H5844 CONGRESSIONAL RECORD — HOUSE September 11, 2012 

from around this country that tirelessly advocated on behalf of its passage. They are the groups that originally came to me with the heartwrenching problem that these orphans 

face, and they suggested an idea for a 

solution. I would like to recognize the 

Defense Forum Foundation, the North 

Korea Freedom Coalition, the Korean 

Church Coalition for North Korea Freedom, the Korean American Coalition, 

the Korean Churches for Community 

Development, the 300 Pastoral Coalition, and the 318 Partners. These are 

the groups that suggested that with a 

lot of hard work we might get this legislation through. They put through 

countless phone calls and meetings and 

rallies up here on Capitol Hill and I 

think really helped generate the widespread support that this bill has today. 

Of course, the bill stems from the 

problem that for over 50 years North 

Korea has been one of the world’s most 

repressive regimes. Every imaginable 

freedom that we enjoy here—speech or 

assembly or association or worship, 

and actually oddly enough, even the 

right to smile—is denied in North 

Korea by one statute or another. Meanwhile, the regime’s elites live in luxury. Of course, the people, especially in 

the rural areas of North Korea, starve. 

It is little wonder why tens of thousands of North Koreans, many of them 

women and children, flee to China. For 

many, it’s a last resort. It’s a final 

chance to avoid starvation for those 

children and avoid unspeakable oppression. Yet that choice is not always an 

easy one. That path to freedom is very 

perilous. Those fleeing North Korea 

often make their journey during the 

winter, and they cross over that Tumen 

River as it’s frozen. Those temperatures there are subzero, and the terrain 

is treacherous. It is an obstacle course 

of checkpoints and of informants, and 

they make that a very dangerous journey. Sadly, but not surprisingly, many 

refugees succumb to the elements. 

There are many bodies frozen along 

that bank. 

Those that survive also face dangers 

from human traffickers. As one dissident told National Geographic, crossing the Tumen was easy compared to 

what happened next as she was tricked 

into getting into a car that belonged to 

a sex trafficker. For the next year, she 

remained locked in a room, forced into 

selling her body. The result of all of 

this is that many North Korean orphans are left in China. Worse yet, 

they are stateless and they are without 

identification. Estimates show that 

thousands of children are left stateless 

in the border region between North 

Korea and China, and there they suffer. 

If they’re sent back to North Korea, 

they suffer unimaginably. 

Mr. Speaker, this is why we need to 

pass this legislation. This bill is a good 

first step in responding to this human 

rights crisis. Specifically, this bill 

would have the State Department develop a strategy for assisting stateless 

children from North Korea. 

b 1830 

While many American families would 

welcome the opportunity to adopt a 

North Korean orphan, many hurdles remain. For example, children must certify that they have lost their parents 

or legal guardians and that they have 

absolutely no one to rely on. A child 

orphan in North Korea would have a 

very hard time proving that attestation. 

Most of these children have great difficulty proving this to their own understanding, and they have no death certificate of parents, and many have no 

proof that they truly are orphans. By 

passing this bill, we will be taking an 

important step towards solving these 

problems. 

We are not committing to any particular policies, but we are committing 

to doing what we can to help these defenseless children. We are trying to 

create a win/win for these desperate 

young ones, orphans living in deplorable conditions and their potential new 

families. 

Again, I thank you, Chairman ROSLEHTINEN, I thank you for your support, and we thank the numerous 

American Korean organizations, and 

we thank Ranking Member BERMAN for 

all of this help. I urge my colleagues to 

support this important bill. 

Mr. BERMAN. Mr. Speaker, I have no 

further requests for time, and I urge 

support for the legislation. 

I yield back the balance of my time. 

Ms. ROS-LEHTINEN. Mr. Speaker, I 

think Mr. ROYCE did a wonderful job in 

summing up our bipartisan position. 

With that, I yield back the balance of 

my time. 

The SPEAKER pro tempore. The 

question is on the motion offered by 

the gentlewoman from Florida (Ms. 

ROS-LEHTINEN) that the House suspend 

the rules and pass the bill, H.R. 1464. 

The question was taken; and (twothirds being in the affirmative) the 

rules were suspended and the bill was 

passed. 

