[Congressional Record (Bound Edition), Volume 159 (2013), Part 9]
[House]
[Pages 12813-12818]
[From the U.S. Government Publishing Office, www.gpo.gov]




                              {time}  1945
                    VIETNAM HUMAN RIGHTS ACT OF 2013

  Mr. ROYCE. Madam Speaker, I move to suspend the rules and pass the 
bill (H.R. 1897) to promote freedom and democracy in Vietnam, as 
amended.
  The Clerk read the title of the bill.
  The text of the bill is as follows:

                               H.R. 1897

       Be it enacted by the Senate and House of Representatives of 
     the United States of America in Congress assembled,

     SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

       (a) Short Title.--This Act may be cited as the ``Vietnam 
     Human Rights Act of 2013''.
       (b) Table of Contents.--The table of contents for this Act 
     is as follows:

       Sec. 1. Short title; table of contents.
       Sec. 2. Findings and purpose.
       Sec. 3. Prohibition on increased nonhumanitarian assistance 
           to the Government of Vietnam.
       Sec. 4. United States public diplomacy.
       Sec. 5. United Nations Human Rights Council.
       Sec. 6. Annual report.

     SEC. 2. FINDINGS AND PURPOSE.

       (a) Findings.--Congress finds the following:
       (1) The relationship between the United States and the 
     Socialist Republic of Vietnam has grown substantially since 
     the end of the trade embargo in 1994, with annual trade 
     between the two countries reaching nearly $25,000,000,000 in 
     2012.
       (2) The Government of Vietnam's transition toward greater 
     economic freedom and trade has not been matched by greater 
     political freedom and substantial improvements in basic human 
     rights for Vietnamese citizens, including freedom of 
     religion, expression, association, and assembly.
       (3) The United States Congress agreed to Vietnam becoming 
     an official member of the World Trade Organization in 2006, 
     amidst assurances that the Government of Vietnam was steadily 
     improving its human rights record and would continue to do 
     so.
       (4) Vietnam remains a one-party state, ruled and controlled 
     by the Communist Party of Vietnam (CPV), which continues to 
     deny the right of citizens to change their Government.
       (5) Although in recent years the National Assembly of 
     Vietnam has played an increasingly active role as a forum for 
     highlighting local concerns, corruption, and inefficiency, 
     the National Assembly remains subject to the direction of the 
     CPV and the CPV maintains control over the selection of 
     candidates in national and local elections.
       (6) The Government of Vietnam forbids public challenge to 
     the legitimacy of the one-party state, restricts freedoms of 
     opinion, the press, and association and tightly limits access 
     to the Internet and telecommunication.
       (7) Since Vietnam's accession to the WTO on January 11, 
     2007, the Government of Vietnam arbitrarily arrested and 
     detained numerous individuals for their peaceful advocacy of 
     religious freedom, democracy, and human rights, including 
     Father Nguyen Van Ly, human rights lawyers Nguyen Van Dai, Le 
     Thi Cong Nhan, Cu Huy Ha Vu, and Le Cong Dinh, and bloggers 
     Nguyen Van Hai, Ta Phong Tan, and Le Van Son.
       (8) The Government of Vietnam continues to detain, 
     imprison, place under house arrest, convict, or otherwise 
     restrict persons for the peaceful expression of dissenting 
     political or religious views.
       (9) The Government of Vietnam continues to detain labor 
     leaders and restricts the right to organize independently.
       (10) The Government of Vietnam continues to limit the 
     freedom of religion, restrict the operations of independent 
     religious organizations, and persecute believers whose 
     religious activities the Government regards as a potential 
     threat to its monopoly on power.
       (11) Despite reported progress in church openings and legal 
     registrations of religious venues, the Government of Vietnam 
     has halted most positive actions since the Department of 
     State lifted the ``country of particular concern'' (CPC) 
     designation for Vietnam in November 2006.
       (12) Unregistered ethnic minority Protestant congregations, 
     particularly Montagnards in the Central and Northwest 
     Highlands, suffer severe abuses because of actions by the 
     Government of Vietnam, which have included forced 
     renunciations of faith, arrest and harassment, the 
     withholding of social programs provided for the general 
     population, confiscation and destruction of property, 
     subjection to severe beatings, and reported deaths.
       (13) There has been a pattern of violent responses by the 
     Government to peaceful prayer vigils and demonstrations by 
     Catholics for the return of Government-confiscated church 
     properties. Protesters have been harassed, beaten, and 
     detained and church properties have been destroyed. Catholics 
     also continue to face some restrictions on selection of 
     clergy, the establishment of seminaries and seminary 
     candidates, and individual cases of travel and church 
     registration.
       (14) In May 2010 the village of Con Dau, a Catholic parish 
     in Da Nang, faced escalated violence during a funeral 
     procession as police attempted to prohibit a religious burial 
     in the village cemetery; more than 100 villagers were 
     injured, 62 were arrested, five were tortured, and at least 
     three died.
       (15) The Unified Buddhist Church of Vietnam (UBCV) suffers 
     persecution as the Government of Vietnam continues to 
     restrict contacts and movement of senior UBCV clergy for 
     refusing to join the state-sponsored Buddhist organization, 
     the Government restricts expression and assembly, and the 
     Government continues to harass and threaten UBCV monks, nuns, 
     and youth leaders.
       (16) The Government of Vietnam continues to suppress the 
     activities of other religious adherents, including Cao Dai 
     and Hoa Hao Buddhists who lack official recognition or have 
     chosen not to affiliate with the state-sanctioned groups, 
     including through the use of detention, imprisonment, and 
     strict Government oversight.
       (17) Many Montagnards and others are still serving long 
     prison sentences for their involvement in peaceful 
     demonstrations in 2001, 2002, 2004, and 2008. Montagnards 
     continue to face threats, detention, beatings, forced 
     renunciation of faith, property destruction, restricted 
     movement, and reported deaths at the hands of Government 
     officials.
       (18) Ethnic minority Hmong in Northern Vietnam, the 
     Northwest Highlands, and the Central Highlands of Vietnam 
     also suffer restrictions, confiscation of property, abuses, 
     and persecution by the Government of Vietnam.
       (19) The Government of Vietnam restricts Khmer Krom 
     expression, assembly, and association, has confiscated nearly 
     all the Theravada Buddhist temples, controls all Khmer Kaon 
     Buddhist religious organizations and prohibits most peaceful 
     protests.
       (20) The Government of Vietnam controls nearly all print 
     and electronic media, including access to the Internet, jams 
     the signals of some foreign radio stations, including Radio 
     Free Asia, and has detained and imprisoned individuals who 
     have posted, published, sent, or otherwise distributed 
     democracy-related materials.
       (21) People arrested in Vietnam because of their political 
     or religious affiliations and activities often are not 
     accorded due legal process as they lack full access to 
     lawyers of their choice, may experience closed trials, have 
     often been detained for years without trial, and have been 
     subjected to the use of torture to admit crimes they did not 
     commit or to falsely denounce their own leaders.

