U.S. GOVERNMENT PUBLISHING OFFICE

WASHINGTON : 

For sale by the Superintendent of Documents, U.S. Government Publishing Office

Internet: bookstore.gpo.gov Phone: toll free (866) 512–1800; DC area (202) 512–1800

Fax: (202) 512–2104 Mail: Stop IDCC, Washington, DC 20402–0001

94–607PDF 2015

VIETNAM HUMAN RIGHTS ACT OF 2015; AND CONDEMNING

THE APRIL 2015 TERRORIST ATTACK AT THE GARISSA UNIVERSITY COLLEGE IN GARISSA, KENYA, AND REAFFIRMING

THE UNITED STATES SUPPORT FOR THE PEOPLE AND GOVERNMENT OF KENYA, AND FOR OTHER PURPOSES

MARKUP

BEFORE THE

SUBCOMMITTEE ON AFRICA, GLOBAL HEALTH, 

GLOBAL HUMAN RIGHTS, AND 

INTERNATIONAL ORGANIZATIONS

OF THE

COMMITTEE ON FOREIGN AFFAIRS 

HOUSE OF REPRESENTATIVES

ONE HUNDRED FOURTEENTH CONGRESS

FIRST SESSION

ON

H.R. 2140 and H. Res. 213

MAY 14, 2015

Serial No. 114–66

Printed for the use of the Committee on Foreign Affairs

(

Available via the World Wide Web: http://www.foreignaffairs.house.gov/ or

http://www.gpo.gov/fdsys/

(II)

COMMITTEE ON FOREIGN AFFAIRS 

EDWARD R. ROYCE, California, Chairman 

CHRISTOPHER H. SMITH, New Jersey 

ILEANA ROS-LEHTINEN, Florida 

DANA ROHRABACHER, California 

STEVE CHABOT, Ohio 

JOE WILSON, South Carolina 

MICHAEL T. MCCAUL, Texas 

TED POE, Texas 

MATT SALMON, Arizona 

DARRELL E. ISSA, California 

TOM MARINO, Pennsylvania 

JEFF DUNCAN, South Carolina 

MO BROOKS, Alabama 

PAUL COOK, California 

RANDY K. WEBER SR., Texas 

SCOTT PERRY, Pennsylvania 

RON DESANTIS, Florida 

MARK MEADOWS, North Carolina 

TED S. YOHO, Florida 

CURT CLAWSON, Florida 

SCOTT DESJARLAIS, Tennessee 

REID J. RIBBLE, Wisconsin 

DAVID A. TROTT, Michigan 

LEE M. ZELDIN, New York 

TOM EMMER, Minnesota 

ELIOT L. ENGEL, New York 

BRAD SHERMAN, California 

GREGORY W. MEEKS, New York 

ALBIO SIRES, New Jersey 

GERALD E. CONNOLLY, Virginia 

THEODORE E. DEUTCH, Florida 

BRIAN HIGGINS, New York 

KAREN BASS, California 

WILLIAM KEATING, Massachusetts 

DAVID CICILLINE, Rhode Island 

ALAN GRAYSON, Florida 

AMI BERA, California 

ALAN S. LOWENTHAL, California 

GRACE MENG, New York 

LOIS FRANKEL, Florida 

TULSI GABBARD, Hawaii 

JOAQUIN CASTRO, Texas 

ROBIN L. KELLY, Illinois 

BRENDAN F. BOYLE, Pennsylvania

AMY PORTER, Chief of Staff THOMAS SHEEHY, Staff Director

JASON STEINBAUM, Democratic Staff Director 

SUBCOMMITTEE ON AFRICA, GLOBAL HEALTH, GLOBAL HUMAN RIGHTS, AND

INTERNATIONAL ORGANIZATIONS

CHRISTOPHER H. SMITH, New Jersey, Chairman 

MARK MEADOWS, North Carolina 

CURT CLAWSON, Florida 

SCOTT DESJARLAIS, Tennessee 

TOM EMMER, Minnesota 

KAREN BASS, California 

DAVID CICILLINE, Rhode Island 

AMI BERA, California 

(III)

C O N T E N T S 

Page

Markup of 

H.R. 2140, To promote freedom, human rights, and the rule of law as part 

of United States-Vietnam relations .................................................................... 3

H. Res. 213, Condemning the April 2015 terrorist attack at the Garissa 

University College in Garissa, Kenya, and reaffirming the United States 

support for the people and Government of Kenya, and for other purposes .... 24

APPENDIX 

Markup notice .......................................................................................................... 32

Markup minutes ...................................................................................................... 33

Markup summary .................................................................................................... 34

