[Congressional Bills 110th Congress]
[From the U.S. Government Publishing Office]
[S. 3678 Introduced in Senate (IS)]







110th CONGRESS
  2d Session
                                S. 3678

   To promote freedom, human rights, and the rule of law in Vietnam.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

            October 1 (legislative day, September 17), 2008

  Mrs. Boxer introduced the following bill; which was read twice and 
             referred to the Committee on Foreign Relations

_______________________________________________________________________

                                 A BILL


 
   To promote freedom, human rights, and the rule of law 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 2008''.
    (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 INCREASED NONHUMANITARIAN ASSISTANCE TO VIETNAM

Sec. 101. Bilateral nonhumanitarian assistance.
 TITLE II--PROHIBITION ON GENERALIZED SYSTEM OF PREFERENCES AUTHORITY 
                              FOR VIETNAM

Sec. 201. Prohibition on generalized system of preferences.
TITLE III--ASSISTANCE TO SUPPORT FREEDOM, HUMAN RIGHTS, AND THE RULE OF 
                             LAW IN VIETNAM

Sec. 301. Assistance.
                TITLE IV--UNITED STATES PUBLIC DIPLOMACY

Sec. 401. Sense of Congress on diplomacy with the Government of 
                            Vietnam.
Sec. 402. Radio Free Asia transmissions to Vietnam.
Sec. 403. United States educational and cultural exchange programs with 
                            Vietnam.
                 TITLE V--UNITED STATES REFUGEE POLICY

Sec. 501. Refugee resettlement for nationals of Vietnam.
 TITLE VI--ANNUAL REPORT ON PROGRESS TOWARD FREEDOM, HUMAN RIGHTS, AND 
                       THE RULE OF LAW IN VIETNAM

Sec. 601. Annual report.

SEC. 2. FINDINGS.

    The Senate finds the following:
            (1) The bilateral relationship between the United States 
        and the Socialist Republic of Vietnam has grown exponentially 
        during the past 12 years, with more than $12,000,000,000 in 
        trade between the United States and Vietnam in 2007.
            (2) The Government of Vietnam's transition toward greater 
        economic freedom and trade has not been matched by comparable 
        improvements in basic human rights for Vietnamese citizens, 
        including freedom of expression, information, association, 
        assembly, and religion.
            (3) Despite assurances that Vietnam's accession to the 
        World Trade Organization would be met with greater respect for 
        human rights, the Government of Vietnam has continued to 
        strictly regulate some religious practices and to imprison an 
        undetermined number of individuals for their peaceful advocacy 
        of political views or religious beliefs.
            (4) Since Vietnam's accession to the World Trade 
        Organization on January 11, 2007, the Communist Party of 
        Vietnam has moved to suppress perceived challenges to its rule 
        by arresting dozens of democracy and human rights activists, 
        independent trade union leaders, underground publishers, 
        journalists, bloggers, members of ethnic minorities, and 
        unsanctioned religious groups.
            (5) The Government of Vietnam has also failed to improve 
        labor rights, continues to arrest and harass labor leaders, and 
        restricts the right to organize independently.
            (6) According to the 2008 Annual Report of the United 
        States Commission on International Religious Freedom, 
        ``Vietnam's overall human rights record remains very poor and 
        in fact has deteriorated since [January 2007] . . . More than 
        30 legal and political reform advocates, free speech activists, 
        labor unionists, and independent religious leaders and 
        religious freedom advocates were arrested in 2007, placed under 
        home detention or surveillance, threatened, intimidated, and/or 
        harassed.''.
            (7) The continued expansion of the relationship between the 
        Government of Vietnam and the Government of the United States 
        should be matched by significant improvement in human rights 
        for Vietnamese citizens, particularly those enshrined in the 
        International Covenant on Civil and Political Rights, of which 
        Vietnam is a signatory.

SEC. 3. PURPOSE.

    The purpose of this Act is to promote the development of freedom, 
human rights, and the rule of law in Vietnam.