[[Page 12814]]

       (22) Vietnam continues to be a source country for the 
     commercial sexual exploitation and forced labor of women and 
     girls, as well as for men and women legally entering into 
     international labor contracts who subsequently face 
     conditions of debt bondage or forced labor, and is a 
     destination country for child trafficking and continues to 
     have internal human trafficking.
       (23) There are many reports of Vietnamese officials and 
     employees participating in, facilitating, condoning, or 
     otherwise being complicit in severe forms of human 
     trafficking.
       (24) United States refugee resettlement programs, including 
     the Humanitarian Resettlement (HR) Program, the Orderly 
     Departure Program (ODP), Resettlement Opportunities for 
     Vietnamese Returnees (ROVR) Program, general resettlement of 
     boat people from refugee camps throughout Southeast Asia, the 
     Amerasian Homecoming Act of 1988, and the Priority One 
     Refugee resettlement category, have helped rescue Vietnamese 
     nationals who have suffered persecution on account of their 
     associations with the United States or, in many cases, 
     because of such associations by their spouses, parents, or 
     other family members, as well as other Vietnamese nationals 
     who have been persecuted because of race, religion, 
     nationality, political opinion, or membership in a particular 
     social group.
       (25) While previous programs have served their purposes 
     well, a significant number of eligible refugees from Vietnam 
     were unfairly denied or excluded, including Amerasians, in 
     some cases by vindictive or corrupt Vietnamese officials who 
     controlled access to the programs, and in others by United 
     States personnel who imposed unduly restrictive 
     interpretations of program criteria. In addition, the 
     Government of Vietnam has denied passports to persons who the 
     United States has found eligible for refugee admission.
       (26) The Government of Vietnam reportedly is detaining tens 
     of thousands of people, with some as young as 12 years old, 
     in government-run drug detention centers and treating them as 
     slave laborers.
       (27) In 2012, over 150,000 people signed an online petition 
     calling on the Administration to not expand trade with 
     communist Vietnam at the expense of human rights.
       (28) Congress has passed numerous resolutions condemning 
     human rights abuses in Vietnam, indicating that although 
     there has been an expansion of relations with the Government 
     of Vietnam, it should not be construed as approval of the 
     ongoing and serious violations of fundamental human rights in 
     Vietnam.
       (b) Purpose.--The purpose of this Act is to promote the 
     development of freedom and democracy in Vietnam.

