I
103D CONGRESS
2D SESSION
H. R. 4343
To encourage liberty inside the Socialist Republic of Vietnam.
IN THE HOUSE OF REPRESENTATIVES
MAY 4, 1994
Mr. DORNAN (for himself, Mr. GILMAN, Mr. PORTER, Mr. SMITH of New Jer-
sey, Mr. ROHRABACHER, Mr. CUNNINGHAM, Mr. WYNN, Mr. LEVY, Mr.
KING, Mr. WILSON, Mr. SOLOMON, Mr. COX, and Mrs. BENTLEY) intro-
duced the following bill; which was referred to the Committee on Foreign
Affairs
A BILL
To encourage liberty inside 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. STATEMENT OF PRINCIPLES.
(a) PURPOSE.—It is the purpose of this Act to create
principles governing the conduct of commercial coopera-
tion projects of United States nationals in the Socialist
Republic of Vietnam.
(b) PRINCIPLES.—It is the sense of the Congress that
any United States national conducting a commercial co-
operation project in the Socialist Republic of Vietnam
should adhere to the following principles:
(1) Seek to ensure that political or religious
views, sex, ethnic or national background, involve-
ment in political activities or nonviolent demonstra-
tions, or association with suspected or known dis-
sidents will not prohibit hiring, lead to harassment,
demotion, or dismissal, or in any way affect the sta-
tus or terms of employment in the commercial co-
operation project. The United States national should
not discriminate in terms or conditions of employ-
ment in the commercial cooperation project against
former members of the armed forces of the Republic
of Vietnam (South Vietnam), former government of-
ficials of the Republic of Vietnam, former employees
of the United States Government in the Republic of
Vietnam, former employees of United States Govern-
ment officials in the Republic of Vietnam, former
employees of United States enterprises in the Re-
public of Vietnam, and repatriated asylum-seekers
(so-called ‘‘boat people’’).
(2) Ensure that methods of production used in
the commercial cooperation project do not pose an
unnecessary physical danger to workers and neigh-
boring populations and property and that the com-
mercial cooperation project does not unnecessarily
risk harm to the surrounding environment.
(3) Strive to use business enterprises that are
not controlled by the Socialist Republic of Vietnam
or its authorized agents and departments as poten-
tial partners in the commercial cooperation project.
(4) Prohibit any military presence on the prem-
ises of the commercial cooperation project.
(5) Undertake to promote freedom of associa-
tion and assembly among the employees of the Unit-
ed States national, including the right of employees
to form collective bargaining units. The United
States national should protest any infringement by
the Government of the Socialist Republic of Vietnam
of these freedoms to the appropriate authorities of
that government and to the International Labor
Organization.
(6) Prohibit any compulsory political indoc-
trination programs from taking place on the prem-
ises of the operations of the commercial cooperation
project.
(7) Promote freedom of expression, including
the freedom to seek, receive, and impart information
and ideas of all kinds, regardless of frontiers, either
orally, in writing or in print, in the form of art, or
through any media. To this end, the United States
national should raise with appropriate authorities of
the Government of the Socialist Republic of Vietnam
concerns about restrictions on importation of foreign
publications.
(8) Undertake to promote a full accounting of
all Americans missing in action from the Vietnam
conflict.
(c) PROMOTION
OF PRINCIPLES
BY OTHER NA-
TIONS.—The Secretary of State shall forward a copy of
the principles described in subsection (b) to the member
nations of the Organization for Economic Cooperation and
Development and encourage them to promote principles
similar to these principles.
SEC. 2. REGISTRATION REQUIREMENT.
(a) IN GENERAL.—Each United States national con-
ducting a commercial cooperation project in the Socialist
Republic of Vietnam shall register with the Secretary of
State and indicate whether the United States national
agrees to implement the principles described in section
1(b). No fee shall be required for registration under this
subsection.
(b) EFFECTIVE DATE.—The registration require-
ment of subsection (a) shall take effect 6 months after
the date of the enactment of this Act.
SEC. 3. REPORTING REQUIREMENTS.
(a) REPORT.—Each United States national conduct-
ing a commercial cooperation project in the Socialist Re-
public of Vietnam shall report to the Department of State
describing the United States national’s adherence to the
principles described in section 1(b). Such national shall
submit a completed reporting form furnished by the De-
partment of State. The first report shall be submitted not
later than 1 year after the date on which the national reg-
isters under section 2 and not later than the end of each
1-year period occurring thereafter.
(b) REVIEW OF REPORT.—The Secretary of State
shall review each report submitted under subsection (a)
and determine whether the United States national submit-
ting the report is adhering to the principles described in
section 1(b). The Secretary may request additional infor-
mation from the United States national and other sources
to verify the information submitted.
(c) ANNUAL REPORT.—The Secretary of State shall
submit a report to the Congress and to the Secretariat
of the Organization for Economic Cooperation and Devel-
opment, describing the level of adherence to the principles
described in section 1(b) by United States nationals sub-
ject to the reporting requirement of subsection (a). This
report shall be submitted not later than 2 years after the