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(D) During Easter weekend in April 2004, 
thousands of Montagnards gathered to protest their 
treatment by the Government of Vietnam, including 
the confiscation of tribal lands and ongoing restric-
tions on religious activities. Credible reports indicate 
that the protests were met with a violent response 
and that many demonstrators were arrested, injured, 
or are in hiding, and that others were killed. 
(E) Government officials continue to restrict ac-
cess to the Central and Northwest Highlands of 
Vietnam by diplomats, nongovernmental organiza-
tions, journalists, and other foreigners, making it 
difficult to verify conditions in those areas. 
(7)(A) United States refugee resettlement pro-
grams for Vietnamese nationals, including the Or-
derly Departure Program (ODP), the Resettlement 
Opportunities for Returning Vietnamese (ROVR) 
program, the Priority One (P1) program and the re-
settlement of boat people from refugee camps 
throughout Southeast Asia, were authorized by law 
in order to rescue Vietnamese nationals who have 
suffered persecution on account of their wartime as-
sociations with the United States, as well as those 
who currently have a well-founded fear of persecu-
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tion on account of race, religion, nationality, political 
opinion, or membership in a particular social group. 
(B) While those programs have served their 
purposes well, a significant number of eligible refu-
gees were unfairly denied or excluded, in some cases 
by vindictive or corrupt Vietnamese officials who 
controlled access to the programs, and in others by 
United States personnel who imposed unduly restric-
tive interpretations of program criteria. 
(C) The Department of State has agreed to ex-
tend the September 30, 1994, registration deadline 
for former United States employees, ‘‘re-education’’ 
survivors, and surviving spouses of those who did 
not survive ‘‘re-education’’ camps to sign up for 
United States refugee programs, as well as to re-
sume the Vietnamese In-Country Priority One Pro-
gram in Vietnam to provide protection to victims of 
persecution on account of race, religion, nationality, 
political opinion, or membership in a particular so-
cial group who otherwise have no access to the Or-
derly Departure Program. 
(D) The former U.S. Immigration and Natu-
ralization Service agreed to resume the processing of 
former United States employees under the U11 pro-
gram, which had been unilaterally suspended by the
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United States Government, as well as to review the 
applications of Amerasians, children of American 
servicemen left behind in Vietnam after the war 
ended in April 1975, for resettlement to the United 
States under the Amerasian Homecoming Act of 
1988. 
(8) Congress and people of the United States 
are united in their determination that the expansion 
of relations with Vietnam, a country whose govern-
ment engages in serious violations of fundamental 
human rights, should not be construed as approval 
of or complacency about such practices. The pro-
motion of freedom and democracy around the world 
is and must continue to be a central objective of 
United States foreign policy. Congress remains will-
ing and hopeful to recognize improvement in the fu-
ture human rights practices of the Government of 
Vietnam, which is the motivating purpose behind 
this Act. 
TITLE 
I—CONDITIONS 
ON 
IN-
CREASED 
NONHUMANI-
TARIAN ASSISTANCE TO THE 
GOVERNMENT OF VIETNAM 
SEC. 101. BILATERAL NONHUMANITARIAN ASSISTANCE. 
(a) ASSISTANCE.—
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(1) IN GENERAL.—United States nonhumani-
tarian assistance may not be provided to the Govern-
ment of Vietnam in an amount exceeding the 
amount so provided for fiscal year 2004—
(A) for fiscal year 2005 unless not later 
than 30 days after the date of the enactment of 
this Act the President determines and certifies 
to Congress that the requirements of subpara-
graphs (A) through (D) of paragraph (2) have 
been met during the 12-month period ending on 
the date of the certification; and 
(B) for each subsequent fiscal year unless 
the President determines and certifies to Con-
gress in the most recent annual report sub-
mitted pursuant to section 401 that the re-
quirements of subparagraphs (A) through (E) 
of paragraph (2) have been met during the 12-
month period covered by the report. 
(2) REQUIREMENTS.—The requirements of this 
paragraph are that—
(A) the Government of Vietnam has made 
substantial progress toward releasing all polit-
ical and religious prisoners from imprisonment, 
house arrest, and other forms of detention;
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(B)(i) the Government of Vietnam has 
made substantial progress toward respecting 
the right to freedom of religion, including the 
right to participate in religious activities and in-
stitutions without interference by or involve-
ment of the Government; and 
(ii) has made substantial progress toward 
returning estates and properties confiscated 
from the churches; 
(C) the Government of Vietnam has made 
substantial progress toward allowing Viet-
namese nationals free and open access to 
United States refugee programs; 
(D) the Government of Vietnam has made 
substantial progress toward respecting the 
human rights of members of ethnic minority 
groups in the Central Highlands and elsewhere 
in Vietnam; and 
(E)(i) neither any official of the Govern-
ment of Vietnam nor any agency or entity whol-
ly or partly owned by the Government of Viet-
nam was complicit in a severe form of traf-
ficking in persons; or 
(ii) the Government of Vietnam took all 
appropriate steps to end any such complicity
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and hold such official, agency, or entity fully 
accountable for its conduct. 
(b) EXCEPTION.—
(1) CONTINUATION OF ASSISTANCE IN THE NA-
TIONAL INTEREST.—Notwithstanding the failure of 
the Government of Vietnam to meet the require-
ments of subsection (a)(2), the President may waive 
the application of subsection (a) for any fiscal year 
if the President determines that the provision to the 
Government of Vietnam of increased United States 
nonhumanitarian assistance would promote the pur-
poses of this Act or is otherwise in the national in-
terest of the United States. 
(2) EXERCISE
OF
WAIVER
AUTHORITY.—The 
President may exercise the authority under para-
graph (2) with respect to—
(A) all United States nonhumanitarian as-
sistance to Vietnam; or 
(B) one or more programs, projects, or ac-
tivities of such assistance. 
(c) DEFINITIONS.—In this section: 
(1) SEVERE FORM OF TRAFFICKING IN PER-
SONS.—The term ‘‘severe form of trafficking in per-
sons’’ means any activity described in section 103(8) 
of the Trafficking Victims Protection Act of 2000