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

       (a) Assistance.--
       (1) In general.--Except as provided in subsection (b), the 
     Federal Government may not provide nonhumanitarian assistance 
     to the Government of Vietnam during any fiscal year in an 
     amount that exceeds the amount of such assistance provided 
     for fiscal year 2012 unless--
       (A) with respect to the limitation for fiscal year 2014, 
     the President determines and certifies to Congress, not later 
     than 30 days after the date of the enactment of this Act, 
     that the requirements of subparagraphs (A) through (G) of 
     paragraph (2) have been met during the 12-month period ending 
     on the date of the certification; and
       (B) with respect to the limitation for subsequent fiscal 
     years, the President determines and certifies to Congress, in 
     the most recent annual report submitted pursuant to section 
     6, that the requirements of subparagraphs (A) through (G) of 
     paragraph (2) have been met during the 12-month period 
     covered by the report.
       (2) Requirements.--The requirements of this paragraph are 
     the following:
       (A) The Government of Vietnam has made substantial progress 
     toward releasing all political and religious prisoners from 
     imprisonment, house arrest, and other forms of detention.
       (B) The Government of Vietnam has made substantial progress 
     toward--
       (i) respecting the right to freedom of religion, including 
     the right to participate in religious activities and 
     institutions without interference, harassment, or involvement 
     of the Government, for all of Vietnam's diverse religious 
     communities; and
       (ii) returning estates and properties confiscated from the 
     churches and religious communities.
       (C) The Government of Vietnam has made substantial progress 
     toward respecting the right to freedom of expression, 
     assembly, and association, including the release of 
     independent journalists, bloggers, and democracy and labor 
     activists.
       (D) The Government of Vietnam has made substantial progress 
     toward repealing or revising laws that criminalize peaceful 
     dissent, independent media, unsanctioned religious activity, 
     and nonviolent demonstrations and rallies, in accordance with 
     international standards and treaties to which Vietnam is a 
     party.
       (E) The Government of Vietnam has made substantial progress 
     toward allowing Vietnamese nationals free and open access to 
     United States refugee programs.
       (F) The Government of Vietnam has made substantial progress 
     toward respecting the human rights of members of all ethnic 
     and minority groups.
       (G) Neither any official of the Government of Vietnam nor 
     any agency or entity wholly or partly owned by the Government 
     of Vietnam was complicit in a severe form of trafficking in 
     persons, or the Government of Vietnam took all appropriate 
     steps to end any such complicity and hold such official, 
     agency, or entity fully accountable for its conduct.
       (b) Exception.--
       (1) Continuation of assistance in the national interest.--
     Notwithstanding the failure of the Government of Vietnam to 
     meet the requirements of subsection (a)(2), the President may 
     waive the application of subsection (a) for any fiscal year 
     if the President determines that the provision to the 
     Government of Vietnam of increased nonhumanitarian assistance 
     would promote the purpose of this Act or is otherwise in the 
     national interest of the United States.
       (2) Exercise of waiver authority.--The President may 
     exercise the authority under paragraph (1) with respect to--
       (A) all United States nonhumanitarian assistance to 
     Vietnam; or
       (B) one or more programs, projects, or activities of such 
     assistance.
       (c) Definitions.--In this section:
       (1) Nonhumanitarian assistance.--The term ``nonhumanitarian 
     assistance'' means--
       (A) any assistance under the Foreign Assistance Act of 1961 
     (including programs under title IV of chapter 2 of part I of 
     that Act, relating to the Overseas Private Investment 
     Corporation), other than--
       (i) disaster relief assistance, including any assistance 
     under chapter 9 of part I of that Act;
       (ii) assistance which involves the provision of food 
     (including monetization of food) or medicine;
       (iii) assistance for environmental remediation of dioxin-
     contaminated sites and related health activities;
       (iv) assistance for demining and unexploded ordnance (UXO) 
     remediation, and related health and educational activities;
       (v) assistance to combat severe forms of trafficking in 
     persons;
       (vi) assistance to combat pandemic diseases;
       (vii) assistance for refugees; and
       (viii) assistance to combat HIV/AIDS, including any 
     assistance under section 104A of that Act; and
       (B) sales, or financing on any terms, under the Arms Export 
     Control Act.
       (2) Severe form of trafficking in persons.--The term 
     ``severe form of trafficking in persons'' means any activity 
     described in section 103(8) of the Trafficking Victims 
     Protection Act of 2000 (Public Law 106-386 (114 Stat. 1470); 
     22 U.S.C. 7102(8)).
       (d) Effective Date.--This section shall take effect on the 
     date of the enactment of this Act and shall apply with 
     respect to the provision of nonhumanitarian assistance to the 
     Government of Vietnam for fiscal year 2014 and subsequent 
     fiscal years.

     SEC. 4. UNITED STATES PUBLIC DIPLOMACY.

