[Congressional Record Volume 153, Number 137 (Monday, September 17, 2007)]
[House]
[Pages H10385-H10391]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                    VIETNAM HUMAN RIGHTS ACT OF 2007

  Mr. FALEOMAVAEGA. Mr. Speaker, I move to suspend the rules and pass 
the bill (H.R. 3096) to promote freedom and democracy in Vietnam, as 
amended.
  The Clerk read the title of the bill.
  The text of the bill is as follows:

                               H.R. 3096

       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

[[Page H10386]]

     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.

[[Page H10387]]

     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.

  The SPEAKER pro tempore. Pursuant to the rule, the gentleman from 
American Samoa (Mr. Faleomavaega) and the gentleman from New Jersey 
(Mr. Smith) each will control 20 minutes.
  The Chair recognizes the gentleman from American Samoa.


                             General Leave

  Mr. FALEOMAVAEGA. Mr. Speaker, I ask unanimous consent that all 
Members may have 5 legislative days to revise and extend their remarks.
  The SPEAKER pro tempore. Is there objection to the request of the 
gentleman from American Samoa?
  There was no objection.
  Mr. FALEOMAVAEGA. Mr. Speaker, I yield myself such time as I may 
consume.
  I rise in strong support of this resolution. I would be remiss if I 
do not first recognize my good friend, the gentleman from New Jersey. 
Not only do I have the highest respect for him but certainly as a 
champion of human rights issues all over the world, and for this I want 
to commend him for his authorship of this proposed bill. And I would 
like to also thank Chairman Lantos and senior Ranking Member Ros-
Lehtinen, the leadership of our Foreign Affairs Committee, for their 
support and efforts in bringing this proposed legislation for 
consideration by our colleagues.
  Mr. Speaker, Vietnam stands at a crossroads, and the world is 
watching carefully to see the choices that it will make.
  Like many other countries of the world, Vietnam has a responsibility 
to protect human and religious rights and provide political freedoms to 
its people. The Vietnamese people and their leaders should have a deep 
appreciation of the need to protect and foster the human rights of its 
people especially after being subjected to many years of abuse and 
dictatorial and colonial rule of the French Government.
  I commend Vietnam's efforts to improve its economy, which grew by 
over 8 percent last year. In November also of last year, Vietnam played 
host to the Asian Pacific Economic Cooperation summit, and in January 
it joined the World Trade Organization. So we must recognize the 
extraordinary economic achievements Vietnam has made in a short time. 
This economic growth has bettered the lives of millions of the people 
of Vietnam.
  But recent reports have given serious indications on how the 
Vietnamese Government has arrested and placed several religious and 
political leaders in prison without due process and in violation of 
their human rights.
  Mr. Speaker, Congress played an important role in seeing that Vietnam 
became a member of the World Trade Organization. And yet since its 
accession, Vietnam has arrested numerous individuals simply for 
peacefully advocating for democracy.
  Vietnam continues to limit freedom of religion, freedom of the press, 
and freedom of information. It remains as a one-party political system 
in which the Communist Party is the final arbiter of all decisions.
  Mr. Speaker, U.S. engagement with Vietnam has helped spur economic 
growth and improvements in the lives of the Vietnamese people. But 
engagement must not be limited to foreign direct investment. We must 
also seize the opportunity to work with Vietnam to promote political 
openness and improve human rights.
  This bill promotes just this kind of engagement. It prohibits 
increased assistance to Vietnam above fiscal year 2007 levels other 
than for humanitarian efforts. This bill makes it clear to Vietnam that 
the only factor limiting increased aid is positive action by the 
Vietnamese Government on political, human, and religious rights.
  The bill also supports civil society groups in Vietnam that promote 
human rights. It supports educational exchanges that would enhance 
freedom and democracy in that country. And it makes it the policy of 
the United States to offer safe resettlement here to those who are 
forced to flee Vietnam and become refugees.

