I 
109TH CONGRESS 
2D SESSION 
H. R. 6386 
To establish the Congressional-Executive Commission on the Socialist 
Republic of Vietnam. 
IN THE HOUSE OF REPRESENTATIVES 
DECEMBER 6, 2006 
Mr. FORTENBERRY introduced the following bill; which was referred to the 
Committee on International Relations, and in addition to the Committee 
on Rules, for a period to be subsequently determined by the Speaker, in 
each case for consideration of such provisions as fall within the jurisdic-
tion of the committee concerned 
A BILL 
To establish the Congressional-Executive Commission on the 
Socialist Republic of Vietnam. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. FINDINGS. 
Congress finds the following: 
(1) The United States and the Socialist Repub-
lic of Vietnam share an important and multifaceted 
bilateral relationship based on a unique and sensitive 
history. 
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(2) The people of the United States and the 
people of Vietnam share the desire to foster hope, 
healing, and mutual prosperity for both countries. 
(3) Congress recognizes the potential benefits of 
Vietnam’s membership in the World Trade Organi-
zation (WTO) and the extension of nondiscrim-
inatory treatment (normal trade relations treatment) 
by the United States to the products of Vietnam on 
mutually beneficial terms. 
(4) The potential benefits from enhanced bilat-
eral trade should not supplant legitimate matters of 
principle involving human rights, the rule of law, 
and religious freedom. 
(5) 
Vietnamese-Americans 
throughout 
the 
United States have emphasized the importance of 
addressing human rights, the rule of law, and reli-
gious freedom in conjunction with consideration of 
legislation to provide for the extension of non-
discriminatory treatment (normal trade relations 
treatment) by the United States to the products of 
Vietnam. 
(6) A specific mechanism to address Vietnam’s 
progress on human rights, the rule of law, and reli-
gious freedom issues in an in-depth manner, focus-
ing on vulnerabilities and areas of particular concern 
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identified by the most recent annual Department of 
State’s Country Reports on Human Rights Practices 
for Vietnam, the Trafficking in Persons Report, and 
the annual report of the United States Commission 
on International Religious Freedom, including 
progress in Vietnam’s Central and Northwest High-
lands, would serve as a valuable resource to com-
plement existing United States Government efforts 
to address these issues and inform future efforts, re-
inforcing and strengthening the outcome of these ef-
forts. 
(7) The Government of Vietnam has made sig-
nificant efforts over the past decade to address the 
concerns of the United States Government regarding 
United States POW/MIA cases. 
(8) The Government of Vietnam has made ef-
forts to improve human rights and religious free-
doms, including efforts to conclude a bilateral agree-
ment with the United States in which the Govern-
ment of Vietnam agreed to take steps to improve re-
ligious freedom, grant amnesties to prisoners of con-
science, establish a new Ordinance on Religion and 
issue instructions to prohibit forced renunciation of 
faith, ease restrictions on the training of clergy, sup-
port fact-finding visits to Vietnam by United States 
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officials and Office of the United Nations High 
Commissioner for Refugees (UNHCR) personnel, 
improve worker rights, and make progress toward 
eliminating human trafficking. 
SEC. 2. ESTABLISHMENT OF CONGRESSIONAL-EXECUTIVE 
COMMISSION ON THE SOCIALIST REPUBLIC 
OF VIETNAM. 
There is established a Congressional-Executive Com-
mission on the Socialist Republic of Vietnam (in this Act 
referred to as the ‘‘Commission’’). 
SEC. 3. FUNCTIONS OF THE COMMISSION. 