A motion to reconsider was laid on 

the table. 

f 

CALLING ON VIETNAM TO RESPECT BASIC HUMAN RIGHTS 

AND CEASE ABUSING VAGUE NATIONAL SECURITY PROVISIONS 

Ms. ROS-LEHTINEN. Mr. Speaker, I 

move to suspend the rules and agree to 

the resolution (H. Res. 484) calling on 

the Government of the Socialist Republic of Vietnam to respect basic 

human rights and cease abusing vague 

national security provisions such as articles 79 and 88 of the Vietnamese penal 

code, which are often the pretext to arrest and detain citizens who peacefully 

advocate for religious and political 

freedom, as amended. 

The Clerk read the title of the resolution. 

The text of the resolution is as follows: 

H. RES. 484 

Whereas article 79, which penalizes ‘‘carrying out activities aimed at overthrowing 

the people’s administration’’, carries a maximum penalty of death and is used by the 

Government of the Socialist Republic of 

Vietnam to crack down on citizens advocating for political pluralism or associating 

with prodemocracy parties, including— 

(1) Le Cong Dinh, Tran Huynh Duy Thuc, 

Nguyen Tien Trung, Le Thang Long, and 

Tran Anh Kim arrested in 2009; 

(2) Cao Van Tinh, Duong Kim Khai, Nguyen 

Chi Thanh, Nguyen Thanh Tam, Pham Minh 

Hoang, Pham Ngoc Hoa, Pham Van Thong, 

and Tran Thi Thuy arrested in 2010; and 

(3) Dang Xuan Dieu, Ho Duc Hoa, Ho Van 

Oanh, Nguyen Dinh Cuong, Nguyen Van 

Duyet, Nguyen Van Oai, Nguyen Xuan Anh, 

Nong Hung Anh, Paulus Le Son, Thai Van 

Dung, and Tran Minh Nhat arrested during 

the summer of 2011; 

Whereas article 88, which penalizes ‘‘conducting propaganda against the State’’, carries a maximum sentence of 12 years imprisonment and is used by the Government of 

Vietnam to detain writers and bloggers, including— 

(1) Father Nguyen Van Ly, Nguyen Phong, 

and Tran Quoc Hien arrested in 2007; 

(2) Nguyen Van Hai (‘‘Dieu Cay’’), Nguyen 

Xuan Nghia, Pham Thanh Nghien, and Pham 

Van Troi arrested in 2008; 

(3) Cu Huy Ha Vu, Phan Thanh Hai, and Vi 

Duc Hoi arrested in 2010; and 

(4) Chu Manh Son, Dinh Dang Dinh, Dinh 

Van Nhuong, Do Van Hoa, Hoang Phong, Lu 

Van Bay, Nguyen Kim Nhan, Ta Phong Tan, 

Tran Huu Duc, and Viet Khang arrested in 

2011; 

Whereas Vietnam is a signatory to the 

Universal Declaration of Human Rights and 

the International Covenant on Civil and Political Rights; and 

Whereas closer economic and security ties 

between the United States and Vietnam are 

ultimately contingent on the Government of 

Vietnam’s respect for basic freedoms: Now, 

therefore, be it 

Resolved, That the House of Representatives— 

(1) condemns the continued and worsening 

crackdown in the Socialist Republic of Vietnam against community organizers, 

bloggers, and democracy activists; 

(2) calls on the Government of Vietnam to 

repeal articles 79 and 88 of the Vietnamese 

penal code and similar vague national security measures used to persecute peaceful political opposition and dissent; 

(3) calls on the Government of Vietnam to 

release all political prisoners, especially all 

activists, writers, and bloggers who have 

been detained or sentenced under articles 79 

and 88 of the Vietnamese penal code; and 

(4) urges the United States Department of 

State to monitor rule of law developments in 

Vietnam, to help ensure that Vietnamese 

laws are administered in ways that are consistent with Vietnam’s international human 

rights commitments. 

The SPEAKER pro tempore. Pursuant to the rule, the gentlewoman from 

Florida (Ms. ROS-LEHTINEN) and the 

gentleman from California (Mr. BERMAN) each will control 20 minutes. 

The recognizes the gentlewoman 

from Florida. 

