[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3190 Introduced in House (IH)]







109th CONGRESS
  1st Session
                                H. R. 3190

              To promote freedom and democracy in Vietnam.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             June 30, 2005

  Mr. Smith of New Jersey (for himself, Mr. Royce, Ms. Zoe Lofgren of 
 California, Mr. Sam Johnson of Texas, Mr. Tom Davis of Virginia, Mr. 
 Wolf, Mr. Rohrabacher, Mr. Payne, Mr. Pence, Mr. Green of Wisconsin, 
 Ms. Ros-Lehtinen, Mr. Crowley, and Ms. Loretta Sanchez of California) 
 introduced the following bill; which was referred to the Committee on 
                        International Relations

_______________________________________________________________________

                                 A BILL


 
              To promote freedom and democracy in Vietnam.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

    (a) Short Title.--This Act may be cited as the ``Vietnam Human 
Rights Act of 2005''.
    (b) Table of Contents.--The table of contents for this Act is as 
follows:

Sec. 1. Short title; table of contents.
Sec. 2. Findings.
Sec. 3. Purpose.
TITLE I--PROHIBITION ON NONHUMANITARIAN ASSISTANCE TO THE GOVERNMENT OF 
                                VIETNAM

Sec. 101. Bilateral nonhumanitarian assistance.
          TITLE II--ASSISTANCE TO SUPPORT DEMOCRACY IN VIETNAM

Sec. 201. Assistance.
               TITLE III--UNITED STATES PUBLIC DIPLOMACY

Sec. 301. Radio Free Asia transmissions to Vietnam.
Sec. 302. United States educational and cultural exchange programs with 
                            Vietnam.
                 TITLE IV--UNITED STATES REFUGEE POLICY

Sec. 401. Refugee resettlement for nationals of Vietnam.
  TITLE V--ANNUAL REPORT ON PROGRESS TOWARD FREEDOM AND DEMOCRACY IN 
                                VIETNAM

Sec. 501. Annual report.

SEC. 2. FINDINGS.