       (a) Radio Free Asia Transmissions to Vietnam.--It is the 
     sense of Congress that the United States should take measures 
     to overcome the jamming of Radio Free Asia by the Government 
     of Vietnam and that the Broadcasting Board of Governors 
     should not cut staffing, funding, or broadcast hours for the 
     Vietnamese language services of the Voice of America and 
     Radio Free Asia, which shall be done without reducing any 
     other broadcast language services.
       (b) United States Educational and Cultural Exchange 
     Programs With Vietnam.--It is the sense of Congress that any 
     programs of educational and cultural exchange between the 
     United States and Vietnam should actively promote progress 
     toward freedom and democracy in Vietnam by providing 
     opportunities to Vietnamese nationals from a wide range of 
     occupations and perspectives to see freedom and democracy in 
     action and, also, by ensuring that Vietnamese nationals who 
     have already demonstrated a commitment to these values are 
     included in such programs.
       (c) United Nations Human Rights Council.--It is the sense 
     of Congress that the Secretary of State should strongly 
     oppose, and encourage other members of the United Nations to 
     oppose, the candidacy of Vietnam for membership on the United 
     Nations Human Rights Council for the term beginning in 2014.

     SEC. 5. RELIGIOUS FREEDOM AND HUMAN TRAFFICKING.

       (a) Country of Particular Concern.--It is the sense of 
     Congress that Vietnam should be designated as a country of 
     particular concern for religious freedom pursuant to section 
     402(b) of the International Religious Freedom Act of 1998 (22 
     U.S.C. 6442(b)).
       (b) Minimum Standards for the Elimination of Human 
     Trafficking.--It is the sense of Congress that the Government 
     of Vietnam does not fully comply with the minimum standards 
     for the elimination of trafficking and is not making 
     significant efforts to bring itself into compliance, and this 
     determination should be reflected in the annual report to 
     Congress required pursuant to

[[Page 12815]]

     section 110(b) of the Trafficking Victims Protection Act of 
     2000 (22 U.S.C. 7107(b)).

     SEC. 6. ANNUAL REPORT.

       (a) In General.--Not later than six months after the date 
     of the enactment of this Act and every 12 months thereafter, 
     the Secretary of State shall submit to Congress a report on 
     the following:
       (1) The determination and certification of the President 
     that the requirements of subparagraphs (A) through (G) of 
     section 3(a)(2) have been met, if applicable.
       (2) If the President has waived the application of section 
     3(a) pursuant to section 3(b) during the reporting period--
       (A) the national interest with respect to which such a 
     waiver was based;
       (B) the amount of increased nonhumanitarian assistance 
     provided to the Government of Vietnam; and
       (C) a description of the type and amount of commensurate 
     assistance provided pursuant to section 3(b)(1).
       (3) Efforts by the United States Government to promote 
     access by the Vietnamese people to Radio Free Asia 
     transmissions.
       (4) Efforts to ensure that programs with Vietnam promote 
     the policy set forth in section 102 of the Human Rights, 
     Refugee, and Other Foreign Policy Provisions Act of 1996 
     regarding participation in programs of educational and 
     cultural exchange.
       (5) Lists of persons believed to be imprisoned, detained, 
     or placed under house arrest, tortured, or otherwise 
     persecuted by the Government of Vietnam due to their pursuit 
     of internationally recognized human rights. In compiling such 
     lists, the Secretary shall exercise appropriate discretion, 
     including concerns regarding the safety and security of, and 
     benefit to, the persons who may be included on the lists and 
     their families. In addition, the Secretary shall include a 
     list of such persons and their families who may qualify for 
     protections under United States refugee programs.
       (6) A description of the development of the rule of law in 
     Vietnam, including--
       (A) progress toward the development of institutions of 
     democratic governance;
       (B) processes by which statutes, regulations, rules, and 
     other legal acts of the Government of Vietnam are developed 
     and become binding within Vietnam;
       (C) the extent to which statutes, regulations, rules, 
     administrative and judicial decisions, and other legal acts 
     of the Government of Vietnam are published and are made 
     accessible to the public;
       (D) the extent to which administrative and judicial 
     decisions are supported by statements of reasons that are 
     based upon written statutes, regulations, rules, and other 
     legal acts of the Government of Vietnam;
       (E) the extent to which individuals are treated equally 
     under the laws of Vietnam without regard to citizenship, 
     race, religion, political opinion, or current or former 
     associations;
       (F) the extent to which administrative and judicial 
     decisions are independent of political pressure or 
     governmental interference and are reviewed by entities of 
     appellate jurisdiction; and
       (G) the extent to which laws in Vietnam are written and 
     administered in ways that are consistent with international 
     human rights standards, including the rights enumerated in 
     the International Covenant on Civil and Political Rights.
       (b) Contacts With Other Organizations.--In preparing the 
     report under subsection (a), the Secretary shall, as 
     appropriate, seek out and maintain contacts with 
     nongovernmental organizations and human rights advocates 
     (including Vietnamese-Americans and human rights advocates in 
     Vietnam), including receiving reports and updates from such 
     organizations and evaluating such reports. The Secretary 
     shall also seek to consult with the United States Commission 
     on International Religious Freedom for appropriate sections 
     of the report.

