall be published on the website of the Department 
of State. 
SEC. 1126. ENFORCEMENT OF UNITED STATES REGULA-
TIONS ON TRAVEL TO CUBA. 
The President shall fully enforce all United States reg-
ulations as in effect on January 19, 2009, on travel to Cuba 
and impose the corresponding penalties against individuals 
determined to be in violation of such regulations. 
SEC. 1127. MEASURES SUPPORTING THE REUNIFICATION 
OF CYPRUS. 
(a) POLICY.—It shall be the policy of the United States 
to continue to support measures aimed at the reunification 
of Cyprus and to provide assistance to Cyprus only for pro-
grams and activities that are consistent with the goal of 
reunification of Cyprus and the achievement of a bi-com-
munal, bi-zonal federation. 
(b) CONSULTATION.—The President shall, to the max-
imum extent practicable, consult with the Government of 
the Republic of Cyprus with respect to the provision of 
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227 
United States assistance in Cyprus in order to ensure the 
transparency of such assistance. 
(c) REPORT MODIFICATION.—Section 620C(c) of the 
Foreign Assistance Act of 1961 (22 U.S.C. 2373(c)) is 
amended in the second sentence— 
(1) by striking ‘‘60-day’’ and inserting ‘‘90- 
day’’; and 
(2) by inserting before the period at the end the 
following: ‘‘, including a detailed description of pro-
grams and activities funded by the United States to 
help achieve the reunification of Cyprus’’. 
SEC. 1128. PENDING CLAIMS AGAINST THE KINGDOM OF 
SAUDI ARABIA. 
(a) FINDINGS.—Congress finds the following: 
(1) On May 19, 1992, the Subcommittee on Eu-
rope and the Near East of the Committee on Foreign 
Affairs of the House of Representatives held a hearing 
concerning commercial abuses experienced by United 
States companies in Saudi Arabia and brought the 
matter to the attention of the Saudi Embassy. 
(2) As a result of the May 19, 1992, hearing, 
outstanding claims by United States companies 
against the Kingdom of Saudi Arabia resulted in the 
initiation by the Committee on Foreign Affairs of the 
House of Representatives and the Committee on For-
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228 
eign Relations of the Senate of a special claims proc-
ess to resolve the claims, which was included in subse-
quent legislation. 
(3) Failure to resolve all such claims has set a 
poor precedent for dispute resolution processes and 
trade relations between the United States and the 
Kingdom of Saudi Arabia. 
(b) SENSE OF CONGRESS.—It is the sense of Congress 
that the Secretary of State should— 
(1) immediately engage with the Kingdom of 
Saudi Arabia to resolve any outstanding claims de-
scribed in subsection (a) through the special claims 
process described in that subsection; and 
(2) take this matter into account when reviewing 
United States relations with the Kingdom of Saudi 
Arabia, including with respect to current and future 
trade agreements and related activities. 
(c) REPORT.—The Secretary of State shall, not later 
than 30 days after the date of the enactment of this Act, 
and not later than 120 days thereafter, submit to the appro-
priate congressional committees a report on the progress 
achieved in resolving any remaining claims described in 
subsection (a). 
SEC. 1129. PROMOTION OF HUMAN RIGHTS IN VIETNAM. 
(a) FINDINGS.—Congress finds the following: 
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229 
(1) The relationship between the United States 
and the Socialist Republic of Vietnam has grown sub-
stantially since the end of the trade embargo in 1994, 
with annual trade between the two countries exceed-
ing $15,300,000,000 in 2009. 
(2) The Government of Vietnam’s transition to-
ward greater economic freedom and trade has not 
been matched by greater political freedom and sub-
stantial improvements in basic human rights for Viet-
namese citizens, including freedom of religion, expres-
sion, association, and assembly. 
(3) The United States Congress agreed to Viet-
nam becoming an official member of the World Trade 
Organization in 2006, amidst assurances that the 
Government of Vietnam was steadily improving its 
human rights record and would continue to do so. 
(4) Vietnam remains 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. 
(5) Although in recent years the National Assem-
bly of Vietnam has played an increasingly active role 
as a forum for highlighting local concerns, corruption, 
and inefficiency, the National Assembly remains sub-
ject to the direction of the CPV and the CPV main-
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230 
tains control over the selection of candidates in na-
tional and local elections. 