[[Page H10388]]

  Mr. Speaker, Vietnam is increasingly integrated into the global 
economy; but to be considered a friend of our Nation, it must protect 
human rights and provide its people political and religious freedom. We 
all wish this future for Vietnam, and we hope there will be more 
positive results of our continued efforts to dialogue with the leaders 
of the people of Vietnam.
  With that, Mr. Speaker, I urge my colleagues to support this proposed 
bill.
  Mr. Speaker, I reserve the balance of my time.
  Mr. SMITH of New Jersey. Mr. Speaker, I yield myself such time as I 
may consume.
  Let me begin by thanking my good friend and colleague, Mr. 
Faleomavaega, for his leadership on human rights. We have worked 
together on those issues around the world. We have served on the Human 
Rights Committee for years, and he has been one of those champions with 
whom I am just so glad to associate myself. And I want to thank Mr. 
Lantos, the chairman of our committee, for bringing this bill to the 
floor and express my strong gratitude to him and to Ranking Member 
Ileana Ros-Lehtinen and to the leadership for posting this bill for 
consideration today.
  Mr. Speaker, Vietnam has long been known as a major violator of human 
rights. Sadly, in recent months the human rights situation in Vietnam 
has deteriorated and become substantially worse, and a new ugly wave of 
brutal repression has been launched by Hanoi. Over the last couple of 
months, some of the bravest champions of democracy have been dragged 
into court and sent to the gulag for simply promoting human rights and 
justice and free trade unions.
  I would note to my colleagues that the House of Representatives has 
gone on record time and time again condemning and deploring these 
violations, but this is a new wave that comes on the heels of PNTR, as 
well as the WTO accession by the Vietnamese Government.
  I would note that on May 2 of this year, this House unanimously 
adopted a resolution that I sponsored which called on the Government of 
Vietnam to immediately and unconditionally release Father Nguyen Van 
Ly, Nguyen Van Dai, Le Thi Cong Nhan, and other political prisoners and 
prisoners of conscience. During consideration of that resolution, Mr. 
Speaker, I noted that I had been to Vietnam on many human rights trips. 
I have chaired several hearings on the issue of human rights in Vietnam 
and have been joined by my friend Mr. Faleomavaega, Mr. Royce and 
others in those hearings. But on one of the most recent trips, I 
actually met with Father Ly, who was just sentenced to 8 years in 
prison. Just sentenced. I also met with Nguyen Van Dai and about 60 
other human rights activists and religious leaders and people who are 
pressing for reform in that country. And one by one those individuals 
are being caught in this dragnet.
  I was struck when I met with these individuals, Mr. Speaker, by how 
extraordinarily generous, compassionate, talented, and kind hearted 
these people are. They are extraordinary. They are Vietnam's best and 
brightest and certainly their bravest. I was amazed at how they 
harbored no malice, no hate towards the government that hates them, nor 
do they hate the government leaders. They only want a better future for 
their country. Each and every one of the people I met with is committed 
to peaceful, nonviolent reform.
  I met with Father Ly when he was under house arrest, and he sounded 
just like the activists that I had met and spoken to during the dark 
years of the Warsaw Pact and the Soviet Union. My first human rights 
trip, I would note parenthetically, was in 1982 on behalf of Soviet 
refuzniks. It was like being right back there, deja vu, talking to 
these individuals just like back then, the Shcharanskys of this world 
or Vaclav Havel or Lech Walesa, people like the folks in Charter 77 in 
the Czech Republic who only wanted freedom, democracy, and human 
rights.