TITLE I--PROHIBITION ON INCREASED NONHUMANITARIAN ASSISTANCE TO VIETNAM

SEC. 101. BILATERAL NONHUMANITARIAN ASSISTANCE.

    (a) Assistance.--
            (1) In general.--Except as provided under subsection (b), 
        the Federal Government may not provide the Government of 
        Vietnam with nonhumanitarian development, trade, economic, and 
        security assistance during any fiscal year that exceeds the 
        amount of such assistance provided during fiscal year 2008 
        unless--
                    (A) the Federal Government provides assistance, in 
                addition to the assistance authorized under section 
                301(c), supporting the creation and facilitation of 
                human rights training, civil society capacity building, 
                noncommercial rule of law programming, and exchange 
                programs between the Vietnamese National Assembly and 
                the United States Congress (referred to in this section 
                as ``additional human rights programming'') at levels 
                commensurate with, or exceeding, any increases in 
                nonhumanitarian development, trade, economic, and 
                security assistance programming to Vietnam;
                    (B) with respect to the limitation for fiscal year 
                2009, the President determines and certifies to 
                Congress, not later than 30 days after the date of the 
                enactment of this Act, that the requirements under 
                subparagraphs (A) through (F) of paragraph (2) have 
                been met during the 12-month period ending on the date 
                of the certification; and
                    (C) 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 501, that the requirements under 
                subparagraphs (A) through (F) of paragraph (2) have 
                been met during the 12-month period covered by the 
                report.
            (2) Requirements.--The requirements of this paragraph are 
        met if--
                    (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) the Government of Vietnam has made substantial 
                progress toward--
                            (i) respecting the right to the freedom of 
                        expression, assembly, and association, 
                        including the release of independent 
                        journalists, bloggers, democracy, and labor 
                        activists;
                            (ii) 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;
                            (iii) respecting the right to the freedom 
                        of religion, including the right to participate 
                        in religious activities and institutions 
                        without inference, harassment, or involvement 
                        of the Government, for all of Vietnam's diverse 
                        religious communities, including the Unified 
                        Buddhist Church of Vietnam, Catholics, 
                        Protestants, Hoa Hao Buddhism, CaoDai, Khmer 
                        Buddhists, and other religious communities; and
                            (iv) returning estates and properties 
                        confiscated from Vietnam's religious 
                        communities;
                    (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 granting its citizens the right to 
                travel outside Vietnam without significant restriction;
                    (E) the Government of Vietnam has made substantial 
                progress toward protecting the human rights, language, 
                culture, land rights, and religion of all ethnic and 
                minority groups; and
                    (F)(i) no official of the Government of Vietnam and 
                no 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 any official, 
                agency, or entity responsible for such complicity fully 
                accountable for such conduct.
    (b) Exception.--
            (1) Continuation of assistance in the national interest.--
        If the Government of Vietnam fails to meet the requirements 
        under subsection (a)(2), the President may waive the 
        application of subsection (a) for any fiscal year if the 
        President determines that increased nonhumanitarian assistance 
        to the Government of Vietnam--
                    (A) would promote the purposes of this Act; or
                    (B) 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) 1 or more programs, projects, or activities of 
                such assistance.
    (c) Definitions.--In this section:
            (1) Severe forms of trafficking in persons.--The term 
        ``severe forms of trafficking in persons'' has the meaning 
        given the term 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 authorized under the Foreign 
                Assistance Act of 1961 (22 U.S.C. 2151 et seq.), 
                including programs under title IV of chapter 2 of part 
                I of such Act relating to the Overseas Private 
                Investment Corporation, except for--
                            (i) disaster relief assistance, including 
                        any assistance under chapter 9 of part I of 
                        such Act;
                            (ii) assistance which involves the 
                        provision of food (including monetization of 
                        food), health care, or medicine;
                            (iii) assistance for refugees; and
                            (iv) assistance to combat HIV/AIDS, 
                        including any assistance under section 104A of 
                        such Act; and
                    (B) sales, or financing on any terms, authorized 
                under the Arms Export Control Act (22 U.S.C. 2751 et 
                seq.).

