[Congressional Record (Bound Edition), Volume 147 (2001), Part 12]
[House]
[Pages 16477-16492]
[From the U.S. Government Publishing Office, www.gpo.gov]



                       VIET NAM HUMAN RIGHTS ACT

  Mr. SMITH of New Jersey. Madam Speaker, pursuant to a previous order 
of the House, I call up the bill (H.R. 2833) to promote freedom and 
democracy in Viet Nam, and ask for its immediate consideration in the 
House.
  The Clerk read the title of the bill.
  The text of H.R. 2833 is as follows:

                               H.R. 2833

       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 ``Viet Nam 
     Human Rights Act''.
       (b) Table of Contents.--The table of contents for this Act 
     is as follows:

Sec. 1. Short title; table of contents.

                      TITLE I--GENERAL PROVISIONS

Sec. 101. Findings.
Sec. 102. Purpose.

        TITLE II--PROMOTION OF FREEDOM AND DEMOCRACY IN VIET NAM

Subtitle A--Prohibition on Nonhumanitarian Assistance to the Government 
                              of Viet Nam

Sec. 201. Bilateral nonhumanitarian assistance.
Sec. 202. Multilateral nonhumanitarian assistance.

        Subtitle B--Assistance to Support Democracy in Viet Nam

Sec. 211. Assistance.

               Subtitle C--United States Public Diplomacy

Sec. 221. Radio Free Asia transmissions to Viet Nam.
Sec. 222. United States educational and cultural exchange programs with 
              Viet Nam.

                Subtitle D--United States Refugee Policy

Sec. 232. Refugee resettlement for nationals of Viet Nam.

 Subtitle E--Annual Report on Progress Toward Freedom and Democracy in 
                                Viet Nam

Sec. 241. Annual report.

                      TITLE I--GENERAL PROVISIONS

     SEC. 101. FINDINGS.

       Congress finds the following:

[[Page 16478]]

       (1) Viet Nam is a one-party state, ruled and controlled by 
     the Vietnamese Communist Party.
       (2) The Government of Viet Nam denies the people of Viet 
     Nam the right to change their government and prohibits 
     independent political, social, and labor organizations.
       (3)(A) The Government of Viet Nam consistently pursues a 
     policy of harassment, discrimination, and intimidation, and 
     sometimes of imprisonment and other forms of detention, 
     against those who peacefully express dissent from government 
     or party policy.
       (B) Recent victims of such mistreatment, which violates the 
     rights to freedom of expression and association recognized in 
     the Universal Declaration of Human Rights, include Dr. Nguyen 
     Dan Que, Dr. Nguyen Thanh Giang, General Tran Do, Most 
     Venerable Thich Huyen Quang, Most Venerable Thich Quang Do, 
     Father Nguyen Van Ly, numerous leaders of the Hoa Hao 
     Buddhist Church and of independent Protestant churches, and 
     an undetermined number of members of the Montagnard ethnic 
     minority groups who participated in peaceful demonstrations 
     in the Central Highlands of Viet Nam during February 2001.
       (4) The Government of Viet Nam systematically deprives its 
     citizens of the fundamental right to freedom of religion. 
     Although some freedom of worship is permitted, believers are 
     forbidden to participate in religious activities except under 
     circumstances rigidly defined and controlled by the 
     government:
       (A) In 1999 the Government issued a Decree Concerning 
     Religious Activities, which declared in pertinent part that 
     ``[a]ll activities using religious belief in order to oppose 
     the State of the Socialist Republic of Viet Nam, to prevent 
     the believers from carrying out civic responsibilities, to 
     sabotage the union of all the people, to against the healthy 
     culture of our nation, as well as superstitious activities, 
     will be punished in conformity with the law''.
       (B) The Unified Buddhist Church of Viet Nam (UCBV), the 
     largest religious denomination in the country, has been 
     declared illegal by the Government, and over the last twenty-
     five years its clergy have often been imprisoned and 
     subjected to other forms of persecution. The Patriarch of the 
     Unified Buddhist Church, 83-year-old Most Venerable Thich 
     Huyen Quang, has been detained for 21 years in a ruined 
     temple in an isolated area of central Viet Nam. Most 
     Venerable Thich Quang Do, the Executive President of the 
     Unified Buddhist Church, has also been in various forms of 
     detention for many years, and was recently rearrested and 
     placed under house arrest after he had proposed to bring Most 
     Venerable Thich Huyen Quang to Saigon for medical treatment.
       (C) The Hoa Hao Buddhist Church was also declared to be 
     illegal until 1999, when the Government established an 
     organization which purports to govern the Hoa Hao. According 
     to the United States Commission on International Religious 
     Freedom, ``[t]his organization is made up almost entirely of 
     Communist Party members and apparently is not recognized as 
     legitimate by the vast majority of Hoa Haos . . . 
     [n]evertheless, [this government-sponsored organization] has 
     sought to control all Hoa Hao religious activity, 
     particularly at the Hoa Hao village, which is the center of 
     Hoa Hao religious life''. Hoa Hao believers who do not 
     recognize the legitimacy of the government organization are 
     denied the right to visit the Hoa Hao village, to conduct 
     traditional religious celebrations, or to display Hoa Hao 
     symbols. Many have been arrested and subjected to 
     administrative detention, and several Hoa Hao have been 
     sentenced to prison terms for protesting these denials of 
     religious freedom.
       (D) Independent Protestants, most of whom are members of 
     ethnic minority groups, are subjected to particularly harsh 
     treatment by the Government of Viet Nam. According to the 
     United States Commission on International Religious Freedom, 
     such treatment includes ``police raids on homes and house 
     churches, detention, imprisonment, confiscation of religious 
     and personal property, physical and psychological abuse, and 
     fines for engaging in unapproved religious activities (such 
     as collective worship, public religious expression and 
     distribution of religious literature, and performing 
     baptisms, marriages, or funeral services) . . . [i]n 
     addition, it is reported that ethnic Hmong Protestants have 
     been forced by local officials to agree to abandon their 
     faith''.
       (E) Other religious organizations, such as the Catholic 
     Church, are formally recognized by the Government but are 
     subjected to pervasive regulation which violates the right to 
     freedom of religion. For instance, the Catholic Church is 
     forbidden to appoint its own bishops without Government 
     consent, which is frequently denied, to accept seminarians 
     without specific official permission, and to profess Catholic 
     doctrines which are inconsistent with Government policy. A 
     Catholic priest, Father Nguyen Van Ly, was arrested in March 
     2001 and remains in detention after submitting written 
     testimony to the United States Commission on International 
     Religious Freedom.
       (F) The Government has also confiscated numerous churches, 
     temples, and other properties belonging to religious 
     organizations. The vast majority of these properties--even 
     those belonging to religious organizations formally 
     recognized by the Government--have never been returned.
       (5) Since 1975 the Government of Viet Nam has persecuted 
     veterans of the Army of the Republic of Viet Nam and other 
     Vietnamese who had opposed the Viet Cong insurgency and the 
     North Vietnamese invasion of South Viet Nam. Such persecution 
     typically included substantial terms in ``re-education 
     camps'', where detainees were often subjected to torture and 
     other forms of physical abuse, and in which many died. Re-
     education camp survivors and their families were often forced 
     into internal exile in ``New Economic Zones''. Many of these 
     former allies of the United States, as well as members of 
     their families, continue until the present day to suffer 
     various forms of harassment and discrimination, including 
     denial of basic social benefits and exclusion from higher 
     education and employment.
       (6)(A) The Government of Viet Nam has been particularly 
     harsh in its treatment of members of the Montagnard ethnic 
     minority groups of the Central Highlands of Viet Nam, who 
     were the first line in the defense of South Viet Nam against 
     invasion from the North and who fought courageously beside 
     members of the Special Forces of the United States Army, 
     suffering disproportionately heavy casualties, and saving the 
     lives of many of their American and Vietnamese comrades-in-
     arms.
       (B) Since 1975 the Montagnard peoples have been singled out 
     for severe repression, in part because of their past 
     association with the United States and in part because their 
     strong commitment to their traditional way of life and to 
     their Christian religion is regarded as inconsistent with the 
     absolute loyalty and control demanded by the Communist 
     system.
       (C) In February 2001 several thousand Montagnards 
     participated in a series of peaceful demonstrations 
     throughout the Central Highlands, demanding religious freedom 
     and restoration of their confiscated lands, and the 
     Government responded by closing off the Central Highlands and 
     sending in military forces, tanks, and helicopter gunships.
       (D) Credible reports by refugees who have escaped to 
     Cambodia indicate that the Government has executed some 
     participants in the demonstrations and has subjected others 
     to imprisonment, torture, and other forms of physical abuse.
       (E) The Government of Viet Nam has also taken steps to 
     prevent further Montagnards from escaping, and there are 
     credible reports that Vietnamese security forces in Cambodia 
     are offering bounties for the surrender of Montagnard asylum 
     seekers.
       (7) The Government of Viet Nam has also persecuted members 
     of other ethnic minority groups, including the Khmer Krom 
     from the Mekong Delta, many of whom fought alongside United 
     States military personnel during the Viet Nam war and whose 
     Hinayana Buddhist religion is not among those recognized by 
     the Government.
       (8) The Government of Viet Nam also engages in or condones 
     serious violations of the rights of workers. In August 1997, 
     the United Nations Children's Fund (UNICEF) reported that 
     child labor exploitation is on the rise in Viet Nam with tens 
     of thousands of children under 15 years of age being 
     subjected to such exploitation. The government's official 
     labor export program also has subjected workers, many of whom 
     are women, to involuntary servitude, debt bondage, and other 
     forms of abuse, and the reaction of government officials to 
     worker complaints of such abuse has been to threaten the 
     workers with punishment if they do not desist in their 
     complaints.
       (9)(A) United States refugee resettlement programs for 
     Vietnamese nationals, including the Orderly Departure Program 
     (ODP), the Resettlement Opportunities for Returning 
     Vietnamese (ROVR) program, and resettlement of boat people 
     from refugee camps throughout Southeast Asia, were authorized 
     by law in order to rescue Vietnamese nationals who have 
     suffered persecution on account of their wartime associations 
     with the United States, as well as those who currently have a 
     well-founded fear of persecution on account of race, 
     religion, nationality, political opinion, or membership in a 
     particular social group.
       (B) In general, these programs have served their purpose 
     well. However, many refugees who were eligible for these 
     programs were unfairly denied or excluded, in some cases by 
     vindictive or corrupt Communist officials who controlled 
     access to the programs, and in others by United States 
     personnel who imposed unduly restrictive interpretations of 
     program criteria. These unfairly excluded refugees include 
     some of those with the most compelling cases, including many 
     Montagnard combat veterans and their families.
       (10) The Government of Viet Nam systematically jams 
     broadcasts by Radio Free Asia, an independent broadcast 
     service funded by the United States in order to provide news 
     and entertainment to the people of countries in Asia whose 
     governments deny the right to freedom of expression and of 
     the press.
       (11) In 1995 the Governments of the United States and Viet 
     Nam announced the ``normalization'' of diplomatic relations. 
     In 1998

[[Page 16479]]

     then-President Clinton waived the application of section 402 
     of the Trade Act of 1974 (commonly known as the ``Jackson-
     Vanik Amendment''), which restricts economic assistance to 
     countries with non-market economies whose governments also 
     restrict freedom of emigration. In 1999 the Governments of 
     the United States and Viet Nam announced ``agreement in 
     principle'' on a bilateral trade agreement. This agreement 
     was signed in 2000 and has been presented to Congress for 
     approval or disapproval.
       (12) The Congress and the American people are united in 
     their determination that the extension or expansion of trade 
     relations with a country whose government engages in serious 
     and systematic violations of fundamental human rights must 
     not be construed as a statement of approval or complacency 
     about such practices. The promotion of freedom and democracy 
     around the world--and particularly for people who have 
     suffered in large part because of their past associations 
     with the United States and because they share our values--is 
     and must continue to be a central objective of United States 
     foreign policy.

     SEC. 102. PURPOSE.

       The purpose of this Act is to promote the development of 
     freedom and democracy in Viet Nam.

        TITLE II--PROMOTION OF FREEDOM AND DEMOCRACY IN VIET NAM

Subtitle A--Prohibition on Nonhumanitarian Assistance to the Government 
                              of Viet Nam

     SEC. 201. 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 Viet Nam--
       (A) for fiscal year 2002 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 241 that the 
     requirements of subparagraphs (A) through (D) 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 Viet Nam has made substantial 
     progress toward releasing all political and religious 
     prisoners from imprisonment, house arrest, and other forms of 
     detention;
       (B) the Government of Viet Nam 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;
       (C) the Government of Viet Nam has made substantial 
     progress toward respecting the human rights of members of 
     ethnic minority groups in the Central Highlands or elsewhere 
     in Viet Nam; and
       (D)(i) neither any official of the Government of Viet Nam 
     nor any agency or entity wholly or partly owned by the 
     Government of Viet Nam was complicit in a severe form of 
     trafficking in persons; or
       (ii) the Government of Viet Nam took all appropriate steps 
     to end any such complicity and hold such official, agency, or 
     entity fully accountable for its conduct.
       (b) Exception.--
       (1) In general.--Subsection (a) shall not apply for any 
     fiscal year with respect to the provision of United States 
     nonhumanitarian assistance for any program or activity for 
     which such assistance was provided to the Government of Viet 
     Nam for fiscal year 2001 in an amount not to exceed the 
     amount so provided for fiscal year 2001.
       (2) Continuation of assistance in the national interest.--
     Notwithstanding the failure of the Government of Viet Nam 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 Viet Nam of increased United States 
     nonhumanitarian assistance would promote the purposes of this 
     Act or is otherwise in the national interest of the United 
     States.
       (3) Exercise of waiver authority.--
       (A) In general.--The President may exercise the authority 
     under paragraph (2) with respect to--
       (i) all United States nonhumanitarian assistance to Viet 
     Nam; or
       (ii) one or more programs, projects, or activities of such 
     assistance.
       (c) Definitions.--In this section:
       (1) 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)).
       (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; and
       (iii) assistance for refugees; and
       (B) sales, or financing on any terms, under the Arms Export 
     Control Act.

     SEC. 202. MULTILATERAL NONHUMANITARIAN ASSISTANCE.