                              {time}  1500

  And none of them wanted violence. And these reformers of Vietnam want 
nothing whatsoever to do with violence. And yet, they are accused of 
slandering the state. To criticize an unjust policy is construed by the 
state to be slander. Father Ly has now been sentenced to 8 years, and 
that's in addition to the 14 years he had previously served in the 
Gulag on trumped-up charges.
  Just days after the House adopted the Resolution 243 calling for a 
reversal of human rights violations, Nguyen Van Dai was sentenced to 5 
years imprisonment and 4 years of house arrest. Attorney Van Dai is a 
tenacious campaigner for human rights who uses the rule of law in a 
nonviolent manner to press his case.
  On the same day that Mr. Van Dai was sentenced, another human rights 
lawyer, a labor activist, Le Thi Cong Nhan, received 4 years 
imprisonment and 3 years of house arrest from the same ruthless regime. 
She, too, punished for engaging in activities recognized 
internationally as protected human rights.
  I've read the 2007 trial proceedings and the government sentencing 
record, which I intend to put into the Record. And I ask every Member 
to read that and to read it very carefully. It reads like a chilling 
chapter out of George Orwell's book, ``1984.''
  At the trial, the presiding judge, Nguyen Huu Chinh, accused and 
condemned Dai of being a member of an Independent Trade Union. A member 
of the Communist party in Poland, Jaruzelski, accused Lech Walesa of 
that same thing, an independent trade union. That accusation carries 
with it a time in the Gulag in Vietnam today.
  In Vietnam today, men and women are going to jail for very long 
periods of time for what the government calls ``disseminating 
propaganda against the Government of the Socialist Republic of 
Vietnam.''
  I point out to my colleagues that the day after the House passed the 
resolution on May 2, the U.S. Commission on International Religious 
Freedom indicated in its annual report that the removal of Vietnam from 
the State Department's List of Countries of Particular Concern was 
premature based on the evidence that the current situation in the 
country has not allowed religious freedom. Again, it was part of an 
effort, I think, of suggesting that if they just got into the World 
Trade Organization, somehow they would matriculate from dictatorship to 
democracy. Regrettably, that has not happened. And we've seen a 
snapback to repression that is very, very severe, cruel, and very, very 
ugly.
  The legislation before us, Mr. Speaker, would prohibit an increase in 
U.S. nonhumanitarian assistance to Vietnam unless the government makes 
substantial progress in the following areas: the release of political 
and religious prisoners; respect for religious freedom; allowing open 
access to the United States for our refugee program, because very often 
those who would like to become a part of that have to pay bribes to 
communist officials or they are simply detained and not allowed to 
apply; and respect for the rights of ethnic minority groups, including 
the Montagnard.
  Beginning in fiscal year 2009, there would also be a need to show 
that neither any official of the government nor any government agency 
was complicit in the trafficking of human persons. The president may 
waive this restriction on assistance if he determines that the 
assistance would promote human rights or would otherwise be in the 
national interests of the U.S.
  Other important provisions would authorize $2 million of assistance 
in both 2008 and 2009 to support democracy in Vietnam, and 
approximately $10 million over 2 years to overcome the jamming of Radio 
Free Asia by Vietnam. Let me tell my colleagues, they're jamming Radio 
Free Asia, jamming it, so the message that we think is so important 
simply cannot get through. And again, the only thing that any 
dictatorship needs anywhere to survive and prosper is a secret police, 
got that in Vietnam, and a control of the message, the propaganda. And 
by jamming Radio Free Asia, they preclude other voices, other opinions 
from reaching the people.
  The bill would also extend U.S. refugee programs to Vietnamese who 
were previously eligible but were unable to apply for reasons beyond 
their control, like I said, like not wanting to pay bribes to 
Vietnamese officials.
  Mr. Speaker, in November of 2006, pursuant to a boatload of 
assurances and solemn promises that the human

[[Page H10389]]

