[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.