Title: Vietnam Human Rights Act
Policy area: International Affairs

Summary:
Vietnam Human Rights Act
This bill amends various reporting requirements related to foreign assistance and human rights. It also authorizes various aid programs related to Vietnam.
In its annual reports to Congress on human rights in foreign countries and U.S. security assistance programs, the Department of State shall include assessments of online freedom of expression in each country, including efforts by governments to censor information, punish individuals for their speech, and monitor communications.
The State Department's annual report on human rights in Vietnam shall include information regarding the country's progress in various areas, including with respect to ending torture and violence against religious groups and returning property improperly confiscated by the Vietnamese government.
The bill authorizes the State Department to establish programs to (1) monitor and halt sex trafficking of women from Vietnam and other Asian countries, and (2) address Vietnam's growing sex-ratio disparity. It authorizes the President to provide assistance for ethnic minority groups in Vietnam affected by human rights violations and directs the State Department to report on such efforts.

[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1383 Introduced in House (IH)]

<DOC>






116th CONGRESS
  1st Session
                                H. R. 1383

    To advance United States national interests by prioritizing the 
 protection of internationally recognized human rights and development 
of the rule of law in relations between the United States and Vietnam, 
                        and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                           February 26, 2019

 Mr. Smith of New Jersey (for himself, Ms. Lofgren, and Mr. Lowenthal) 
 introduced the following bill; which was referred to the Committee on 
                            Foreign Affairs

_______________________________________________________________________

                                 A BILL


 
    To advance United States national interests by prioritizing the 
 protection of internationally recognized human rights and development 
of the rule of law in relations between the United States and Vietnam, 
                        and for other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    (a) Short Title.--This Act may be cited as the ``Vietnam Human 
Rights Act''.
    (b) Table of Contents.--The table of contents for this Act is as 
follows:

Sec. 1. Short title.
Sec. 2. Statement of policy.
Sec. 3. Release of political and religious prisoners in Vietnam.
Sec. 4. Application of Global Magnitsky Human Rights Accountability 
                            Act.
Sec. 5. International religious freedom.
Sec. 6. Internet freedom.
Sec. 7. Annual country reports on human rights practices.
Sec. 8. United States assistance to support counting of women and girls 
                            in Vietnam.
Sec. 9. Illegal expropriation of properties of United States citizens 
                            by the Government of Vietnam.
Sec. 10. Prioritize ethnic minority development in Vietnam.
Sec. 11. United States public diplomacy.
Sec. 12. Sense of Congress on sales of lethal military equipment or 
                            services to the Government of Vietnam.
Sec. 13. Annual reports on United States-Vietnam human rights dialogue 
                            meetings.
Sec. 14. Restrictions on nonhumanitarian assistance to the Government 
                            of Vietnam.

SEC. 2. STATEMENT OF POLICY.

    (a) Statement of Policy.--It is the policy of the United States 
to--
            (1) support a strong, prosperous, and independent Vietnam 
        that promotes and protects human rights, embraces fully the 
        rule of law, and allows an open space for civil society, media, 
        and independent religious institutions and labor unions;
            (2) strengthen the bilateral relationship with Vietnam 
        while recognizing that continued progress and the success of 
        the United States-Vietnam strategic partnership will depend on 
        the Government of Vietnam's commitment to abide by its 
        international commitments, adhere to universal standards, and 
        protect the fundamental human rights of the Vietnamese people;
            (3) hold an annual results-based dialogue focused on human 
        rights issues with senior officials of the Government of 
        Vietnam, informed by prior consultation with the Vietnamese-
        American community, human rights groups, and other experts and 
        nongovernmental organizations about issues of concern;
            (4) embed human rights concerns across the full spectrum of 
        official interactions between the Government of the United 
        States and the Government of Vietnam, including in all aspects 
        of the United States-Vietnam Comprehensive Partnership, 
        recognizing the relevance of human rights improvements in 
        Vietnam for United States national interests and the relevance 
        of a ``whole of government'' approach to human rights promotion 
        that views concrete improvements as key parts of an ongoing 
        discussions on trade, security, humanitarian cooperation, and 
        economic development;
            (5) assess Vietnam's progress toward respecting the basic 
        rights of workers, as described in each report required by 
        section 702 of the Foreign Relations Authorization Act, Fiscal 
        Year 2003 (Public Law 107-228; 22 U.S.C. 2151n note) and in 
        light of the commitments specified in the United States-Vietnam 
        Plan for Enhancement of Trade and Labor Relations, 
        notwithstanding the fact that the Trans Pacific Partnership did 
        not go into effect;
            (6) press for ratification of ILO Conventions No. 87 
        (Freedom of Association and Protection of the Right to 
        Organize) and No. 98 (Right to Organize and Collective 
        Bargaining) and the recognition of independent labor unions;
            (7) evaluate future trade negotiations with the Government 
        of Vietnam in accordance with the criteria set forth for 
        country eligibility under subsections (b)(2) and (c) of section 
        502 of the Trade Act of 1974 (19 U.S.C. 2462), relating to the 
        Generalized System of Preferences, and in accordance with the 
        provisions of the Bipartisan Congressional Trade Priorities and 
        Accountability Act of 2015 (title I of Public Law 114-26; 19 
        U.S.C. 4201 et seq.);
            (8) assess whether there are any foreign persons working 
        directly or indirectly for the Government of Vietnam who, based 
        on credible evidence--
                    (A) are responsible for extrajudicial killings, 
                torture, enforced disappearances, or prolonged 
                detention without trial against individuals in Vietnam 
                who seek--
                            (i) to expose illegal activity carried out 
                        by government officials; or
                            (ii) to obtain, exercise, defend, or 
                        promote internationally recognized human rights 
                        and freedoms, such as the freedoms of religion, 
                        expression, association, and assembly, and the 
                        rights to a fair trial and democratic 
                        elections;
                    (B) acted as agents of or on behalf of a foreign 
                person in a matter relating to an activity described in 
                subparagraph (A);
                    (C) are government officials, or senior associates 
                of any such official, who are responsible for, or 
                complicit in, ordering, controlling, or otherwise 
                directing, acts of significant corruption, including 
                the expropriation of private or public assets for 
                personal gain, corruption related to government 
                contracts or the extraction of natural resources, 
                bribery, or the facilitation or transfer of the 
                proceeds of corruption to foreign jurisdictions; or
                    (D) have materially assisted, sponsored, or 
                provided financial, material, or technological support 
                for, or goods or services in support of, an activity 
                described in subparagraph (C).