 TITLE II--PROHIBITION ON GENERALIZED SYSTEM OF PREFERENCES AUTHORITY 
                              FOR VIETNAM

SEC. 201. PROHIBITION ON GENERALIZED SYSTEM OF PREFERENCES.

    The President may not provide duty-free treatment for eligible 
articles from Vietnam under title V of the Trade Act of 1974 (19 U.S.C. 
2461 et seq.) until the President determines and certifies to Congress 
that the Government of Vietnam--
            (1) fully protects the freedom of association, in law and 
        in practice; and
            (2) does not engage in or condone serious violations of the 
        rights of workers, including the detention, harassment, or 
        arrest of labor activists or individuals who write, speak, or 
        otherwise disseminate information relating to labor rights.

TITLE III--ASSISTANCE TO SUPPORT FREEDOM, HUMAN RIGHTS, AND THE RULE OF 
                             LAW IN VIETNAM

SEC. 301. 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) Limitation.--Financial assistance authorized under this section 
may only be provided to an individual, organization, or entity that 
officially opposes the use of violence and terrorism.
    (c) Authorization of Appropriations.--There are authorized to be 
appropriated to the President--
            (1) $2,000,000 for each of the fiscal years 2009 and 2010; 
        and
            (2) any additional amounts that may be needed to carry out 
        the provisions described in section 101(a)(1)(A).

                TITLE IV--UNITED STATES PUBLIC DIPLOMACY

SEC. 401. SENSE OF CONGRESS ON DIPLOMACY WITH THE GOVERNMENT OF 
              VIETNAM.

    (a) In General.--It is the sense of Congress that in diplomatic 
discussions with the Government of Vietnam, including at the United 
States-Vietnam Human Rights Dialogue and other strategic dialogues in 
which officials of the Department of State participates or initiates 
with representatives of the Government of Vietnam, that such officials 
shall seek substantial progress by the Government of Vietnam toward--
            (1) releasing all those detained or restricted by the 
        Government of Vietnam because of the expression of their views 
        or the practice of their faith;
            (2) fully respecting the right to freedom of religion and 
        the right of all religious groups and adherents, including 
        those choosing not to join or affiliate with government-
        organized oversight committees, to--
                    (A) legally operate without government 
                restrictions; and
                    (B) participate in religious activities and 
                institutions without interference by, or the 
                involvement of, the Government of Vietnam;
            (3) returning all estates and properties confiscated by the 
        Government of Vietnam from churches and religious institutions 
        in Vietnam;
            (4) allowing Vietnamese nationals free and open access to 
        United States refugee programs;
            (5) respecting the human rights of members of all ethnic 
        minority groups, including--
                    (A) language instruction;
                    (B) cultural preservation;
                    (C) religious freedom;
                    (D) land rights; and
                    (E) the freedom of assembly;
            (6) respecting the freedom of association, including--
                    (A) protecting the rights of independent labor 
                activists;
                    (B) removing prohibitions on workers forming or 
                joining independent labor unions; and
                    (C) not engaging in or condoning serious violations 
                of the rights of workers;
            (7) respecting the freedom of expression, including--
                    (A) repealing or revising laws, decrees, and 
                ordinances that limit such freedom;
                    (B) authorizing the publication of independent, 
                privately-run newspapers and magazines;
                    (C) removing filtering, surveillance, and other 
                restrictions on internet usage; and
                    (D) respecting the right to peaceful dissemination 
                of opinions and views over the Internet;
            (8) revising laws, ordinances, and decrees that contradict 
        the standards of the International Covenant on Civil and 
        Political Rights, including--
                    (A) protections for the freedom of expression, 
                freedom of assembly, freedom of association, and the 
                freedom of religion; and
                    (B) the right to legal representation and a fair 
                trial;
            (9) repealing provisions in Vietnamese law that criminalize 
        peaceful dissent, independent media, unsanctioned religious 
        activity, and non-violent demonstrations and rallies, 
        including--
                    (A) vague national security provisions in Vietnam's 
                Criminal Code, such as article 80 (spying), article 87 
                (undermining the unity policy), article 88 (anti-
                government propaganda), article 89 (disrupting 
                security), article 245 (causing public disorder), and 
                article 258 (abusing democratic rights to infringe upon 
                national interests); and
                    (B) Ordinance 44, which authorizes the involuntary 
                commitment of persons deemed to have violated national 
                security laws to social protection centers, 
                rehabilitation camps, or mental institutions without 
                judicial process; and
            (10) ensuring that the Government of Vietnam--
                    (A) hold government officials, agencies, and 
                entities that violate the human rights of persons in 
                Vietnam accountable under the law; and
                    (B) provide appropriate measures to investigate, 
                discipline, and punish such officials, agencies, and 
                entities.
    (b) Consultation Required.--The Secretary of State shall develop 
strategies for reaching the objectives described in subsection (a) 
through consultation with--
            (1) Vietnamese-American groups;
            (2) representatives from the Khmer, Montagnard, and Hmong 
        communities;
            (3) human rights organizations, including international 
        human rights organizations; and
            (4) the United States Commission on International Religious 
        Freedom.

