,,ii #aacth ,,congress #ast ,session ,s4 #afdi ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,november #e1 #bjac,mr4 ,boozman 7for himself and ,mr4 ,cornyn7 introduced the following bill2 which was read twice and referred to the ,committee on ,foreign ,relations ,a ,,bill ,to promote freedom and democracy in ,vietnam4 #a4 ,short title2 table of contents 7a7 ,short title ,this ,act may be cited as the ,vietnam ,human ,rights ,act of #bjac4 7b7 ,table of contents ,the table of contents for this ,act is as follows3 ,sec4 #a4 ,short title2 table of contents4,sec4 #b4 ,findings and purpose4,sec4 #c4 ,prohibition on increased nonhumanitarian assistance to the ,government of ,vietnam4,sec4 #d4 ,united ,states public diplomacy4,sec4 #e4 ,united ,nations ,human ,rights ,council4,sec4 #f4 ,annual report4 #b4 ,findings and purpose 7a7 ,findings ,congress finds the following3 7#a7 ,the relationship between the ,united ,states and the ,socialist ,republic of ,vietnam has grown substantially since the end of the trade embargo in #aiid1 with annual trade between the two countries reaching nearly #be1jjj1jjj1jjj in #bjab4 7#b7 ,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 citizens1 including freedom of religion1 expression1 association1 and assembly4 7#c7 ,the ,united ,states ,congress agreed to ,vietnam becoming an official member of the ,world ,trade ,organization in #bjjf1 amidst assurances that the ,government of ,vietnam was steadily improving its human rights record and would continue to do so4 7#d7 ,vietnam remains a one-party state1 ruled and controlled by the ,communist ,party of ,vietnam 7,,cpv71 which continues to deny the right of citizens to change their ,government4 7#e7 ,although in recent years the ,national ,assembly of ,vietnam has played an increasingly active role as a forum for highlighting local concerns1 corruption1 and inefficiency1 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 elections4 7#f7 ,the ,government of ,vietnam forbids public challenge to the legitimacy of the one-party state1 restricts freedoms of opinion1 the press1 and association and tightly limits access to the ,internet and telecommunication4 7#g7 ,since ,vietnam's accession to the ,,wto on ,january #aa1 #bjjg1 the ,government of ,vietnam arbitrarily arrested and detained numerous individuals for their peaceful advocacy of religious freedom1 democracy1 and human rights1 including ,father ,nguyen ,van ,ly1 human rights lawyers ,nguyen ,van ,dai1 ,le ,thi ,cong ,nhan1 ,cu ,huy ,ha ,vu1 and ,le ,cong ,dinh1 and bloggers ,nguyen ,van ,hai1 ,ta ,phong ,tan1 and ,le ,van ,son4 7#h7 ,the ,government of ,vietnam continues to detain1 imprison1 place under house arrest1 convict1 or otherwise restrict persons for the peaceful expression of dissenting political or religious views4 7#i7 ,the ,government of ,vietnam continues to detain labor leaders and restricts the right to organize independently4 7#aj7 ,the ,government of ,vietnam continues to limit the freedom of religion1 restrict the operations of independent religious organizations1 and persecute believers whose religious activities the ,government regards as a potential threat to its monopoly on power4 7#aa7 ,despite reported progress in church openings and legal registrations of religious venues1 the ,government of ,vietnam has halted most positive actions since the ,department of ,state lifted the country of particular concern 7,,cpc7 designation for ,vietnam in ,november #bjjf4 7#ab7 ,unregistered ethnic minority ,protestant congregations1 particularly ,montagnards in the ,central and ,northwest ,highlands1 suffer severe abuses because of actions by the ,government of ,vietnam1 which have included forced renunciations of faith1 arrest and harassment1 the withholding of social programs provided for the general population1 confiscation and destruction of property1 subjection to severe beatings1 and reported deaths4 7#ac7 ,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 properties4 ,protesters have been harassed1 beaten1 and detained and church properties have been destroyed4 ,catholics also continue to face some restrictions on selection of clergy1 the establishment of seminaries and seminary candidates1 and individual cases of travel and church registration4 7#ad7 ,in ,may #bjaj1 the village of ,con ,dau1 a ,catholic parish in ,da ,nang1 faced escalated violence during a funeral procession as police attempted to prohibit a religious burial in the village cemetery2 more than #ajj villagers were injured1 #fb were arrested1 five were tortured1 and at least three died4 7#ae7 ,the ,unified ,buddhist ,church of ,vietnam 7,,ubcv7 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 organization1 the ,government restricts expression and