(a) 
MONITORING
COMPLIANCE
WITH
HUMAN 
RIGHTS.—The Commission shall monitor the acts of the 
Socialist Republic of Vietnam, with particular emphasis 
on the Montagnard peoples and the Central and North-
west Highlands, which reflect compliance with or violation 
of human rights, in particular, those contained in the 
International Covenant on Civil and Political Rights and 
in the Universal Declaration of Human Rights, including, 
but not limited to, effectively affording— 
(1) the right to engage in free expression with-
out fear of any prior restraints; 
(2) the right to peaceful assembly without re-
strictions, in accordance with international law; 
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(3) religious freedom, including the right to 
worship free of involvement of and interference by 
the government; 
(4) the right to liberty of movement, freedom to 
choose a residence within Vietnam, freedom from co-
ercion in family planning, and the right to leave 
from and return to Vietnam; 
(5) the right of a criminal defendant— 
(A) to be tried in his or her presence, and 
to defend himself or herself in person or 
through legal assistance of his or her own 
choosing; 
(B) to be informed, if he or she does not 
have legal assistance, of the right set forth in 
subparagraph (A); 
(C) to have legal assistance assigned to 
him or her in any case in which the interests 
of justice so require and without payment by 
him or her in any such case if he or she does 
not have sufficient means to pay for it; 
(D) to a fair and public hearing by a com-
petent, independent, and impartial tribunal es-
tablished by the law; 
(E) to be presumed innocent until proved 
guilty according to law; and 
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(F) to be tried without undue delay; 
(6) the right to be free from torture and other 
forms of cruel or unusual punishment; 
(7) protection of internationally recognized 
worker rights; 
(8) freedom from incarceration as punishment 
for political opposition to the government; 
(9) freedom from incarceration as punishment 
for exercising or advocating human rights (including 
those described in this section); 
(10) freedom from arbitrary arrest, detention, 
or exile; and 
(11) the right to fair and public hearings by an 
independent tribunal for the determination of a citi-
zen’s rights and obligations. 
(b) VICTIMS LISTS.—The Commission shall compile 
and maintain lists of persons believed to be imprisoned, 
detained, or placed under house arrest, tortured, or other-
wise persecuted by the Government of the Socialist Repub-
lic of Vietnam due to their pursuit of the rights described 
in subsection (a). In compiling such lists, the Commission 
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 fami-
lies. 
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(c) MONITORING
DEVELOPMENT
OF
RULE
OF 
LAW.—The Commission shall monitor the development of 
the rule of law in the Socialist Republic of Vietnam, with 
particular emphasis on the Montagnard peoples and the 
Central and Northwest Highlands, including, but not lim-
ited to— 
(1) progress toward the development of institu-
tions of democratic governance; 
(2) processes by which statutes, regulations, 
rules, and other legal acts of the Government of 
Vietnam are developed and become binding within 
Vietnam; 
(3) 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; 
(4) the extent to which administrative and judi-
cial decisions are supported by statements of reasons 
that are based upon written statutes, regulations, 
rules, and other legal acts of the Government of 
Vietnam; 
(5) the extent to which individuals are treated 
equally under the laws of Vietnam without regard to 
citizenship; 
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(6) the extent to which administrative and judi-
cial decisions are independent of political pressure or 
governmental interference and are reviewed by enti-
ties of appellate jurisdiction; and 
(7) the extent to which laws in Vietnam are 
written and administered in ways that are consistent 
with international human rights standards, including 
the requirements of the International Covenant on 
Civil and Political Rights. 
(d) BILATERAL COOPERATION.—The Commission 
shall monitor and encourage the development of programs 
and activities of the United States Government and pri-
vate organizations with a view toward increasing the inter-
change of people and ideas between the United States and 
the Socialist Republic of Vietnam and expanding coopera-
tion in areas that include, but are not limited to— 
(1) increasing enforcement of human rights de-
scribed in subsection (a); and 
(2) developing the rule of law in Vietnam. 
(e) CONTACTS WITH NONGOVERNMENTAL ORGANI-
ZATIONS.—In performing the functions described in sub-
sections (a) through (d), the Commission shall, as appro-
priate, seek out and maintain contacts with nongovern-
mental organizations, including receiving reports and up-
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dates from such organizations and evaluating such re-
ports. 
(f) ANNUAL REPORTS.— 
(1) IN GENERAL.—The Commission shall issue 
a report to the President and the Congress not later 
than 12 months after the date of the enactment of 
this Act, and not later than the end of each 12- 
month period thereafter, setting forth the findings of 
the Commission during the preceding 12-month pe-
riod, in carrying out subsections (a) through (c). 