GENERAL LEAVE

Ms. ROS-LEHTINEN. Mr. Speaker, I 

ask unanimous consent that all Members may have 5 legislative days to revise and extend their remarks and to 

insert extraneous material into the 

RECORD on this measure. 

The SPEAKER pro tempore. Is there 

objection to the request of the gentlewoman from Florida? 


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September 11, 2012 CONGRESSIONAL RECORD — HOUSE H5845 

There was no objection. 

Ms. ROS-LEHTINEN. I yield myself 

such time as I may consume. 

Mr. Speaker, I rise in strong support 

of House Resolution 484, a bipartisan 

resolution of LORETTA SANCHEZ, a bill 

of which I am a cosponsor. 

This resolution calls on the Vietnamese authorities to ‘‘respect basic 

human rights and cease abusing vague 

national security provisions such as articles 79 and 88 of the Vietnamese penal 

code.’’ These draconian legal measures 

are often used to arrest and detain citizens who peacefully advocate for political and religious freedom. 

When the Bush administration signed 

the bilateral trade agreement with 

Vietnam in the year 2006, which paved 

the way for Vietnam joining the World 

Trade Organization the next year, the 

Congress was assured that trade liberalization with Hanoi would lead, inevitably, to political liberalization. 

This proved, however, to be as spurious a promise as one made by the 

Clinton administration, which vowed 

that the liberalization of trade would 

open the door to democracy and human 

rights in China. The siren song that 

trade is the panacea for ending totalitarian oppression is directly contradicted by reports of deteriorating 

human rights conditions in both Vietnam and China. 

As Hanoi comes increasingly to 

Washington seeking strategic support 

for its dispute with the Chinese in the 

South China Sea, one can only ask, 

why are we not using Hanoi’s concerns 

in the South China Sea as leverage to 

win greater concessions on the dismal 

human rights conditions in Vietnam? 

Why would we even consider helping 

Vietnam against Chinese bullying as 

long as Hanoi holds behind bars United 

States citizen Dr. Quan. Dr. Quan is a 

mathematician, and he has been detained in Vietnam since he returned 

there for a family visit in April. 

This resolution spells out in great detail how Hanoi makes use of the security provisions contained in articles 79 

and 88 to continue to detain such noted 

democracy advocates as Father Ly. 

Article 88’s provision regarding propaganda against the State gives Hanoi 

great leeway in detaining and imprisoning human rights activists, writers, 

those who advocate for democracy, 

journalists, Internet bloggers, the list 

goes on. 

The repeal of articles 79 and 88, and 

the release of all political prisoners, as 

called for in this important resolution, 

would represent first steps away from 

the continued totalitarian oppression 

of the Vietnamese regime. Our State 

Department should not put concern for 

human rights and the protection of the 

rights of U.S. citizens on a back burner 

while we pursue commercial and strategic opportunities with the leaders in 

Hanoi. 

We in Washington must be of one 

voice in strongly condemning the continuing crackdown on human rights 

and democracy in Vietnam. We should 

also remember that without the rule of 

law, it is not only democracy advocates 

who are put at risk, but also those 

whose special contracts will prove to 

be worthless pieces of paper. 

Therefore, Mr. Speaker, I urge my 

colleagues to give their strong and unwavering support for this resolution. 

With that, I reserve the balance of 

my time. 

Mr. BERMAN. Mr. Speaker, I rise in 

support of H. Res. 484, as amended, and 

I yield myself such time as I may consume. 

First, I want to thank the sponsor of 

the legislation, the gentlewoman from 

California (Ms. LORETTA SANCHEZ). For 

her entire time in this Congress she 

has been a passionate and eloquent 

spokesperson on behalf of the Vietnamese people and their right to have 

their political, individual, and religious rights. The same goes for the 

chair of the Foreign Affairs Committee, Ms. ROS-LEHTINEN, who in all 

human rights issues has been a true 

congressional leader. 

This resolution calls on Vietnam’s 

government to respect basic human 

rights for its people and to stop using 

vague national security laws as a pretext to arrest and detain citizens who 

peacefully advocate for religious and 

political freedom. This resolution demonstrates America’s commitment to 

human rights, democracy, and the rule 

of law by calling on the Government of 

Vietnam to release all political prisoners, including activists, writers, and 

bloggers, who have been unfairly detained or sentenced. The names of over 

40 of these political dissidents and activists who were peacefully expressing 

their views and posed no threat to 

Vietnam’s national security are included in this resolution. 