       The President shall ensure that section 701 of the 
     International Financial Institutions Act (22 U.S.C. 262d), 
     relating to human rights, is carried out with respect to Viet 
     Nam.

        Subtitle B--Assistance to Support Democracy in Viet Nam

     SEC. 211. ASSISTANCE.

       (a) In General.--The President is authorized to provide 
     assistance, through appropriate nongovernmental 
     organizations, for the support of individuals and 
     organizations to promote human rights and nonviolent 
     democratic change in Viet Nam.
       (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 2002 and 2003.

               Subtitle C--United States Public Diplomacy

     SEC. 221. RADIO FREE ASIA TRANSMISSIONS TO VIET NAM.

       (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 
     Viet Nam.
       (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 2002 and $1,100,000 for the 
     fiscal year 2003.

     SEC. 222. UNITED STATES EDUCATIONAL AND CULTURAL EXCHANGE 
                   PROGRAMS WITH VIET NAM.

       It is the policy of the United States that programs of 
     educational and cultural exchange with Viet Nam should 
     actively promote progress toward freedom and democracy in 
     Viet Nam 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.

                Subtitle D--United States Refugee Policy

     SEC. 232. REFUGEE RESETTLEMENT FOR NATIONALS OF VIET NAM.

       (a) Policy of the United States.--It is the policy of the 
     United States to offer refugee resettlement to nationals of 
     Viet Nam (including members of the Montagnard ethnic minority 
     groups) who were eligible for the Orderly Departure Program 
     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 the 
     inability to pay bribes demanded by officials of the 
     Government of Viet Nam) were unable 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 2001, 2002, 
     and 2003, 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.

 Subtitle E--Annual Report on Progress Toward Freedom and Democracy in 
                                Viet Nam

     SEC. 241. ANNUAL REPORT.

       Not later than May 31 of each year, the Secretary of State 
     shall submit to Congress a report for the 12-month period 
     ending on the date of submission of the report, on the 
     following:
       (1)(A) The determination and certification of the President 
     that the requirements of subparagraphs (A) through (D) of 
     section 201(a)(2) have been met, if applicable.
       (B) The determination of the President under section 
     201(b)(2), if applicable.
       (2) Efforts by the United States Government to secure 
     transmission sites for Radio Free Asia in countries in close 
     geographical proximity to Viet Nam in accordance with section 
     221(a).
       (3) Efforts to ensure that programs with Viet Nam promote 
     the policy set forth in section 222 and with section 102 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 
     232(a).
  The SPEAKER pro tempore. Pursuant to the order of the House of 
Wednesday, September 5, 2001, the gentleman from New Jersey (Mr. Smith) 
and the gentleman from California (Mr. Lantos) each will control 30 
minutes.
  The Chair recognizes the gentleman from New Jersey (Mr. Smith).

[[Page 16480]]




                             General Leave

  Mr. SMITH of New Jersey. Madam Speaker, I ask unanimous consent that 
all Members may have 5 legislative days within which to revise and 
extend their remarks on H.R. 2833.
  The SPEAKER pro tempore. Is there objection to the request of the 
gentleman from New Jersey?
  There was no objection.
  Mr. SMITH of New Jersey. Madam Speaker, I yield myself such time as I 
may consume.
  Madam Speaker, first of all, let me thank my good friend, the 
gentleman from California (Mr. Lantos), and other cosponsors of this 
important human rights legislation for their strong support for this 
measure that is before the body today.
  Madam Speaker, to hear some of our colleagues talk, we would think 
that Viet Nam was well on its way to being a human rights success 
story. Unfortunately, this is simply not the case. Just this week, a 
Buddhist monk in Danang committed suicide by self-immolation to protest 
the increasingly harsh repression of the Unified Buddhist Church of 
Viet Nam.
  Just yesterday, the Hanoi security cadres arrested two prominent 
reform advocates, retired Colonel Phan Que Duong and writer Hoang Minh 
Chinh. Their only crime appears to have been asking permission to start 
a nongovernmental organization that would expose corruption and promote 
transparency in government.
  Yet, these thoughtful and courageous men were dragged away from their 
homes and families on the very eve of the vote on the trade agreement 
whose supporters say is evidence that the Vietnamese Government is on 
the road to reform.
  It is true that there have been some improvements since the dark days 
of the late 1970s and early 1980s, when hundreds of thousands of people 
were confined to so-called ``reeducation camps;'' and as we know, many 
died there, simply because they had taken the side of freedom. But in 
recent years, there has been no such progress. Indeed, in the last few 
months, the government of Viet Nam has substantially increased the 
frequency and the severity of its human rights violations.
  Madam Speaker, the Government of Viet Nam systematically denies the 
fundamental right to freedom of religion. Although some freedom of 
worship is permitted, believers are forbidden to participate in 
religious activities except under circumstances rigidly defined and 
controlled by the government.
  In 1999, the government issued a Decree Concerning Religious 
Activities which declared, in pertinent part, ``All activities using 
religious belief in order to oppose the State of the Socialist Republic 
of Viet Nam, to prevent the believers from carrying out civic 
responsibilities, to sabotage the union of all the people, to go 
against the healthy culture of our Nation, as well as superstitious 
activities, will be punished in conformity with law.''
  The Unified Buddhist Church of Viet Nam, Madam Speaker, the largest 
religious denomination in Viet Nam, has been declared illegal by the 
government, and over the last 25 years its clergy have often been 
imprisoned and subjected to other forms of persecution.

                              {time}  1230

  The Patriarch of the Unified Buddhist Church, 83-year-old Most 
Venerable Thich Huyen Quang, has been detained for 21 years in a ruined 
temple in an isolated area of central Vietnam. Most Venerable Thich 
Quang Do, the Executive President of the Unified Baptist Church, has 
also been in various forms of detention for many years, and was 
recently rearrested and placed under house arrest after he had proposed 
to bring the most Venerable Thich Huyen Quang to Saigon for medical 
treatment. For that, he was punished.
  The Hoa Hao Buddhist Church was also declared to be illegal until 
1999, when the government established an organization which purports to 
govern the Hoa Hao, but is dominated by government and Communist 
cadres, which is not acceptable to the believers. Several Hoa Hao have 
been sentenced to prison terms for protesting this denial of their 
religious freedom.
  Independent Protestants, most of whom are members of ethnic minority 
groups, are subjected to particularly harsh treatment by the Government 
of Vietnam. According to the United States Commission on International 
Religious Freedom, such treatment includes police raids on homes and 
house churches, detention, imprisonment, confiscation of religious and 
personal property, physical and psychological abuse, and fines for 
engaging in unapproved religious activities such as collective worship, 
public religious expression, the distribution of religious literature, 
and performing baptisms, marriages, and funeral services. In addition, 
the U.S. Commission's report goes on to say, it is reported that ethnic 
Hmong Protestants have been forced by local officials to agree to 
abandon their faith.
  A Catholic priest, Madam Speaker, Father Nguyen Van Ly was arrested 
in March of 2001, just a few months ago, and remains in detention after 
submitting written testimony to the United States Commission on 
International Religious Freedom. For that, this great trading partner 
of the United States, this man, this priest, was arrested: submitting 
testimony to an official organ, a function of the United States 
Government that investigates religious persecution.
  Madam Speaker, the other human rights violation in Vietnam right now 
is the recent intensification of the government's systematic repression 
of the Montagnards. Since 1975, the Montagnard people have been 
severely persecuted, in part because of their wartime association with 
the United States, and in part because of their strong commitment to 
their traditional way of life and to their Christian religion, and that 
is regarded as inconsistent with the absolute loyalty and control 
demanded by the Communist system.
  In February 2001, several thousand Montagnards participated in a 
series of peaceful demonstrations throughout the Central Highlands, 
demanding religious freedom and restoration of their confiscated lands. 
The government responded by closing off the Central Highlands and 
sending in military forces, tanks and helicopters. Credible reports by 
refugees who have escaped to Cambodia indicate that at least one 
participant in the demonstration was killed and that the government has 
subjected others to imprisonment and torture and other forms of 
physical abuse. The Government of Vietnam has also taken steps to 
prevent further Montagnards from escaping, and the Vietnamese security 
forces in Cambodia are offering bounties for the surrender of 
Montagnard asylum seekers.
  Madam Speaker, I want to also call attention to the active 
involvement of officials and entities of the Vietnamese Government in 
severe forms of trafficking in persons. There is evidence that the 
government's official labor export program has subjected workers, many 
of whom are women, to involuntary servitude, debt bondage, and other 
forms of abuse. In the recent case of several hundreds of workers who 
were trafficked by Vietnamese-owned corporations to the Daewoosa 
factory in American Samoa, the reaction of government officials to 
worker complaints of severe mistreatment was to threaten the workers 
with ``punishment under the laws of Vietnam'' if they continued to 
complain.
  Madam Speaker, as most Members know, these are not the only human 
rights violations committed by the Vietnamese Government. The 
Government of Vietnam also pursues a policy of harassment, 
discrimination, intimidation, and other types of detention against 
those who peacefully express dissent from the government or the party 
policy. The arrests of Mr. Chinh and Colonel Duong are just the latest 
episode in that awful story.
  Madam Speaker, the Human Rights Act for Vietnam will ensure that 
putting an end to those egregious abuses remains central to U.S. 
foreign policy toward Vietnam. It will not restrict trade in any way, 
but it uses other forms of leverage to construct a human rights program 
that is comprehensive yet reasonable and flexible.

[[Page 16481]]

  First, the act tells the truth about human rights and the situation 
of human rights in Vietnam. It describes the violations by the 
Government of Vietnam of the rights to freedom of expression, 
association, and religion, and the rights of workers, as well as the 
persecution of ethnic minorities, as I said, including the Montagnards 
and persons associated with the United States prior to 1975. The act 
concludes that Congress and the American people are united in their 
determination that expansion of trade relations should not be construed 
as approval or complacency or complicity about human rights violations, 
and that the promotion of freedom and democracy must be central to U.S. 
foreign policy.
  Second, the act will link increases in foreign aid, other than 
humanitarian assistance to the Government of Vietnam, to a finding by 
the President that the government has made ``substantial progress'' 
toward meeting certain human rights benchmarks. These benchmarks are 
reasonable and easily attainable: substantial progress toward release 
of political and religious prisoners; substantial progress toward 
respect by the Government of Vietnam to the right of freedom of 
religion, including the right to participate in religious organizations 
not connected to the Government of Vietnam; substantial progress, Madam 
Speaker, toward respect for the rights of members of ethnic minority 
groups in the Central Highlands and elsewhere; and an end to the 
government complicity and severe forms of trafficking in human persons.
  Madam Speaker, the Vietnam Human Rights Act does not require cuts in 
current levels of assistance or impose any restrictions at all on 
assistance that goes to nongovernmental organizations or private sector 
enterprises. It affects only increases in nonhumanitarian aid that goes 
to the Government of Vietnam. It also has a waiver capability that the 
President can exercise in the national interest or if he feels that the 
purposes of the act would be better served by waiving its provisions.
  Madam Speaker, finally, just let me say the act also authorizes 
assistance to NGOs committed to promoting freedom and democracy in 
Vietnam. It will support efforts by the United States to overcome 
Hanoi's systematic jamming of the profreedom broadcasts by Radio Free 
Asia. It is amazing to me that right now, as we are about to approve a 
bilateral trade agreement, they are jamming every day the broadcast 
coming out of Radio Free Asia.
  The act would require the State Department to take steps to ensure 
that U.S. cultural and exchange programs are open to people who share 
our values not just of the Vietnamese Government and Communist Party 
officials and persons close to those officials.
  Finally, Madam Speaker, the act declares it to be the policy of the 
U.S. to offer refugee resettlement to pro-American combat veterans and 
other residents of Vietnam who meet the statutory criteria for U.S. 
refugee programs, who have been wrongfully denied access to these 
programs for reasons beyond their control, including but not limited to 
their inability to pay bribes that have been demanded by the Vietnamese 
Government officials.
  The act does not change existing refugee law and does not mandate the 
admission of any person or group. The act does insist, however, that 
discretion under current law should be exercised to promote fairness 
for people who have been persecuted for 25 years because of their 
wartime associations with the U.S. or simply because they share our 
values.
  Madam Speaker, I urge a positive vote on this bill, and I reserve the 
balance of my time.
  Mr. LANTOS. Madam Speaker, I yield myself such time as I may consume, 
and I rise in support of H.R. 2833.
  First, I would like to commend my good friend and distinguished 
colleague, the gentleman from New Jersey (Mr. Smith), for introducing 
this very important legislation and for doggedly pursuing the Vietnam 
human rights issue, as indeed he has been pursuing so many human rights 
issues during his entire course of great service to this Nation. I 
would also like to express my appreciation to the chairman of the 
committee, the gentleman from Illinois (Mr. Hyde), for moving this 
legislation so expeditiously.
  Madam Speaker, yesterday afternoon I returned from the Durban 
Conference in South Africa on Racism and Discrimination, as the 
American delegation was withdrawn by Secretary of State Colin Powell, a 
decision I fully support.
  It is ironic to listen to the gentleman from New Jersey (Mr. Smith), 
outlining in great detail the discrimination and persecution unfolding 
in Vietnam against religious and ethnic minorities, because Vietnam was 
not on the agenda at Durban. The Sudan was not on the agenda at Durban, 
although as we speak, slave trade is taking place in the Sudan.
  Afghanistan and the Taliban were not on the agenda in Durban, 
although we know what happens to individuals who attempt to introduce 
Christianity into that country. There are few things Afghanistan needs 
more than some Christian values.
  Saudi Arabia was not on the agenda, although the persecution of women 
continues unabated, discrimination against women continues unabated.
  The only country singled out for criticism at the farce which was 
Durban was the democratic state and our ally in the Middle East, the 
State of Israel. So the timing of this legislation, as it comes before 
us, could not be more opportune.
  I would like to identify myself with the statements made by the 
gentleman from New Jersey with respect to all the specific acts of 
religious and ethnic persecution which unfold in Vietnam. None of us 
here should be under any illusion about the nature of the Vietnamese 
Government. According to the State Department's Human Rights Report, 
the Vietnamese Government is an unrepentant authoritarian regime. True 
political opposition in that country is not allowed. Freedom of 
expression does not exist, and Vietnamese are put in prison for good 
for simply expressing political opinions the government does not 
approve of.
  The Vietnamese Government places the most severe restrictions on the 
expression of religious beliefs, particularly beliefs in Buddhism, as 
my good friend and colleague so eloquently outlined.
  Madam Speaker, today the House will approve the U.S.-Vietnam 
bilateral trade agreement. I support that agreement, but it is critical 
that we send a signal to Hanoi that the U.S. continues to care about 
the human rights and the religious freedom situation in Vietnam, not 
just trade. Passage of the Smith legislation will indicate to the 
administration and to the Vietnamese Government that the Congress 
expects to see true progress on the human rights front, and we have not 
forgotten those Vietnamese who are being persecuted for their religious 
beliefs or their political views.
  The legislation that we are considering will ensure that there is not 
a rollback in our trade and aid relationship with Vietnam, only a cap 
on the level of our aid to Vietnam unless decent human rights 
conditions are created.

