Vietnam Human Rights Act of 2013 - Prohibits U.S. nonhumanitarian assistance to the government of Vietnam in excess of FY2012 amounts unless the President certifies to Congress that the government of Vietnam has made substantial progress respecting political, media, and religious freedoms, minority rights, access to U.S. refugee programs, return of confiscated religious estates and property, and actions to end trafficking in persons and the release of political prisoners.
Authorizes the President to waive such requirements if increased U.S. nonhumanitarian assistance would promote the purposes of this Act or is otherwise in the U.S. national interest. Allows the President to waive such authority with respect to: (1) all U.S. nonhumanitarian assistance to Vietnam; or (2) one or more programs, projects, or activities of such assistance.
Expresses the sense of Congress that: (1) the United States should take measures to overcome the jamming of Radio Free Asia by 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; (2) U.S.-Vietnam educational and cultural exchange programs should promote freedom and democracy in Vietnam; (3) the Secretary of State should oppose Vietnam's candidacy for membership on the United Nations Human Rights Council (UNHRC); (4) Vietnam should be designated as a country of particular concern for religious freedom; and (5) 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.
Directs the President to report annually to Congress regarding Vietnam's compliance with the provisions of this Act.
[Congressional Bills 113th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1897 Introduced in House (IH)]
113th CONGRESS
1st Session
H. R. 1897
To promote freedom and democracy in Vietnam.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
May 8, 2013
Mr. Smith of New Jersey (for himself, Mr. Royce, Mr. Wolf, Ms. Lofgren,
and Mr. Lowenthal) introduced the following bill; which was referred to
the Committee on Foreign Affairs
_______________________________________________________________________
A BILL
To promote freedom and democracy in Vietnam.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Vietnam Human
Rights Act of 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.
(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--
(A) 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; and
(B) the Federal Government provides assistance, at
levels commensurate with, or exceeding, any increases
in nonhumanitarian assistance to Vietnam, that
supports--
(i) training about the obligation of the
Government of Vietnam to respect the rights
enumerated in the International Covenant on
Civil and Political Rights;
(ii) noncommercial rule of law programming;
and
(iii) measures to overcome the jamming of
Radio Free Asia by the Government of Vietnam.
(2) Exercise of waiver authority.--The President may
exercise the authority under paragraph (1) with respect to--
(A) all United States nonhumanitarian assistance to
Vietnam; or
(B) one or more programs, projects, or activities
of such assistance.
(c) Definitions.--In this section:
(1) Nonhumanitarian assistance.--The term ``nonhumanitarian
assistance'' means--
(A) any assistance under the Foreign Assistance Act
of 1961 (including programs under title IV of chapter 2
of part I of that Act, relating to the Overseas Private
Investment Corporation), other than--
(i) disaster relief assistance, including
any assistance under chapter 9 of part I of
that Act;
(ii) assistance which involves the
provision of food (including monetization of
food) or medicine;
(iii) assistance for environmental
remediation of dioxin-contaminated sites and
related health activities;
(iv) assistance to combat severe forms of
trafficking in persons;
(v) assistance to combat pandemic diseases;
(vi) assistance for refugees; and
(vii) assistance to combat HIV/AIDS,
including any assistance under section 104A of
that Act; and
(B) sales, or financing on any terms, under the
Arms Export Control Act.
(2) Severe form of trafficking in persons.--The term
``severe form of trafficking in persons'' means any activity
described in section 103(8) of the Trafficking Victims
Protection Act of 2000 (Public Law 106-386 (114 Stat. 1470); 22
U.S.C. 7102(8)).
(d) Effective Date.--This section shall take effect on the date of
the enactment of this Act and shall apply with respect to the provision
of nonhumanitarian assistance to the Government of Vietnam 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 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)(B).
(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.
<all>
Introduced in House
Introduced in House
Referred to the House Committee on Foreign Affairs.
Referred to the Subcommittee on Africa, Global Health, Global Human Rights and International Organizations.
Subcommittee Consideration and Mark-up Session Held.
Forwarded by Subcommittee to Full Committee by Unanimous Consent .
Sponsor introductory remarks on measure. (CR E815-816)
Referred to the Subcommittee on Asia and the Pacific.
Committee Consideration and Mark-up Session Held.
Ordered to be Reported by Unanimous Consent.
Mr. Royce moved to suspend the rules and pass the bill, as amended.
Considered under suspension of the rules. (consideration: CR H5249-5254)
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DEBATE - The House proceeded with forty minutes of debate on H.R. 1897.
At the conclusion of debate, the Yeas and Nays were demanded and ordered. Pursuant to the provisions of clause 8, rule XX, the Chair announced that further proceedings on the motion would be postponed.
Considered as unfinished business. (consideration: CR H5295-5296)
Passed/agreed to in House: On motion to suspend the rules and pass the bill, as amended Agreed to by the Yeas and Nays: (2/3 required): 405 - 3 (Roll no. 435).(text: CR 7/31/2013 H5249-5251)
Roll Call #435 (House)On motion to suspend the rules and pass the bill, as amended Agreed to by the Yeas and Nays: (2/3 required): 405 - 3 (Roll no. 435). (text: CR 7/31/2013 H5249-5251)
Roll Call #435 (House)Motion to reconsider laid on the table Agreed to without objection.
Received in the Senate and Read twice and referred to the Committee on Foreign Relations.