of the Commission from the Senate as Cochairman
of the Commission.
SEC. 104. VOTES OF THE COMMISSION.
Decisions of the Commission, including adoption of
reports and recommendations to the executive branch or
to the Congress, shall be made by a majority vote of the
members of the Commission present and voting. Two-
thirds of the Members of the Commission shall constitute
a quorum for purposes of conducting business.
SEC. 105. EXPENDITURE OF APPROPRIATIONS.
For each fiscal year for which an appropriation is
made to the Commission, the Commission shall issue a
report to the Congress on its expenditures under that ap-
propriation.
SEC. 106. TESTIMONY OF WITNESSES, PRODUCTION OF EVI-
DENCE; ISSUANCE OF SUBPOENAS; ADMINIS-
TRATION OF OATHS.
In carrying out this title, the Commission may re-
quire, by subpoena or otherwise, the attendance and testi-
mony of such witnesses and the production of such books,
records, correspondence, memoranda, papers, documents,
and electronically recorded data as it considers necessary.
Subpoenas may be issued only pursuant to a two-thirds
vote of members of the Commission present and voting.
Subpoenas may be issued over the signature of the Chair-
man of the Commission or any member designated by the
Chairman, and may be served by any person designated
by the Chairman or such member. The Chairman of the
Commission, or any member designated by the Chairman,
may administer oaths to any witness.
SEC. 107. APPROPRIATIONS FOR THE COMMISSION.
(a) AUTHORIZATION; DISBURSEMENTS.—
(1) AUTHORIZATION.—There are authorized to
be appropriated to the Commission for fiscal year
2002, and each fiscal year thereafter, such sums as
may be necessary to enable it to carry out its func-
tions. Appropriations to the Commission are author-
ized to remain available until expended.
(2) DISBURSEMENTS.—Appropriations to the
Commission 
shall 
be 
disbursed 
on 
vouchers
approved—
(A) jointly by the Chairman and the Co-
chairman; or
(B) by a majority of the members of the
personnel and administration committee estab-
lished pursuant to section 108.
(b) FOREIGN TRAVEL FOR OFFICIAL PURPOSES.—
Foreign travel for official purposes by members and staff
of the Commission may be authorized by either the Chair-
man or the Cochairman.
SEC. 108. STAFF OF THE COMMISSION.
(a) 
PERSONNEL
AND
ADMINISTRATION
COM-
MITTEE.—The Commission shall have a personnel and ad-
ministration committee composed of the Chairman, the
Cochairman, the senior member of the Commission from
the minority party of the House of Representatives, and
the senior member of the Commission from the minority
party of the Senate.
(b) COMMITTEE
FUNCTIONS.—All decisions per-
taining to the hiring, firing, and fixing of pay of personnel
of the Commission shall be by a majority vote of the per-
sonnel and administration committee, except that—
(1) the Chairman shall be entitled to appoint
and fix the pay of the staff director, and the Co-
chairman shall be entitled to appoint and fix the pay
of the Cochairman’s senior staff member; and
(2) the Chairman and Cochairman shall each
have the authority to appoint, with the approval of
the personnel and administration committee, at least
four professional staff members who shall be respon-
sible to the Chairman or the Cochairman (as the
case may be) who appointed them.
Subject to subsection (d), the personnel and administra-
tion committee may appoint and fix the pay of such other
personnel as it considers desirable.
(c) STAFF APPOINTMENTS.—All staff appointments
shall be made without regard to the provisions of title 5,
United States Code, governing appointments in the com-
petitive service, and without regard to the provisions of
chapter 51 and subchapter III of chapter 53 of such title
relating to classification and general schedule pay rates.
(d) QUALIFICATIONS OF PROFESSIONAL STAFF.—
The personnel and administration committee shall ensure
that the professional staff of the Commission consists of
persons with expertise in areas including human rights,
internationally recognized worker rights, international eco-
nomics, law (including international law), rule of law and
other foreign assistance programming, the politics of Viet
Nam, economy and culture, and the language of Viet
Nam.
(e) COMMISSION EMPLOYEES
AS CONGRESSIONAL
EMPLOYEES.—
(1) IN
GENERAL.—For purposes of pay and
other employment benefits, rights, and privileges,
and for all other purposes, any employee of the
Commission shall be considered to be a congressional
employee as defined in section 2107 of title 5,
United States Code.
(2) COMPETITIVE
STATUS.—For purposes of
section 3304(c)(1) of title 5, United States Code,
employees of the Commission shall be considered as
if they are in positions in which they are paid by
the Secretary of the Senate or the Clerk of the
House of Representatives.
SEC. 109. PRINTING AND BINDING COSTS.
For purposes of costs relating to printing and bind-
ing, including the costs of personnel detailed from the
Government Printing Office, the Commission shall be
deemed to be a committee of the Congress.
TITLE II—PROMOTION OF FREE-
DOM 
AND 
DEMOCRACY 
IN
VIET NAM
Subtitle A—Prohibition on Non-
humanitarian Assistance to the
Government of Viet Nam
SEC. 201. BILATERAL NONHUMANITARIAN ASSISTANCE.
(a) IN GENERAL.—United States nonhumanitarian
assistance may not be provided to the Government of Viet
Nam for fiscal year 2002 and each subsequent fiscal year
unless the President determines and certifies to Congress
for such fiscal year that—
(1) the Government of Viet Nam has released
all political and religious prisoners from imprison-
ment, house arrest, and other forms of detention;
(2) the Government of Viet Nam respects the
right to freedom of religion, including the right to
participate in religious activities and institutions
without interference by or involvement of the Gov-
ernment;
(3) the Government of Viet Nam does not vio-
late the human rights of members of ethnic minority
groups in the Central Highlands or elsewhere in Viet
Nam; and
(4) neither any official of the Government of
Viet Nam nor any entity wholly or partly owned by
the Government of Viet Nam is complicit in a severe
form of trafficking in persons.
(b) 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
(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