assembly1 and the ,government continues to harass and threaten ,,ubcv monks1 nuns1 and youth leaders4 7#af7 ,the ,government of ,vietnam continues to suppress the activities of other religious adherents1 including ,cao ,dai and ,hoa ,hao ,buddhists who lack official recognition or have chosen not to affiliate with the state-sanctioned groups1 including through the use of detention1 imprisonment1 and strict ,government oversight4 7#ag7 ,many ,montagnards and others are still serving long prison sentences for their involvement in peaceful demonstrations in #bjja1 #bjjb1 #bjjd1 and #bjjh4 ,montagnards continue to face threats1 detention1 beatings1 forced renunciation of faith1 property destruction1 restricted movement1 and reported deaths at the hands of ,government officials4 7#ah7 ,ethnic minority ,hmong in ,northern ,vietnam1 the ,northwest ,highlands1 and the ,central ,highlands of ,vietnam also suffer restrictions1 confiscation of property1 abuses1 and persecution by the ,government of ,vietnam4 7#ai7 ,the ,government of ,vietnam restricts ,khmer ,krom expression1 assembly1 and association1 has confiscated nearly all the ,theravada ,buddhist temples1 controls all ,khmer ,kaon ,buddhist religious organizations and prohibits most peaceful protests4 7#bj7 ,the ,government of ,vietnam controls nearly all print and electronic media1 including access to the ,internet1 jams the signals of some foreign radio stations1 including ,radio ,free ,asia1 and has detained and imprisoned individuals who have posted1 published1 sent1 or otherwise distributed democracy-related materials4 7#ba7 ,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 choice1 may experience closed trials1 have often been detained for years without trial1 and have been subjected to the use of torture to admit crimes they did not commit or to falsely denounce their own leaders4 7#bb7 ,vietnam continues to be a source country for the commercial sexual exploitation and forced labor of women and girls1 as well as for men and women legally entering into international labor contracts who subsequently face conditions of debt bondage or forced labor1 and is a destination country for child trafficking and continues to have internal human trafficking4 7#bc7 ,there are many reports of ,vietnamese officials and employees participating in1 facilitating1 condoning1 or otherwise being complicit in severe forms of human trafficking4 7#bd7 ,united ,states refugee resettlement programs1 including the ,humanitarian ,resettlement 7,,hr7 ,program1 the ,orderly ,departure ,program 7,,odp71 ,resettlement ,opportunities for ,vietnamese ,returnees 7,,rovr7 ,program1 general resettlement of boat people from refugee camps throughout ,southeast ,asia1 the ,amerasian ,homecoming ,act of #aihh1 and the ,priority ,one ,refugee resettlement category1 have helped rescue ,vietnamese nationals who have suffered persecution on account of their associations with the ,united ,states or1 in many cases1 because of such associations by their spouses1 parents1 or other family members1 as well as other ,vietnamese nationals who have been persecuted because of race1 religion1 nationality1 political opinion1 or membership in a particular social group4 7#be7 ,while previous programs have served their purposes well1 a significant number of eligible refugees from ,vietnam were unfairly denied or excluded1 including ,amerasians1 in some cases by vindictive or corrupt ,vietnamese officials who controlled access to the programs1 and in others by ,united ,states personnel who imposed unduly restrictive interpretations of program criteria4 ,in addition1 the ,government of ,vietnam has denied passports to persons who the ,united ,states has found eligible for refugee admission4 7#bf7 ,the ,government of ,vietnam reportedly is detaining tens of thousands of people1 with some as young as #ab years old1 in government-run drug detention centers and treating them as slave laborers4 7#bg7 ,in #bjab1 over #aej1jjj people signed an online petition calling on the ,administration to not expand trade with communist ,vietnam at the expense of human rights4 7#bh7 ,congress has passed numerous resolutions condemning human rights abuses in ,vietnam1 indicating that although there has been an expansion of relations with the ,government of ,vietnam1 it should not be construed as approval of the ongoing and serious violations of fundamental human rights in ,vietnam4 7b7 ,purpose ,the purpose of this ,act is to promote the development of freedom and democracy in ,vietnam4 #c4 ,prohibition on increased nonhumanitarian assistance to the ,government of ,vietnam 7a7 ,assistance 7#a7 ,in general ,except as provided in subsection 7b71 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 #bjab