  The SPEAKER pro tempore. Pursuant to the rule, the gentleman from 
California (Mr. Royce) and the gentleman from New York (Mr. Engel) each 
will control 20 minutes.
  The Chair recognizes the gentleman from California.


                             General Leave

  Mr. ROYCE. Madam Speaker, I ask unanimous consent that all Members 
may have 5 legislative days to revise and extend their remarks.
  The SPEAKER pro tempore. Is there objection to the request of the 
gentleman from California?
  There was no objection.
  Mr. ROYCE. Madam Speaker, I yield myself such time as I might 
consume.
  This bill, which we rise in support of, H.R. 1897, is the Vietnam 
Human Rights Act of 2013, and it is authored by the chairman of the 
Africa, Global Human Rights, and Health Subcommittee, Mr. Chris Smith 
of New Jersey.
  And I thought I would just take a moment and, as a prelude, talk 
about the efforts that Mr. Smith has put in over the years, not just to 
the issue of human rights but, in particular, identifying those most at 
risk, identifying those who are held captive in prison, and taking the 
personal effort to go and try to visit them in these horrible 
conditions which they find themselves in.
  I remember him saying to me once, Can you imagine what it is like for 
someone who's a prisoner, a prisoner because he attempts to speak out 
for some modicum of free speech, or for religious liberty, and he finds 
himself there in confinement, not knowing, when they open that door, 
when they come for you, what they might do to you next, not knowing 
what type of torture might be applied?
  It takes a strong constitution for a Member of this House, year after 
year after year, to continue to go to bat for those who are held in 
captivity, those who are subject to show trials and then disappear. And 
part of his efforts have been to pass this particular legislation 
because he's concerned with the magnitude of what is happening in 
Vietnam, but also what he has seen with his own eyes with respect to 
some of those victims.
  Over the years, the Foreign Affairs Committee has held many hearings 
on this subject, and if these hearings have had one consistent theme, 
it's the deterioration of human rights. And I think this is the thing 
we really find most regrettable: that at a time when we hoped that 
Vietnam might change its policies, it actually has regressed.
  And we've heard from the witnesses of the use of the government by 
government agents, by militias--some call them thugs--who use 
everything from electric batons to metal prods to beat those who are 
demonstrating in Vietnam and who are in the process of speaking up for 
religious liberty or speaking up for the rights of free speech.
  And now it's gotten to the point that any young person who dares to 
blog those words, ``freedom of speech,'' those words, ``democracy,'' 
anyone who publishes material promoting democracy or criticizing 
totalitarian rule, faces so many years in jail. It is so 
disproportionate, it is so ridiculous to put a young person in jail for 
6 or 7 years because they blog on democracy.
  But the thing that I think Chris Smith and I and others here, Eliot 
Engel, find so objectionable is the physical abuse that they are 
subject to in confinement.
  So, as we say, religious freedom is also under attack with freedom of 
speech. Residents of Con Dau, Da Nang, have suffered severe violence. 
I've seen some of the photographs of the consequences of these beatings 
with batons and electric rods during a May assault at the hands, again, 
of Vietnamese Government officials. And again, this was because the 
parishioners attempted to protect their historic Catholic cemetery from 
seizure by the government.
  We have over 350 Montagnard Christians who remain in prison for their 
beliefs, and other religious groups.
  When I was in Vietnam, I talked to the leader of the Unified Buddhist 
Church of Vietnam, the venerable Thich Quang Do, who was under house 
arrest, and Le Quang Liem, another. He was the leader of the Hoa Hao 
Buddhists at the time. He has subsequently, in a protest, been beaten 
so badly I don't think he can carry on a conversation today.
  The Cao Dai Buddhists face severe persecution from the government, 
the communist government there.
  So what brings us here tonight is that Vietnam has actually taken 
steps backwards. As we heard from the witnesses who testified before 
our committee, in the first 6 weeks of this year, 40 dissidents have 
been convicted in show trials, more than all of last year. That's how 
bad things are deteriorating.
  And that means that the communist government is not only eclipsing 
their past bad performance, but, paradoxically, the government is also 
actively pursuing a seat on the U.N. Human Rights Council. That is why 
we need to take this step and why passage of the Vietnam Human Rights 
Act is so important and why we've got to use what

[[Page 12816]]