Vietnam must stop criminalizing free 

speech and peaceful political activism 

and begin upholding the universal declaration of human rights and the international covenant on civil and political 

rights to which it is a signatory. 

As ties between the U.S. and Vietnam continue to develop and mature, 

Hanoi must understand that respect for 

the universal principles of democracy, 

freedom, and human rights remains a 

central part of our bilateral relationship. And more progress in these areas 

is needed before, as we have said before, that relationship can be taken to 

the next level. I urge my colleagues to 

support this resolution. 

I reserve the balance of my time. 

Ms. ROS-LEHTINEN. Mr. Speaker, I 

yield 1 minute to my good friend from 

California (Mr. ROYCE), the chairman 

of the House Committee on Foreign Affairs Subcommittee on Terrorism, Nonproliferation, and Trade. 

b 1840 

Mr. ROYCE. Mr. Speaker, I rise in 

support. As Human Rights Watch 

noted, last year saw a steady stream of 

political trials and arrests, likely 

spurred, in part, by Vietnamese Government concerns that the pro-democracy Arab Spring movement might 

reach Asia. 

As they explained, there’s at least 24 

convictions right now under article 79 

and article 88 of the penal code that 

have been handed down. Hence the need 

for this resolution to pass this Chamber. We should all support it. 

Mr. BERMAN. I am pleased to yield 

such time as she may consume to the 

sponsor of this resolution, the gentlelady from California (Ms. LORETTA

SANCHEZ). 

Ms. LORETTA SANCHEZ of California. Thank you to Chairwoman ROSLEHTINEN and to Ranking Member BERMAN and to the committee for bringing 

this resolution to the House floor. 

Mr. Speaker, Dr. Nguyen Quoc Quan 

is a democracy activist, and he’s also a 

member of a democracy activist organization here called Viet Tan. On April 

17 of this year, an American citizen— 

yes, Dr. Nguyen is an American citizen—was arrested at Saigon Airport 

by the Vietnamese authorities, and he 

was charged with terrorism for 4 

months for possessing educational documents on leadership skills and on 

nonviolent political activism. How can 

possession of educational documents be 

considered terrorism? 

Last month, the Vietnamese Government decided to change Dr. Nguyen’s 

crime from terrorism to subversion, despite having no grounds for either one 

of those two things. Democracy activists such as Paulus Le Son, Ho Duc 

Hoa, Dan Xuan Dieu all have been detained under article 79, which penalizes 

‘‘carrying out activities aimed at overthrowing the people’s administration.’’ 

When you’re charged with article 79 in 

Vietnam, it carries a maximum of the 

death penalty. 

Father Nguyen Van Ly; Nguyen Van 

Hai, more commonly known as blogger 

Dieu Cay; and Phan Thanh Hai are all 

charged, for example, with article 88, 

which penalizes conducting propaganda 

against the state. And that carries a 

maximum sentence of 12 years. 

So what does House Resolution 484 

do? It addresses these very vague national security provisions, and it calls 

on the Government of Vietnam to 

cease abusing provisions such as articles 79 and 88. Using those articles to 

arrest peaceful democracy advocates, I 

believe, is blatant human rights violations. Vietnam is a signatory to the 

Universal Declaration of Human Rights 

and the International Covenant on 

Civil Rights and Political Rights. However, Vietnam has yet to become a responsible member of the international 

community. Consistently, the Vietnamese Government has denied its citizens the freedoms of religion, of opinion, of speech, of assembly, of the right 

to counsel, of a fair trial. How does this 

government expect to gain the respect 

of the international community when 

they refuse to treat their citizens with 

the same respect? 

House Resolution 484 condemns the 

Government of Vietnam for its continued crackdown against democracy activists and calls on Vietnam to repeal 


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H5846 CONGRESSIONAL RECORD — HOUSE September 11, 2012 

articles 79 and 88. It also calls for release of all political prisoners, writers, 

and bloggers that the only thing 

they’ve asked is to have a more open 

process, to have some civil rights, to 

have some human rights, to be able to 

discuss with each other a new way forward. 

