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(Public Law 106–386 (114 Stat. 1470); 22 U.S.C. 
7102(8)). 
(2) UNITED
STATES
NONHUMANITARIAN
AS-
SISTANCE.—The term ‘‘United States nonhumani-
tarian assistance’’ means—
(A) any assistance under the Foreign As-
sistance Act of 1961 (including programs under 
title IV of chapter 2 of part I of that Act, relat-
ing to the Overseas Private Investment Cor-
poration), other than—
(i) disaster relief assistance, including 
any assistance under chapter 9 of part I of 
that Act; 
(ii) assistance which involves the pro-
vision of food (including monetization 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 
(B) sales, or financing on any terms, under 
the Arms Export Control Act.
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TITLE II—ASSISTANCE TO SUP-
PORT HUMAN RIGHTS AND 
DEMOCRACY IN VIETNAM 
SEC. 201. ASSISTANCE. 
(a) IN GENERAL.—The President is authorized to 
provide assistance, through appropriate nongovernmental 
organizations, for the support of individuals and organiza-
tions to promote democracy and internationally recognized 
human rights in Vietnam. 
(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 
2005 and 2006. 
TITLE III—UNITED STATES 
PUBLIC DIPLOMACY 
SEC. 301. RADIO FREE ASIA TRANSMISSIONS TO VIETNAM. 
(a) POLICY OF THE UNITED STATES.—It is the pol-
icy of the United States to take such measures as are nec-
essary to overcome the jamming of Radio Free Asia by 
the Government of Vietnam, including the active pursuit 
of broadcast facilities in close geographic proximity to 
Vietnam. 
(b) AUTHORIZATION OF APPROPRIATIONS.—In addi-
tion to such amounts as are otherwise authorized to be 
appropriated for the Broadcasting Board of Governors,
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there are authorized to be appropriated to carry out the 
policy under subsection (a) $9,100,000 for the fiscal year 
2005 and $1,100,000 for the fiscal year 2006. 
SEC. 302. UNITED STATES EDUCATIONAL AND CULTURAL 
EXCHANGE PROGRAMS WITH VIETNAM. 
It is the policy of the United States that programs 
of educational and cultural exchange with Vietnam should 
actively promote progress toward freedom and democracy 
in Vietnam by providing opportunities to Vietnamese na-
tionals from a wide range of occupations and perspectives 
to see freedom and democracy in action and, also, by en-
suring that Vietnamese nationals who have already dem-
onstrated a commitment to these values are included in 
such programs. 
TITLE IV—ANNUAL REPORT ON 
PROGRESS 
TOWARD 
FREE-
DOM 
AND 
DEMOCRACY 
IN 
VIETNAM 
SEC. 401. ANNUAL REPORT. 
(a) IN GENERAL.—Not later than 6 months after the 
date of the enactment of this Act and every 12 months 
thereafter, the Secretary of State shall submit to the Con-
gress a report on the following:
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(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 Viet-
nam 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 
(Public Law 104–319) regarding participation in 
programs of educational and cultural exchange. 
(4) 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 con-
cerns 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
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may qualify for protection under United States ref-
ugee programs. 
(5) A description of the development of the rule 
of law in Vietnam, including, but not limited to—
(A) progress toward the development of in-
stitutions of democratic governance; 
(B) processes by which statutes, regula-
tions, rules, and other legal acts of the Govern-
ment of Vietnam are developed and become 
binding within Vietnam; 
(C) the extent to which statutes, regula-
tions, rules, administrative and judicial deci-
sions, and other legal acts of the Government of 
Vietnam are published and are made accessible 
to the public; 
(D) the extent to which administrative and 
judicial decisions are supported by statements 
of reasons that are based upon written statutes, 
regulations, rules, and other legal acts of the 
Government of Vietnam; 
(E) the extent to which individuals are 
treated equally under the laws of Vietnam with-
out regard to citizenship, race, religion, political 
opinion, or current or former associations;
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(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 Vietnam 
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 
Rights. 
(b) CONTACTS WITH OTHER ORGANIZATIONS.—In 
preparing the report under subsection (a), the Secretary 
shall, as appropriate, consult with and seek input from 
nongovernmental organizations, human rights advocates 
(including Vietnamese-Americans and human rights advo-
cates in Vietnam), and the United States Commission on 
Religious Freedom.
Passed the House of Representatives July 19, 2004. 
Attest: 
JEFF TRANDAHL, 
Clerk.