[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1969 Introduced in House (IH)]

111th CONGRESS
  1st Session
                                H. R. 1969

              To promote freedom and democracy in Vietnam.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             April 2, 2009

  Mr. Smith of New Jersey (for himself, Mr. Wolf, Ms. Zoe Lofgren of 
California, Mr. Cao, Ms. Loretta Sanchez of California, Mr. Royce, Mr. 
 Rohrabacher, and Mr. Pence) introduced the following bill; which was 
 referred to the Committee on Foreign Affairs, and in addition to the 
Committee on Ways and Means, for a period to be subsequently determined 
 by the Speaker, in each case for consideration of such provisions as 
        fall within the jurisdiction of the committee concerned

_______________________________________________________________________

                                 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 2009''.
    (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 THE 
                         GOVERNMENT OF 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 DEMOCRACY IN VIETNAM

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

Sec. 401. Radio Free Asia transmissions to Vietnam.
Sec. 402. 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 AND DEMOCRACY IN 
                                VIETNAM

Sec. 601. 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 since the 
        end of the trade embargo in 1994, with annual trade between the 
        2 countries reaching over $15,200,000,000 in 2008.
            (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 basic human 
        rights for Vietnamese citizens, including freedom of religion, 
        expression, association, and assembly.
            (3) The United States Congress agreed to Vietnam becoming 
        an official member of the World Trade Organization in 2006, 
        amidst assurances that the Government of Vietnam 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 Government of Vietnam 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.
            (9) 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.
            (10) The Government of Vietnam continues to limit freedom 
        of religion and restrict the operation of religious 
        organizations.
            (11) 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.
            (12) Unregistered ethnic minority Protestant congregations 
        suffer severe abuses because of actions by the Government of 
        Vietnam, which have included forced renunciations of faith, 
        arrest and harassment, the withholding of social programs 
        provided for the general population, confiscation and 
        destruction of property, and subjection to severe beatings.
            (13) During a peaceful Catholic prayer vigil for the return 
        of government confiscated church properties, protestors were 
        dispersed after being harassed, some were detained, and some of 
        the property was destroyed. Catholics continue to face some 
        restrictions on selection of clergy, the establishment of 
        seminaries and seminary candidates, and restrictions on 
        individual cases of travel and church registration.
            (14) The Unified Buddhist Church of Vietnam (UBCV) suffers 
        persecutions as the Government of Vietnam continues to restrict 
        contacts and movement of senior UBCV clergy for refusing to 
        join the state sponsored Buddhist organizations, the Government 
        restricts expression and assembly, and the Government continues 
        to harass and threaten UBCV monks, nuns, and youth leaders.
            (15) 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.
            (16) 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. 
        Government officials continue to severely restrict Montagnard 
        movement and prohibit them from seeking asylum in Cambodia.
            (17) 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.
            (18) On February 8, 2007, the Government of Vietnam 
        arrested and defrocked several ethnic Khmer Buddhists in 
        response to a peaceful religious protest. The Government 
        continues to restrict Khmer Krom expression, assembly, 
        association, and controls all religious organizations and 
        prohibits most peaceful protests.
            (19) 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, published, sent, or otherwise distributed democracy-
        related materials.
            (20) 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.
            (21) Vietnam continues to be a source country for the 
        commercial sexual exploitation and forced labor of women and 
        girls, for men and women legally entering into international 
        labor contracts who subsequently face conditions of debt 
        bondage or forced labor, and is a destination country for child 
        trafficking and continues to have internal human trafficking.
            (22) Although the Government of Vietnam is making progress 
        in combating human trafficking, it does not fully comply with 
        the minimum standards for the elimination of trafficking.
            (23) 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.
            (24) 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.
            (25) 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.
            (26) 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 INCREASED NONHUMANITARIAN ASSISTANCE TO THE 
                         GOVERNMENT OF VIETNAM

SEC. 101. BILATERAL NONHUMANITARIAN ASSISTANCE.