The Commission’s report may contain recommenda-
tions for legislative or executive action. 
(2) COORDINATION.—The report required to be 
issued under paragraph (1) shall be developed in co-
ordination with the findings of the most recent an-
nual Department of State’s Country Reports on 
Human Rights Practices for Vietnam, the Traf-
ficking in Persons Report, and the annual report of 
the United States Commission on International Reli-
gious Freedom. 
(g) SPECIFIC INFORMATION IN ANNUAL REPORTS.— 
The Commission’s report under subsection (f) shall in-
clude specific information as to the nature and implemen-
tation of laws or policies concerning the rights set forth 
in paragraphs (1) through (11) of subsection (a), and as 
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to restrictions applied to or discrimination against persons 
exercising any of the rights set forth in such paragraphs. 
(h) CONGRESSIONAL HEARINGS
ON ANNUAL RE-
PORTS.—(1) The Committee on International Relations of 
the House of Representatives shall, not later than 30 days 
after the receipt by the Congress of the report referred 
to in subsection (f), hold hearings on the contents of the 
report, including any recommendations contained therein, 
for the purpose of receiving testimony from Members of 
Congress, and such appropriate representatives of Federal 
departments and agencies, and interested persons and 
groups, as the committee deems advisable, with a view to 
reporting to the House of Representatives any appropriate 
legislation in furtherance of such recommendations. If any 
such legislation is considered by the Committee on Inter-
national Relations within 45 days after receipt by the Con-
gress of the report referred to in subsection (f), it shall 
be reported by the committee not later than 60 days after 
receipt by the Congress of such report. 
(2) The provisions of paragraph (1) are enacted by 
the Congress— 
(A) as an exercise of the rulemaking power of 
the House of Representatives, and as such are 
deemed a part of the rules of the House, and they 
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supersede other rules only to the extent that they 
are inconsistent therewith; and 
(B) with full recognition of the constitutional 
right of the House to change the rules (so far as re-
lating to the procedure of the House) at any time, 
in the same manner and to the same extent as in 
the case of any other rule of the House. 
(i) SUPPLEMENTAL
REPORTS.—The Commission 
may submit to the President and the Congress reports 
that supplement the reports described in subsection (f), 
as appropriate, in carrying out subsections (a) through 
(c). 
SEC. 4. MEMBERSHIP OF THE COMMISSION. 
(a) SELECTION AND APPOINTMENT OF MEMBERS.— 
The Commission shall be composed of 7 members as fol-
lows: 
(1) Two Members of the House of Representa-
tives appointed by the Speaker of the House of Rep-
resentatives. One member shall be selected from the 
majority party and one member shall be selected, 
after consultation with the minority leader of the 
House, from the minority party. 
(2) Two Members of the Senate appointed by 
the President of the Senate. One member shall be 
selected, after consultation with the majority leader 
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of the Senate, from the majority party, and one 
member shall be selected, after consultation with the 
minority leader of the Senate, from the minority 
party. 
(3) One representative of the Department of 
State, appointed by the President of the United 
States from among officers and employees of that 
Department. 
(4) One representative of the Department of 
Commerce, appointed by the President of the United 
States from among officers and employees of that 
Department. 
(5) One representative of the Department of 
Labor, appointed by the President of the United 
States from among officers and employees of that 
Department. 
(b) CHAIRMAN AND COCHAIRMAN.— 
(1) DESIGNATION OF CHAIRMAN.—At the be-
ginning of each odd-numbered Congress, the Presi-
dent of the Senate, on the recommendation of the 
majority leader of the Senate, shall designate one of 
the members of the Commission from the Senate as 
Chairman of the Commission. At the beginning of 
each even-numbered Congress, the Speaker of the 
House of Representatives shall designate one of the 
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members of the Commission from the House as 
Chairman of the Commission. 
(2) DESIGNATION OF COCHAIRMAN.—At the be-
ginning of each odd-numbered Congress, the Speak-
er of the House of Representatives shall designate 
one of the members of the Commission from the 
House as Cochairman of the Commission. At the be-
ginning of each even-numbered Congress, the Presi-
dent of the Senate, on the recommendation of the 
majority leader of the Senate, shall designate one of 
the members of the Commission from the Senate as 
Cochairman of the Commission. 