As Americans, we pride ourselves on 

being a country that stands by freedom, by liberty, and by justice. And as 

Members of this United States Congress, we have a responsibility. Other 

countries are watching us. We have a 

responsibility to stand up and to take 

steps and to say enough is enough. 

As the Government of Vietnam continues to criminalize individual rights, 

as it criminalizes basic freedoms, I believe this is an indication that Vietnam is not interested in being a responsible member of the international 

community. We, the United States, 

need to examine our economic and our 

military relationships with Vietnam. 

We must insist on changes to human 

rights in that country. 

I urge my colleagues to vote for 

House Resolution 484 to protect the 

rights and the freedoms of the citizens 

of Vietnam; and in doing so, we protect 

the rights and freedoms of every citizen in this world. 

Ms. ROS-LEHTINEN. Mr. Speaker, I 

continue to reserve the balance of my 

time. 

Mr. BERMAN. Mr. Speaker, I have no 

further requests for time, and I’m prepared, if you’re prepared to close, to 

yield back the balance of my time, and 

I will yield back the balance of my 

time. 

Ms. ROS-LEHTINEN. Just in closing, 

I would hope some of these impassioned 

speakers on behalf of respect for 

human rights, democracy, and the rule 

of law for the people of Vietnam, as 

meritorious as they are, I hope that 

they’re extended to my native homeland of Cuba as well. May we hear 

those voices on the House floor calling 

for those same characteristics for the 

people of Cuba. 

With that, Mr. Speaker, I yield back 

the balance of my time. 

Ms. ZOE LOFGREN of California. Mr. 

Speaker, I rise today in support of H. Res. 

484. I am proud to cosponsor this important 

resolution introduced by my good friend, fellow 

Californian, and co-chair of the Vietnam Caucus, Representative LORETTA SANCHEZ. This 

resolution calls on the Government of the Socialist Republic of Vietnam to respect basic 

human rights and to stop abusing vague national security provisions such as articles 79 

and 88 of the Vietnamese penal code, articles 

which are frequently cited as the justification 

for the arrest and detention of citizens who 

peacefully advocate for religious and political 

freedom. 

The use of these draconian laws to silence 

opposition and maintain one-party control is 

unacceptable and should not be tolerated. I 

strongly urge my colleagues to support this 

resolution, and to speak out for the activists 

whose voices have been silenced by the repressive regime in Vietnam. 

The SPEAKER pro tempore. The 

question is on the motion offered by 

the gentlewoman from Florida (Ms. 

ROS-LEHTINEN) that the House suspend 

the rules and agree to the resolution, 

H. Res. 484, as amended. 

The question was taken; and (twothirds being in the affirmative) the 

rules were suspended and the resolution, as amended, was agreed to. 

A motion to reconsider was laid on 

the table. 

f 

TAIWAN OBSERVER STATUS IN 

THE INTERNATIONAL CIVIL 

AVIATION ORGANIZATION 

Ms. ROS-LEHTINEN. Mr. Speaker, I 

move to suspend the rules and concur 

in the concurrent resolution (S. Con. 

Res. 17) expressing the sense of Congress that Taiwan should be accorded 

observer status in the International 

Civil Aviation Organization (ICAO). 

The Clerk read the title of the concurrent resolution. 

The text of the concurrent resolution 

is as follows: 

S. CON. RES. 17 

Whereas the Convention on International 

Civil Aviation, signed in Chicago, Illinois, on 

December 7, 1944, and entered into force 

April 4, 1947, approved the establishment of 

the International Civil Aviation Organization (ICAO), stating ‘‘The aims and objectives of the Organization are to develop the 

principles and techniques of international 

air navigation and to foster the planning and 

development of international air transport 

so as to . . . meet the needs of the peoples of 

the world for safe, regular, efficient and economical air transport’’; 

Whereas, following the terrorist attacks of 

September 11, 2001, the ICAO convened a 

high-level Ministerial Conference on Aviation Security that endorsed a global strategy 

for strengthening aviation security worldwide and issued a public declaration that ‘‘a 

uniform approach in a global system is essential to ensure aviation security throughout the world and that deficiencies in any 

part of the system constitute a threat to the 

entire global system,’’ and that there should 

be a commitment to ‘‘foster international 

cooperation in the field of aviation security 

and harmonize the implementation of security measures’’; 