(6) The Government of Vietnam forbids public 
challenge to the legitimacy of the one-party state, re-
stricts freedoms of opinion, the press, and association 
and tightly limits access to the Internet and tele-
communication. 
(7) Since Vietnam’s accession to the WTO on 
January 11, 2007, the Government of Vietnam arbi-
trarily arrested and imprisoned numerous individ-
uals for their peaceful advocacy of religious freedom, 
democracy, and human rights, including Father 
Nguyen Van Ly, human rights lawyers Nguyen Van 
Dai, Le Thi Cong Nhan, Cu Huy Ha Vu, and Le 
Cong Dinh, and bloggers Nguyen Van Hai and Phan 
Thanh Hai. 
(8) The Government of Vietnam continues to de-
tain, imprison, place under house arrest, convict, or 
otherwise restrict persons for the peaceful expression 
of dissenting political or religious views. 
(9) The Government of Vietnam has also failed 
to improve labor rights, continues to arrest and har-
ass labor leaders, and restricts the right to organize 
independently. 
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231 
(10) The Government of Vietnam continues to 
limit the freedom of religion, restrict the operations of 
independent religious organizations, and persecute be-
lievers whose religious activities the Government re-
gards as a potential threat to its monopoly on power. 
(11) Despite reported progress in church open-
ings and legal registrations of religious venues, the 
Government of Vietnam has halted most positive ac-
tions with respect to religious freedom since the De-
partment of State lifted the ‘‘country of particular 
concern’’ (CPC) designation for Vietnam in November 
2006. 
(12) The Government of Vietnam controls all 
print and electronic media, including access to the 
Internet, jams the signals of some foreign radio sta-
tions, including Radio Free Asia, and has detained 
and imprisoned individuals who have posted, pub-
lished, sent, or otherwise distributed democracy-re-
lated materials. 
(13) People arrested in Vietnam because of their 
political or religious affiliations and activities often 
are not accorded due legal process as they lack full ac-
cess to lawyers of their choice, may experience closed 
trials, have often been detained for years without 
trial, and have been subjected to the use of torture to 
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232 
admit crimes they did not commit or to falsely de-
nounce their own leaders. 
(14) Vietnam continues to be a source country 
for the commercial sexual exploitation and forced 
labor of women and girls, as well as for men and 
women legally entering into international labor con-
tracts who subsequently face conditions of debt bond-
age or forced labor, and is a destination country for 
child trafficking and continues to have internal 
human trafficking. 
(15) Although the Government of Vietnam re-
ports progress in combating human trafficking, it 
does not fully comply with the minimum standards 
for the elimination of trafficking, and is not making 
substantial efforts to comply. 
(16) United States refugee resettlement pro-
grams, including the Humanitarian Resettlement 
(HR) Program, the Orderly Departure Program 
(ODP), Resettlement Opportunities for Vietnamese 
Returnees (ROVR) Program, general resettlement of 
boat people from refugee camps throughout Southeast 
Asia, the Amerasian Homecoming Act of 1988, and 
the Priority One Refugee resettlement category, have 
helped rescue Vietnamese nationals who have suffered 
persecution on account of their associations with the 
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233 
United States or, in many cases, because of such asso-
ciations by their spouses, parents, or other family 
members, as well as other Vietnamese nationals who 
have been persecuted because of race, religion, nation-
ality, political opinion, or membership in a par-
ticular social group. 
(17) While previous programs have served their 
purposes well, a significant number of eligible refu-
gees from Vietnam were unfairly denied or excluded, 
including Amerasians, in some cases by vindictive or 
corrupt Vietnamese officials who controlled access to 
the programs, and in others by United States per-
sonnel who imposed unduly restrictive interpretations 
of program criteria. In addition, the Government of 
Vietnam has denied passports to persons who the 
United States has found eligible for refugee admis-
sion. 
(18) Congress has passed numerous resolutions 
condemning human rights abuses in Vietnam, indi-
cating that although there has been an expansion of 
relations with the Government of Vietnam, it should 
not be construed as approval of the ongoing and seri-
ous violations of fundamental human rights in Viet-
nam. 
