,,ii #aacth ,,congress #ast ,session ,s4 #ibi ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,may #i1 #bjac ,mr4 ,cornyn introduced the following bill2 which was read twice and referred to the ,committee on ,foreign ,relations ,a ,,bill ,to impose sanctions on individuals who are complicit in human rights abuses committed against nationals of ,vietnam or their family members1 and for other purposes4 #a4 ,short title ,this ,act may be cited as the ,vietnam ,human ,rights ,sanctions ,act4 #b4 ,findings ,congress makes the following findings3 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 countries reaching more than #bd1hjj1jjj1jjj in #bjab4 7#b7 ,however1 the transition by the ,government of ,vietnam toward greater economic activity and trade1 which has led to increased bilateral engagement between the ,united ,states and ,vietnam1 has not been matched by greater political freedom or substantial improvements in basic human rights for the people of ,vietnam4 7#c7 ,vietnam remains an authoritarian state ruled by the ,communist ,party of ,vietnam1 which continues to deny the right of the people of ,vietnam to participate in free and fair elections4 7#d7 ,according to the ,department of ,state's #bjab ,country ,reports on ,human ,rights ,practices1 ,vietnam's most significant human rights problems 4 4 4 continued to be severe government restrictions on citizens' political rights1 particularly their right to change their government2 increased measures to limit citizens' civil liberties2 and corruption in the judicial system and police4 7#e7 ,the ,country ,reports also state that the ,government of ,vietnam increasingly limited freedoms of speech and press and suppressed dissent2 further restricted ,internet freedom2 reportedly continued to be involved in attacks against ,web sites containing criticism2 maintained spying on dissident bloggers2 and continued to limit privacy rights and freedoms of assembly1 association1 and movement4 7#f7 ,furthermore1 the ,department of ,state documents that arbitrary arrest and detention1 particularly for political activists1 remained a problem1 with the ,government of ,vietnam sentencing at least #ce arrested activists during #bjab to a total of #aca years in jail and #bg years of probation for exercising their rights4 7#g7 ,at the end of #bjab1 the ,government of ,vietnam reportedly held more than #abj political prisoners1 and diplomatic sources maintained that #d reeducation centers in ,vietnam held approximately #d1jjj prisoners4 7#h7 ,on ,september #bd1 #bjab1 #c prominent ,vietnamese bloggers--,nguyen ,van ,hai 7also known as ,dieu ,cay71 ,ta ,phong ,tan1 and ,phan ,thanh ,hai 7also known as ,anh ,ba ,saigon7--were sentenced to prison based on #c-year-old blog postings criticizing the ,government and leaders of ,vietnam and the ,communist ,party of ,vietnam4 7#i7 ,united ,nations ,high ,commissioner for ,human ,rights ,navi ,pillay responded to the sentencing of the bloggers on ,september #be1 #bjab1 stating that the harsh prison terms handed down to bloggers exemplify the severe restrictions on freedom of expression in ,vietnam and calling the sentences an unfortunate development that undermines the commitments ,vietnam has made internationally 4 4 4 to protect and promote the right to freedom of expression4 7#aj7 ,on ,march #ba1 #bjac1 ,deputy ,assistant ,secretary of ,state for ,democracy1 ,human ,rights1 and ,labor ,daniel ,b4 ,baer testified before the ,subcommittee on ,east ,asian and ,pacific ,affairs of the ,committee on ,foreign ,relations of the ,senate that in ,vietnam we've been disappointed in recent years to see backsliding1 particularly on 4 4 4 freedom of expression issues 4 4 4 people are being prosecuted for what they say online under really draconian national security laws 4 4 4 that is an issue that we continue to raise1 both in our human rights dialogue with the ,vietnamese as well as in other bilateral engagements4 7#aa7 ,although the ,constitution of ,vietnam provides for freedom of religion1 the ,department of ,state's #bjab ,country ,reports on ,human ,rights ,practices maintains that ,vietnamese who exercise their right to freedom of religion continued to be subject to harassment1 differing interpretations and applications of the law1 and inconsistent legal protection1 especially at provincial and village levels4 7#ab7 ,likewise1 the ,united ,states ,commission on ,international ,religious ,freedom #bjac ,annual ,report states that religious freedom conditions remain very poor in ,vietnam and the ,vietnamese government continues to imprison individuals for religious activity or religious freedom advocacy using a specialized religious police force 4 4 4 and vague national security laws to suppress independent ,buddhist1 ,protestant1 ,hoa ,hao1 and ,cao ,dai activities1 and seeks to stop the growth of ethnic minority ,protestantism and ,catholicism via discrimination1 violence and forced renunciations of their faith4 7#ac7 ,the #bjac ,annual ,report notes that in #bjjd the ,united ,states designated ,vietnam as a country of particular concern for religious freedom pursuant to section #djb7;b77#a7 of the ,international ,religious ,freedom ,act of #aiih 7#bb ,u4,s4,c4 #fddb7;b77#a771 and that ,vietnam responded at that time by releasing prisoners1 prohibiting the policy of forced renunciations of faith1 and expanding protections for religious groups1 and that most religious leaders in ,vietnam attributed these positive changes to the country of particular concern designation and the priority placed on religious freedom concerns in ,u4,s4-,vietnamese bilateral relations4 7#ad7 ,however1 the #bjac ,annual ,report concludes that since the designation as a country of particular concern was lifted from ,vietnam in #bjjf1 religious freedom conditions in ,vietnam remain mixed1 and therefore recommends to the ,department of ,state that ,vietnam should be redesignated as a country of particular concern4 7#ae7 ,deputy ,assistant ,secretary of ,state ,baer likewise testified that in ,vietnam the right to religious freedom1 which seemed to be improving several years ago1 has been stagnant for several years4 #c4 ,imposition of sanctions on certain individuals who are complicit in human rights abuses committed against nationals of ,vietnam or their family members 7a7 ,definitions ,in this section3 7#a7 ,admitted2 alien2 immigration laws2 national2 spouse ,the terms admitted1 alien1 immigration laws1 national1 and spouse have the meanings given those terms in section #aja of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aaja74 7#b7 ,appropriate congressional committees ,the term appropriate congressional committees means-- 7,a7 the ,committee on ,finance1 the ,committee on ,banking1 ,housing1 and ,urban ,affairs1 and the ,committee on ,foreign ,relations of the ,senate2 and 7,b7 the ,committee on ,ways and ,means1 the ,committee on ,financial ,services1 and the ,committee on ,foreign ,affairs of the ,house of ,representatives4 7#c7 ,convention against ,torture ,the term ,convention against ,torture means the ,united ,nations ,convention against ,torture and ,other ,cruel1 ,inhuman or ,degrading ,treatment or ,punishment1 done at ,new ,york on ,december #aj1 #aihd4 7#d7 ,united ,states person ,the term ,united ,states person means-- 7,a7 a ,united ,states citizen or an alien lawfully admitted for permanent residence to the ,united ,states2 or 7,b7 an entity organized under the laws of the ,united ,states or of any jurisdiction within the ,united ,states1 including a foreign branch of such an entity4 7b7 ,imposition of sanctions ,except as provided in subsections 7e7 and 7f71 the ,president shall impose the sanctions described in subsection 7d7 with respect to each individual on the list required by subsection 7c77#a74 7c7 ,list of individuals who are complicit in certain human rights abuses 7#a7 ,in general ,not later than #ij days after the date of the enactment of this ,act1 the ,president shall submit to the appropriate congressional committees a list of individuals who are nationals of ,vietnam that the ,president determines are complicit in human rights abuses committed against nationals of ,vietnam or their family members1 regardless of whether such abuses occurred in ,vietnam4 7#b7 ,updates of list ,the ,president shall submit to the appropriate congressional committees an updated list under paragraph 7#a7 as new information becomes available and not less frequently than annually4 7#c7 ,public availability ,the list required by paragraph 7#a7 shall be made available to the public and posted on the ,web sites of the ,department of the ,treasury and the ,department of ,state4 7#d7 ,consideration of data from other countries and nongovernmental organizations ,in preparing the list required by paragraph 7#a71 the ,president shall consider data already obtained by other countries and nongovernmental organizations1 including organizations in ,vietnam1 that monitor the human rights abuses of the ,government of ,vietnam4 7d7 ,sanctions 7#a7 ,prohibition on entry and admission to the ,united ,states ,an individual on the list required by subsection 7c77#a7 may not-- 7,a7 be admitted to1 enter1 or transit through the ,united ,states2 7,b7 receive any lawful immigration status in the ,united ,states under the immigration laws1 including any relief under the ,convention ,against ,torture2 or 7,c7 file any application or petition to obtain such admission1 entry1 or status4 7#b7 ,financial sanctions ,the ,president shall freeze and prohibit all transactions in all property and interests in property of an individual on the list required by subsection 7c77#a7 if such property and interests in property are in the ,united ,states1 come within the ,united ,states1 or are or come within the possession or control of a ,united ,states person4 7e7 ,exceptions ,to comply with international agreements ,the ,president may1 by regulation1 authorize exceptions to the imposition of sanctions under this section to permit the ,united ,states to comply with the ,agreement between the ,united ,nations and the ,united ,states of ,america regarding the ,headquarters of the ,united ,nations1 signed ,june #bf1 #aidg1 and entered into force ,november #ba1 #aidg1 and other applicable international agreements4 7f7 ,waiver ,the ,president may waive the requirement to impose or maintain sanctions with respect to an individual under subsection 7b7 or the requirement to include an individual on the list required by subsection 7c77#a7 if the ,president-- 7#a7 determines that such a waiver is in the national interest of the ,united ,states2 and 7#b7 submits to the appropriate congressional committees a report describing the reasons for the determination4 7g7 ,termination of sanctions ,the provisions of this section shall terminate on the date on which the ,president determines and certifies to the appropriate congressional committees that the ,government of ,vietnam has-- 7#a7 unconditionally released all political prisoners2 7#b7 ceased its practices of violence1 unlawful detention1 torture1 and abuse of nationals of ,vietnam while those nationals are engaging in peaceful political activity2 and 7#c7 conducted a transparent investigation into the killings1 arrest1 and abuse of peaceful political activists in ,vietnam and prosecuted those responsible4 #d4 ,sense of ,congress on designation of ,vietnam as a country of particular concern with respect to religious freedom ,it is the sense of ,congress that-- 7#a7 the relationship between the ,united ,states and ,vietnam cannot progress while the record of the ,government of ,vietnam with respect to human rights and the rule of law continues to deteriorate2 7#b7 the designation of ,vietnam as a country of particular concern for religious freedom pursuant to section #djb7;b77#a7 of the ,international ,religious ,freedom ,act of #aiih 7#bb ,u4,s4,c4 #fddb7;b77#a77 would be a powerful and effective tool in highlighting abuses of religious freedom in ,vietnam and in encouraging improvement in the respect for human rights in ,vietnam2 and 7#c7 the ,secretary of ,state should1 in accordance with the recommendation of the ,united ,states ,commission on ,international ,religious ,freedom1 designate ,vietnam as a country of particular concern for religious freedom4