                              {time}  1245

  It is ironic that this legislation is before us today, because if it 
were not and if it would be merely a discussion of trade with Vietnam, 
we ourselves would be engaging in hypocrisy as are the delegates in 
Durban as we speak. It is important to promote trade. But it is 
important to stand up for human rights as well.
  I commend and congratulate the gentleman from New Jersey (Mr. Smith) 
for introducing this legislation. I urge all of my colleagues to 
support its passage.
  Madam Speaker, I reserve the balance of my time.
  Mr. SMITH of New Jersey. Madam Speaker, I yield myself 10 seconds.
  Madam Speaker, I thank my good friend for his outstanding statement 
and for pointing out the hypocrisy of the Durban conference, especially 
in leaving out some of these egregious violators and, as he pointed 
out, focusing on the state of Israel. I want to thank him for that 
statement and for his support for that bill.

[[Page 16482]]

  Madam Speaker, I yield 5 minutes to the gentleman from Virginia (Mr. 
Tom Davis).
  Mr. TOM DAVIS of Virginia. Madam Speaker, I rise today in support of 
H.R. 2833, the Viet Nam Human Rights Act of 2001.
  As an original co-sponsor of this landmark legislation, I believe 
passage of the Viet Nam Human Rights Act will send a strong message to 
the Hanoi regime and to its victims that expansion of trade relations 
does not imply approval of or complacency about the continuing pattern 
of severe human rights violations in Vietnam.
  As an ardent supporter of human rights and a strong proponent of free 
trade, I want to stress that the Viet Nam Human Rights Act is about 
aid, not trade. This legislation sends a clear message to Hanoi, and 
also to other interested observers including the Vietnamese-American 
community, that the U.S. is serious about our commitment to the 
principles of free speech, freedom of expression, and the freedom of 
religious exercise.
  As a founding member of the Congressional Dialogue on Viet Nam and a 
member of the Congressional Human Rights Caucus, I am acutely aware of 
the Vietnamese government's human rights violations, including 
religious persecution and indefinite criminal sentences for political 
prisoners.
  On May 12 of this year, I attended a hearing which addressed the 
issue or religious suppression and persecution in Vietnam. My 
colleagues and I heard testimony from many religious Vietnamese-
American leaders who shared their perspectives on this important issue. 
Many of them had suffered personally at the hands of the Vietnamese 
government. In July, I sent a letter to Secretary of State Colin Powell 
before he went to Vietnam, asking him to raise these very issues with 
the government.
  This legislation sets a framework for an honest and detailed 
assessment of the human rights situation in Vietnam. It accurately 
identifies violations by the Vietnamese government against the rights 
of the Vietnamese people to exercise their freedom of expression, 
association, and religion, and the rights of workers, as well as 
persecution of religious figures and ethnic minorities including the 
Montagnards and other people associated with the U.S. prior to 1975.
  In addition, H.R. 2833 summarizes the history of U.S. policy towards 
Vietnamese refugees and of normalization of U.S.-Vietnam diplomatic and 
trade relations. This legislation concludes that Congress and the 
American people are united in their belief that expansion of trade 
relations should not and must not be construed as approval of or 
ignorance about the Vietnamese government's human rights violations. 
Furthermore, we, the government and the American people, seriously 
believe that the promotion of freedom and democracy must be central to 
U.S. foreign policy.
  This legislation makes conditional any increases in foreign 
assistance, other than humanitarian assistance, to the Vietnamese 
government on a finding by the President that they have made 
substantial progress toward meeting certain human rights benchmarks, 
which include the release of all political and religious prisoners from 
all forms of detention including imprisonment and house arrest; respect 
by the Vietnamese government towards the right to freedom of religion, 
including the right to participate in religious organizations not 
connected to the Vietnamese government; respect for the rights of 
members of ethnic minority groups in the Central Highlands and 
elsewhere; and an end to government complicity in severe forms of 
trafficking in human beings, in particular, women and children.
  This bill will also require an enforcement of a provision of a 
current law designed to withhold non-humanitarian loans and other 
extensions of funds from international financial institutions to 
governments that consistently commit gross violations of fundamental 
human rights.
  This legislation will help to actively promote freedom and democracy 
in Vietnam by authorizing assistance to nongovernmental organizations 
committed to encouraging and advancing these principles in Vietnam.
  Additionally, this legislation declares it to be the policy of the 
United States to take such measures as are necessary to overcome the 
jamming of Radio Free Asia by the Vietnamese government. It requires 
periodic reports on efforts by the U.S. government to secure 
transmission sites for Radio Free Asia in countries near Vietnam. It 
also authorizes additional funding to enhance transmission facilities 
in order to overcome jamming.
  This bill seeks to ensure that U.S. educational and cultural exchange 
programs promote American values. It requires the U.S. State Department 
to take steps to make sure that U.S. cultural and exchange programs are 
open to people who share our values, not just Vietnamese government and 
Communist Party officials and persons close to them.
  Finally, this bill would declare it to be the policy of the United 
States to offer refugee resettlement to residents of Vietnam who met 
the statutory criteria for the Orderly Departure Program and other 
refugee programs, but who were incorrectly deemed ineligible for such 
programs or who, for reasons beyond their own control including but not 
limited to inability to pay bribes demanded by Vietnamese government 
officials, were denied access to U.S. programs in time for deadlines 
imposed by State Department officials. This legislation also requires 
the State Department to report on what steps it has taken to provide 
such persons with access to U.S. refugee resettlement.
  This bill does not affect any form of humanitarian assistance, nor 
does it limit assistance that is provided through nongovernmental 
organizations. Essentially, the Viet Nam Human Rights Act will require 
the Vietnamese government to make substantial progress towards the 
release of political and religious prisoners, and an end to religious 
persecution, respect for the rights of ethnic minorities, and 
elimination of trafficking in human beings before receiving any further 
increases in government-to-government U.S. aid. It is my strong belief 
that this is the least we can do for all those being oppressed by the 
Communist Government.
  For these reasons, I urge all of my colleagues to support H.R. 2833 
so that we can hold the Vietnamese government accountable for the human 
rights abuses committed by their regimes and hopefully bring justice to 
the Vietnamese people.
  I commend the gentleman from New Jersey (Mr. Smith) and his staff for 
their hard work and commitment in bringing attention to this important 
issue.
  Mr. LANTOS. Madam Speaker, I yield as much time as she may consume to 
the gentlewoman from California (Ms. Lofgren) who has been a persistent 
and outspoken champion of human rights.
  Ms. LOFGREN. Madam Speaker, I rise in strong support of 2833, the 
Viet Nam Human Rights Act, a resolution to promote democracy and 
freedom in Vietnam.
  Madam Speaker, last weekend many of us were celebrating Labor Day 
with our constituents and families honoring our country's proud 
traditions of democracy and freedom. But last weekend in Da Nang, 
Vietnam, a 61-year-old monk set himself on fire in protest of the 
communist authorities' repression of religious freedoms.
  Before his death, Ank wrote letters to the U.N. Human Rights 
Commission, the Human Rights Commission of the European Union and other 
international groups, stating simply, ``I have decided that the only 
way I can protest is by setting my body on fire to denounce repression 
against the UBCV and all other religions.''
  I have with me the Declaration of Vietnamese Priests Abroad, an open 
letter to the international community condemning the vicious repression 
of religious and other basic human rights in Vietnam. This letter, 
dated August 15, was signed by 144 Catholic priests worldwide and calls 
upon ``freedom-loving governments to defend the values of human rights 
which are being trampled on in Vietnam.''

[[Page 16483]]

  Madam Speaker, I include the letter for the Record.

                Declaration of Vietnamese Priests Abroad

       We, the undersigned Vietnamese priests abroad, want to 
     express our great concern about the present urgent situation 
     of Vietnam's religious life in general, and the life of the 
     Vietnamese Catholic Church in particular.
       Though living and serving away from the Fatherland, we as 
     Vietnamese and as priests remain attached to our people and 
     country. We always pray for our people to be truly free and 
     for our country to be prosperous, in which every Vietnamese 
     is loved and respected in accordance with his or her human 
     dignity.
       As for religious life in Vietnam, we are convinced that 
     religious freedom is absolutely a basic and spiritual need 
     for man and society. For the future of Vietnam, religious 
     freedom is not only a legitimate demand but also a matter of 
     human rights that needs to be urgently solved. Vietnam will 
     lose an opportunity to create a bright future if the 
     Vietnamese people do not have true religious freedom. The 
     history of Vietnam has proved that religious life is strongly 
     tied with the destiny of the people. Once religion is free, 
     society will be peaceful and healthy and a human development 
     will be secured for the country.
       It is unfortunate for the Vietnamese people that what is 
     happening in our country increasingly proves that religion is 
     at risk of being used as an instrument by the Vietnamese 
     Communist Government and enslaved by it to the point of dying 
     away in the end. Using this as its strategy involves 
     agonizing policies of the legal system (especially the 
     procedure of begging the government permission and policies 
     of discrimination), unreasonable administrative system, 
     ``divide and conquer'' causing division among leaders of the 
     same religion, etc. All of these aim to deprive religious 
     belief of sacred values and to render it meaningless and 
     finally useless. Religious freedom in Vietnam is being 
     distorted and trampled brutally and shamelessly by the 
     Vietnamese Communist Government. The present conditions of 
     society are unstable and only conducive to bribery and power 
     abuse at all levels. In the face of these great social 
     problems, religious organizations do not have a right to 
     truly speak out. If they say anything, they must espouse the 
     policies of the government.
       Concerning the Vietnamese Catholic Church, we are in one 
     accord with the pastoral approach of the Vietnamese Episcopal 
     Conference as stated in the Joint Letter May 1, 1980: ``To 
     live the Gospel in the midst of the people.'' It is also for 
     the sake of living the Gospel in the midst of the people that 
     we cannot fail to share the common concern of our people as 
     stated in the above observations.
       In the spirit of those observations, we, the undersigned 
     Vietnamese priests abroad, want to declare our position 
     regarding several urgent issues of the present situation of 
     religions in Vietnam as follows:
       1. We fervently support the spirit of self-engagement of 
     Reverend Thaddeus Nguyean-Vaen-Lyu, a Catholic priest of the 
     Archdiocese of Huea, and his demands regarding true religious 
     freedom. At the same time, we also support other religious 
     leaders' legitimate demands regarding religious freedom. We 
     demand that the Vietnamese Communist Government guarantee 
     religious leaders' safety and security and their right to 
     freely exercise religious duties.
       2. We demand the Vietnamese Communist Government, for the 
     sake of the future of our people and country, bring to an end 
     religious persecution and insidious and malicious strategy, 
     which is ordered to use religions in Vietnam as instruments 
     leading to their destruction.
       3. We call freedom loving governments and international 
     human rights organizations to defend the values of human 
     rights, which are being trampled on in Vietnam, especially 
     the right to religious freedom according to the Universal 
     Declaration of Human Rights.
       Declared in Washington, D.C.
       On the Fifteenth of August, 2001.
       Solemnity of the Assumption of the Blessed Virgin Mary, 
     Body and Soul, into Heaven.
       Signed by the following Vietnamese priests abroad:

     Rev. Msgr. Dominic Mai-Thanh-Loong, Archdiocese of New 
         Orleans, USA
     Rev. Joseph Ninh-Coang-Huyfnh, Archdiocese of Philadelphia, 
         USA
     Rev. Peter Nguyean-Thanh-Long, Archdiocese of Washington, USA
     Rev. Joachim Traan-Quyu-Thiean, Diocese of Arlington, USA
     Rev. Andrew Nguyean-Hoou-Lea, Diocese of Auckland, New 
         Zealand
     Rev. Paul Traan-Xuaan-Taam, Archdiocese of Washington, USA
     Rev. Joseph Traan-Kim-Thiean, Archdiocese of Philadelphia, 
         USA
     Rev. Vincent Nguyean-Hoou-Dui, O.P. Canada
     Rev. John Ninh-Xuaan-Minh, Diocese of Mainz, Germany
     Rev. Joseph Phaim-Xuaan-Thaeng, Diocese of Richmond, 
         Virginia, USA
     Rev. Joseph Nguyean-Phuu-An, Diocese of Camden, New Jersey, 
         USA
     Rev. Joseph Toang-Thiean-Liean, Diocese of Dallas, Texas, USA
     Rev. Joseph Phaim-Thanh-Loong, Diocese of Camden, New Jersey, 
         USA
     Rev. Joseph Traan-Vaen-Huaan, Archdiocese of San Antonio, 
         Texas, USA
     Rev. Vincent Kim-Vaen-Toan, Diocese of Hamilton, Ontario, 
         Canada
     Rev. Anthony Ngoa-Kim-Traing, Diocese of Richmond, Virginia, 
         USA
     Rev. Dominic Vuo-Ngoic-An, Archdiocese of Washington, USA
     Rev. Peter Phaim-Vaen-Chinh, Diocese of St. Petersburg, 
         Florida, USA
     Rev. Joseph Phaim-Vaen-Tuea, Archdiocese of New Orleans, 
         Louisiana, USA
     Rev. John Baptist Nguyean-Hufng-Laan, O.F.M., Diocese of 
         Bruxelles, Belgium
     Rev. Matthias Vuo-Ngoic-Naung, Diocese of San Jose, 
         California, USA
     Rev. Peter Ninh-Ngoic-Quea, C.Ss.R., Archdiocese of Los 
         Angeles, USA
     Rev. Alphonsus Nguyean-Hoa-Naenh, Diocese of Pontoise, France
     Rev. Vincent Phan-Hoou-Tofa, Archdiocese of Mobile, Alabama, 
         USA
     Rev. John Vuo-Haan, Ardchdiocese of New Orleans, Louisiana, 
         USA
     Rev. Peter Phan-Phaut-Huoan, C.Ss.R., Archdiocese of Los 
         Angeles, USA
     Rev. John Nguyean-Thafnh-Chung, Archdiocese of Philadelphia, 
         Pennsylvania, USA
     Rev. Joseph Phaim-Mainh-Coofng, Diocese of Camden, New 
         Jersey, USA
     Rev. Joachim Nguyean-Dao-Kim, Diocese of Galveston-Houston, 
         Texas, USA
     Rev. Joseph Hoafng-Minh-Thaeng, Archdiocese of Rome, Italy
     Rev. Vincent Nguyean-Vaen-Kiean, Diocese of Honolou, USA
     Rev. Peter Nguyean-Vaen-Hufng, S.S.C., Taiwan
     Rev. Alexis Noafn-Quang-Troofng, Diocese of Hsinchu, Taiwan
     Rev. Peter Nguyean-Hufng-Coofng, M.M., New York, USA
     Rev. Joachim Vuo-Ninh-Thoan, Diocese of Chiayi, Taiwan
     Rev. Joseph Nguyean-Minh-Chinh, Archdiocese of Taipei, Taiwan
     Rev. Andrew Traan-Cao-Toofng, Archdiocese of New Orleans, 
         Louisiana, USA
     Rev. Joseph Nguyean-Thea-Quang, Archdiocese of Birmingham, 
         London, England
     Rev. Anthony Traan-Hoou-Laan, Archdiocese of Seattle, 
         Washington, USA
     Rev. Joseph Ngoa-Quang-Nonh, Archdiocese of Tokyo, Japan
     Rev. Christopher Lea-Huy-Baung, C.Ss.R., Houston, Texas, USA
     Rev. Joseph Mai-Thafnh-Haan, Archdiocese of Brisbane, 
         Queensland, Australia
     Rev. John Traan-Ngoic-Bich, C.Ss.R., Diocese of Tucson, 
         Arizona, USA
     Rev. Joseph Noafn-Huy-Choong, Diocese of Galveston-Houston, 
         Texas, USA
     Rev. Paul Chu-Vaen-Chi, Archdiocese of Sydney, Australia
     Rev. Dominic Nguyea-Vaen-Noai, Archdiocese of Sydney, 
         Australia
     Rev. Canut Nguyean-Thaui-Hoaich, Archdiocese of Sydney, 
         Australia
     Rev. Joachim Noafn-So-Thuic, Archdiocese of Sydney, Veritas 
         Radio, Philippines
     Rev. Joseph Vuo-Minh-Nguyean, Archdiocese of Sydney, 
         Australia
     Rev. Dominic Mai-Minh-Luaan, Diocese of Springfield Cape 
         Girardeau, USA
     Rev. Joseph Chu-Coang, O.Cist., Diocese of Worcester, 
         Massachusetts, USA
     Rev. Joachim Nguyean-Ninh-Nafm, Diocese of Pittsburgh, 
         Pennsylvania, USA
     Rev. Joseph Vuo-Xuaan-Troofng, Diocese of Brooklyn, New York, 
         USA
     Rev. Joseph Lea-Phuing, C.Ss.R., Diocese of Galveston-
         Houston, Texas, USA
     Rev. Paul Lea-Anh-Voong, S.V.D., Diocese of San Bernadino, 
         California, USA
     Rev. Anthony Traan-Tri-Tuea, Diocese of Hsinchu, Taiwan
     Rev. Thomas No-Minh-Taam, Diocese of St. Paul-Minneapolis, 
         Minnesota, USA
     Rev. Mark Noafn-Quang-Bauu, C.M.C., Archdiocese of Boston, 
         Massachusetts, USA
     Rev. Peter Vuo, Diocese of Grand Rapids, Michigan, USA
     Rev. Michael Nguyean-Linh-Ghi, Diocese of Chiayi, Taiwan
     Rev. Joseph Troong-Vaen-Phuuc, Diocese of Hsinchu, Taiwan;
     Rev. Peter Lea-Vaen-Quaung, Diocese of Hsinchu, Taiwan
     Rev. Dominic Ninh-Duy-Khieam, Diocese of Tulsa, Oklahoma, USA
     Rev. Joseph Nafo-Vaen-Nhoofng, Archdiocese of Safi Gofn, 
         Retired, Louisiana, USA
     Rev. Peter Lea-Thanh-Quang, Diocese of Little Rock, Arkansas, 
         USA
     Rev. Peter Nguyean-Thanh-Baeng, Incarnational Consecration 
         (Hereafter: I.C.), Archdiocese of New Orleans, USA
     Rev. Francis Nguyean-Vaen-Hofa, Archdiocese of Oklahoma, USA
     Rev. Vincent Traan Ninh-Phuuc-Quyu, Archdiocese of New 
         Orleans, Louisiana, USA
     Rev. Louis Nguyean-Haau, C.Ss.R., Archdiocese of Paris, 
         France
     Rev. John Nguyean-Kim-Ngoan, Diocese of Meaux, Paris, France
     Rev. Joseph Vuo-Ngoic-Chaau, Archdiocese of Taipei, Taiwan
     Rev. Peter Doong-Bau-Hoait, Diocese of Chiaya, Taiwan
     Rev. Vincent Traan-Quang-Nieam, Diocese of Orange, 
         California, USA

[[Page 16484]]

     Rev. Joseph Chaau-Xuaan-Bauu, C.Ss.R., Diocese of Dallas, 
         Texas, USA
     Rev. Joseph Nguyean-Vaen-Thaui, Archdiocese of Chicago, 
         Illinois, USA
     Rev. Peter Nguyean-Ninh-Nea, Diocese of San Jose, California, 
         USA
     Rev. Paul Phaim-Vaen-Hoai, Diocese of Orange, California, USA
     Rev. Joseph Nguyean-Coang-Hoaun, Diocese of Fresno, 
         California, USA
     Rev. Philip Nguyeaan-Vaen-Hieau, Diocese of Sioux City, Iowa, 
         USA
     Rev. Peter Noa-Quang-Chaau, Diocese of Nashville, Tennessee, 
         USA
     Rev. Philip Ninh-Vaen-Thieap, Diocese of Green Bay, 
         Wisconsin, USA
     Rev. Joseph Nguyean-Duy-Hufng, Diocese of Stockton, 
         California, USA
     Rev. Joseph Phaim-Minh-Vaen, Chaplain for Vietnamese 
         Catholics in Switzerland
     Rev. Joseph Nguyean-Vaan-Son, Diocese of Dallas, Texas, USA
     Rev. Leo Vuo-Huyean, C.M.C., Diocese of San Bernardino, 
         California, USA
     Rev. Peter Traan-Vaen-Troi, S.J., Austraila
     Rev. Augustine Nguyean-Nouc-Thui, S.J. Austraila
     Rev. Joseph Vuo-Moang-Tho, Diocese of Tours, France
     Rev. Maurice Nguyean-Vaen-Danh, O.S.B., Monastery of 
         Buckfast, England
     Rev. Stephen Nguyean-Mainh-Taan, O.F.M., Archdiocese of San 
         Francisco, USA
     Rev. Peter Mary Nguyean-Hoou-Hiean, Archdiocese of Tokyo, 
         Japan
     Rev. Andrew Duong-Laic Cao-Duy-Linh, O.F.M., Diocese of 
         Nayoga, Japan
     Rev. John Baptist Nguyean-Vieat-Huy, S.J. Australia
     Rev. Vincent Traan-Vaen-Baeng, Diocese of Bamberg, Germany
     Rev. Peter Hoafng-Kim-Huy, O.S.B., Archdiocese of Hobart, 
         Tasmania, Australia
     Rev. Paul Tai-Thanh-Binh, C.Ss.R., Archdiocese of New 
         Orleans, Lousiana, USA
     Rev. Joseph Phan-Noong, C.Ss.R., Diocese of Oakland, 
         California, USA
     Rev. Joseph Vuo-Ngoic-Thaan, Diocese of Baton Rouge, 
         Louisiana, USA
     Rev. Peter Nguyean-Hufng-Nouc, Diocese of Sioux City, Iowa, 
         USA
     Rev. Paul Nguyean-Hufng-Coofng, S.V.D., Iowa, USA
     Rev. Joseph Vuo-Thafnh, Diocese of Galveston-Houston, Texas, 
         USA
     Rev. Louis Vuo-Laam, Diocese of Lafayette, Louisiana, USA
     Rev. Francis Xavier Nguyean-Trung-Duong, Diocese of Nagasaki, 
         Japan
     Rev. Joseph Cao-Phoong-Kyu, Diocese of Honolulu, Hawaii, USA
     Rev. Dominic Nguyean-Vaen-Hauo, Diocese of St. Jean 
         Longueuil, Canada
     Rev. Peter Ngoa-Ninh-Thoua, C.Ss.R., Archdiocese of Los 
         Angeles, USA
     Rev. Joseph Noang-Vaen-Vinh, Archdiocese of Perth, Australia
     Rev. Andrew Phaim-Quang-Phong, Diocese of Grand Rapids, 
         Michigan, USA
     Rev. Joseph Traan-Minh-Nhaat, Archdiocese of Perth, Australia
     Rev. Stephen Bufi-Thooing-Lou, Diocese of Rottenburg-
         Stuttgart, Germany
     Rev. Joseph Vuo-Nouc, Archdiocese for the Military Services, 
         USA
     Rev. Michael Joseph Nguyean-Ngoic-Vinh, Archdiocese of New 
         Orleans, USA
     Rev. Joseph Vuo-Nauo, S.V.D., Indiana, USA
     Rev. Joseph Traan-Thea-Maan, Archdiocese of New Orleans, USA
     Rev. Joseph Nguyean-Chinh, Archdiocese of Boston, 
         Massachusetts, USA
     Rev. Francis Bufi-Quyeat, Diocese of Houma-Thibodaux, 
         Louisiana, USA
     Rev. John Baptist Nguyean-Vaen-Hiean, Diocese of Long Island, 
         New York, USA
     Rev. Peter Mary Bufi-Coang-Minh, Diocese of Orange, 
         California, USA
     Rev. Joseph Ninh-Xuaan-Long, Diocese of Charlotte, North 
         Carolina, USA
     Rev. Peter Traan-Niean, Retired, Carthage, Missouri, USA
     Rev. Joseph Nguyean-Nouc-Duong, Archdiocese of Hartford, 
         Connecticut, USA
     Rev. Joseph Noa-Bau-AUi, Wyoming, Michigan, USA
     Rev. Jerome Nguyean-Thanh-Laam, O.S.B., Carthage, Missouri, 
         USA
     Rev. Peter Nguyean-Vaen-Phong, (Society of the House of the 
         Lord), Diocese of Dallas, Texas, USA
     Rev. Dominic Noa-Duy-Nho, Diocese of Little Rock, Arkansas, 
         USA
     Rev. Peter Traan-Vieat-Hufng, Archdiocese of Newark, New 
         Jersey, USA
     Rev. John Baptist Traan-Vaen-Taan, Diocese of Des Moines, 
         Iowa, USA
     Rev. Anthony Nguyen-Vaen-Noa, Archdiocese of Oklahoma, 
         Oklahoma, USA
     Rev. Peter Traan-Ninh-Thauo, Diocese of Hoalien, Taiwan
     Rev. Joseph Vuo-Xuaan-Minh, Archdiocese of St. Paul and 
         Minneapolis, Minnesota, USA
     Rev. John Bosco Phaim-Trung-Thoic, C.M.C., Archdiocese of 
         Boston, USA
     Rev. Martin Nguyean-Thanh, I.C., Diocese of Baton Rouge, 
         Louisiana, USA
     Rev. Thomas Thiean-Nonh, I.C., Diocese of Baton Rouge, 
         Louisiana, USA
     Rev. Peter Nguyean-Vieat-Taan, I.C., Diocese of Baton Rouge, 
         Louisiana, USA
     Rev. Msgr. Philip Traan-Vaen-Hoafi, Vatican, Rome, Italy
     Rev. Thomas Nguyean-Vaen-Chaunh, Archdiocese of New Orleans, 
         Louisiana, USA
     Rev. Joseph Nguyean-Hufng-Coofng, Diocese of Wichita, Kansas, 
         USA
     Rev. Thomas Noa-Thanh-Haf, Diocese of Orange, California, USA
     Rev. Thomas Nguyean-Xuaan-Toafn, Archdiocese of San 
         Francisco, California, USA
     Rev. Peter Ngoa-Coang-Thaeng, Archdiocese of Los Angeles, 
         California, USA
     Rev. Dominic Ninh-Minh-Haui, C.Ss.R., Diocese of Dallas, 
         Texas, USA
     Rev. Joseph Phaim-Nouc-Khoui, Diocese of Stockton, 
         California, USA
     Rev. Vincent Phaim-Minh-Chaau, S.V.D., Archdiocese of St. 
         Louis, Missouri, USA
     Rev. Joseph Traan Ninh Huynh, S.V.D., Archdiocese of Taipei, 
         Taiwan/R.O.C.
  Madam Speaker, a few months ago the gentleman from Virginia (Mr. Tom 
Davis) and the gentlewoman from California (Ms. Sanchez) and I held a 
hearing on human rights in Vietnam. Several of our invited guests, 
prominent religious leaders in Vietnam, were unable to leave Vietnam to 
give their testimony. As a result of this hearing, the congressional 
dialogue on Vietnam relaunched its Adopt a Voice of Conscience 
campaign. My colleagues and I have been in constant contact with the 
Vietnamese American community and the Department of State about the 
safety of Father Nguyen Van Ly, Venerable Thich Quang Do, and other 
leaders we know are being harassed or detained.
  I invite my colleagues to again join this bipartisan campaign and 
make the release of these prisoners of conscience a prominent issue in 
U.S. policy towards Vietnam.
  The Vietnamese people deserve to live in full freedom. Countless 
brave Vietnamese are currently in prison, under house arrest, or 
suffering other kinds of persecution.
  These ``voices of conscience'' are both our inspiration and our 
responsibility. It is our duty to ensure that those who are courageous 
enough to speak out against injustice have our support and our 
protection.
  Our offices have received hundreds of letters from our Vietnamese 
American constituents, calling upon Congress to pass the Vietnam Human 
Rights Act.
  This bill tells the truth. It does not restrict trade in any way. It 
does not limit humanitarian aid to Vietnam. It remembers by name those 
who have been persecuted because of their beliefs. It is important 
human rights legislation that I am proud to support, and I urge my 
colleagues to do the same.
  Mr. SMITH of New Jersey. Madam Speaker, I yield 4 minutes to the 
gentleman from California (Mr. Rohrabacher).
  Mr. ROHRABACHER. Madam Speaker, I rise in strong support of H.R. 
2833. Let me commend the gentleman from New Jersey (Mr. Smith) and the 
gentleman from California (Mr. Lantos) for the strong leadership they 
have provided. It has been my honor to stand with these two gentlemen 
on numerous occasions on issues dealing with human rights.
  I only wish our other colleagues had the commitment to freedom and 
democracy and human rights that the gentleman from California (Mr. 
Lantos) and the gentleman from New Jersey (Mr. Smith) have because 
America truly could save the world if we had that type of commitment. 
It is up to us to try to reach out to our colleagues, and that is what 
we are doing today.
  The Vietnam Human Rights Act stresses the importance of human rights 
in American policy towards Southeast Asia. During the last 24 hours, 
let us take a look at what has happened. The Vietnamese communists 
understand what is going on with the debate here. In fact, some people 
in Hanoi may understand this debate more than some of our colleagues 
who are not paying attention to this debate right now. They prepared 
for this debate by what? What happened in Vietnam?
  Well, two prominent elderly dissidents were arrested, one simply 
after he applied to set up an anti-corruption body in Vietnam to try to 
deter corruption in Vietnam. Think about that.
  The Vietnamese government, the regime, the dictators in Vietnam, have 
sent us their message. We talk about human rights in Vietnam. They 
start arresting dissidents. The British Broadcasting Corporation 
reports that