SEC. 402. 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 may be 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 described in subsection (a)--
            (1) $9,100,000 for fiscal year 2009; and
            (2) $1,100,000 for fiscal year 2010.

SEC. 403. 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 in Vietnam by--
            (1) providing opportunities to Vietnamese nationals from a 
        wide range of occupations and perspectives to see freedom, 
        human rights, and the rule of law in action; and
            (2) ensuring that Vietnamese nationals who have already 
        demonstrated a commitment to such values are included in such 
        programs.

                 TITLE V--UNITED STATES REFUGEE POLICY

SEC. 501. 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 Humanitarian Resettlement Program, the Orderly Departure Program, 
Resettlement Opportunities for Vietnamese Returnees 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 Activities.--Of the amounts authorized to be 
appropriated to the Department of State for Migration and Refugee 
Assistance for each of the fiscal years 2009, 2010, and 2011, such sums 
as may be necessary shall be made available for the protection 
(including resettlement, as appropriate) of Vietnamese refugees and 
asylum seekers, including Montagnards in Cambodia.

 TITLE VI--ANNUAL REPORT ON PROGRESS TOWARD FREEDOM, HUMAN RIGHTS, AND 
                       THE RULE OF LAW IN VIETNAM

SEC. 601. 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 a report to Congress that contains--
            (1) a description of the programs established to meet the 
        additional human rights programming requirements described in 
        section 101(a)(1);
            (2)(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; and
            (B) the determination of the President under section 
        101(b)(1), if applicable;
            (3) the steps taken to achieve the objectives described in 
        section 401(a);
            (4) a description of the 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);
            (5) a description of the efforts to ensure that programs 
        with Vietnam promote the policy described in section 302 of 
        this Act and in section 105 of the Human Rights, Refugee, and 
        Other Foreign Policy Provisions Act of 1996, regarding 
        participation in programs of educational and cultural exchange;
            (6) the steps taken to carry out the policy described in 
        section 402(a);
            (7) lists of persons believed to be imprisoned, detained, 
        placed under house arrest, tortured, or otherwise persecuted by 
        the Government of Vietnam due to their pursuit of 
        internationally recognized human rights, which is compiled by 
        the Secretary with 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;
            (8) a list of the persons and their families described in 
        paragraph (7) who may qualify for protections under United 
        States refugee programs; and
            (9) a description of the development of the rule of law in 
        Vietnam, including--
                    (A) progress made toward the development of 
                institutions of democratic governance in Vietnam;
                    (B) the 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 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--
            (1) seek out and maintain contacts with nongovernmental 
        organizations and human rights advocates (including Vietnamese-
        Americans and human rights advocates in Vietnam), as 
        appropriate;
            (2) receive reports and updates from such organizations and 
        evaluate such reports; and
            (3) seek to consult with the United States Commission on 
        International Religious Freedom for appropriate sections of the 
        report.
                                 <all>