Sec. 3. Prohibition on increased nonhumanitarian assistance to the Government of Vietnam
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Except as provided in subsection (b), the Federal Government may not provide nonhumanitarian assistance to the Government of Vietnam during any fiscal year in an amount that exceeds the amount of such assistance provided for fiscal year 2012 unless— with respect to the limitation for fiscal year 2014, the President determines and certifies to Congress, not later than 30 days after the date of the enactment of this Act, that the requirements of subparagraphs
(A)through
(G)of paragraph
(2)have been met during the 12-month period ending on the date of the certification; and with respect to the limitation for subsequent fiscal years, the President determines and certifies to Congress, in the most recent annual report submitted pursuant to section 6, that the requirements of subparagraphs
(A)through
(G)of paragraph
(2)have been met during the 12-month period covered by the report. The requirements of this paragraph are the following: The Government of Vietnam has made substantial progress toward releasing all political and religious prisoners from imprisonment, house arrest, and other forms of detention. 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 institutions without interference, harassment, or involvement of the Government, for all of Vietnam’s diverse religious communities; and returning estates and properties confiscated from the churches and religious communities. The Government of Vietnam has made substantial progress toward respecting the right to freedom of expression, assembly, and association, including the release of independent journalists, bloggers, and democracy and labor activists. The Government of Vietnam has made substantial progress toward repealing or revising laws that criminalize peaceful dissent, independent media, unsanctioned religious activity, and nonviolent demonstrations and rallies, in accordance with international standards and treaties to which Vietnam is a party. The Government of Vietnam has made substantial progress toward allowing Vietnamese nationals free and open access to United States refugee programs. The Government of Vietnam has made substantial progress toward respecting the human rights of members of all ethnic and minority groups. Neither any official of the Government of Vietnam nor any agency or entity wholly or partly owned by the Government of Vietnam was complicit in a severe form of trafficking in persons, or the Government of Vietnam took all appropriate steps to end any such complicity and hold such official, agency, or entity fully accountable for its conduct. Notwithstanding the failure of the Government of Vietnam to meet the requirements 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 nonhumanitarian assistance would promote the purpose of this Act or is otherwise in the national interest of the United States. The President may exercise the authority under paragraph
(1)with respect to— all United States nonhumanitarian assistance to Vietnam; or one or more programs, projects, or activities of such assistance. In this section: The term nonhumanitarian assistance means— any assistance under the Foreign Assistance Act of 1961 (including programs (22 U.S.C. 2292 et seq.) under title IV of chapter 2 of part I of that Act (22 U.S.C. 2191 et seq.; relating to the Overseas Private Investment Corporation)), other than— disaster relief assistance, including any assistance under chapter 9 of part I of that Act (22 U.S.C. 2292 et seq.); assistance which involves the provision of food (including monetization of food) or medicine; assistance for environmental remediation of dioxin-contaminated sites and related health activities; assistance for demining and unexploded ordnance
(UXO)remediation, and related health and educational activities; assistance to combat severe forms of trafficking in persons; assistance to combat pandemic diseases; assistance for refugees; and assistance to combat HIV/AIDS, including any assistance under section 104A of that Act ( 22 U.S.C. 2151b–2 ); and sales, or financing on any terms, under the Arms Export Control Act (22 U.S.C. 2751 et seq.). The term severe form of trafficking in persons means any activity described in section 103(8) of the Trafficking Victims Protection Act of 2000 ( 22 U.S.C. 7102(8) ). This section shall take effect on the date of the enactment of this Act and shall apply with respect to the provision of nonhumanitarian assistance to the Government of Vietnam for fiscal year 2014 and subsequent fiscal years.
Connectionstraces to 3
2 references not yet in our index
- 22 USC 2191
- 22 USC 2151b–2
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cites case law
Sec. 3
Prohibition on increased nonhumanitarian assistance to the Government of Vietnam
Cite22 USC 2191
Cite22 USC 2151b–2
Cites 5Cited by 0 across 0 sources