[[Page 16485]]

dozens of other dissidents have been called and questioned by police, 
called into the police departments and been given the message. These 
incidents exemplify the reality of what we are voting on today. They 
have verified themselves by their own arrogance the need for us to pass 
a bill concerning human rights in Vietnam.
  During the past 6 years, the United States has normalized relations 
and extended trade subsidies through waivers in the Jackson-Vanik Act, 
and we have a bilateral trade agreement with Communist Vietnam. These 
initiatives by our government have made absolutely no impact on 
promoting democracy and human rights in Vietnam. To paraphrase a song I 
heard as a kid, when will we ever learn. Trying to cozy up and ignore 
the pitfalls and the bad parts of a dictatorial regime, trying to 
ignore the violence and the crimes of gangsters will not make this a 
better world.
  Right now the Hanoi regime is proving that they are as stubborn and 
as brutal as ever in their campaign against Buddhists, Catholics, and 
others. They are proving their very nature by continuing these attacks 
on anyone who believes in religion in Vietnam who has not succumbed to 
the temptation of simply trying to register their church and run their 
church affairs in the way that the government would have them run.
  Finally, we know now of a brutal suppression of the Montagnard hill 
tribes people. These people fought valiantly alongside Americans during 
the war and since then have faced brutal repression; and now that the 
war is long over when these chapters should be closed, the Vietnamese 
Communist Government is reopening this type of repression against the 
Montagnards. I feel a personal obligation for the Montagnards. I was in 
a Montagnard village in 1967, and I believe that my life was a lot 
safer with those Montagnards because they were on the side of the 
United States. It is up to us to be on their side now, and on the side 
of all religious believers throughout the world, especially in Vietnam, 
who are persecuted, and to be on the side of those people who believe 
in democracy throughout the world, especially Vietnam. That is what 
this legislation does.
  Madam Speaker, I would ask my colleagues to join us in supporting it.

                              {time}  1300

  Mr. LANTOS. Madam Speaker, I am delighted to yield as much time as 
she might consume to my good friend and distinguished colleague, the 
gentlewoman from California (Ms. Sanchez).
  Ms. SANCHEZ. Madam Speaker, I thank the gentleman from California 
(Mr. Lantos), my colleague, for being such a defender and proponent of 
human rights, not just in this debate today, but in his recent work 
also when he was in South Africa.
  Madam Speaker, I rise today as a cosponsor and a strong supporter of 
H.R. 2833, which promotes the development of freedom and democracy in 
Vietnam. While the United States should move toward promoting economic 
relations with Vietnam, we must first address the current human rights 
violations, religious persecution, and the social injustice that is 
faced by so many in that country.
  In our support for the economic revitalization of Vietnam, we cannot 
ignore these basic human rights. We cannot ignore that they go 
unresolved in that country. Although diplomatic and trade relations 
between the United States and Vietnam have improved in recent years, 
very little headway has been made with respect to the rights of people 
in that country.
  Madam Speaker, I have the privilege of representing the largest 
Vietnamese community outside of the country of Vietnam. They are the 
parents, siblings, the children of families who fought communism for 2 
decades.
  The majority of the people that I represent feel that the economic 
relations with Vietnam should not be established until specific 
immigration, political and human rights are addressed; and in this 
debate, I am their voice.
  On their behalf, I support H.R. 2833, which links bilateral, non-
humanitarian aid to Vietnam's progress on human rights. While 
encouraging economic revitalization of Vietnam, it will require a 
climate of freedom and democracy.
  At this point, the Vietnamese Government has not made sufficient 
progress. In fact, in the 4 years, now 5 years that I have been in 
Congress, very little progress has been made.
  When we held a human rights hearing recently on Vietnam with my other 
colleagues, we reviewed the United States State Department records, and 
they reported that the Vietnamese Government has made some change, but 
their human rights record remains poor.
  Moreover, human rights groups report that over the past year the 
Vietnamese Government, in order to avoid international criticism, has 
cracked down on political and religious dissidents by isolating and 
intimidating them through such practices as house arrest and constant 
surveillance rather than imprisoning them.
  In fact, I myself saw some of this while I was in Vietnam this past 
year. I was supposed to meet with six of the leading dissidents on 
human rights in Vietnam. Unfortunately, two were unable to make it 
because of that constant watch and the ability to stop them.
  The four that I did meet with, Professor Nguyen Thanh Giang, General 
Tran Do, Mr. Pham Que Duong and Mr. Hoang Minh Chinh, discussed the 
restrictions. They talked about the rising fear that they have because 
of this government oppressing them in particular as they continue to 
speak out on human rights.
  The Government of Vietnam systematically deprives its citizens of the 
fundamental right to freedom of religion. Numerous respected religious 
leaders, including the Most Venerable Thich Huyen Quang and the Most 
Venerable Thich Quang Do, Father Ly, all of these have been under house 
arrest in the last few years. The Venerable Thich Quang Do, 28 of our 
colleagues in this House and I signed a letter to the Nobel peace prize 
people because of the work he has done on behalf of trying to stop this 
religious persecution.
  The Patriarch of the Unified Buddhist Church, Thich Huyen Quang, has 
been detained for 21 years, 21 years, in a ruined temple, and Thich 
Quang Do has recently been put under house arrest once again simply 
because he wanted to get his colleague to Saigon for medical treatment.
  Contrary to the pretense of the Vietnamese Government that it has no 
political or religious prisoners, many Vietnamese continue to languish 
in prisons because of their beliefs. All they simply do is say they 
broke the law. Well, if the law is to ask for the right to assemble, if 
the law would be the right to free speech, if the law would be the 
right to religious freedom, if it was a right to collective bargaining, 
if it was a right to own the press or speak up in the press, then the 
laws of that country would be correct; but currently all of that is 
deprived these people in Vietnam.
  Madam Speaker, today I will support H.R. 2833 because I believe we 
must keep the pressure on the Government of Vietnam to improve its 
record on religious and human rights.
  It is the United States' responsibility, the world's beacon of 
democracy, to make certain that the Vietnamese Government is making 
sufficient progress with the human rights of their own people before we 
give them concessions with respect to trade normalization.
  I urge my colleagues to join me in keeping the spotlight on the 
Government of Vietnam so that it may improve its political and human 
rights record.
  Vote yes to end that religious persecution. Vote yes to promote free 
speech and democracy. Vote yes on H.R. 2833.
  Mr. SMITH of New Jersey. Madam Speaker, I yield 3 minutes to the 
gentleman from California (Mr. Royce), the distinguished chairman of 
the Subcommittee on Africa of the Committee on International Relations.
  Mr. ROYCE. Madam Speaker, I rise in strong support of the Viet Nam 
Human Rights Act.
  Last year I led a delegation to Vietnam to survey the political, 
social and

[[Page 16486]]

economic situation there in the country. During my trip, I paid a visit 
to the Venerable Thich Quang Do, who was imprisoned there under house 
arrest. He is the leader of the banned Unified Buddhist Church of 
Vietnam. Because of his years of peaceful protest in support of 
religious and political freedom, he has suffered constant harassment, 
constant imprisonment; and even though he was under house arrest and 
under surveillance, Thich Quang Do nevertheless welcomed my visit.
  Because of my private visits with this brave dissident and Le Quang 
Liem, another courageous fighter for freedom, I came to the conclusion 
that we needed frankly to speak out. What was surprising was how 
quickly I was denounced by the government, by the Communist government 
of Vietnam. That told me something. That told me that the Vietnamese 
Government is sensitive to international criticism. And I think this 
obliges the United States to speak out constantly against Vietnam's 
human rights violations. We may not always realize it, but protests by 
the American Government and the American people do help the cause of 
freedom in Vietnam and elsewhere. Silence I think for us, Madam 
Speaker, is not an option.
  However, I am afraid that we as a Nation have been tepid when it 
comes to challenging human rights abuses in Vietnam. Our last 
ambassador to Vietnam even went so far as to say, ``I don't hear anyone 
reporting problems here. Vietnam by any standard has been rated a 
success.'' That is what he said. By no standard is Vietnam a success. 
Just ask those who were forced to flee their country. Just ask those 
who want freedom of speech. Just ask, as I did, Thich Quang Do or Le 
Quang Liem.
  Today is our chance to correct the mistakes of the previous 
administration and to act against human rights abuses in Vietnam. The 
bill before us today is a good one. The legislation links human rights 
as a condition to nonhumanitarian aid to Vietnam, it authorizes 
assistance to democratic forces in Vietnam, and it provides additional 
funding of Radio Free Asia to overcome jamming efforts by the Communist 
government of Vietnam.
  I am particularly supportive of the Radio Free Asia provisions in 
this act, because it should now be more able to bring objective news, 
the truth, to the Vietnamese people. The spread of democratic values in 
Asia is critical to U.S. security interests. Radio Free Asia is a step 
in the right direction. The Vietnamese service airs important programs 
on issues like democracy and press freedoms, and it tells the 
Vietnamese people what the world is saying, what this Congress is 
saying, about their repressive government. It gives critical moral 
support to Thich Quang Do and Le Quang Liem. We know that these 
broadcasts are effective. Why do we know that? Because the Vietnamese 
Government spends so much time trying to block them. With this bill, 
that will be a harder task.
  I urge its passage.
  Mr. LANTOS. Madam Speaker, I am delighted to yield 2 minutes to the 
gentleman from Missouri (Mr. Clay).
  Mr. CLAY. Madam Speaker, let me thank the distinguished gentleman 
from California for yielding the time.
  Today, as we consider improving our relations with the country of 
Vietnam, we must not overlook our longstanding commitment to human 
rights in our global relationships. In recent months, the Government of 
Vietnam has significantly increased its suppression of religious and 
personal freedoms within its borders. The regime has imprisoned scores 
of religious leaders, mostly Christians, who have courageously spoken 
out against their government's repressive actions, and it has caused 
hundreds more to flee into Cambodia to avoid imprisonment. Still other 
Vietnamese religious leaders are currently under government-ordered 
house arrest, effectively cutting off contact with their parishioners 
and congregations.
  In addition to its actions against free expression and religious 
activities, the Vietnamese Government has also confiscated church 
properties, where in some cases they have turned church sanctuaries 
into state-run nightclubs.
  In light of these continued crackdowns on religion, dissidents and 
minorities, Congress must make it clear to the Vietnamese Government 
that in order for the U.S. and Vietnam to have a closer relationship, 
they must do more to improve their human rights record.
  The Viet Nam Human Rights Act, H.R. 2833, seeks to establish such 
human rights safeguards. H.R. 2833 would prohibit any increase in 
nonhumanitarian assistance to the Vietnamese Government unless there is 
clear progress on human rights on their part. It would also authorize 
$2 million to help promote human rights and democratic change within 
Vietnam and support additional Vietnamese refugee resettlement.
  I urge my colleagues to support H.R. 2833.
  Mr. SMITH of New Jersey. Madam Speaker, I ask unanimous consent that 
debate time be extended by 10 minutes, equally divided between the 
gentleman from California (Mr. Lantos) and myself.
  The SPEAKER pro tempore (Mrs. Biggert). Is there objection to the 
request of the gentleman from New Jersey?
  There was no objection.
  Mr. SMITH of New Jersey. Madam Speaker, I yield 3 minutes to the 
gentleman from Illinois (Mr. Hyde), the distinguished chairman of the 
Committee on International Relations, who has been a forceful advocate 
for human rights worldwide, including Vietnam, and is one of the 
cosponsors of this legislation.
  (Mr. HYDE asked and was given permission to revise and extend his 
remarks.)