leverage we have. And part of that leverage is nonhumanitarian U.S. 
assistance to Vietnam. And we do that unless the Vietnamese Government 
improves its respect for human rights to meet specified requirements.
  Let's send a message to that regime that the status quo is 
unacceptable. This bill does that. I strongly urge its passage.
  And once again, I strongly commend and thank its author for his 
perseverance on this issue.
  I reserve the balance of my time.
  Mr. ENGEL. Madam Speaker, I yield myself as much time as I might 
consume.
  Madam Speaker, I rise in strong support of H.R. 1897. I'd like to 
thank the sponsor of this legislation, the gentleman from New Jersey 
(Mr. Smith), and once again thank the chairman of the Foreign Affairs 
Committee, Mr. Royce, for their leadership in advocating for human 
rights in Vietnam.
  Despite Vietnam's transition to a more open economy in recent years, 
political and religious freedoms for the people of Vietnam remain 
severely curtailed.
  Just last week, President Obama hosted the President of Vietnam for a 
visit. I was there for the luncheon at the State Department, and I am 
pleased that he urged the Vietnamese leader to respect freedom of 
expression, freedom of religion, and freedom of assembly. At that very 
luncheon, I sat next to one of the Vietnam ministers and urged the same 
thing to him as well.
  As the United States and Vietnam build a closer and more cooperative 
relationship, we must continue to be candid in calling for more 
progress in protecting the human rights and civil liberties of the 
Vietnamese people.
  I certainly remember the Vietnam war, as I know many of my colleagues 
do, and it seems a bit strange that the United States and Vietnam are, 
in many ways, allied and working together. That's fine. But human 
rights is so important to us, and it's not something we can just sweep 
under the rug.
  This legislation, the Vietnam Human Rights Act of 2013, takes a step 
in the right direction by prohibiting an increase in nonhumanitarian 
assistance to Vietnam above fiscal year 2012 levels unless the 
Government of Vietnam makes significant progress on critical human 
rights issues.
  The bill makes it clear to Vietnam that the only factor limiting U.S. 
aid is positive action by the Vietnamese Government on political, 
human, and religious rights.
  The Government of Vietnam has an important choice to make: Will it 
protect human rights and provide religious and political freedom to its 
citizens, or will it shirk those responsibilities and forsake the 
closer relationship that it wants with the United States?
  Again, I think a closer relationship with Vietnam is something that I 
would like to see. But, you know what? We have principles, and the 
Vietnamese have to respect those principles. We respect them. They need 
to respect us.
  So I urge my colleagues to support this legislation.
  I reserve the balance of my time.
  Mr. ROYCE. Madam Speaker, I yield such time as he may consume to the 
gentleman from New Jersey (Mr. Smith), chairman of the Foreign Affairs 
Subcommittee on Africa, Global Health, Global Human Rights, and 
International Organizations, and the author of this bill.
  Mr. SMITH of New Jersey. Madam Speaker, I want to thank, first of 
all, you for your very kind remarks, but also for moving this 
legislation very swiftly through the full committee, along with Eliot 
Engel's full support, and the chairwoman emeritus, Ileana Ros-Lehtinen. 
Thank you for your steadfast support for human rights, now presiding 
over this session.
  And, Mr. Chairman, I do want to thank you for being a champion on 
behalf of the dissidents, the bloggers, the religious dissidents, 
political and religious in Vietnam, who suffer daily beatings at the 
hands of an increasingly absurd and worsening dictatorship.
  Vietnam is in a race to the bottom with some of the dictatorships 
around the world, including Cuba, including China, Somalia, and other 
places where people's human rights are systematically trashed by the 
regimes.
  I do rise to ask, respectfully, that Members support the Vietnam 
Human Rights Act of 2013. The purpose of this bipartisan legislation is 
simple: to send a clear, strong, and compelling message to the 
increasingly repressive communist regime in power in Vietnam that says 
that the United States is serious about combating human rights abuse in 
Vietnam.
  Underscoring the worsening situation in Vietnam, John Sifton of Human 
Rights Watch testified at a June 4 hearing that I chaired, and he noted 
that ``in the first few months of 2013, more people have been convicted 
in political trials as in the whole of the last year.'' And that has 
only gotten worse as each week passes in Vietnam.
  Reporters Without Borders have put out their numbers, and there's at 
least 35 netizens, bloggers, journalists who write online who have been 
incarcerated by this dictatorship.
  I'll never forget, on one particular trip to Vietnam, I met with Dr. 
Pham Son; I met with his wife. He was in prison. And what was his 
crime? He went on U.S. Embassy Hanoi, took an essay entitled, ``What is 
Democracy?'' translated it, and rebroadcast, resent it out online, and 
for that he got a multi-year sentence in jail.
  I met with his wife, who lived in great fear that they would go after 
her as well. And certainly, when I had dinner with her one night, 
sitting as far away as Chairman Royce, at the next table at a hotel 
were three bully boys from the--three thugs from the secret police of 
Vietnam, very, very visibly standing up and taking pictures to let us 
know that they were watching. Of course, I took their picture as well. 
But that's the kind of intimidation campaign this wonderful wife of a 
dissident was experiencing.
  Boat People at the SOS suggest that there are well over 625 political 
prisoners and religious prisoners, as we meet here tonight, who are 
suffering. And of course that number often goes up. One might be let 
out, two more incarcerated by this dictatorship.
  Madam Speaker, H.R. 1897 is designed to promote the development of 
freedom of democracy in Vietnam. The bill will bring much-needed 
scrutiny to a seriously deteriorating situation. It stipulates that the 
United States can increase nonhumanitarian assistance to Vietnam above 
the 2012 levels only if the President is able to certify that the 
Government of Vietnam has made substantial progress in establishing a 
democracy and promoting human rights, including respecting religious 
freedom and the release of political prisoners and religious prisoners, 
repealing and revising laws that criminalize peaceful dissent, 
respecting human rights of members of all ethnic groups--there's an 
enormous amount of racism in Vietnam, particularly directed at people 
who happen to be Montagnard, and others--taking all appropriate steps, 
including the prosecution of government officials to end government 
complicity in that nefarious practice called human trafficking. There 
are also very clear benchmarks articulated in the legislation.
  Madam Speaker, in the last 4 months alone, on April 11 and June 4, 
I've held two more congressional hearings on this deteriorating 
situation. We heard stories about individuals and groups who are being 
persecuted in a variety of ways. Their testimony confirmed that 
religious, political, and ethnic persecution has worsened, and that 
there is complicity by leadership, by the people who are in the 
Government of Vietnam, in human trafficking.
  The U.S. Commission on International Religious Freedom, in 2013, in 
their report, noted:

       The Government of Vietnam continues to expand control over 
     all religious activities, severely restricting independent 
     religious practice and to repress individuals and religious 
     groups it views as challenging their authority.

                              {time}  2000

  The Commission says very candidly that Vietnam ought to be a country 
of

[[Page 12817]]

particular concern--a CPC designation--pursuant to the International 
Religious Freedom Act of 1998. Unfortunately, that was removed by 
President Bush--a misguided move on his part--in 2006, when it was 
thought that the bilateral trade agreement and the permanent normal 
trading relations might lead to a matriculation from a dictatorship to 
a democracy. Things actually have gotten worse since this government 
got this trade benefit. Rights have suffered and people--real 
casualties--have endured unspeakable hardships.
  Mr. Speaker, on several human rights trips to Vietnam, I have met, as 
has Chairman Royce and other Members--and I know when you meet these 
people you are forever moved--courageous leaders who struggle, 
sacrifice and endure numbing hardships, including torture, to promote 
fundamental human rights in their beloved country. Many of these 
remarkable individuals hail from virtually every denomination of faith, 
whether it be Christian, Falun Gong, or Buddhists, and suffer, again, 
horrifically because of their faith.
  I met with the Venerable Thich Quang Do, under pagoda arrest--a great 
Buddhist leader who has been relegated to his pagoda. He couldn't step 
one foot outside of that pagoda without the secret police rushing in. 
He told me if he took one step out with me to say good-bye, there would 
be an onslaught of these bully boys who would push and shove or 
mistreat him.
  I met with Father Ly when he was under house arrest before being re-
arrested. He was a great democracy activist who was being so callously 
mistreated by this dictatorship. And he is only one of many.
  It is not just the religious leaders in particular or individuals who 
are victimized by the government. Entire communities are also targeted 
by the regime. Mr. Tien Tran testified at our April 11 meeting and told 
my subcommittee of the brutality experienced by the Con Dau Catholic 
Parish, which has been repressed like you can't believe, Mr. Speaker. 
Individuals have been beaten to a pulp. Some have died. And they have 
confiscated their property. So they're kleptomaniacs as well.
  Also, at the April 11 meeting we heard from the sister of a 
Vietnamese woman who was forced to work in a brothel in Russia with 14 
other Vietnamese women. When there was an effort made by the Russian 
Government to liberate those women, it was the Embassy of Vietnam in 
Moscow that tipped off the traffickers--because they were complicit 
with them--to ensure that these women were not liberated but continued 
to be hurt by the traffickers. There was another one dealing with women 
who were trafficked to Jordan. Those officials of the Vietnamese 
Government were complicit in that as well.
  Again, that's only the tip of the iceberg of this terrible complicity 
with heinous crimes against women.
  I think the State Department report on trafficking was a good one, 
but they made a gross exception when it came to Vietnam, and actually 
improved their grade, when the information even in the narrative about 
Vietnam and the TIP report would have suggested otherwise.
  I'm the prime author of the Trafficking Victims Protection Act and 
worked to create those minimum standards. It's appalling that Vietnam 
is not where it ought to be, a Tier 3 country, an egregious violator 
subject to sanctions.
  This will be the fourth time, if this bill passes, Mr. Speaker, that 
we've been able to get the Vietnam Human Rights Act passed. In 2004, 
2007, and last year, 2012, iterations of this bill have gotten over to 
the Senate, only to die through holds and other very non-democratic 
means of suppressing the will of the Senate in working on this bill. I 
hope that changes.
  We have seen a deterioration, as my colleagues and I have all pointed 
out tonight, in the human rights situation in Vietnam. It is time to 
stand with the oppressed people who are yearning to be free in Vietnam 
and to stand up against this dictatorship. It's time to meet with them, 
talk with them, and talk to President Sang, who was here last week to 
meet with President Obama, and lay down very specific benchmarks on 
simple respect for the fundamental liberties of people in Vietnam who 
just yearn to be free and to experience their God-given rights.
  Mr. ENGEL. I yield back the balance of my time.
  Mr. ROYCE. In closing, I, again, want to thank my colleague, Mr. 
Smith from New Jersey, for his dedication to human rights in Vietnam, 
and for human rights in general, and for not only his work on this bill 
but, again, the time and energy that he has put into attempting to 
intervene on behalf of those who have been subject to these beatings 