SEC. 5. VOTES OF THE COMMISSION. 
Decisions of the Commission, including adoption of 
reports and recommendations to the executive branch or 
to the Congress, shall be made by a majority vote of the 
members of the Commission present and voting. Two- 
thirds of the members of the Commission shall constitute 
a quorum for purposes of conducting business. 
SEC. 6. EXPENDITURE OF APPROPRIATIONS. 
For each fiscal year for which an appropriation is 
made to the Commission, the Commission shall issue a 
report to the Congress on its expenditures under that ap-
propriation. 
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SEC. 7. TESTIMONY OF WITNESSES, PRODUCTION OF EVI-
DENCE; ISSUANCE OF SUBPOENAS; ADMINIS-
TRATION OF OATHS. 
In carrying out this Act, the Commission may re-
quire, by subpoena or otherwise, the attendance and testi-
mony of such witnesses and the production of such books, 
records, correspondence, memoranda, papers, documents, 
and electronically recorded data as it considers necessary. 
Subpoenas may be issued only pursuant to a two-thirds 
vote of members of the Commission present and voting. 
Subpoenas may be issued over the signature of the Chair-
man of the Commission or any member designated by the 
Chairman, and may be served by any person designated 
by the Chairman or such member. The Chairman of the 
Commission, or any member designated by the Chairman, 
may administer oaths to any witness. 
SEC. 8. APPROPRIATIONS FOR THE COMMISSION. 
(a) AUTHORIZATION; DISBURSEMENTS.— 
(1) AUTHORIZATION.—There are authorized to 
be appropriated to the Commission for fiscal year 
2008, and each fiscal year thereafter, such sums as 
may be necessary to enable it to carry out its func-
tions. Appropriations to the Commission are author-
ized to remain available until expended. 
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(2) DISBURSEMENTS.—Appropriations to the 
Commission shall be disbursed on vouchers ap-
proved— 
(A) jointly by the Chairman and the Co-
chairman; or 
(B) by a majority of the members of the 
personnel and administration committee estab-
lished pursuant to section 9. 
(b) FOREIGN TRAVEL FOR OFFICIAL PURPOSES.— 
Foreign travel for official purposes by members and staff 
of the Commission may be authorized by either the Chair-
man or the Cochairman. 
SEC. 9. STAFF OF THE COMMISSION. 
(a) 
PERSONNEL
AND
ADMINISTRATION
COM-
MITTEE.—The Commission shall have a personnel and ad-
ministration committee composed of the Chairman, the 
Cochairman, the member of the Commission from the mi-
nority party of the House of Representatives, and the 
member of the Commission from the minority party of the 
Senate. 
(b) COMMITTEE
FUNCTIONS.—All decisions per-
taining to the appointment, separation, and fixing of pay 
of personnel of the Commission shall be by a majority vote 
of the personnel and administration committee, except 
that— 
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(1) the Chairman shall be entitled to appoint 
and fix the pay of the staff director; and 
(2) the Chairman and Cochairman shall each 
have the authority to appoint, with the approval of 
the personnel and administration committee, at least 
two professional staff members who shall be respon-
sible to the Chairman or the Cochairman (as the 
case may be) who appointed them. Subject to sub-
section (d), the personnel and administration com-
mittee may appoint and fix the pay of such other 
personnel as it considers desirable. 
(c) STAFF APPOINTMENTS.—All staff appointments 
shall be made without regard to the provisions of title 5, 
United States Code, governing appointments in the com-
petitive service, and without regard to the provisions of 
chapter 51 and subchapter III of chapter 53 of such title 
relating to classification and General Schedule pay rates. 
(d) QUALIFICATIONS OF PROFESSIONAL STAFF.— 
The personnel and administration committee shall ensure 
that the professional staff of the Commission consists of 
persons with expertise in areas including human rights, 
internationally recognized worker rights, international eco-
nomics, law (including international law), rule of law and 
other foreign assistance programming, Vietnamese poli-
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