Whereas, the 37th ICAO Assembly in October 2010 adopted a Declaration on Aviation 

Security largely in response to the attempted sabotage of Northwest Airlines 

Flight 253 on December 25, 2009, which established new criminal penalties for the use of 

civil aircraft as a weapon, the use of dangerous materials to attack aircraft or other 

targets on the ground, and the unlawful 

transport of biological, chemical, and nuclear weapons and related materials, along 

with extradition arrangements that facilitate cooperation among nations in apprehending and prosecuting those who have undertaken these and other criminal acts; 

Whereas, on October 8, 2010, the Department of State praised the 37th ICAO Assembly on its adoption of the Declaration on 

Aviation Security, but noted that ‘‘because 

every airport offers a potential entry point 

into this global system, every nation faces 

the threat from gaps in aviation security 

throughout the world—and all nations must 

share the responsibility for securing that 

system’’; 

Whereas the Taipei Flight Information Region, under the jurisdiction of Taiwan, ROC, 

covers an airspace of 176,000 square nautical 

miles and provides air traffic control services to over 1,350,000 flights annually, with 

the Taiwan Taoyuan International Airport 

recognized as the 8th and 18th largest airport 

by international cargo volume and number 

of international passengers, respectively; 

Whereas exclusion from the ICAO since 

1971 has impeded the efforts of the Government of Taiwan to maintain civil aviation 

practices that comport with evolving international standards, due to its inability to 

contact the ICAO for up-to-date information 

on aviation standards and norms, secure 

amendments to the organization’s regulations in a timely manner, obtain sufficient 

and timely information needed to prepare for 

the implementation of new systems and procedures set forth by the ICAO, receive technical assistance in implementing new regulations, and participate in technical and academic seminars hosted by the ICAO; 

Whereas the United States, in the 1994 Taiwan Policy Review, clearly declared its support for the participation of Taiwan in appropriate international organizations, in 

particular, on September 27, 1994, with the 

announcement by the Assistant Secretary of 

State for East Asian and Pacific Affairs that, 

pursuant to the Review and recognizing Taiwan’s important role in transnational issues, 

the United States ‘‘will support its membership in organizations where statehood is not 

a prerequisite, and [the United States] will 

support opportunities for Taiwan’s voice to 

be heard in organizations where its membership is not possible’’; and 

Whereas ICAO rules and existing practices 

have allowed for the meaningful participation of noncontracting countries as well as 

other bodies in its meetings and activities 

through granting of observer status: Now, 

therefore, be it 

Resolved by the Senate (the House of Representatives concurring), That it is the sense 

of Congress that— 

(1) meaningful participation by the Government of Taiwan as an observer in the 

meetings and activities of the International 

Civil Aviation Organization (ICAO) will contribute both to the fulfillment of the ICAO’s 

overarching mission and to the success of a 

global strategy to address aviation security 

threats based on effective international cooperation; 

(2) the United States Government should 

take a leading role in garnering international support for the granting of observer 

status to Taiwan in the ICAO for the purpose 

of such participation; and 

(3) the Department of State should provide 

briefings to or consult with Congress on any 

efforts conducted by the United States Government in support of Taiwan’s attainment 

of observer status in the ICAO. 

The SPEAKER pro tempore. Pursuant to the rule, the gentlewoman from 

Florida (Ms. ROS-LEHTINEN) and the 

gentleman from California (Mr. BERMAN) each will control 20 minutes. 

The Chair recognizes the gentlewoman from Florida. 

GENERAL LEAVE

Ms. ROS-LEHTINEN. I ask unanimous consent that all Members may 

have 5 legislative days to revise and extend their remarks and to insert extraneous material into the RECORD on this 

measure. 

The SPEAKER pro tempore. Is there 

objection to the request of the gentlewoman from Florida? 

There was no objection. 

Ms. ROS-LEHTINEN. I yield 3 minutes to the gentleman from California 

(Mr. ROYCE), who has a strong interest 


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