rights situation would improve, Vietnam became the first country to be 
removed from the Countries of Particular Concern. It was also part of 
an effort to try to get into the World Trade Organization.
  Despite this flurry of international recognition, tangible economic 
benefit, despite the hopes of many, including and especially the 
Vietnamese people, Vietnam has reverted with a vengeance to its 
repressive practices and has arrested, imprisoned and imposed lengthy 
prison sentences on numerous individuals who only want freedom.
  Mr. Speaker, these massive human rights violations perpetrated by the 
Government of Vietnam cannot be overlooked, they cannot be trivialized. 
These human rights violations occur as we meet here today, and they 
cannot continue without equally serious consequences.
  I do believe that this snapback to human rights abuse underscores 
perhaps the unwitting naivete on the part of some who think if we just 
trade, things will get better. It has not.
  And finally, I would ask my colleagues to take a look at pages H 4248 
and H4249 from the May 1, 2007 Congressional Record, a manifesto that 
was written and signed on April 8, 2006, called the 8406 Block. It is a 
call for freedom and democracy and nonviolence.
  One by one, those who have signed this very important human rights 
document in Vietnam have been hunted down, arrested and incarcerated by 
the government. That's like the people who signed the Declaration of 
Independence, or again, during the Soviet years, those who would sign 
manifestos calling for human rights, like Charter 77, who because they 
espoused freedom, found themselves in a Gulag or being mistreated by 
the government.
  I urge Members on both sides of the aisle to support this. This is a 
bipartisan bill, and I appreciate that. This is the kind of expression 
that I think this body is known for, speaking with one voice, truth to 
power, on behalf of human rights.
  Mr. Speaker, I reserve the balance of my time.
  Mr. FALEOMAVAEGA. Mr. Speaker, I want to associate myself with the 
distinguished and most eloquent statement made by my good friend from 
New Jersey.
  I have not had the privilege of visiting Vietnam since the days of 
the war in 1967, 1968, but I do intend to visit that country since it 
comes under the jurisdiction of my subcommittee.
  But again, I want to thank my good friend for the facts and the data 
that he just presented. I hope my colleagues will take him up on 
reading some of these important documents that he had shared with us in 
his presentation.
  At this time, I would like to yield 5 minutes to the distinguished 
lady from California, my good friend, Ms. Sanchez.
  Ms. LORETTA SANCHEZ of California. I thank the chairman for allowing 
me to speak today on this issue of the Vietnam Human Rights Act of 
2007.
  As you know, I represent the largest Vietnamese community outside of 
Vietnam in the world, and so I've had the chance to visit Vietnam now 
three times. Actually, I just finished visiting in April of this year. 
Before that, I had been denied a visa to visit Vietnam for three times 
in the past 2\1/2\ years.
  Now, I rise today in support of my colleague's House Resolution 3096, 
because this is a very critical time in our relationship with Vietnam.
  Before being accepted in the World Trade Organization in January, the 
Government of Vietnam assured the world that they would make 
significant progress in the area of human rights, things that we, as 
Americans, really sometimes take for granted; freedom of speech, 
freedom of the press, freedom of collective bargaining, freedom to 
assemble as we wish, and most importantly, really one of the reasons 
our country was founded, freedom of religion.
  As my colleague from New Jersey stated, we had put Vietnam on the 
List of Particular Concern with respect to the infringement on 
religious beliefs of the people of Vietnam, and even they were taken 
off in anticipation of this issue of going into the WTO. Many, many 
promises in the 11 years that I have served in the Congress, many, many 
promises by the communist Government of Vietnam, yet nothing ever holds 
up. And in this particular case, every person who has stood up to speak 