The Honorable Christopher H. Smith, a Representative in Congress from 

the State of New Jersey, and chairman, Subcommittee on Africa, Global 

Health, Global Human Rights, and International Organizations: Statement 

on H. Res. 213 ...................................................................................................... 35

(1)

VIETNAM HUMAN RIGHTS ACT OF 2015; AND CONDEMNING 

THE APRIL 2015 TERRORIST ATTACK AT THE GARISSA 

UNIVERSITY COLLEGE IN GARISSA, KENYA, AND REAFFIRMING THE UNITED STATES SUPPORT FOR THE PEOPLE AND GOVERNMENT OF KENYA, AND FOR OTHER PURPOSES 

THURSDAY, MAY 14, 2015

HOUSE OF REPRESENTATIVES,

SUBCOMMITTEE ON AFRICA, GLOBAL HEALTH,

GLOBAL HUMAN RIGHTS, AND INTERNATIONAL ORGANIZATIONS,

COMMITTEE ON FOREIGN AFFAIRS,

Washington, DC. 

The subcommittee met, pursuant to notice, at 2:13 p.m., in room 

2172, Rayburn House Office Building, Hon. Christopher H. Smith 

(chairman of the subcommittee) presiding. 

Mr. SMITH. The subcommittee will come to order. Pursuant to notice, we are here to mark up H.R. 2140, Vietnam Human Rights 

Act of 2015, and H. Res. 213, Condemning the April 2015 terrorist 

attack at the Garissa University College in Garissa, Kenya, and reaffirming the United States support for the people and Government 

of Kenya, and for other purposes. 

The first measure, the Vietnam Human Rights Act, I introduced 

along with eight co-sponsors. It is a bipartisan bill. It is the fourth 

time this legislation is making its way through the Congress. Three 

other times it passed the House, but regrettably was not taken up 

in the Senate. Our hopes are this year it will be. And the H. Res. 

213 was introduced by my good friend and colleague, Ms. Bass, and 

that, too, is a bipartisan resolution that will make its way to the 

floor very, very shortly after full committee consideration. 

Due to the bipartisan support for these measures, the fact that 

the subcommittee will reconvene following the markup for a hearing as well as scheduling of other events and floor activity, it is the 

intent of the Chairman to consider these measures en bloc. I understand that our staffs have been in communication, and Ms. Bass 

has graciously consented to this. I also that Mr. Bera may also 

wish to further consult with regard to the Vietnam Human Rights 

Act in advance of the full committee markup with regard to provisions dealing with labor protections. 

All members have copies of these documents before them which 

were circulated to you on Tuesday, and after we have concluded 

our expedited consideration, I will be glad to recognize any member, including myself and the ranking member and our distinguished colleagues to my right, for any comments they might want 

2

to make on the pending legislation. All members are given leave to 

insert remarks into the record should they choose to do so. Seeing 

that we do have a reporting quorum present, without objection the 

following are considered as read and will be considered in en bloc: 

H.R. 2140, Vietnam Human Rights Act of 2015, and H. Res. 213, 

Condemning the April 2015 terrorist attack at the Garissa University College in Garissa, Kenya, and reaffirming the United States 

support for the people and Government of Kenya, and for other 

purposes. 

[The information referred to follows:]

3


94607a-1.eps
4


94607a-2.eps
5


94607a-3.eps
6


94607a-4.eps
7


94607a-5.eps
8


94607a-6.eps
9


94607a-7.eps
10


94607a-8.eps
11


94607a-9.eps
12


94607a-10.eps
13


94607a-11.eps
14


94607a-12.eps
15


94607a-13.eps
16


94607a-14.eps
17


94607a-15.eps
18


94607a-16.eps
19


94607a-17.eps
20


94607a-18.eps
21


94607a-19.eps
22


94607a-20.eps
23


94607a-21.eps
24


94607b-1.eps
25


94607b-2.eps
26


94607b-3.eps
27


94607b-4.eps
28

Mr. SMITH. The Chair moves that the en bloc items be adopted. 

All those in favor say aye. All those opposed say no. The ayes have 

it, and in the opinion of the Chair, the items considered en bloc are 

adopted. Without objection, the measures as amended are reported 

favorably to the full committee, and the staff is directed to make 

technical and conforming changes. 

I would note that we now have completed our formal consideration of these measures, and I would recognize members for remarks that they might want to make. 

I would like to first speak to the Vietnam Human Rights Act of 

2015. Although we have witnessed the release of some political 

prisoners in Vietnam, we should not be fooled or deceived into believing that the release of a few dissidents somehow represents real 

progress on human rights in Vietnam. The underlying reality of repression in Vietnam is fundamentally unchanged. The Government 

of Vietnam continues to hold prisoners of conscience whose socalled crimes are only their attempts to exercise universally-recognized human rights. 