unless-- 7,a7 with respect to the limitation for fiscal year #bjad1 the ,president determines and certifies to ,congress1 not later than #cj days after the date of the enactment of this ,act1 that the requirements of subparagraphs 7,a7 through 7,g7 of paragraph 7#b7 have been met during the #ab-month period ending on the date of the certification2 and 7,b7 with respect to the limitation for subsequent fiscal years1 the ,president determines and certifies to ,congress1 in the most recent annual report submitted pursuant to section #f1 that the requirements of subparagraphs 7,a7 through 7,g7 of paragraph 7#b7 have been met during the #ab-month period covered by the report4 7#b7 ,requirements ,the requirements of this paragraph are the following3 7,a7 ,the ,government of ,vietnam has made substantial progress toward releasing all political and religious prisoners from imprisonment1 house arrest1 and other forms of detention4 7,b7 ,the ,government of ,vietnam has made substantial progress toward-- 7i7 respecting the right to freedom of religion1 including the right to participate in religious activities and institutions without interference1 harassment1 or involvement of the ,government1 for all of ,vietnam's diverse religious communities2 and 7ii7 returning estates and properties confiscated from the churches and religious communities4 7,c7 ,the ,government of ,vietnam has made substantial progress toward respecting the right to freedom of expression1 assembly1 and association1 including the release of independent journalists1 bloggers1 and democracy and labor activists4 7,d7 ,the ,government of ,vietnam has made substantial progress toward repealing or revising laws that criminalize peaceful dissent1 independent media1 unsanctioned religious activity1 and nonviolent demonstrations and rallies1 in accordance with international standards and treaties to which ,vietnam is a party4 7,e7 ,the ,government of ,vietnam has made substantial progress toward allowing ,vietnamese nationals free and open access to ,united ,states refugee programs4 7,f7 ,the ,government of ,vietnam has made substantial progress toward respecting the human rights of members of all ethnic and minority groups4 7,g7 ,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 persons1 or the ,government of ,vietnam took all appropriate steps to end any such complicity and hold such official1 agency1 or entity fully accountable for its conduct4 7b7 ,exception 7#a7 ,continuation of assistance in the national interest ,notwithstanding the failure of the ,government of ,vietnam to meet the requirements of subsection 7a77#b71 the ,president may waive the application of subsection 7a7 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 ,states4 7#b7 ,exercise of waiver authority ,the ,president may exercise the authority under paragraph 7#a7 with respect to-- 7,a7 all ,united ,states nonhumanitarian assistance to ,vietnam2 or 7,b7 one or more programs1 projects1 or activities of such assistance4 7c7 ,definitions ,in this section3 7#a7 ,nonhumanitarian assistance ,the term nonhumanitarian assistance means-- 7,a7 any assistance under the ,foreign ,assistance ,act of #aifa 7including programs 7#bb ,u4,s4,c4 #bbib et seq47 under title ,,iv of chapter #b of part ,i of that ,act 7#bb ,u4,s4,c4 #baia et seq42 relating to the ,overseas ,private ,investment ,corporation771 other than-- 7i7 disaster relief assistance1 including any assistance under chapter #i of part ,i of that ,act 7#bb ,u4,s4,c4 #bbib et seq472 7ii7 assistance which involves the provision of food 7including monetization of food7 or medicine2 7iii7 assistance for environmental remediation of dioxin-contaminated sites and related health activities2 7iv7 assistance for demining and unexploded ordnance 7,,uxo7 remediation1 and related health and educational activities2 7v7 assistance to combat severe forms of trafficking in persons2 7vi7 assistance to combat pandemic diseases2 7vii7 assistance for refugees2 and 7viii7 assistance to combat ,,hiv_/,,aids1 including any assistance under section #ajd;,a of that ,act 7#bb ,u4,s4,c4 #baea;b-#b72 and 7,b7 sales1 or financing on any terms1 under the ,arms ,export ,control ,act 7#bb ,u4,s4,c4 #bgea et seq474 7#b7 ,severe form of trafficking in persons ,the term severe form of trafficking in persons means any activity described in section #ajc7h7 of the ,trafficking ,victims ,protection ,act of #bjjj 7#bb ,u4,s4,c4 #gajb7h774 7d7 ,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 #bjad and subsequent fiscal years4 #d4 ,united ,states public diplomacy 7a7 ,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 staffing1 funding1 or broadcast hours for the ,vietnamese language services of the ,voice of ,america and ,radio ,free ,asia1 which shall be done without reducing any other broadcast language services4 7b7 ,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 and1 also1 by ensuring that ,vietnamese nationals who have already demonstrated a commitment to these values are included in such programs4 7c7 ,united ,nations ,human ,rights ,council ,it is the sense of ,congress that the ,secretary of ,state should strongly oppose1 and encourage other members of the ,united ,nations to oppose1 the candidacy of ,vietnam for membership on the ,united ,nations ,human ,rights ,council for the term beginning in #bjad4 #e4 ,religious freedom and human trafficking 7a7 ,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 #djb7;b7 of the ,international ,religious ,freedom ,act of #aiih 7#bb ,u4,s4,c4 #fddb7;b774 7b7 ,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 compliance1 and this determination should be reflected in the annual report to ,congress required pursuant to section #aaj7;b7 of the ,trafficking ,victims ,protection ,act of #bjjj 7#bb ,u4,s4,c4 #gajg7;b774 #f4 ,annual report 7a7 ,in general ,not later than #ahj days after the date of the enactment of this ,act and annually thereafter1 the ,secretary of ,state shall submit to ,congress a report on the following3 7#a7 ,the determination and certification of the ,president that the requirements of subparagraphs 7,a7 through 7,g7 of section #c7;a77#b7 have been met1 if applicable4 7#b7 ,if the ,president has waived the application of section #c7;a7 pursuant to section #c7;b7 during the reporting period-- 7,a7 the national interest with respect to which such a waiver was based2 7,b7 the amount of increased nonhumanitarian assistance provided to the ,government of ,vietnam2 and 7,c7 a description of the type and amount of commensurate assistance provided pursuant to section #c7;b77#a74 7#c7 ,efforts by the ,united ,states ,government to promote access by the ,vietnamese people to ,radio ,free ,asia transmissions4 7#d7 ,efforts to ensure that programs with ,vietnam promote the policy set forth in section #ajb of the ,human ,rights1 ,refugee1 and ,other ,foreign ,policy ,provisions ,act of #aiif 7,public ,law #ajd-cai2 #bb ,u4,s4,c4 #bdeb note7 regarding participation in programs of educational and cultural exchange4 7#e7 ,lists of persons believed to be imprisoned1 detained1 or placed under house arrest1 tortured1 or otherwise persecuted by the ,government of ,vietnam due to their pursuit of internationally recognized human rights4 ,in compiling such lists1 the ,secretary shall exercise appropriate discretion1 including concerns regarding the safety and security of1 and benefit to1 the persons who may be included on the lists and their families4 ,in addition1 the ,secretary shall include a list of such persons and their families who may qualify for protections under ,united ,states refugee programs4 7#f7 ,a description of the development of the rule of law in ,vietnam1 including-- 7,a7 progress toward the development of institutions of democratic governance2 7,b7 processes by which statutes1 regulations1 rules1 and other legal acts of the ,government of ,vietnam are developed and become binding within ,vietnam2 7,c7 the extent to which statutes1 regulations1 rules1 administrative and judicial decisions1 and other legal acts of the ,government of ,vietnam are published and are made accessible to the public2 7,d7 the extent to which administrative and judicial decisions are supported by statements of reasons that are based upon written statutes1 regulations1 rules1 and other legal acts of the ,government of ,vietnam2 7,e7 the extent to which individuals are treated equally under the laws of ,vietnam without regard to citizenship1 race1 religion1 political opinion1 or current or former associations2 7,f7 the extent to which administrative and judicial decisions are independent of political pressure or governmental interference and are reviewed by entities of appellate jurisdiction2 and 7,g7 the extent to which laws in ,vietnam are written and administered in ways that are consistent with international human rights standards1 including the rights enumerated in the ,international ,covenant on ,civil and ,political ,rights4 7b7 ,contacts with other organizations ,in preparing the report under subsection 7a71 the ,secretary shall1 as appropriate1 seek out and maintain contacts with nongovernmental organizations and human rights advocates 7including ,vietnamese-,americans and human rights advocates in ,vietnam71 including receiving reports and updates from such organizations and evaluating such reports4 ,the ,secretary shall also seek to consult with the ,united ,states ,commission on ,international ,religious ,freedom for appropriate sections of the report4