inside of Vietnam for democracy, for democracy, for something other 
than the communist party, for free elections, for return of land 
confiscated by that government, for their ability to practice the 
religion that they want, for their ability to assemble three or four or 
five on a street corner with a simple sign, asking, wanting, searching 
for democracy. And each and every one of these people are under house 
arrest, have been put in prison. One of them, Father Ly, for example, 
was given a trial, a trial that lasted one day, no attorney available 
to him, in a very famous photograph sent across the world of the 
communist government with their hand over his mouth at his very own 
trial because they didn't want him to be heard by the world.
  The venerable Thich Quang Do, a Buddhist, through peaceful means 
saying we need religious freedom, recognize the church where most of 
the Buddhists in Vietnam want to belong. But nothing. Instead, he is 
under house arrest. All of these dissidents, and yet they continue to 
speak up and try to tell the world that there is no human right in 
Vietnam. And they continue to fight.
  Many of my colleagues on the other side and on our side of the aisle 
have been working to get this message out. So then they got WTO, and 
they imprisoned everybody. I was there in April. There were no 
dissidents to meet. I asked to go to the prisons. I asked to go see 
those who had been put behind bars. They laughed. They would not let 
me. They said, How dare you ask. You know better than to ask to see 
these people. And our ambassador, at his residence there, put together 
a tea of the wives and the mothers of the dissidents, not people who 
had spoken up, simply because they were married and these women were 
worried about their husbands. And they came to talk to us. They were 
stopped at their homes. They were barricaded in their homes. The 
streets were barricaded to their homes so they couldn't get out. And 
the two who made it, now in a very famous video playing on the 
Internet, as I came to the home, so did those women, the two who got 
through. And about 25 communist government soldiers descended upon us, 
pulling us apart and dragging away one of the women. The ambassador 
came out. He said these women are simply here to come and have tea with 
us. But they would have none of it. This is democracy? These are the 
human rights that this government promised?
  So I say today, let us not be conspirators with this government in 
the backslide of progress. Please, I ask my colleagues, join us in 
voting for this resolution today.
  Mr. SMITH of New Jersey. Mr. Speaker, I yield such time as he may 
consume to the distinguished gentleman from California (Mr. Royce), who 
has spoken out on behalf of human rights in Vietnam with great 
faithfulness, is also a cosponsor of this legislation, and also 
promoted legislation that was successful in expanding Radio Free Asia.
  Mr. ROYCE. Mr. Speaker, I also rise in support of the Vietnam Human 
Rights Act of 2007.
  I join Congressman Smith, and the efforts made by others here that 
have been tireless, the strategy of trying to shine some light on 
Vietnam, trying to get the international community to look at what is 
happening there.
  I've worked with Congressman Smith on this legislation since 2001, 
and I know the importance of having it passed, but also, I know the 
trouble that it has been met with in the other body. And if we can 
overcome the objections of a few in the other body, this bill will be 
an important tool in pressing Hanoi to end its wanton disregard for 
human rights.
  I think the necessity of this legislation is because since early this 
year the crackdown has intensified in Hanoi, in Vietnam to such an 
extent that especially students, especially spokesmen for religious 
organizations there are receiving these one-hour show trials where 
afterwards they're being sent to a penitentiary, 8 years in the case of 
Father Ly. It was 14-some years ago when he was sent away the first 
time. And Mr. Speaker, I've had the opportunity there, in Vietnam, to 
meet with the venerable Thich Quang Do, when he was under house arrest, 
and Le Quang Liem and see the incredible repression that they face, and 
to