                              {time}  1315

  Mr. HYDE. Madam Speaker, I thank the gentleman for yielding me time.
  I strongly support H.R. 2833, the Viet Nam Human Rights Act. I want 
to congratulate the gentleman from New Jersey (Mr. Smith), the vice 
chairman of the House Committee on International Relations, and other 
cosponsors of this comprehensive human rights legislation.
  Later this afternoon, the House will consider a resolution to approve 
the U.S.-Vietnam Bilateral Trade Agreement. We are all hopeful that 
free trade will improve the lives of the Vietnamese people and that it 
will eventually create irresistible domestic pressure for human rights 
and democracy in Vietnam. In the meantime, however, the Vietnamese 
Government remains one of the most repressive regimes on Earth. 
Religious persecution, especially of Buddhists and of Evangelical 
Protestants, has taken a turn for the worse during the last year. Since 
February, the government has engaged in a brutal crackdown against 
members of the Montagnard ethnic minority groups who participated in 
peaceful demonstrations seeking the return of their traditional lands.
  I think it is important, therefore, that in expanding trade relations 
we avoid sending a message of approval or complacency about Hanoi's 
human rights record.
  This bill makes clear that progress towards freedom and democracy 
will continue to be a central theme of U.S. foreign policy toward 
Vietnam. It uses forms of leverage other than trade sanctions to 
promote this objective, such as conditions on nonhumanitarian foreign 
assistance, guarantees that U.S. educational and cultural exchange 
programs will be open to people who share our values, and serious 
efforts to overcome the jamming of Radio Free Asia.
  I urge a unanimous vote in favor of this important human rights 
legislation.
  Mr. LANTOS. Madam Speaker, I am delighted to yield such time as she 
may consume to my good friend and colleague, the gentlewoman from Texas 
(Ms. Jackson-Lee), who has been an eloquent champion of human rights 
across the globe.
  Ms. JACKSON-LEE of Texas. Madam Speaker, I thank the distinguished 
gentleman from California for his leadership and the gentleman from New 
Jersey (Mr. Smith) for his leadership on this legislation.

[[Page 16487]]

  Clearly, I believe it is important that those of us who may go in the 
face of adversity on issues that may provide a certain degree of 
contention and tension, that we continue to be united around the 
question of human rights and the right kind of human rights.
  Let me thank the gentleman from New Jersey (Mr. Smith). The gentleman 
helped me out. Although my constituent is still incarcerated in 
Vietnam, we spoke a couple of months ago about the gentleman who simply 
walked across the border because he had a sense of concern. A 
Vietnamese citizen out of Houston walked across the border in Vietnam 
trying to express the desire for political freedom.
  I thank the gentleman for assisting his family, though we know that 
he is still incarcerated and his family, of course, is suffering 
greatly in my community.
  I come here today because I support H.R. 2833 because it is important 
for America to know that Vietnam is our friend. The Vietnamese stood 
alongside of us in the Vietnam War, and those same Vietnamese are now 
here in our country. They are our friends and neighbors. They have 
simply asked us to allow the freedom that they experience in this 
country to be the same kind of freedom that their friends and relatives 
could achieve in Vietnam.
  We are friends of Vietnam. There are many of us who lost good 
relatives and friends in that country. But now, today, this legislation 
is needed, because it simply ties to the funding process a very strong 
statement: no increase in appropriations from the United States of 
America until you address the human rights abuse.
  What do I mean by that? The incarceration of a Catholic priest, who 
simply wanted to include testimony in the U.S. Commission's hearing on 
International Religious Freedom; also the incarceration of the 
cofounder of the Inter-Religious Council, a leader of the banned 
Buddhist church, incarcerated; since 1992, the detaining of the 
Patriarch 82 year old Mr. Nguyen of the Unified Buddhist Church. These 
people are ailing. They are seeking justice, and they are seeking 
freedom.
  Madam Speaker, these individuals are simply an example of those who 
we have lost contact with, who because of their particular views or 
their desire to practice their religion without intimidation, have been 
lost in the prison system of the Vietnamese Government, the present 
Vietnamese Government.
  So I would simply say that the United States has its responsibility 
to ensure that the message of freedom, the opportunity of equality, 
most importantly, human rights and religious freedom, is promoted to 
our friends. And the Vietnamese community here has exhibited for us a 
true partnership. I stand with them in supporting H.R. 2833, thanking 
the gentleman from California (Mr. Lantos) for his leadership and the 
gentleman from New Jersey (Mr. Smith).
  I am hoping and praying that my neighbor, who is still incarcerated, 
leaving his family in financial destitution, can raise his head again 
in dignity and come back home. But if I do not stand for him on the 
floor of the House with this legislation, then I would say to my 
friends and colleagues in this Congress, we do a disservice to those 
who lost their lives and stood alongside of us as brothers as we fought 
for justice and peace in the Vietnam War. That, I consider to be a war 
that was for a just cause, and I will never, never, I will never cease 
thanking those brothers and sisters who served in the Vietnam War from 
the United States of America.
  Madam Speaker, I rise in support of the Vietnam Human Rights Act, HR 
2368.
  Madam Speaker, last year the United States signed a sweeping 
bilateral trade agreement with Vietnam. The World Bank estimates that 
this world increase U.S. imports from Vietnam by $800 million from last 
year--a gain of 60 percent.
  Madam Speaker, the U.S. State Department's year 2000 review of human 
rights in Vietnam noted that Vietnam has made improvements in its human 
rights record. Despite these improvements, the State Department still 
rated Vietnam as ``proof'' overall on human rights. The State 
Department noted that the Vietnam Government continues to repress basic 
political freedoms, is intolerant of dissenting viewpoints, and 
selectively represses the religious rights of its citizens.
  In protest of these practices, I voted to disapprove normal trading 
relations with Vietnam prior to the recess. By doing so, I did not seek 
to disparage the gains Vietnam has made in re-engaging the world. 
Rather, I hoped my vote would cause this body to seek a consistent 
balance between our trade priorities and the principles we use to steer 
this nation. We cannot continue to hold ourselves out as a nation of 
laws and turn our back on our convictions at every economic 
opportunity. Therefore, I am supportive of the provisions of H.R. 2368, 
because it brings promise for human rights reform that is needed in 
Vietnam. This bill establishes a Congressional-Executive Commission on 
Vietnamm to monitor the acts of the Government of Vietnam which reflect 
compliance with or violation of human rights, in particular those 
contained in the International Covenant on Civil and Political Rights 
and in the Universal Declaration of Human Rights, the rule of law in 
Vietnam and the development of U.S. programs and activities and private 
organizations to increase the interchange of people and ideas between 
the United States and Vietnam.
  The bill also prohibits U.S. non-humanitarian assistance to the 
Government of Vietnam unless the President determines and certifies to 
Congress that the Government of Vietnam has complied with certain human 
rights requirements. It directs the Secretary of the Treasury to 
instruct the U.S. Executive Director of specified international 
financial institutions to use the U.S. vote to deny multilateral non-
humanitarian assistance to Vietnam unless the President determines and 
certifies to Congress that such requirements have been met. It 
authorizes U.S. assistance for the support of individuals and 
organizations to promote human rights and nonviolent democratic change 
in Vietnam. It sets forth U.S. policy with respect to overcoming the 
jamming of Radio Free Asia by Vietnam, U.S. educational and cultural 
exchange programs to promote freedom and democracy in Vietnam and the 
offer of refugee resettlement to Vietnam nationals.
  It is crucial that we do whatever is possible to ensure that Vietnamm 
complies with human rights, particularly in connection with its 
guarantee of the freedom of religion, association and expression and 
its treatment of prisoners. I have closely followed the persecution of 
religious leaders, including the Vietnamese government's restriction on 
church activities. I have commended and supported the work of 
courageous individuals such as Catholic priest Father Nguyen Van Ly, a 
champion for religious freedom in Vietnam. For example, Father Ly's 
parish bravely planted a large banner with the words ``We Need Freedom 
or Religion'' on the church property. It should not have to be an act 
of bravery to stand up for religious freedom. It should be an assured 
right. Father Ly also submitted written testimony for hearing of the 
U.S. Commission on International Religious Freedom and joined with 
other religious leaders in Vietnam to organize an Inter-religious 
Council to campaign peacefully for religious rights. In May, Vietnamese 
authorities arrested Father Ly.
  I have also received dozens of letters from Vietnamese constituents 
expressing their own profound concern over the persecution of Father Ly 
and of religious leaders from the Bhuddist Church. I must conclude that 
these concerns of my constituents are representative of those of 
Vietnamese heritage across the nation. More importantly, it is our role 
as leaders of the free world to promote the core values of our human 
rights.
  Mr. SMITH of New Jersey. Madam Speaker, I yield 4 minutes to the 
gentleman from North Carolina (Mr. Ballenger).
  Mr. BALLENGER. Madam Speaker, I thank the gentleman for yielding me 
time, and also the gentleman from California (Mr. Lantos) for coming up 
with this bill.
  Madam Speaker, I am fortunate to have many Montagnard tribesmen 
living in my district, so it is a pleasure today to be able to speak 
out in favor of this bill, H.R. 2833.
  Today, we have an opportunity to send a clear message to Hanoi that 
human rights abuses will not be forgotten with the passage of a 
resolution to codify the trade agreement recently negotiated between 
the U.S. and Vietnam. Vietnam's record on human rights has remained 
poor, with very few real improvements. Government crackdowns on 
religious groups and political dissidents continue today. In a 1999 
State Department report, it said, ``In areas populated by ethnic 
minorities, authorities allow little discretion in practicing their 
faith.''

[[Page 16488]]

  One particular group that bears heavy-handed Hanoi treatment are the 
Montagnard people of the Central Highlands. Since 1975, the Montagnards 
have been singled out, in part for their past assistance to the United 
States, their strong commitment to the Christian religion, and a 
traditional way of life.
  In February of 2001, several thousand Montagnard protestors gathered 
for a series of peaceful demonstrations throughout the Central 
Highlands. These peaceful demonstrations were forcibly stopped by the 
Vietnamese military, using helicopter gunships and tanks. In addition, 
refugees that did escape to Cambodia are being sought now by Hanoi for 
their return and, in some cases, bounties are offered by the Vietnamese 
Government to ensure their return.
  With these events occurring on a daily basis, it is imperative that 
the international community know that the United States remains 
committed to improving the human rights situation in Vietnam. The bill 
we are debating now, H.R. 2833, the Viet Nam Human Rights Act, is a 
positive step forward in that direction.
  I urge my colleagues to support this bill. By passing this 
resolution, we will reaffirm our resolve to help the Montagnards, along 
with other ethnic minorities in the same position. The Montagnards 
fought hard alongside members of the United States Army Special Forces 
in the war in the North. Do not give up the fight for them now.
  I urge all my fellow Congressmen to vote yes on H.R. 2833.
  Mr. SMITH of New Jersey. Madam Speaker, I yield 5 minutes to the 
distinguished gentlewoman from Florida (Ms. Ros-Lehtinen), the 
chairwoman of the Subcommittee on International Operations and Human 
Rights who has been a very potent and strong force on behalf of human 
rights worldwide, but also on behalf of the Vietnamese.
  Ms. ROS-LEHTINEN. Madam Speaker, I thank the gentleman for yielding 
me time.
  Madam Speaker, on behalf of the people of Vietnam who clamor for 
democracy and the right to live free of oppression, on behalf of all 
the faithful and religious leaders who have been imprisoned, tortured 
and subjected to the most barbaric persecution simply for exercising 
their universal rights, as a refugee from another Communist regime, and 
as chairman of the Subcommittee on International Operations and Human 
Rights, I rise in strong support of the Viet Nam Human Rights Act.
  The Vietnamese regime continues to systematically violate the human 
rights, the civil liberties and the religious freedoms of its people. 
In March of this year, the Vietnamese authorities prevented the Hoa Hao 
Buddhist believers from participating in a mass pilgrimage to their 
sacred ground. Key leaders were arrested or their homes surrounded by 
police. Devotees were threatened or detained on their way to visit the 
holy site. Those who were finally able to reach the Hoa Hao village 
were met by police and security officials.
  The extent of the human rights violations and religious persecution 
is so acute that on Tuesday of this week Amnesty International reported 
that a Buddhist monk killed himself as a form of protest for the 
heinous practices used by the Vietnamese authorities to usurp the 
rights of their people to practice their religious beliefs.
  Just last night, Hong Kong AFP reports that a dozen dissidents were 
detained in dawn raids by Vietnamese authorities. After several hours 
of interrogation, they were released with warnings from security police 
to stop their activities.
  Vietnam uses a maze of laws, decrees and regulations to prohibit 
religious worship and to justify the arbitrary arrest, detention, 
harassment, abuse and censorship of those seeking to exert their 
religious liberty and their right to free association.
  Article IV of the Vietnamese constitution, for example, enables the 
security apparatus to enforce an extralegal administrative decree 
against any dissidents under the pretext of endangering national 
security. The regime is among the totalitarian or authoritarian regimes 
specifically rebuked by the State Department in its annual reports on 
religious freedoms and human rights practices.
  Earlier this year, the report issued by the U.S. Commission on 
International Religious Freedom also stated that human rights and 
religious freedoms are ``severely repressed in Vietnam in a manner 
common to Communist countries in general: through arbitrarily enforced 
registration laws, tightly controlled official organizations and strict 
limitations on religious activities.''
  This same commission created by the Congress called on the new 
administration and on us to factor into the development and 
implementation of U.S.-Vietnam policy the protection of religious 
freedom and human rights. It underscored the need for the Congress to 
pressure the Vietnamese authorities to ``make substantial improvements 
in the protection of religious freedoms'' and to ``undertake 
obligations to the United States to make such improvements.''
  It further called on the Congress to incorporate Vietnam's progress 
in the protection and respect of human rights and religious freedoms as 
part of an annual review of the normal trade relation status for 
Vietnam.
  The Viet Nam Human Rights Act is an integral component of such a 
strategy, using nonhumanitarian assistance, democracy programs and U.S. 
Government broadcasts to support the Vietnamese people in their 
struggle to exert their rights as human beings and as citizens. It 
sends a clear signal to the Vietnamese authorities that the U.S. 
Congress is keeping a watchful eye.
  As the wife of a proud Vietnam veteran, I ask my colleagues to 
support this important piece of legislation, and I congratulate the 
gentleman from New Jersey (Chairman Smith) for once again being the 
forceful leader that he is on the issue of international human rights.
  Mr. SMITH of New Jersey. Madam Speaker, I yield myself the balance of 
my time.
  Mr. LANTOS. Madam Speaker, I yield 2 minutes to the gentleman from 
New Jersey.
  Mr. SMITH of New Jersey. Madam Speaker, I thank the gentlewoman from 
Florida (Ms. Ros-Lehtinen) for her kind comments and strong support and 
advocacy for human rights in Vietnam.
  This is an issue, especially with the trade bill pending later on 
this afternoon, where we have to make a strong, cogent statement on 
behalf of those who are persecuted. We must stand with the oppressed 
and not the oppressor. I know some people, and I think it is naive, but 
some people honestly believe if we just engage in trade, somehow that 
will mitigate, and some day end, these egregious abuses. The evidence 
would suggest otherwise.
  Having said that, we have in this legislation some very significant 
milestones that we call upon the Government of Vietnam to achieve. 
Among these are the release of political and religious prisoners, an 
expansion of a provision of religious freedom which allows these 
Buddhist and Evangelical Christians, and so many others being repressed 
at this particular time, to engage freely in the exercise of their 
religion; and stop the repression of ethnic minorities, especially the 
Montagnards, who have suffered a cruelty that many of us would find 
absolutely appalling.
  Finally, on the issue of trafficking, Members may recall I was the 
prime sponsor last year of the Victims of Trafficking and Violence 
Protection Act of 2000. Vietnam has a trafficking problem. There is 
some complicity on the part of the government.