    Congress finds the following:
            (1) The relationship between the United States and the 
        Socialist Republic of Vietnam has grown substantially over the 
        past 10 years, with annual trade between the two countries 
        reaching over $6 billion per year.
            (2) The Government of Vietnam's transition toward greater 
        economic freedom and trade has not been matched by greater 
        political freedom and substantial improvements in human rights.
            (3) Vietnam remains a one party state, ruled and controlled 
        by the Communist Party of Vietnam (CPV), which continues to 
        deny the right of citizens to change their government.
            (4) Although in recent years the National Assembly of 
        Vietnam has played an increasingly active role as a forum for 
        highlighting local concerns, corruption, and inefficiency, the 
        National Assembly remains subject to the direction of the 
        Communist Party of Vietnam and the CPV maintains control over 
        the selection of candidates in national and local elections.
            (5) The Government of Vietnam forbids public challenge to 
        the legitimacy of the one party state, restricts freedoms of 
        opinion, the press, and association and tightly limits access 
        to the Internet and telecommunication.
            (6) The Government of Vietnam continues to detain and 
        imprison persons for the peaceful expression of dissenting 
        religious and political views, including Pham Hong Son, Nguyen 
        Vu Binh, Nguyen Khac Toan, Brother Nguyen Thien Phung, Reverend 
        Than Van Truong and Pastor Nguyen Hong Quang, among others.
            (7) While the Government of Vietnam recently released a 
        handful of political and religious prisoners, including Dr. 
        Nguyen Dan Que, Professor Nguyen Dinh Huy, Father Nguyen Van 
        Ly, and Venerable Thich Thien Minh, these individuals remain 
        under close surveillance by the Government of Vietnam, which 
        has included house detention or police surveillance.
            (8)(A) The Government of Vietnam limits freedom of religion 
        and restricts the operation of religious organizations, 
        allowing only religious organizations officially approved by 
        the Government of Vietnam, but often restricting their 
        selection and training of religious leaders as well as their 
        activities.
            (B) On September 15, 2004, Vietnam was declared a Country 
        of Particular Concern by the Department of State for its severe 
        violations of religious freedom, and despite an agreement 
        concluded with the Department of State in May 2005 committing 
        to greater religious freedom, the Government of Vietnam 
        continues to commit serious human rights abuses in this area.
            (C) Unregistered ethnic minority Protestant congregations 
        in the Northwest and Central Highlands of Vietnam suffer severe 
        abuses because of actions by the Government of Vietnam, which 
        have included forced renunciations of faith, the closure and 
        destruction of churches, the arrest and harassment of pastors, 
        and the withholding of social programs provided for the general 
        population, and in a few cases credible reports indicate that 
        minority religious leaders have been beaten and even killed.
            (D) The Unified Buddhist Church of Vietnam (UBCV) suffers 
        severe persecution as the Government of Vietnam confiscated its 
        temples and persecuted its clergy for refusing to join the 
        state-sponsored Buddhist organizations and continually has 
        detained and confined senior UBCV clergy, including the Most 
        Venerable Thich Huyen Quang, the Most Venerable Thich Quang Do, 
        the Venerable Thich Tue Sy, and others.
            (E) The Catholic Church continues to face significant 
        restrictions on the training and ordination of priests and 
        bishops, resulting in numbers insufficient to support the 
        growing Catholic population in Vietnam and officials of the 
        Government of Vietnam continue to limit the Catholic Church's 
        conduct of religious education classes and charitable 
        activities.
            (F) The Government of Vietnam continues to suppress the 
        activities of other religious adherents, including Cao Dai, 
        Baha'i, and Hoa Hao who lack official recognition or have 
        chosen not to affiliate with the state-sanctioned groups, 
        including through the use of detention and imprisonment.
            (9) The Government of Vietnam controls all print and 
        electronic media, including access to the Internet, jams the 
        signals of some foreign radio stations, including Radio Free 
        Asia, and has detained, convicted, and imprisoned individuals 
        who have posted or sent democracy-related materials via the 
        Internet.
            (10)(A) Indigenous Montagnards in the Central Highlands of 
        Vietnam continue to face particularly severe persecution, with 
        numerous cases of arbitrary arrests and detentions and reports 
        that many Montagnards have gone into hiding, fearing arrest, 
        interrogation, or physical abuse by Government authorities.
            (B) 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 restrictions on religious activities, and 
        credible reports indicate that the protests were met with a 
        violent response as many demonstrators were arrested, injured, 
        or are in hiding, and that others were killed.
            (C) Hundreds of Montagnards continue to flee to neighboring 
        countries, over 700 Montagnards reside in different refugee 
        camps operated by the United Nations High Commissioner for 
        Refugees in Cambodia, and numerous Montagnards have been 
        involuntarily repatriated to Vietnam by the Government of 
        Cambodia, in violation of international law.
            (11) Ethnic minority Hmong in the Northwest Highlands of 
        Vietnam also suffer persecution by the Government of Vietnam, 
        but as with the Central Highlands region, access to the 
        Northwest Highlands by diplomats, nongovernmental 
        organizations, journalists, and other foreigners is severely 
        restricted, making it difficult to verify conditions.
            (12)(A) People arrested in Vietnam because of their 
        political or religious affiliations and activities often are 
        not accorded due legal process as they lack full access to 
        lawyers of their choice, experience closed trials, have often 
        been detained for years without trial, and have been subjected 
        to the use of torture to admit to crimes they did not commit or 
        to falsely denounce their own leaders.
            (B) Members of the Mennonite Church such as Pham Ngoc 
        Thach, Nguyen Van Phuong, Nguyen Thanh Nhan, and Nguyen Huu 
        Nghia were repeatedly tortured prior to their sentencing and 
        authorities have also reportedly increasingly resorted to 
        psychiatric torture against religious prisoners such as Ms. Le 
        Thi Hong Lien and Pastor Than Van Truong.
            (13)(A) United States refugee resettlement programs, 
        including the Orderly Departure Program (ODP), the Resettlement 
        Opportunities for Returning Vietnamese (ROVR) program, general 
        resettlement of boat people from refugee camps throughout 
        Southeast Asia, the Amerasian Homecoming Act of 1988, and the 
        Priority One Refugee resettlement category have helped rescue 
        Vietnamese nationals who have suffered persecution on account 
        of their associations with the United States as well as 
        Vietnamese nationals who have been persecuted because of race, 
        religion, nationality, political opinion, or membership in a 
        particular social group.
            (B) While previous programs have served their purposes 
        well, a significant number of eligible refugees from Vietnam 
        were unfairly denied or excluded, including Amerasians, 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 restrictive interpretations 
        of program criteria. In addition, the Government of Vietnam has 
        denied passports to persons that the United States has found 
        eligible for refugee admission.
            (C) The Department of State has agreed to extend 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 
        resume the Vietnamese In Country Priority One Program in 
        Vietnam to provide protection to victims of persecution on 
        account of race, religion, nationality, political opinion, or 
        membership in a particular social group who otherwise have no 
        access to the Orderly Departure Program.
            (D) The former United States Immigration and Naturalization 
        Service agreed to resume the processing of former United States 
        employees under the U11 program, which had been unilaterally 
        suspended by the 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.
            (14) Congress has passed numerous resolutions condemning 
        human rights abuses in Vietnam, indicating that although there 
        has been an expansion of relations with the Government of 
        Vietnam, it should not be construed as approval of the ongoing 
        and serious violations of fundamental human rights in Vietnam.
            (15) Enhancement of relations between the United States and 
        Vietnam has provided an opportunity for a human rights dialogue 
        and could lead to future progress on human rights issues in 
        Vietnam.