[[Page H10390]]

see what is really a slow strangulation of the culture and of the 
traditional religion as the state attempts to rewrite religion without 
the support of the religious leaders, and thus come down hard on those 
religious leaders and try to remove them from society and try to 
imprison them certainly when they speak out.

                              {time}  1515

  As Human Rights Watch said, this is the worst crackdown that we have 
seen in Vietnam in 20 years. In the past year, Vietnamese officials 
brought this harassment to religious leaders and political dissidents 
and student activists to these new draconian levels that, 
unfortunately, force us to act here.
  This bill's focus on Vietnam suppression of the democratic movement 
and its tight control over the media will be an important component in 
bringing change. Why? Because with this legislation, Radio Free Asia 
will now better be able to bring objective news and to be a surrogate 
voice for opinions and news outside of the state-sponsored propaganda, 
so the Vietnamese people will hear of the spread of democratic values 
in Asia.
  Frankly, the spread of democratic values in Asia is critical to U.S. 
security interests. It is important to note that Vietnam has recently 
ratcheted up its efforts to block radio broadcasts from Radio Free 
Asia. This tells me that not only are these broadcasts having a 
positive effect in combating state propaganda, but Hanoi is feeling 
increased political pressure. This bill provides the means to overcome 
radio jamming and the funds for continued broadcasts.
  So, Mr. Speaker, I urge passage of the bill. I think it sends a firm 
message to Hanoi that abuse of this kind to nonviolent citizens in the 
country will not be met with silence, but, frankly, that we will take 
action not only in terms of the broadcasting, but this also authorizes 
our administration to provide U.S. assistance through appropriate 
nongovernmental organizations and the Human Rights Defenders Fund for 
the support of the individuals and organizations to promote human 
rights and to promote nonviolent democratic change inside the country.
  So besides capping U.S. nonhumanitarian assistance, this other 
leverage will be very helpful in terms of trying to protect the human 
rights and dignity of the students and of the religious leaders right 
now that are facing such persecution inside Vietnam.
  Mr. FALEOMAVAEGA. Mr. Speaker, I yield myself such time as I may 
consume.
  Mr. Speaker, I want to thank my colleagues from California, Mr. Royce 
and Ms. Sanchez, for their most outstanding statements and their 
support of this proposed legislation offered by my good friend, the 
gentleman from New Jersey.
  It saddens me because of the times and the periods that I have had 
the opportunity of meeting with several delegations that have 
represented Vietnam for the past couple of years. As my good friend 
from New Jersey has stated earlier, they have made a lot of promises. 
We have taken their promises in good faith, and now we find ourselves 
in a situation where their promises have been severely questioned. I 
kind of like to think that when a country makes a promise, they like to 
keep it. If this is the way Vietnam is doing business, then certainly 
we ought to do something about it.
  Again, I want to thank my good friend from New Jersey for his 
authorship of this bill.
  Mr. Speaker, I yield back the balance of my time.
  Mr. SMITH of New Jersey. Mr. Speaker, before yielding back the 
balance of our time, again, I want to thank Mr. Faleomavaega and just 
remind my colleagues that this is the third time this legislation, both 
under the Republican leadership, and now, thankfully, the Speaker has 
seen fit to bring this to the floor, as well, the third time I have 
brought this bill to the floor. Twice it passed the House. Hopefully, 
it will pass it again.
  I think there is a greater sense of urgency now because there is this 
new, and I would call it an ugly and pervasive, crackdown. They got all 
their economic benefits. They got their World Trade Organization 
accession, and, as I said before, PNTR was passed by this House and the 
bilateral agreement before that. So they got all of that. Now, they 
just have gone right back to the ugliest commissions of crimes against 
their own people.