Since the State Department removed the Country of Particular 

Concern designation with respect to religious freedom in Vietnam, 

the situation there has gotten worse, and I have heard from witnesses at hearings who have spoken of the particularly egregious 

situation that exists for ethnic and religious minorities. Forced renunciations of faith continue, and people and institutions in a wide 

range of faiths are harassed by authorities unless they submit to 

government control and interference. 

In order to show that we are serious about protecting human 

rights, there must be serious consequences for failure to make 

meaningful and systemic reforms that should take place. Increased 

commercial ties and military cooperation, frankly, should be off the 

table unless basic human rights standards are met. Respect for the 

freedoms of religion, expression, and assembly are a minimum. The 

U.S. must be unrelenting in its demands for improvement for 

human rights in Vietnam. If not, the repression will only get worse. 

This piece of legislation would institute effective measures toward improving human rights in Vietnam. The bill prohibits any 

increase in non-humanitarian assistance over 2012 levels, when it 

was over $16 million, to the Government of Vietnam unless it 

makes substantial progress in establishing a democracy and promoting human rights, including respecting freedom of religion and 

releasing all religious prisoners; respecting rights of freedom of expression, assembly, and association, and releasing all political prisoners, independent journalists, and labor activists; repealing and 

revising laws that criminalize peaceful dissent, independent media, 

unsanctioned religious activity and nonviolent demonstrations in 

accordance with international human rights standards; respecting 

the human rights of members of all ethnic groups; and taking all 

appropriate steps, including prosecution of government officials to 

end government complicity in human trafficking. 

The bill would not prevent increased funding to the Vietnamese 

Government for certain humanitarian assistance such as food, medicine, Agent Orange remediation, or activities to combat human 

trafficking or child labor. 

29

The Vietnam Human Rights Act seeks to bring balance to any future strategic partnerships by ensuring that the United States’ interest in human rights, including freedoms of speech, religion, assembly, and association, and the rule of law are an integral part 

of that bilateral relations. 

Its enactment will send an unmistakable message to Hanoi that 

human rights improvements are fundamental to better relations 

critically linked to our mutual economic and security interests, and 

cannot be ignored or bargained away. 

I would like to yield to any of my colleagues if they would like 

to, perhaps, comment on any of the legislation. Mr. Emmer. 

Mr. EMMER. Thank you, Mr. Chair, and thanks to Ranking Member Bass for holding this markup on two very important and timely 

pieces of legislation. In the last few months, I have traveled to both 

Kenya and Vietnam. House Resolution 213, Condemning the April 

2015 terrorist attack at the Garissa University College in Garissa, 

Kenya, and reaffirming the United States support for the people 

and Government of Kenya, is vitally important. During my trip I 

saw firsthand the devastation caused by the gruesome killings in 

Kenya and the diplomatic and humanitarian crisis it left. From security crises that forced closure of refugee camps, causing displacement across the country, to the cancellation of remittances that 

people rely on, this attack has caused incredible harm. I fully support the resolution and urge its passage. 

Just last week, I was in Vietnam, and as a co-sponsor of H.R. 

2140, to promote freedom, human rights, and the rule of law, as 

part of United States-Vietnam relations. I want to mention that the 

nation of Vietnam has made tremendous strides in the cause of 

human rights, from what we observed, and that should not be lost 

in this conversation. But there is much left to do. During our trip 

to Vietnam, our delegation conveyed this to our Vietnamese hosts, 

and to their credit, they agreed. In other words, there is an ongoing 

dialogue. We must hold them accountable, and especially in the 

face of a major trade deal, it is absolutely necessary we ensure that 

any advancement in cooperation is met by continued advancements 

in human rights. I fully support both of these important bills and 

yield back. 

Mr. SMITH. Thank you so very, very much. Mr. Clawson. 

Mr. CLAWSON. Yield back. Very supportive. 

Mr. SMITH. I would ask unanimous consent that my comments 

on the resolution on Kenya be made a part of the record. I want 

to thank my colleagues for their participation and presence here 

today. This markup is concluded, and momentarily we will begin 

the hearing on trafficking. 

[Whereupon, at 2:22 p.m., the subcommittee was adjourned.] 

(31)

A P P E N D I X 

MATERIAL SUBMITTED FOR THE RECORD

32

f


94607n.eps
33

f


94607m.eps
34

f


94607s.eps
35

Æ


94607c.eps