Sec. 6. Annual report
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Not later than six months after the date of the enactment of this Act and every 12 months thereafter, the Secretary of State shall submit to Congress a report on the following: The determination and certification of the President that the requirements of subparagraphs
(A)through
(G)of section 3(a)(2) have been met, if applicable. If the President has waived the application of section 3(a) pursuant to section 3(b) during the reporting period— the national interest with respect to which such a waiver was based; the amount of increased nonhumanitarian assistance provided to the Government of Vietnam; and a description of the type and amount of commensurate assistance provided pursuant to section 3(b)(1). Efforts by the United States Government to promote access by the Vietnamese people to Radio Free Asia transmissions. Efforts to ensure that programs with Vietnam promote the policy set forth in section 102 of the Human Rights, Refugee, and Other Foreign Policy Provisions Act of 1996 regarding participation in programs of educational and cultural exchange. 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 concerns regarding the safety and security of, and benefit 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 may qualify for protections under United States refugee programs. A description of the development of the rule of law in Vietnam, including— progress toward the development of institutions of democratic governance; processes by which statutes, regulations, rules, and other legal acts of the Government of Vietnam are developed and become binding within Vietnam; the extent to which statutes, regulations, rules, administrative and judicial decisions, and other legal acts of the Government of Vietnam are published and are made accessible to the public; 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; the extent to which individuals are treated equally under the laws of Vietnam without regard to citizenship, race, religion, political opinion, or current or former associations; 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 the extent to which laws in Vietnam are written and administered in ways that are consistent with international human rights standards, including the rights enumerated in the International Covenant on Civil and Political Rights. In preparing the report under subsection (a), the Secretary shall, as appropriate, seek out and maintain contacts with nongovernmental organizations and human rights advocates (including Vietnamese-Americans and human rights advocates in Vietnam), including receiving reports and updates from such organizations and evaluating such reports. The Secretary shall also seek to consult with the United States Commission on International Religious Freedom for appropriate sections of the report.