[Congressional Bills 112th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1410 Engrossed in House (EH)]

112th CONGRESS
  2d Session
                                H. R. 1410

_______________________________________________________________________

                                 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 2012''.
    (b) Table of Contents.--The table of contents for this Act is as 
follows:

Sec. 1. Short title; table of contents.
Sec. 2. Findings and purpose.
Sec. 3. Prohibition on increased nonhumanitarian assistance to the 
                            Government of Vietnam.
Sec. 4. United States public diplomacy.
Sec. 5. Annual report.

SEC. 2. FINDINGS AND PURPOSE.

    (a) 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 
        two countries reaching over $20,000,000,000 in 2011.
            (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 numerous individuals for their peaceful advocacy of 
        religious freedom, democracy, and human rights, including 
        Father Nguyen Van Ly, human rights lawyers Nguyen Van Dai, Le 
        Thi Cong Nhan, Cu Huy Ha Vu, and Le Cong Dinh, and bloggers 
        Nguyen Van Hai and Phan Thanh Hai.
            (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 the 
        freedom of religion, restrict the operations of independent 
        religious organizations, and persecute believers whose 
        religious activities the Government regards as a potential 
        threat to its monopoly on power.
            (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, 
        particularly Montagnards in the Central and Northwest 
        Highlands, 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, subjection to severe beatings, and 
        reported deaths.
            (13) There has been a pattern of violent responses by the 
        Government to peaceful prayer vigils and demonstrations by 
        Catholics for the return of Government-confiscated church 
        properties. Protesters have been harassed, beaten, and detained 
        and church properties have been destroyed. Catholics also 
        continue to face some restrictions on selection of clergy, the 
        establishment of seminaries and seminary candidates, and 
        individual cases of travel and church registration.
            (14) In May 2010 the village of Con Dau, a Catholic parish 
        in Da Nang, faced escalated violence during a funeral 
        procession as police attempted to prohibit a religious burial 
        in the village cemetery; more than 100 villagers were injured, 
        62 were arrested, five were tortured, and at least three died.
            (15) The Unified Buddhist Church of Vietnam (UBCV) suffers 
        persecution as the Government of Vietnam continues to restrict 
        contacts and movement of senior UBCV clergy for refusing to 
        join the state-sponsored Buddhist organization, the Government 
        restricts expression and assembly, and the Government continues 
        to harass and threaten UBCV monks, nuns, and youth leaders.
            (16) The Government of Vietnam continues to suppress the 
        activities of other religious adherents, including Cao Dai and 
        Hoa Hao Buddhists who lack official recognition or have chosen 
        not to affiliate with the state-sanctioned groups, including 
        through the use of detention, imprisonment, and strict 
        Government oversight.
            (17) 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, 
        or went into hiding, and that others were killed. Many of these 
        Montagnards and others are still serving long sentences for 
        their involvement in peaceful demonstrations in 2001, 2002, 
        2004, and 2008. Montagnards continue to face threats, 
        detention, beatings, forced renunciation of faith, property 
        destruction, restricted movement, and reported deaths at the 
        hands of Government officials.
            (18) 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 activities, some Government officials continue to 
        deny or ignore additional applications for registration, and to 
        persecute churches and believers who do not wish to affiliate 
        with Government-controlled religious entities.
            (19) In 2007, the Government of Vietnam arrested, beat, 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.
            (20) 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.
            (21) 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.
            (22) Vietnam continues to be a source country for the 
        commercial sexual exploitation and forced labor of women and 
        girls, as well as 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.
            (23) Although the Government of Vietnam reports progress in 
        combating human trafficking, it does not fully comply with the 
        minimum standards for the elimination of trafficking, and is 
        not making substantial efforts to comply.
            (24) 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 or, in many cases, because of such 
        associations by their spouses, parents, or other family 
        members, as well as other Vietnamese nationals who have been 
        persecuted because of race, religion, nationality, political 
        opinion, or membership in a particular social group.
            (25) 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.
            (26) The Government of Vietnam holds tens of thousands of 
        people in government-run drug detention centers and treats them 
        as slave laborers.
            (27) To date, over 60,000 people have signed a petition 
        calling on the Administration to not expand trade with 
        communist Vietnam at the expense of human rights.
            (28) 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.
    (b) Purpose.--The purpose of this Act is to promote the development 
of freedom and democracy in Vietnam.

SEC. 3. PROHIBITION ON INCREASED NONHUMANITARIAN ASSISTANCE TO THE 
              GOVERNMENT OF VIETNAM.

    (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 2011 unless--
                    (A) the Federal Government provides assistance, in 
                addition to the assistance authorized under section 4, 
                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 
                2012, 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 5, 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 environmental 
                        remediation of dioxin-contaminated sites and 
                        related health activities;
                            (iv) assistance to combat severe forms of 
                        trafficking in persons;
                            (v) assistance to combat pandemic diseases;
                            (vi) assistance for refugees; and
                            (vii) 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 form of trafficking in persons.--The term 
        ``severe form of trafficking in persons'' means any activity 
        described in section 103(8) of the Trafficking Victims 
        Protection Act of 2000 (Public Law 106-386 (114 Stat. 1470); 22 
        U.S.C. 7102(8)).
    (d) Effective Date.--This section shall take effect on the date of 
the enactment of this Act and shall apply with respect to the provision 
of nonhumanitarian assistance to the Government of Vietnam during 
fiscal year 2013 and subsequent fiscal years.

SEC. 4. UNITED STATES PUBLIC DIPLOMACY.

    (a) Radio Free Asia Transmissions to Vietnam.--It is the sense of 
Congress that the United States should take measures to overcome the 
jamming of Radio Free Asia by the Government of Vietnam and that the 
Broadcasting Board of Governors should not cut staffing, funding, or 
broadcast hours for the Vietnamese language services of the Voice of 
America and Radio Free Asia, which shall be done without reducing any 
other broadcast language services.
    (b) United States Educational and Cultural Exchange Programs With 
Vietnam.--It is the sense of Congress that any programs of educational 
and cultural exchange between the United States and 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.

SEC. 5. 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 3(a)(2) have been met, if applicable.
            (2) Steps taken to carry out section 3(a)(1)(A), if 
        applicable.
            (3) Efforts by the United States Government to promote 
        access by the Vietnamese people to Radio Free Asia 
        transmissions.
            (4) Efforts to ensure that programs with Vietnam promote 
        the policy set forth in section 102 of the Human Rights, 
        Refugee, and Other Foreign Policy Provisions Act of 1996 
        regarding participation in programs of educational and cultural 
        exchange.
            (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--
                    (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 11, 2012.

            Attest:

                                                                 Clerk.
112th CONGRESS

  2d Session

                               H. R. 1410

_______________________________________________________________________

                                 AN ACT

              To promote freedom and democracy in Vietnam.