SEC. 3. PURPOSE.

    The purpose of this Act is to promote the development of freedom 
and democracy in Vietnam.

TITLE I--PROHIBITION ON NONHUMANITARIAN ASSISTANCE TO THE GOVERNMENT OF 
                                VIETNAM

SEC. 101. BILATERAL NONHUMANITARIAN ASSISTANCE.

    (a) Assistance.--
            (1) In general.--Except as provided in subsection (b), 
        United States nonhumanitarian assistance may not be provided to 
        the Government of Vietnam--
                    (A) for fiscal year 2006 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 subparagraphs (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 Congress in the 
                most recent annual report submitted pursuant to section 
                501 that the requirements 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 political and religious 
                prisoners from imprisonment, house arrest, and other 
                forms of detention;
                    (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 institutions without 
                interference by or involvement 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 Vietnamese 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 or 
                elsewhere in Vietnam; and
                    (E)(i) 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
                    (ii) 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.
    (b) Exception.--
            (1) In general.--Subsection (a) shall not apply for any 
        fiscal year with respect to the provision of United States 
        nonhumanitarian assistance for any program or activity for 
        which such assistance was provided to the Government of Vietnam 
        for fiscal year 2005 in an amount not to exceed the amount so 
        provided for fiscal year 2005.
            (2) Continuation of assistance in the national interest.--
        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 United States nonhumanitarian 
        assistance would promote the purposes of this Act or is 
        otherwise in the national interest of the United States.
            (3) Exercise of waiver authority.--The President may 
        exercise the authority under paragraph (2) with respect to--
                    (A) all United States nonhumanitarian assistance to 
                Vietnam; or
                    (B) one or more programs, projects, or activities 
                of such assistance.
    (c) Definitions.--In this section:
            (1) Severe form of trafficking in persons.--The term 
        ``severe form of trafficking in persons'' 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 assistance.--The term 
        ``United States nonhumanitarian assistance'' means--
                    (A) any assistance under the Foreign Assistance Act 
                of 1961 (including programs under title IV of chapter 2 
                of part I of that Act, relating to the Overseas Private 
                Investment Corporation), other than--
                            (i) disaster relief assistance, including 
                        any assistance under chapter 9 of part I of 
                        that Act;
                            (ii) assistance which involves the 
                        provision 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.

          TITLE II--ASSISTANCE TO SUPPORT DEMOCRACY IN VIETNAM

SEC. 201. ASSISTANCE.

    (a) In General.--The President is authorized to provide assistance, 
through appropriate nongovernmental organizations, for the support of 
individuals and organizations to promote internationally recognized 
human rights in Vietnam.
    (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 2006 and 2007.