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234 
(b) PROHIBITION ON INCREASED NONHUMANITARIAN 
ASSISTANCE TO THE GOVERNMENT OF VIETNAM.— 
(1) ASSISTANCE.— 
(A) IN GENERAL.—Except as provided in 
paragraph (2), the Federal Government may not 
provide any nonhumanitarian assistance author-
ized to be appropriated by this Act or any 
amendment made by this Act to the Government 
of Vietnam during any fiscal year in an amount 
that exceeds the amount of such assistance pro-
vided during fiscal year 2011 unless— 
(i) the Federal Government provides 
assistance supporting the creation and fa-
cilitation of human rights training, civil so-
ciety capacity building, noncommercial rule 
of law programming, and exchange pro-
grams between the Vietnamese National As-
sembly and the United States Congress at 
levels commensurate with, or exceeding, any 
increases in nonhumanitarian assistance to 
Vietnam authorized to be appropriated by 
this Act or any amendment made by this 
Act; 
(ii) with respect to the limitation for 
fiscal year 2012, the President determines 
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235 
and certifies to Congress, not later than 30 
days after the date of the enactment of this 
Act, that the requirements of clauses (i) 
through (vii) of subparagraph (B) have been 
met during the 12-month period ending on 
the date of the certification; and 
(iii) with respect to the limitation for 
subsequent fiscal years, the President deter-
mines and certifies to Congress every 12 
months after the certification required pur-
suant to clause (ii) of this subparagraph, 
that the requirements of subparagraphs (i) 
through (vii) of subparagraph (B) have been 
met during the 12-month period prior to 
such certification. 
(B) REQUIREMENTS.—The requirements of 
this subparagraph are the following: 
(i) The Government of Vietnam has 
made substantial progress toward releasing 
all political and religious prisoners from 
imprisonment, house arrest, and other forms 
of detention. 
(ii) The Government of Vietnam has 
made substantial progress toward— 
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236 
(I) respecting the right to freedom 
of religion, including the right to par-
ticipate in religious activities and in-
stitutions without interference, harass-
ment, or involvement of the Govern-
ment, for all of Vietnam’s diverse reli-
gious communities; and 
(II) returning estates and prop-
erties confiscated from the churches 
and religious communities. 
(iii) The Government of Vietnam has 
made substantial progress toward respecting 
the right to freedom of expression, assembly, 
and association, including the release of 
independent journalists, bloggers, and de-
mocracy and labor activists. 
(iv) The Government of Vietnam has 
made substantial progress toward repealing 
or revising laws that criminalize peaceful 
dissent, independent media, unsanctioned 
religious activity, and nonviolent dem-
onstrations and rallies, in accordance with 
international standards and treaties to 
which Vietnam is a party. 
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237 
(v) The Government of Vietnam has 
made substantial progress toward allowing 
Vietnamese nationals free and open access 
to United States refugee programs. 
(vi) The Government of Vietnam has 
made substantial progress toward respecting 
the human rights of members of all ethnic 
and minority groups. 
(vii) Neither any official of the Gov-
ernment of Vietnam nor any agency or enti-
ty wholly or partly owned by the Govern-
ment of Vietnam was complicit in a severe 
form of trafficking in persons, or the Gov-
ernment of Vietnam took all appropriate 
steps to end any such complicity and hold 
such official, agency, or entity fully ac-
countable for its conduct. 
(2) EXCEPTION.— 
(A) CONTINUATION OF ASSISTANCE IN THE 
NATIONAL INTEREST.—Notwithstanding the fail-
ure of the Government of Vietnam to meet the re-
quirements of clauses (i) through (vii) of para-
graph (1)(B), the President may waive the ap-
plication of paragraph (1) for any fiscal year if 
the President determines that the provision to the 
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238 
Government of Vietnam of increased nonhumani-
tarian assistance authorized to be appropriated 
by this Act or any amendment made by this Act 
would promote the purpose of this section or is 
otherwise in the national interest of the United 
States. 