    (a) Assistance.--
            (1) In general.--Except as provided in subsection (b), the 
        Federal Government may not provide nonhumanitarian assistance 
        to the Government of Vietnam during any fiscal year in an 
        amount that exceeds the amount of such assistance provided 
        during fiscal year 2009 unless--
                    (A) the Federal Government provides assistance, in 
                addition to the assistance authorized under section 
                301(b), 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 at levels commensurate with, 
                or exceeding, any increases in nonhumanitarian 
                assistance to Vietnam;
                    (B) with respect to the limitation for fiscal year 
                2010, the President determines and certifies to 
                Congress, not later than 30 days after the date of the 
                enactment of this Act, that the requirements of 
                subparagraphs (A) through (G) of paragraph (2) have 
                been met during the 12-month period ending on the date 
                of the certification; and
                    (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 601, that the requirements of 
                subparagraphs (A) through (G) of paragraph (2) have 
                been met during the 12-month period covered by the 
                report.
            (2) Requirements.--The requirements of this paragraph are 
        the following:
                    (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 freedom of 
                        religion, including the right to participate in 
                        religious activities and institutions without 
                        interference, harassment, or involvement of the 
                        Government, for all of Vietnam's diverse 
                        religious communities; and
                            (ii) returning estates and properties 
                        confiscated from the churches and religious 
                        communities.
                    (C) The Government of Vietnam has made substantial 
                progress toward respecting the right to freedom of 
                expression, assembly, and association, including the 
                release of independent journalists, bloggers, and 
                democracy and labor activists.
                    (D) The Government of Vietnam has made substantial 
                progress toward repealing or revising laws that 
                criminalize peaceful dissent, independent media, 
                unsanctioned religious activity, and nonviolent 
                demonstrations and rallies, in accordance with 
                international standards and treaties to which Vietnam 
                is a party.
                    (E) The Government of Vietnam has made substantial 
                progress toward allowing Vietnamese nationals free and 
                open access to United States refugee programs.
                    (F) The Government of Vietnam has made substantial 
                progress toward respecting the human rights of members 
                of all ethnic and minority groups.
                    (G) Neither any official of the Government of 
                Vietnam nor any agency or entity wholly or partly owned 
                by the Government of Vietnam was complicit in a severe 
                form of trafficking in persons, or the Government of 
                Vietnam took all appropriate steps to end any such 
                complicity and hold such official, agency, or entity 
                fully accountable for its conduct.
    (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) Nonhumanitarian assistance.--The term ``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.
            (2) 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)).

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

SEC. 201. PROHIBITION ON GENERALIZED SYSTEM OF PREFERENCES.

    (a) Prohibition.--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 meets the 
requirements described in subsection (b).
    (b) Requirements.--The requirements described in this subsection 
are the following:
            (1) The Government of Vietnam fully protects the freedom of 
        association, in law and practice.
            (2) The Government of Vietnam 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 DEMOCRACY 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) 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 2010 and 2011.

                TITLE IV--UNITED STATES PUBLIC DIPLOMACY

SEC. 401. 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) $12,5000,000 for the fiscal year 
2010 and $2,500,000 for fiscal year 2011.

SEC. 402. 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 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 Orderly Departure Program (ODP), the Humanitarian Resettlement (HR) 
Program, the 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 2010, 2011, and 2012, 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 and ethnic Khmer in 
Cambodia and Thailand.

  TITLE VI--ANNUAL REPORT ON PROGRESS TOWARD FREEDOM AND DEMOCRACY 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 to the Congress a report on the following:
            (1) The determination and certification of the President 
        that the requirements of subparagraphs (A) through (G) of 
        section 101(a)(2) have been met, if applicable.
            (2) Steps taken to carry out section 101(a)(1)(A), if 
        applicable.
            (3) 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 
        401(a).
            (4) Efforts to ensure that programs with Vietnam promote 
        the policy set forth in section 402 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.
            (5) Steps taken to carry out the policy under section 
        501(a).
            (6) 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.
            (7) A description of the development of the rule of law in 
        Vietnam, including--
                    (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.
                                 <all>