  Mr. Speaker, let me just also say to my colleagues that we have heard 
from some very reliable sources that those who have been incarcerated, 
those who are being intimidated are being told that the United States 
really doesn't care about human rights; that all that we care about is 
the almighty buck, the dollar, and making profits. I want to remind 
them that we have not walked away. This is a bipartisan expression of 
concern for their well-being.
  Of course, we know why they do this. I will never forget Wei 
Jingsheng, the great human rights Democracy Wall leader, who spent 
years in the Chinese laogai, or gulag, coming and testifying at a 
hearing that I convened on human rights abuses in China. He said that 
one of the ways that they break people in prison is to say that nobody 
cares and that everybody has forgotten. It says in the Bible that 
without hope, the people perish. And that is I think doubly, triply 
true when you are an incarcerated political prisoner and you are told 
that you have been abandoned.
  I want those individuals to know we have not abandoned them. We care 
deeply for them. We pray for them; and we are trying to do what we can 
do, using legislation to try to effectuate their release and hopefully, 
some day, welcome a Vietnam that is democratic, free, and a protector 
of human rights, not a violator.
  Mr. Speaker, let me also finally say that right after we passed this 
legislation out of committee in the International Relations Committee 
in a totally bipartisan effort, the Communist Party of Vietnam's online 
newspaper berated me and my colleagues very, very, I think, viciously. 
They did what all human rights abusers always do. They said, Don't 
interfere with our internal affairs.
  Well, we have heard that before, Mr. Speaker. We have heard it from 
the Soviet Union. We have heard it from Cuba. We have heard it from 
countries where gulags are filled with human rights activists and 
freedom-loving individuals. We heard it from South Africa in the 1980s 
when many of us spoke out passionately against apartheid. They said, 
Don't intervene in our internal affairs.
  I hope the Senate takes note. I hope my colleagues will read what is 
truly going on in Vietnam today. I have put this in the Record, the 
8406 Manifesto, a great statement of human rights call, and will 
include as the judge's findings in the sentencing of the two people, 
including Dai that I mentioned earlier. You read this and you realize 
why we get so concerned, those of us like Mr. Faleomavaega and others 
who follow this day in and day out. This is an indictment on the 
system, not on the individuals who have been sent to prison.
  Mr. Speaker, I urge my colleagues to read this. I urge passage of 
this bill.
  Ms. JACKSON-LEE of Texas. Mr. Speaker, I rise today in strong support 
of H.R. 3096, the Vietnam Human Rights Act of 2007, introduced by my 
distinguished colleague, Mr. Smith. This important legislation provides 
economic and political incentives for the Vietnamese government to 
improve its human rights record and ensure freedom and democracy. This 
bill also encourages the dissemination of information to the people of 
Vietnam through promoting free media and encouraging educational 
exchanges with the United States that will allow for a true democracy 
of truth and knowledge develop.
  Mr. Speaker, despite a recent history of warfare and an oppressive 
command economy, Vietnam is now making extraordinary progress. Last 
year, Vietnam's economy grew by over 8 percent, and it hosted the Asia 
Pacific Economic Cooperation Summit. In January 2007, Vietnam joined 
the World Trade Organization.
  This rapid economic progress has improved the lives of millions of 
Vietnamese. However, I remain concerned about the lack of political 
openness and reported human rights abuses. In this repressive 
atmosphere, the government arrests individuals who are peacefully 
advocating democracy as well as limiting the freedom of religion, 
freedom of the press, and freedom of information.
  Vietnam today is at a crossroads, the government must now choose to 
accept its responsibilities to its citizens or continue upon its 
trajectory of shunning them, facing increasing international scrutiny. 
The United States and the Congress must react to the situation in 
Vietnam with firmness and resolve; we are

