[Congressional Bills 110th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3096 Engrossed in House (EH)]

  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
110th CONGRESS
  1st Session
                                H. R. 3096

_______________________________________________________________________

                                 AN ACT


 
              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 2007''.
    (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 resettlment 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 12 years, with annual trade between the 2 countries 
        reaching over $9,000,000,000 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 
        for many Vietnamese.
            (3) The United States Congress agreed to Vietnam becoming 
        an official member of the World Trade Organization (WTO) in 
        2006, amidst assurances that the Vietnamese Government was 
        steadily improving its human rights record and would continue 
        to do so.
            (4) 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.
            (5) 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 CPV 
        and the CPV maintains control over the selection of candidates 
        in national and local elections.
            (6) 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.
            (7) Since Vietnam's accession to the WTO on January 11, 
        2007, the Vietnamese Government arbitrarily arrested and 
        imprisoned several individuals for their peaceful advocacy of 
        democracy, including Father Nguyen Van Ly and human rights 
        lawyers Nguyen Van Dai and Le Thi Cong Nhan.
            (8) The Government of Vietnam continues to detain, 
        imprison, place under house arrest, convict, or otherwise 
        restrict persons for the peaceful expression of dissenting 
        political or religious views, including Bui Kim Thanh, Hang Tan 
        Phat, Truong Quoc Huy, Vu Hoang Hai, Nguyen Ngoc Quang, Pham Ba 
        Hai, Dr. Le Nguyen Sang, Huynh Nguyen Dao, Nguyen Bac Truyen, 
        Tran Quoc Hien, Nguyen Tan Hoanh, Tran Thi Le Hang, Doan Huu 
        Chuong, Doan Van Dien, Le Ba Triet, Nguyen Tuan, Tran Thi Thuy 
        Trang, Nguyen Phong, Nguyen Binh Thanh, Hoang Thi Anh Dao, Le 
        Thi Le Hang, Tran Khai Thanh Thuy, Ho Thi Bich Khuong, Hong 
        Trung, Danh Tol, Kim Muot, Thach Thuong, Ly Suong, Ly Hoang, 
        Nguyen Van Tho, Le Van Soc, Nguyen Van Thuy, Duong Thi Tron, 
        Truong Minh Duc, and Dr. Pham Hong Son, among others.
            (9)(A) The Government of Vietnam continues to limit freedom 
        of religion and restrict the operation of religious 
        organizations.
            (B) Despite reported progress in church openings and legal 
        registrations of religious venues, the Government of Vietnam 
        has halted most positive actions since the Department of State 
        lifted the ``country of particular concern'' (CPC) designation 
        for Vietnam in November 2006.
            (C) Unregistered ethnic minority Protestant congregations 
        suffer severe abuses because of actions by the Government of 
        Vietnam, which have included forced renunciations of faith, the 
        arrest and harassment of pastors, the withholding of social 
        programs provided for the general population, confiscation and 
        destruction of property, and subjection to severe beatings.
            (D) The Unified Buddhist Church of Vietnam (UBCV) suffers 
        persecutions as the Government of Vietnam continues to restrict 
        contacts and movement of senior UBCV clergy, including the Most 
        Venerable Thich Huyen Quang, and the Most Venerable Thich Quang 
        Do for refusing to join the state-sponsored Buddhist 
        organizations, and the Government also continues to place 
        leaders under ``pagoda'' and house arrest, destroy religious 
        property, and harass and threaten local practicing Buddhists.
            (E) The Government of Vietnam continues to suppress the 
        activities of other religious adherents, including Cao Dai 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.
            (F) 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. 
        Credible reports indicate that the protests were met with 
        violent response as many demonstrators were arrested, injured, 
        went into hiding, and that others were killed. Many of these 
        Montagnards are still serving long sentences for their 
        involvement in peaceful demonstrations in 2001 and 2004.
            (G) Ethnic minority Hmong in the Northwest Highlands of 
        Vietnam also suffer restrictions, abuses, and persecution by 
        the Government of Vietnam, and although the Government is now 
        allowing some Hmong Protestants to organize and conduct 
        religious activity, some government officials continue to deny 
        or ignore additional applications for registration.
            (10) 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 and imprisoned individuals who have 
        posted or sent democracy-related materials via the Internet.
            (11) 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, may experience closed trials, have often been detained 
        for years without trial, and have been subjected to the use of 
        torture to admit crimes they did not commit or to falsely 
        denounce their own leaders.
            (12)(A) United States refugee resettlement programs, 
        including the Humanitarian Resettlement (HR) Program, the 
        Orderly Departure Program (ODP), Resettlement Opportunities for 
        Vietnamese Returnees (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 who 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 the 
        Vietnamese In Country Priority One Program in Vietnam to 
        provide protection to victims of recent persecution on account 
        of race, religion, nationality, political opinion, or 
        membership in a particular social group.
            (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 
        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.
            (13) 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.
            (14) Enhancement of relations between the United States and 
        Vietnam has proved 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 in an amount exceeding the amount so 
        provided for fiscal year 2007--
                    (A) for fiscal year 2008 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) the Government of Vietnam 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 all ethnic minority groups; 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) 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 nonhumanitarian assistance would 
        promote the purpose of this Act or is otherwise in the national 
        interest of the United States.
            (2) Exercise of waiver authority.--The President may 
        exercise the authority under paragraph (1) 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 forms 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;
                            (iii) assistance for refugees; and
                            (iv) assistance to combat HIV/AIDS, 
                        including any assistance under section 104A of 
                        that Act; 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 and the Human Rights 
Defenders Fund, 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 2008 and 2009.

               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 2008 
and $1,100,000 for fiscal year 2009.

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 RESETTLMENT 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 Humanitarian Resettlement (HR) Program, the Orderly Departure 
Program (ODP), Resettlement Opportunities for Vietnamese Returnees 
(ROVR) Program, 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 2008, 2009, and 2010, 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 (E) of 
        section 101(a)(2) have been met, if applicable.
            (B) The determination of the President under section 
        101(b)(1), 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 105 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 
        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.
            (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 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.

            Passed the House of Representatives September 18, 2007.

            Attest:

                                                                 Clerk.
110th CONGRESS

  1st Session

                               H. R. 3096

_______________________________________________________________________

                                 AN ACT

              To promote freedom and democracy in Vietnam.