                              {time}  1330

  This bill calls upon our own government to make a finding as to 
whether or not and to what extent the Government's complicity in 
trafficking is real or whether or not there has been progress in ending 
trafficking. Hopefully, for the sake of those who have been abused in 
modern slavery-like conditions, we will see an end to this abuse of 
women and children.

[[Page 16489]]

  Madam Speaker, as we come to a close of the debate on this 
legislation, I want to especially thank my good friend and my former 
staff director on the Subcommittee on International Operations and 
Human Rights which I used to chair, Grover Joseph Rees, who has done an 
extraordinary job in helping to shape this legislation. He has done 
great work getting the facts for all of us. We only deal with facts, no 
hyperbole, no exaggeration. What is the situation on the ground right 
now? What is the prognosis for reform, and how do we get there?
  I want to thank Peter Yeo on the Democratic staff of the Committee on 
International Relations who not only serves the gentleman from 
California (Mr. Lantos) so well, but serves the entire committee so 
well, and I want to thank him for his contributions.
  I want to thank Uyen Dinh, in the office of the gentleman from 
Virginia (Mr. Tom Davis) who weighed in and helped. Also thank to Tom 
Mooney, the staff director of the full International Relations 
Committee, for all the work that he and his staff did. This has been a 
true team effort. This is a bipartisan effort. The government of 
Vietnam should be very clear that we go on record today with the 
support of human rights organizations, the support of the American 
Legion, who submitted an effective letter, which I will include as part 
of the Record, from Steve Robertson, the director of the National 
Legislative Commission of the American Legion.
  I just want to say again how important this legislation is and, 
hopefully, it will pass with a vote as close to unanimous as humanly 
possible.
  Those who vote against this are saying that human rights do not 
matter, because this has a waiver in it. This legislation has a 
provision that gives the President the ability to decide whether or not 
waiving a provision, a sanction, if you will, is in the national 
interest.
  So I strongly support this legislation. It is a bipartisan product.


                                          The American Legion,

                                    Washington, DC, July 24, 2001.
     Hon. Christopher Smith,
     House of Representatives,
     Washington, DC.
       Dear Representative Smith: The American Legion thanks you 
     for authoring H.R. 2368, the Vietnam Human Rights Act of 
     2001. The American Legion fully supports this important 
     legislation which seeks to promote freedom and democracy in 
     Vietnam.
       The American Legion opposes Normal Trade Relations (NTR) 
     with Vietnam based on what we believe is less-than-full 
     cooperation by the Vietnamese government in regard to the 
     accounting of the over 1,900 Americans still missing from the 
     Vietnam War. The current state of human rights in Vietnam 
     requires as much, if not more, attention than normalized 
     trade relations.
       Currently, Vietnamese authorities are targeting many ethnic 
     groups who were faithful allies of U.S. forces during the 
     Vietnam War, and denying them their basic human rights. The 
     Montagnards of the Central Highlands are just one example. We 
     believe H.R. 2368 will help ensure compliance with the 
     International Covenant on Civil and Political Rights and the 
     Universal Declaration of Human Rights by the Vietnamese 
     government.
       Although trade may be increasing between both countries, 
     The American Legion does not believe this will, in any way, 
     guarantee Vietnam's speedy transition to democracy. Continual 
     pressure needs to be applied to the Vietnamese government to 
     treat their citizens in a fair and equitable manner.
       Once again, The American Legion fully supports H.R. 2368, 
     the Vietnam Human Rights Act of 2001. The American Legion 
     appreciates your continued leadership in addressing the 
     issues that are important to veterans and their families.
           Sincerely,
                                               Steve A. Robertson,
                        Director, National Legislative Commission.
  Madam Speaker, I yield any remaining time to the gentleman from 
Virginia (Mr. Wolf).
  Mr. LANTOS. Madam Speaker, I yield such time as he may consume to the 
gentleman from Virginia (Mr. Wolf), my good friend.
  (Mr. WOLF asked and was given permission to revise and extend his 
remarks.)
  Mr. WOLF. Madam Speaker, I rise in strong support of H.R. 2833, the 
Viet Nam Human Rights Act, and I encourage my colleagues, as did the 
gentleman from New Jersey (Mr. Smith) and the gentleman from California 
(Mr. Lantos), to vote for passage of this very important legislation. I 
want to applaud the gentleman from New Jersey, my good friend, for his 
hard work and devotion and dedication in bringing this legislation to 
the floor, and the gentleman from California (Mr. Lantos) for his 
efforts on not only this, but on frankly all of the major important 
human rights issues that we have had before the Congress. I also 
applaud the bipartisan group of colleagues who have cosponsored this 
piece of legislation.
  I would say to the government, is it too much to ask that the 
government of Vietnam be required to make ``substantial progress'' 
toward the releasing of political prisoners, ending religious 
persecution, increasing respect for the rights of ethnic minorities, 
and eliminating their participation in the trafficking of human beings 
before they receive any further increases in government-to-government, 
nonhumanitarian assistance from the United States? These steps should 
be at a minimum, the minimum actions taken by any Nation who is serious 
about establishing normal relations with the United States.
  Madam Speaker, H.R. 2833 requires that the President of the United 
States certify that the government of Vietnam make substantial 
improvements in the area of human rights. Those of us who have held 
hearings and listened to the heartbreaking testimonies of witness after 
witness who have endured the persecution from Hanoi policies know that 
these substantial improvements are long overdue. Witnesses attest that 
many groups of people in Vietnam have suffered unending persecution 
since the war ended in 1975, and the persecution has continued.
  Regarding religious persecution, no faith, no faith is untouched by 
Hanoi's persecution. In January, 42 colleagues in the House sent a 
letter to Vietnamese Prime Minister Phan Van Khai expressing concern 
for the lack of religious freedom and continued persecution of 
religious leaders in Vietnam. Catholic bishops, Buddhist monks, leaders 
of Christian house churches and Muslims have all endured nonstop 
persecution by the Communist government in Vietnam since 1975.
  Earlier this year, prominent leaders of the outlawed Unified Buddhist 
Church of Vietnam, UBCV, the 83-year-old patriarch, Thich Huyen Quang, 
and Thich Quang Do, a Nobel Peace Prize nominee, were detained and 
placed under house arrest for what the government described as ``as a 
number of wrongful acts they have recently committed.'' This action was 
followed by the detaining of Catholic Father Nguyen Van Ly and a 
stepped up offense against the Montagnard people of the Central 
Highlands in Vietnam, as the gentleman from California was talking 
about.
  Many of the Montagnard are people who fought alongside American 
troops years ago and are now victims of imprisonment, torture, and 
death for speaking out against the Communist government abuses. 
Christians in Vietnam have had their property confiscated and their 
leaders imprisoned and tortured for simply trying to worship their God. 
It should be clear that imprisonment, torture, and killing of innocent 
citizens, based on their religious beliefs by any country, will always 
stand in the way of normal relations with the United States.
  Madam Speaker, H.R. 2833 also tries to address the issue of the 
complicity of the Vietnamese government in severe forms of trafficking 
in human beings. In June of this year, the Congressional Human Rights 
Caucus chaired by the gentleman from California (Mr. Lantos), held a 
hearing on the trafficking of women and children into sex markets 
around the world. One of the expert witnesses showed covertly filmed 
negotiations of girls as young as 7 and 8 years old being sold into sex 
markets in Vietnam, 7 and 8 years old. So as Members come pouring in 
down here to talk about the opportunities for trade in Vietnam, think 
in terms of these young girls, 7 and 8 years old. Governments who 
tolerate or participate in this type of cruel and inhumane behavior 
should never qualify, should never qualify for foreign aid or expect to 
enjoy Normal Trade Relations with the United States.

[[Page 16490]]

  It is my hope that the passage of the Viet Nam Human Rights Act will 
send a strong message to the government in Hanoi that continued abuses 
of its citizens will not lead to an expansion of trade, increases in 
aid, or normal relations with the United States or the rest of the Free 
World. I encourage my colleagues to protect the innocent in Vietnam by 
voting for H.R. 2833. I am sure the gentleman from New Jersey and the 
gentleman from California will ask for a rollcall vote on this, I would 
assume. But hopefully, hopefully there will be no negative votes 
against this so that the message goes into Hanoi of the United States 
Congress and the people of the United States Congress, and so that the 
people in Hanoi and the people in Vietnam who will wake up tomorrow and 
find out that the Congress has passed this legislation, take hope 
because of the overwhelming vote.
  So again, in closing, I thank the gentleman from New Jersey (Mr. 
Smith) and the gentleman from California (Mr. Lantos). I hope this bill 
passes with 435 votes or, if there is somebody missing, 434 to nothing, 
because if we really want to open up the gulags of Vietnam and allow 
the Catholic priests and the bishops and the monks and the Montagnard 
people to be heard, and stop the sexual trading that has gone on in the 
past, the passage of this bill will really do it.
  Mr. SMITH of New Jersey. Madam Speaker, will the gentleman yield?
  Mr. WOLF. I yield to the gentleman from New Jersey.
  Mr. SMITH of New Jersey. Madam Speaker, I want to thank the gentleman 
from Virginia (Mr. Wolf), the chairman of the Subcommittee on Commerce, 
Justice, State and the Judiciary, for his very, very strong statement. 
We both got elected back in 1981; and we have worked together on human 
rights issues all around the world, including in Vietnam. It was the 
gentleman's idea years ago to go to a gulag called Perm Camp 35, 1,000 
miles outside of Moscow in the Ural Mountains. There we met with 
political prisoners who had been abused, who had been tortured, and 
that meeting and the subsequent representation that he and I and others 
made--but he led the way on that--helped to secure the freedom of those 
individuals.
  We did the same thing in China and in other places in Asia. He has 
been all over Africa. When he speaks--and he and the gentleman from 
California (Mr. Lantos) speak with enormous amounts of credibility--on 
humanitarianism and respect for human rights and respect for life, the 
gentleman from Virginia (Mr. Wolf), I think, takes a second to no one.
  I do hope Members are listening--and K Street and some of the 
lobbyists, and the government of Vietnam itself, which through its 
embassy has admonished this Congress not to support this legislation. 
Why? I went to their Web site, Madam Speaker, just the other day and 
looked and they had a statement about how religious freedom is 
respected, it is constitutionally protected. Then what do they have to 
worry about? This simply says there has to be ``substantial progress'' 
in that area; we are not even saying achievement. We are saying 
progress; move in the right direction. I would hope that Members would 
find it in their hearts to vote for this and say, we are going to give 
away the store and have free trade with the hope and expectation that 
will lead to a liberalization of human rights. I do believe that is 
naive, but if this is our belief, I do not know how we cannot support 
this legislation. This is waivable. It provides the President, who we 
hope will make an honest determination, to decide whether a waiver is 
in the best interests of the tenets that are contained within this 
legislation.
  Madam Speaker, we want to see real progress. We are tired of words. 
We want deeds by the government of Vietnam. They are repressing people. 
They are beating people. They are killing people. That is not 
hyperbole, that is the truth on the ground. There are religious 
believers such as the Unified Buddhist Church, as we mentioned earlier, 
and others have mentioned it, who have suffered immeasurably simply 
because of their faith. Again, the gentleman from Virginia was the 
prime sponsor of the International Religious Freedom Act, legislation 
that the previous administration did not want and then signed. I hope 
this administration does not follow that course as well. Embrace human 
rights. Be real, transparent, up front.
  Again, I want to thank the gentleman from Virginia (Mr. Wolf) for his 
very, very strong advocacy. He is a champion and someone for whom I 
have a tremendous amount of respect. I hope my colleagues hear these 
words and will support this legislation.
  Mr. LANTOS. Madam Speaker, I yield myself the remaining time.
  I want to thank all of my colleagues for their eloquent statements. 
Earlier this year, under the leadership of the gentleman from Missouri 
(Mr. Gephardt), the Democratic leader in the House, a number of us went 
to Vietnam to see on the ground the development of that country that 
has suffered so much during the long and painful war. We feel for the 
Vietnamese people. They are an enormously talented and hardworking, 
committed people to leading better lives. But we have to stand with 
them, not just in terms of their economic aspirations, but in terms of 
their aspirations along individual and human rights, rights of 
religious freedom, political freedom, press freedom, none of which they 
enjoy at the moment. This legislation attempts to address those issues.
  As we open up our relations with Vietnam, politically and 
economically, it is critical that this body speaks out loud and clear 
on the issue of human rights in Vietnam. I again want to pay tribute to 
the gentleman from New Jersey (Mr. Smith), my friend and colleague, who 
has led us on this issue, and I call on all of my colleagues to vote 
for this legislation.
  Mr. HYDE. Madam Speaker, I submit two letters relating to the 
consideration of H.R. 2833, the ``Viet Nam Human Rights Act.''