that he has cited, to this maltreatment, to these long prison terms.
  Last week, we had President Sang of Vietnam visiting Washington for 
the first official visit, I think, since 2007. While we've been assured 
that human rights were on the agenda during these meetings with the 
President and with the State Department, we did all we could to make 
certain that this time they were on the agenda. But I think the 
Vietnamese people need more than talk. And that is why we need to pass 
this legislation. It's a sign to all Vietnamese people that the U.S. is 
committed to the cause of human rights, but it is also leverage that 
can be used to guarantee some measure of attention from the regime.
  This is Congress's chance to speak to those Vietnamese people who are 
yearning for freedom. It's our chance to do so by vocally supporting a 
human rights agenda in Vietnam. We've got to get this back on the 
agenda.
  I strongly urge my colleagues to support this important bill, and I 
yield back the balance of my time.
  Ms. ROS-LEHTINEN. Mr. Speaker, I fully support HR 1897--the Vietnam 
Human Rights Act and I thank my distinguished colleague from the 
Foreign Affairs Committee and champion of human rights--Chris Smith--
for bringing this legislation forward and I am happy to cosponsor this 
bill.
  We all want to see a prosperous, democratic and free Vietnam under 
which all people enjoy equal opportunities and fundamental freedoms.
  This bill prohibits U.S. non-humanitarian assistance to the 
government of Vietnam unless the President certifies to Congress that 
Vietnam has made substantial progress respecting political, media, and 
religious freedoms, minority rights, access to U.S. refugee programs, 
and actions to end trafficking in persons and the release of political 
prisoners.
  I continue to be concerned about the deteriorating human rights 
situation in Vietnam. The United States should stop sending American 
taxpayer money to governments that deny its citizens even the most 
basic human rights. Instead, we should leverage our assistance to push 
these governments into implementing democratic reforms, improving their 
human rights practices and allowing their citizens their fundamental 
rights, and that is what this bill will do.
  My husband Dexter is a Vietnam combat veteran and former Army Ranger 
who was wounded defending the ideals of freedom and democracy--not just 
for Americans, but for all those who seek them. As the leading nation 
of the free world, the United States must stand with the Vietnamese 
people who are being brutally oppressed by their authoritarian 
government so that they may all live in a free and democratic country.
  Ms. LOFGREN. Mr. Speaker, I rise today in support of H.R. 1897, the 
Vietnam Human Rights Act. I am proud to be an original co-sponsor of 
this legislation, and I thank my colleague Mr. Smith for introducing 
it.
  This bill would prohibit any increase in U.S. non-humanitarian 
assistance to Vietnam until substantial progress has been made with 
regard to political and religious freedom for the citizens of Vietnam. 
The bill also expresses the sense of Congress that Vietnam should be 
designated as a Country of Particular Concern for religious freedom, 
and that the government does not meet the minimum standards for the 
elimination of human trafficking. In addition, the bill urges the 
Secretary of State to strongly oppose Vietnam's candidacy for 
membership on the United Nations Human Rights Council.
  I strongly support this bill. Vietnam's record on human rights is 
appalling. The government in Vietnam continues to repress its citizens, 
including peaceful democracy activists, bloggers, and religious 
minorities. Reporters Without Borders ranks Vietnam as 172nd of 179 
countries, only two places above China, and the U.S. Commission on 
International Religious Freedom has once again identified Vietnam as a 
``Tier 1 Country of Particular

[[Page 12818]]

Concern,'' grouping it with nations such as North Korea, Burma, and 
Iran. The Vietnamese government has clearly indicated by its actions 
that it lacks a meaningful commitment to reform. This Congress needs to 
send a message to the government that the status quo is unacceptable, 
and if the Vietnamese government wants to continue to engage with the 
United States, these violations must end. I support this bill, and I 
urge my colleagues to do so as well.
  The SPEAKER pro tempore (Mr. Messer). The question is on the motion 
offered by the gentleman from California (Mr. Royce) that the House 
suspend the rules and pass the bill, H.R. 1897, as amended.
  The question was taken.
  The SPEAKER pro tempore. In the opinion of the Chair, two-thirds 
being in the affirmative, the ayes have it.
  Mr. ROYCE. Mr. Speaker, on that I demand the yeas and nays.
  The yeas and nays were ordered.
  The SPEAKER pro tempore. Pursuant to clause 8 of rule XX, further 
proceedings on this motion will be postponed.

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