(B) EXERCISE
OF
WAIVER
AUTHORITY.— 
The President may exercise the authority under 
subparagraph (A) with respect to— 
(i) all United States nonhumanitarian 
assistance to Vietnam authorized to be ap-
propriated by this Act or any amendment 
made by this Act; or 
(ii) one or more programs, projects, or 
activities of such assistance. 
(3) DEFINITIONS.—In this section: 
(A) NONHUMANITARIAN
ASSISTANCE.—The 
term ‘‘nonhumanitarian assistance’’ means— 
(i) 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 Invest-
ment Corporation) authorized to be appro-
priated by this Act or any amendment 
made by this Act, other than— 
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239 
(I) disaster relief assistance, in-
cluding any assistance under chapter 9 
of part I of that Act; 
(II) assistance which involves the 
provision of food (including monetiza-
tion of food) or medicine; 
(III) assistance for refugees; and 
(IV) assistance to combat HIV/ 
AIDS, including any assistance under 
section 104A of that Act; and 
(ii) sales, or financing on any terms, 
under the Arms Export Control Act. 
(B) SEVERE
FORMS
OF
TRAFFICKING
IN 
PERSONS.—The term ‘‘severe form of trafficking 
in persons’’ means any activity described in sec-
tion 103(8) of the Trafficking Victims Protection 
Act of 2000 (Public Law 106–386 (114 Stat. 
1470); 22 U.S.C. 7102(8)). 
(c) EFFECTIVE DATE.—This section shall take effect 
on the date of the enactment of this Act and shall apply 
with respect to the provision of nonhumanitarian assistance 
to the Government of Vietnam authorized to be appro-
priated by this Act or any amendment made by this Act 
during fiscal year 2012 and subsequent fiscal years. 
(d) UNITED STATES PUBLIC DIPLOMACY.— 
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240 
(1) RADIO FREE ASIA TRANSMISSIONS TO VIET-
NAM.—It is the policy of the United States to take 
such measures as are necessary to overcome the jam-
ming of Radio Free Asia by the Government of Viet-
nam. 
(2) UNITED
STATES
EDUCATIONAL
AND
CUL-
TURAL EXCHANGE PROGRAMS WITH VIETNAM.—It is 
the policy of the United States that programs of edu-
cational and cultural exchange with Vietnam should 
actively promote progress toward freedom and democ-
racy in Vietnam by providing opportunities to Viet-
namese nationals from a wide range of occupations 
and perspectives to see freedom and democracy in ac-
tion and, also, by ensuring that Vietnamese nationals 
who have already demonstrated a commitment to 
these values are included in such programs. 
(e) REFUGEE RESETTLEMENT
FOR NATIONALS
OF 
VIETNAM.—It is the policy of the United States to offer ref-
ugee resettlement to nationals of Vietnam (including mem-
bers of the Montagnard ethnic minority groups) who were 
eligible for the Orderly Departure Program (ODP), the Hu-
manitarian Resettlement (HR) Program, the Resettlement 
Opportunities for Vietnamese Returnees (ROVR) Program, 
the Amerasian Homecoming Act of 1988, or any other 
United States refugee program and who were deemed ineli-
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241 
gible due to administrative error or who for reasons beyond 
the control of such individuals (including insufficient or 
contradictory information or the inability to pay bribes de-
manded by officials of the Government of Vietnam) were 
unable or failed to apply for such programs in compliance 
with deadlines imposed by the Department of State. 
Subtitle C—Statements of Policy 
SEC. 1131. ECUMENICAL PATRIARCHATE. 
The United States calls on the Republic of Turkey to— 
(1) based on the goals specified in the draft of 
the European Union Constitution, eliminate all forms 
of discrimination, particularly those forms based on 
race or religion, and immediately— 
(A) grant the Ecumenical Patriarchate ap-
propriate international recognition and eccle-
siastic succession; 
(B) grant the Ecumenical Patriarchate the 
right to train clergy of all nationalities, not just 
Turkish nationals; and 
(C) respect the human rights and property 
rights of the Ecumenical Patriarchate; 
(2) pledge to uphold and safeguard religious and 
human rights without compromise; and 
(3) continue the achievement of processes and 
programs to modernize and democratize its society. 
VerDate Mar 15 2010 
21:24 Sep 23, 2011
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sroberts on DSK5SPTVN1PROD with BILLS