                             Committee on International Relations,


                                     House of Representatives,

                                Washington, DC, September 6, 2001.
     Hon. F. James Sensenbrenner, Jr.,
     Chairman, Committee on the Judiciary, House of 
         Representatives, Washington, DC.
       Dear Jim: I am writing to you concerning the bill H.R. 
     2833, the ``Viet Nam Human Rights Act,'' which contains 
     legislative language which may be the subject of a sequential 
     referral of the bill to your committee. From your letter of 
     this date, I understand that you are willing to waive the 
     right to a sequential referral which will permit this 
     committee to move expeditiously to the floor.
       I understand that this waiver in no way affects your 
     subject matter jurisdiction, and I will support appointment 
     of conferees from your committee on these or other related 
     matters within your jurisdiction.
       I appreciate your assistance in this matter.
           Sincerely,
                                                    Henry J. Hyde,
     Chairman.
                                  ____

                                         House of Representatives,


                                   Committee on the Judiciary,

                                Washington, DC, September 6, 2001.
     Hon. Henry J. Hyde
     Chairman, House Committee on International Relations, U.S. 
         House of Representatives, Washington, DC.
       Dear Henry: I write regarding H.R. 2833, the ``Viet Nam 
     Human Rights Act,'' which was referred to the Committee on 
     International Relations, the Committee on Financial Services, 
     and the Committee on Rules. As you know, the Committee on the 
     Judiciary has a jurisdictional interest in this legislation, 
     and I appreciate your acknowledgment of that jurisdictional 
     interest. While the bill would be sequentially referred to 
     the Judiciary Committee, I understand the desire to have this 
     legislation considered expeditiously by the House; therefore, 
     I do not intend to hold a hearing or markup on this 
     legislation.
       In agreeing to waive consideration by our Committee, I 
     would expect you to agree that this procedural route should 
     not be construed to prejudice the Committee on the 
     Judiciary's jurisdictional interest and prerogatives on this 
     or any similar legislation and will not be considered as 
     precedent for consideration of matters of jurisdictional 
     interest to my Committee in the future. The Committee on the 
     Judiciary takes this action with the understanding that the 
     Committee's jurisdiction over the provisions within the 
     Committee's jurisdiction is in no way diminished or altered, 
     and that the committee's right to the appointment of 
     conferees during any conference on the bill is preserved. I 
     would also expect your support in my request to the Speaker 
     for the appointment of conferees from my Committee with 
     respect to matters within the jurisdiction of my Committee 
     should a conference

[[Page 16491]]

     with the Senate be convened on this or similar legislation.
       Again, thank you for your cooperation on this important 
     matter. I would appreciate your including this letter in the 
     Congressional Record during today's debate of H.R. 2833.
           Sincerely,
                                      F. James Sensenbrenner, Jr.,
                                                         Chairman.

  Mr. OXLEY. Madam Speaker, I rise today in strong support of H.R. 
2833, the Viet Nam Human Rights Act. This legislation is an important 
component of our Viet Nam trade policy.
  This bill was additionally referred to the Committee on Financial 
Services, which I chair, because it contains provisions relating to 
international financial institutions and multilateral banking 
organizations. I am including for the record a letter to the Speaker 
memorializing the cooperation between my committee and the Committee on 
International Relations in reaching this important compromise.
  I want to thank the Chairman of the Subcommittee on International 
Monetary Policy and Trade, the gentleman from Nebraska (Mr. Bereuter) 
for his hard work, and Chairman Hyde and Chairman Smith for their 
willingness to engage the Committee on Financial Services on matters 
within its jurisdiction.
  Madam Speaker, I urge all of my colleagues to support this important 
measure.

                                         House of Representatives,


                              Committee on Financial Services,

                                Washington, DC, September 6, 2001.
     Hon. J. Dennis Hastert,
     Speaker, House of Representatives, Washington, DC.
       Dear Mr. Speaker: I am writing with regard to H.R. 2833, 
     the Viet Nam Human Rights Act, which is scheduled to be 
     considered by the House today. This bill is similar to H.R. 
     2368 which was reported by the Committee on International 
     Relations yesterday and additionally referred to the 
     Committee on Financial Services. As you are aware, both bills 
     contain provisions relating to international financial 
     institutions and multilateral banking organizations which 
     fall within the jurisdiction of the Committee on Financial 
     Services pursuant to clause 1(g) of rule X of the Rules of 
     the House of Representatives.
       As a result of the continuing consultation between the 
     Committees on Financial Services and International Relations, 
     H.R. 2833 contains language responsive to the concerns raised 
     by Members of my committee. Therefore, I have no objection to 
     allowing the Committee on financial Services to be discharged 
     from the further consideration of both H.R. 2833 and H.R. 
     2368. By agreeing to waive its consideration of the bill, the 
     Financial Services Committee does not waive its jurisdiction 
     over either measure. In addition, the Committee on Financial 
     Services reserves its authority to seek conferees on any 
     provisions of H.R. 2833 that are within the Financial 
     Services Committee's jurisdiction during any House-Senate 
     conference that may be convened on this or related 
     legislation.
       Thank you for your assistance in this matter.
           Sincerely,
                                                 Michael G. Oxley,
                                                         Chairman.

  Mr. GILMAN. Madam Speaker, I want to commend Chairman Smith for 
crafting this important bill. I also wish to commend Committee Counsel 
Joseph Rees for his excellent work in helping to prepare this 
comprehensive measure.
  Madam Speaker, the Vietnam Human Rights Act is a landmark initiative 
that sets out clear goals and direction for our Nation's policy towards 
Vietnam. It is an example of the sort of policy the State Department 
should be doing with other repressive governments.
  Unfortunately, in the past few years, our government delinked trade 
restrictions to human rights improvement in Vietnam. This action was 
shortsighted and an insult to the memory of these American and 
Vietnamese men and Woman who died during the war attempting to bring 
about positive change. Their sacrifice to promote democratic 
governments in the region must not be forgotten.
  The Vietnam Human Rights Act will ensure that the State Department 
puts our Nation's best foot forward. Accordingly, I strongly urge my 
colleagues to support it.
  Mr. LANTOS. Madam Speaker, I yield back the balance of my time.
  The SPEAKER pro tempore (Mrs. Biggert). All time for debate has 
expired. Pursuant to the order of the House of Wednesday, September 5, 
2001, the previous question is ordered.
  The question is on the engrossment and third reading of the bill.
  The bill was ordered to be engrossed and read a third time, and was 
read the third time.
  The SPEAKER pro tempore. The question is on the passage of the bill.
  The question was taken; and the Speaker pro tempore announced that 
the ayes appeared to have it.
  Mr. SMITH of New Jersey. Madam Speaker, on that I demand the yeas and 
nays.
  The yeas and nays were ordered.
  The vote was taken by electronic device, and there were--yeas 410, 
nays 1, not voting 19, as follows:

                             [Roll No. 335]

                               YEAS--410

     Abercrombie
     Ackerman
     Aderholt
     Akin
     Allen
     Andrews
     Armey
     Baca
     Bachus
     Baird
     Baker
     Baldacci
     Baldwin
     Ballenger
     Barcia
     Barr
     Barrett
     Bartlett
     Barton
     Bass
     Becerra
     Bentsen
     Bereuter
     Berkley
     Berman
     Berry
     Biggert
     Bilirakis
     Bishop
     Blagojevich
     Blumenauer
     Blunt
     Boehlert
     Boehner
     Bonilla
     Bonior
     Bono
     Borski
     Boswell
     Boucher
     Boyd
     Brady (PA)
     Brady (TX)
     Brown (FL)
     Brown (OH)
     Brown (SC)
     Bryant
     Burr
     Burton
     Buyer
     Callahan
     Calvert
     Camp
     Cannon
     Cantor
     Capito
     Capps
     Capuano
     Cardin
     Carson (IN)
     Carson (OK)
     Castle
     Chabot
     Chambliss
     Clay
     Clayton
     Clement
     Clyburn
     Coble
     Collins
     Combest
     Condit
     Cooksey
     Costello
     Cox
     Coyne
     Cramer
     Crenshaw
     Crowley
     Cubin
     Culberson
     Cummings
     Cunningham
     Davis (CA)
     Davis (FL)
     Davis, Jo Ann
     Davis, Tom
     Deal
     DeFazio
     DeGette
     Delahunt
     DeLauro
     DeLay
     DeMint
     Deutsch
     Diaz-Balart
     Dicks
     Dingell
     Doggett
     Dooley
     Doolittle
     Doyle
     Dreier
     Duncan
     Dunn
     Edwards
     Ehlers
     Ehrlich
     Emerson
     Engel
     English
     Eshoo
     Etheridge
     Evans
     Everett
     Farr
     Fattah
     Ferguson
     Filner
     Flake
     Fletcher
     Foley
     Forbes
     Ford
     Fossella
     Frelinghuysen
     Frost
     Gallegly
     Ganske
     Gekas
     Gephardt
     Gibbons
     Gilchrest
     Gilman
     Gonzalez
     Goode
     Goodlatte
     Gordon
     Goss
     Graham
     Granger
     Graves
     Green (TX)
     Green (WI)
     Greenwood
     Grucci
     Gutierrez
     Gutknecht
     Hall (OH)
     Hall (TX)
     Hansen
     Harman
     Hart
     Hastings (WA)
     Hayworth
     Hefley
     Herger
     Hill
     Hilleary
     Hilliard
     Hinchey
     Hinojosa
     Hobson
     Hoeffel
     Hoekstra
     Holden
     Holt
     Honda
     Hooley
     Hostettler
     Houghton
     Hoyer
     Hulshof
     Hunter
     Hyde
     Inslee
     Isakson
     Israel
     Issa
     Istook
     Jackson (IL)
     Jackson-Lee (TX)
     Jefferson
     Jenkins
     John
     Johnson (CT)
     Johnson (IL)
     Johnson, E. B.
     Johnson, Sam
     Jones (OH)
     Kanjorski
     Keller
     Kelly
     Kennedy (MN)
     Kennedy (RI)
     Kerns
     Kildee
     Kilpatrick
     Kind (WI)
     King (NY)
     Kingston
     Kirk
     Kleczka
     Knollenberg
     Kolbe
     Kucinich
     LaFalce
     LaHood
     Lampson
     Langevin
     Lantos
     Largent
     Larsen (WA)
     Larson (CT)
     Latham
     LaTourette
     Leach
     Lee
     Levin
     Lewis (CA)
     Lewis (GA)
     Lewis (KY)
     Linder
     LoBiondo
     Lofgren
     Lowey
     Lucas (KY)
     Lucas (OK)
     Luther
     Maloney (CT)
     Maloney (NY)
     Manzullo
     Markey
     Mascara
     Matheson
     Matsui
     McCarthy (MO)
     McCarthy (NY)
     McCollum
     McCrery
     McDermott
     McGovern
     McHugh
     McInnis
     McIntyre
     McKeon
     McKinney
     McNulty
     Meehan
     Meeks (NY)
     Menendez
     Mica
     Millender-McDonald
     Miller (FL)
     Miller, Gary
     Miller, George
     Mink
     Moore
     Moran (KS)
     Moran (VA)
     Morella
     Murtha
     Myrick
     Nadler
     Napolitano
     Neal
     Nethercutt
     Ney
     Northup
     Norwood
     Nussle
     Oberstar
     Obey
     Olver
     Ortiz
     Osborne
     Ose
     Otter
     Owens
     Pallone
     Pascrell
     Pastor
     Payne
     Pelosi
     Pence
     Peterson (MN)
     Peterson (PA)
     Petri
     Phelps
     Pickering
     Pitts
     Platts
     Pombo
     Pomeroy
     Price (NC)
     Pryce (OH)
     Putnam
     Quinn
     Radanovich
     Rahall
     Ramstad
     Rangel
     Regula
     Rehberg
     Reyes
     Reynolds
     Riley
     Rivers
     Rodriguez
     Roemer
     Rogers (KY)
     Rogers (MI)
     Rohrabacher
     Ros-Lehtinen
     Ross
     Rothman
     Roukema
     Roybal-Allard
     Royce
     Rush
     Ryan (WI)
     Ryun (KS)
     Sabo
     Sanchez
     Sanders
     Sandlin
     Sawyer
     Saxton
     Schaffer
     Schakowsky
     Schiff
     Schrock
     Scott
     Sensenbrenner
     Serrano
     Sessions
     Shadegg
     Shaw
     Shays
     Sherwood
     Shimkus
     Shows
     Shuster
     Simmons
     Simpson
     Skeen
     Skelton
     Slaughter
     Smith (MI)
     Smith (NJ)
     Smith (TX)
     Smith (WA)
     Snyder
     Solis
     Souder
     Spratt
     Stark
     Stearns
     Stenholm
     Strickland
     Stump
     Stupak
     Sununu
     Sweeney
     Tancredo
     Tanner
     Tauscher
     Tauzin
     Taylor (MS)
     Taylor (NC)
     Terry
     Thomas
     Thompson (CA)
     Thompson (MS)
     Thornberry
     Thune
     Thurman
     Tiahrt
     Tiberi
     Tierney
     Toomey
     Towns
     Turner
     Udall (CO)
     Udall (NM)

[[Page 16492]]


     Upton
     Velazquez
     Visclosky
     Vitter
     Walden
     Walsh
     Wamp
     Waters
     Watkins (OK)
     Watson (CA)
     Watt (NC)
     Waxman
     Weiner
     Weldon (FL)
     Weldon (PA)
     Weller
     Wexler
     Whitfield
     Wicker
     Wilson
     Wolf
     Woolsey
     Wu
     Wynn
     Young (FL)

                                NAYS--1

       
     Paul
       

                             NOT VOTING--19

     Conyers
     Crane
     Davis (IL)
     Frank
     Gillmor
     Hastings (FL)
     Hayes
     Horn
     Jones (NC)
     Kaptur
     Lipinski
     Meek (FL)
     Mollohan
     Oxley
     Portman
     Sherman
     Traficant
     Watts (OK)
     Young (AK)

                              {time}  1407

  So the bill was passed.
  The result of the vote was announced as above recorded.
  A motion to reconsider was laid on the table.
  Stated for:
  Mr. WATTS of Oklahoma. Madam Speaker, on rollcall No. 335 I was 
unavoidably detained. Had I been present, I would have voted ``yea''.
  Mr. HAYES. Madam Speaker, I was unable to be present for rollcall 
vote 335 due to my recovery from hip surgery. Had I been present, I 
would have voted ``yea'' on rollcall 335.

                          ____________________