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 Viet Nam has made
substantial progress toward releasing all polit-
ical and religious prisoners from imprisonment,
house arrest, and other forms of detention;
(B) the Government of Viet Nam 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;
(C) the Government of Viet Nam has made
substantial progress toward respecting the
human rights of members of ethnic minority
groups in the Central Highlands or elsewhere in
Viet Nam; and
(D)(i) neither any official of the Govern-
ment of Viet Nam nor any agency or entity
wholly or partly owned by the Government of
Viet Nam was complicit in a severe form of
trafficking in persons; or
(ii) the Government of Viet Nam took all
appropriate steps to end any such complicity
and hold such official, agency, or entity fully
accountable for its conduct.
(b) EXCEPTION.—
(1) IN
GENERAL.—Subsection (a) shall not
apply for any fiscal year with respect to the provi-
sion of United States nonhumanitarian assistance
for any program or activity for which such assist-
ance was provided to the Government of Viet Nam
for fiscal year 2001 in an amount not to exceed the
amount so provided for fiscal year 2001.
(2) CONTINUATION OF ASSISTANCE IN THE NA-
TIONAL INTEREST.—Notwithstanding the failure of
the Government of Viet Nam 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 Viet Nam 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.
(3) EXERCISE OF WAIVER AUTHORITY.—
(A) IN GENERAL.—The President may ex-
ercise the authority under paragraph (2) with
respect to—
(i) all United States nonhumanitarian
assistance to Viet Nam; or
(ii) one or more programs, projects, or
activities of such assistance.
(B) ALTERNATIVE
MEASURES.—In the
event the President exercises the authority
under paragraph (2), the Secretary of State
shall implement all appropriate alternative
measures to avoid any adverse effect on the
promotion of freedom and democracy in Viet
Nam, including measures to ensure to the max-
imum extent practicable that United States
nonhumanitarian assistance does not benefit of-
ficials or agencies of the Government of Viet
Nam that are complicit in serious violations of
internationally recognized human rights.
(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
(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; and
(iii) assistance for refugees; and
(B) sales, or financing on any terms, under
the Arms Export Control Act.
SEC. 
202. 
MULTILATERAL 
NONHUMANITARIAN 
ASSIST-
ANCE.
The President shall ensure that section 701 of the
International Financial Institutions Act (22 U.S.C. 262d),
relating to human rights, is carried out with respect to
Viet Nam.
Subtitle B—Assistance to Support
Democracy in Viet Nam
SEC. 211. 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 human rights and nonviolent democratic
change in Viet Nam.
(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
2002 and 2003.
Subtitle C—United States Public
Diplomacy
SEC. 221. RADIO FREE ASIA TRANSMISSIONS TO VIET NAM.
(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 Viet Nam.
(b) AUTHORIZATION OF APPROPRIATIONS.—In addi-
tion to such amounts as are otherwise authorized to be
appropriated for the Broadcasting Board of Governors,
there are authorized to be appropriated to carry out the
policy under subsection (a) $9,100,000 for the fiscal year
2002 and $1,100,000 for the fiscal year 2003.