               TITLE III--UNITED STATES PUBLIC DIPLOMACY

SEC. 301. RADIO FREE ASIA TRANSMISSIONS TO VIETNAM.

    (a) Policy of the United States.--It is the policy of the United 
States to take such measures as are necessary to overcome the jamming 
of Radio Free Asia by the Government of Vietnam.
    (b) Authorization of Appropriations.--In addition 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 2006 
and $1,100,000 for the fiscal year 2007.

SEC. 302. UNITED STATES EDUCATIONAL AND CULTURAL EXCHANGE PROGRAMS WITH 
              VIETNAM.

    It is the policy of the United States that programs of educational 
and cultural exchange with Vietnam should actively promote progress 
toward freedom and democracy in Vietnam by providing opportunities to 
Vietnamese nationals from a wide range of occupations and perspectives 
to see freedom and democracy in action and, also, by ensuring that 
Vietnamese nationals who have already demonstrated a commitment to 
these values are included in such programs.

                 TITLE IV--UNITED STATES REFUGEE POLICY

SEC. 401. REFUGEE RESETTLEMENT FOR NATIONALS OF VIETNAM.

    (a) Policy of the United States.--It is the policy of the United 
States to offer refugee resettlement to nationals of Vietnam (including 
members of the Montagnard ethnic minority groups) who were eligible for 
the Orderly Departure Program (ODP), Resettlement Opportunities for 
Vietnamese Returnees (ROVR), the Amerasian Homecoming Act of 1988, or 
any other United States refugee program and who were deemed ineligible 
due to administrative error or who for reasons beyond the control of 
such individuals (including insufficient or contradictory information 
or the inability to pay bribes demanded by officials of the Government 
of Vietnam) were unable or failed to apply for such programs in 
compliance with deadlines imposed by the Department of State.
    (b) Authorized Activity.--Of the amounts authorized to be 
appropriated to the Department of State for Migration and Refugee 
Assistance for each of the fiscal years 2006, 2007, and 2008, such sums 
as may be necessary are authorized to be made available for the 
protection (including resettlement in appropriate cases) of Vietnamese 
refugees and asylum seekers, including Montagnards in Cambodia.

  TITLE V--ANNUAL REPORT ON PROGRESS TOWARD FREEDOM AND DEMOCRACY IN 
                                VIETNAM

SEC. 501. ANNUAL REPORT.

    (a) In General.--Not later than 6 months after the date of the 
enactment of this Act and every 12 months thereafter, the Secretary of 
State shall submit to the Congress a report on the following:
            (1)(A) The determination and certification of the President 
        that the requirements of subparagraphs (A) through (D) of 
        section 101(a)(2) have been met, if applicable.
            (B) The determination of the President under section 
        101(b)(2), if applicable.
            (2) Efforts by the United States Government to secure 
        transmission sites for Radio Free Asia in countries in close 
        geographical proximity to Vietnam in accordance with section 
        301(a).
            (3) Efforts to ensure that programs with Vietnam promote 
        the policy set forth in section 302 and with section 102 of the 
        Human Rights, Refugee, and Other Foreign Policy Provisions Act 
        of 1996 regarding participation in programs of educational and 
        cultural exchange.
            (4) Steps taken to carry out the policy under section 
        401(a).
            (5) 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 the rights 
        described in paragraph (5). 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 protection 
        under United States refugee programs.
            (6) A description of the development of the rule of law in 
        Vietnam, including, but not limited to--
                    (A) progress toward the development of institutions 
                of democratic governance;
                    (B) processes by which statutes, regulations, 
                rules, and other legal acts of the Government of 
                Vietnam are developed and become binding within 
                Vietnam;
                    (C) 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;
                    (D) 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;
                    (E) 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;
                    (F) 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
                    (G) the extent to which laws in Vietnam are written 
                and administered in ways that are consistent with 
                international human rights standards, including the 
                requirements of the International Covenant on Civil and 
                Political Rights.
    (b) Contacts With Other Organizations.--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, 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 Religious Freedom 
for appropriate sections of the report.
                                 <all>