[[Page H10391]]

unable and unwilling to ignore human rights abuses and political 
suppression anywhere in the world.
  By limiting the amount of funds the United States provides to the 
Vietnamese Government pending a substantial and documented improvement 
in its human rights record, the United States will show its commitment 
to the promotion of freedom and democracy throughout the world. This 
bill will prohibit the provision of additional non-humanitarian funds 
unless the Vietnamese Government has released political prisoners, made 
progress on respecting freedom of religion, made progress on returning 
church properties, allowed the Vietnamese people access to U.S. refugee 
programs, made progress on protecting ethnic minority rights, and has 
held accountable any official who is found to have been complicit in 
the trafficking of humans.
  The provisions of this legislation work to ensure that the Vietnamese 
Government halts any and all human rights abuses, while also respecting 
and ensuring the rights of its citizens. I believe that this 
legislation provides the necessary administrative outline that will 
allow the United States to pursue the best possible relationship with 
Vietnam and cement our position as an advocate of human rights in the 
realm of international affairs. The bill makes it the policy of the 
United States to actively promote democracy and freedom through 
educational exchanges, as well as offering refugee resettlement to all 
eligible nationals of Vietnam. This bipartisan resolution is a crucial 
step toward securing the promotion of freedom, democracy, and a respect 
for universal human rights in Vietnam, the United States and the world 
as a focal point of United States foreign policy.
  I strongly urge my colleagues to join me in supporting this important 
legislation.
  Mr. WOLF. Mr. Speaker, I rise today in support of H.R. 3096, the 
Vietnam Human Rights Act of 2007, a bill which I am pleased to 
cosponsor. Introduced by my good friend and colleague, Representative 
Chris Smith of New Jersey, a champion of human rights in this House, 
this is an important measue which speaks to the deteriorating state of 
human rights in Vietnam.
  After joining the World Trade Organization in January 2007, the 
politburo of the Vietnamese Communist Party (VCP) has carried out a 
large-scale brutal campaign of arrest against the nascent movement for 
democracy in Vietnam. Ignoring all international criticism and 
strenuous protests of the Vietnamese people, inside Vietnam and abroad, 
the communist regime in Hanoi has shamefully pushed ahead with its 
crackdown. Among others, the following events were particularly 
disconcerting to me:
  On February 18, 2007, the second day of the Lunar New Year, which is 
the most sacred time in Vietnamese culture, the communist security 
forces raided Father Nguyen Van Ly's office within the Communal 
Residence of the Hue Archdiocese. Father Ly was later banished to a 
remote, secluded area in Hue.
  On March 8, 2007, Reverend Nguyen Cong Chinch and his wife were 
brutally assaulted by security forces of Gia Lai Province in the 
Central Highlands, who then arrested Reverend Chinch on undisclosed 
charges.
  Also on March 8, 2007, two prominent human rights activists and 
lawyers, Mr. Nguyen Van Dai and Ms. Le Thi Cong Nhan, were arrested in 
Hanoi and were told that they would be detained for four months as part 
of an undisclosed investigation.
  On March 9, 2007, Mr. Tran Van Hoa, a member of the People's 
Democracy Party in Quang Ninh Province, and Mr. Pham Van Troi, a member 
of the Committee for Human Rights in Ha Tay, were summoned by security 
forces and threatened with ``immeasurable consequences'' if they do not 
stop their advocacy for human rights in Vietnam.
  Also on March 10, 2007, state security forces also raided the home of 
Ms. Tran Khai Thanh Thuy, a writer, on the grounds that she advocated 
for ``people with grievances'' against the government. They took away 
two computers, two cell phones, and hundreds of appeals that she had 
prepared for victims of the government's abuses.
  On March 12, 2007, lawyer Le Quoc Quan, a consultant on local 
governance for the World Bank, Asian Development Bank, UNDP, and 
Swedish International Development Agency, was arrested in his hometown, 
Nghe An, less than a week after he returned from a fellowship at the 
National Endowment for Democracy in Washington, D.C. His whereabouts 
are unknown at this time.
  On April 5, 2007, the Vietnamese authorities in Hanoi rudely 
prevented Congresswoman Loretta Sanchez (D-CA) from meeting with 
several dissidents' wives at a gathering organized at the U.S. 
Ambassador's home. The police reportedly used very hostile and 
undignified manners to intervene in the meeting.
  Furthermore, the Hanoi communist regime is still imprisoning many 
political dissidents and labor advocates such as Huynh Nguyen Dao, 
Truong Quoc Huy, Nguyen Tan Hoanh, Doan Huu Chuong, and more than 350 
lay people of the Protestant churches in the Central Highland.
  I share the concerns of the Vietnamese-Americans in my district, as 
well as all across the country, who are very angered and distressed by 
what they perceive as a new and aggressive plan of the Hanoi government 
to reverse the progress of human rights in Vietnam. It seems to me that 
the Vietnamese government is conducting this crackdown on advocates of 
human rights and religious freedom because it believes that the U.S. 
has no further leverage in the region. Now that Vietnam has been 
admitted to the WTO, and met with the Holy See, they believe they can 
respond in this brutal fashion to supporters of democracy and freedom 
and we will not respond.
  Throughout my years in Congress, I have worked to foster human rights 
and religious freedom throughout the world. I have raised this issue 
with U.S. government officials often, especially since this recent 
crackdown, in an effort to pressure the Vietnamese government to stop 
persecuting its citizens. I believe the State Department should 
consider putting Vietnam back on the list of Countries of Particular 
Concern if the human rights situation in Vietnam does not improve. I 
believe that the State Department is failing the Vietnamese people 
struggling for human rights, and is not doing all that it can do to 
advocate on behalf of the Vietnamese people. The Vietnamese people 
should be able to choose their own leaders through free and fair 
elections and to use the Internet freely without censure or 
restrictions.
  Mr. Speaker, I urge a unanimous vote for passage of this legislation 
so that the Vietnamese people will know that the U.S. House of 
Representatives stands in support of their freedom.
  Mr. SMITH of New Jersey. Mr. Speaker, I yield back the balance of our 
time.
  The SPEAKER pro tempore. The question is on the motion offered by the 
gentleman from American Samoa (Mr. Faleomavaega) that the House suspend 
the rules and pass the bill, H.R. 3096, as amended.
  The question was taken.
  The SPEAKER pro tempore. In the opinion of the Chair, two-thirds 
being in the affirmative, the ayes have it.
  Mr. SMITH of New Jersey. Mr. Speaker, on that I demand the yeas and 
nays.
  The yeas and nays were ordered.
  The SPEAKER pro tempore. Pursuant to clause 8 of rule XX and the 
Chair's prior announcement, further proceedings on this motion will be 
postponed.

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