SEC. 3. RELEASE OF POLITICAL AND RELIGIOUS PRISONERS IN VIETNAM.

    (a) Findings.--Congress finds the following:
            (1) Since January 2017 at least 35 human rights activists 
        and bloggers have been arrested in Vietnam. Nineteen of these 
        individuals have already been convicted and sentenced to jail 
        terms and the other 16 individuals have been formally charged 
        and placed in pre-trial detention. These individuals have been 
        sentenced to an estimated 1,000 years of imprisonment to be 
        followed by 204 years under house arrest.
            (2) There are over 100 Vietnamese currently detained or 
        imprisoned for political or religious reasons. Prisoners 
        include human rights defenders, bloggers, lawyers, religious 
        leaders, trade unionists, land rights activists, political 
        dissidents, environmental campaigners, and others arrested for 
        exercising their internationally guaranteed rights, such as the 
        right to freedom of expression, to promote and protect the 
        rights of others.
            (3) There are also a significant number of religious 
        prisoners affiliated with independent religious communities, 
        including some who have actively engaged in the promotion and 
        protection of freedom of religion and others who have been 
        detained simply for professing or practicing their faith 
        outside government approved limits.
            (4) The charges most commonly used against political and 
        religious prisoners include charges under--
                    (A) Article 79 (relating to carrying out activities 
                aimed at overthrowing the people's administration);
                    (B) Article 87 (relating to undermining national 
                unity policy);
                    (C) Article 88 (relating to conducting propaganda 
                against the Government of Vietnam);
                    (D) Article 89 (relating to disrupting security);
                    (E) Article 245 (relating to causing public 
                disorder);
                    (F) Article 247 (relating to performing 
                superstitious practices);
                    (G) Article 257 (relating to resisting persons in 
                the performance of their official duties); and
                    (H) Article 258 (relating to abusing democratic 
                freedoms to infringe upon the interests of the state).
            (5) In 2013, the Prime Minister of Vietnam issued Decree 72 
        to further restrict internet freedom in Vietnam.
    (b) Repeal of Certain Laws and Administrative Decrees.--The 
Secretary of State, in discussions with the Government of Vietnam, 
should--
            (1) urge the Government of Vietnam to repeal laws and 
        administrative decrees restricting freedom of expression, 
        association, and peaceful assembly in Vietnam, including laws 
        relating to ``propaganda against the state'' and ``taking 
        advantage of democratic freedoms to injure the national 
        unity'';
            (2) urge the Government of Vietnam to repeal articles 109, 
        116, 117, 118, and 331 of the Penal Code and bring its penal 
        code in conformity with the International Covenant on Civil and 
        Political Rights (ICCPR);
            (3) urge the Government of Vietnam to revise the Law on 
        Cyber Security and bring it into compliance with international 
        human rights standards; and
            (4) urge the Government of Vietnam--
                    (A) to stop arresting prodemocracy bloggers and 
                other individuals who use the internet to criticize the 
                government; and
                    (B) to release those prodemocracy bloggers who are 
                imprisoned.
    (c) Release of Political and Religious Prisoners.--The Secretary of 
State, in discussions with the Government of Vietnam, should seek, as a 
critical condition of stronger United States-Vietnam relations, the 
immediate and unconditional release all political and religious 
prisoners, including Dao Quang Thuc, Tran Thi Xuan, Nguyen Van Tuc, 
Nguyen Bac Truyen, Pham Van Troi, Pastor Nguyen Trung Ton, Truong Minh 
Duc, Nguyen Trung Truc, and the Most Venerable Thich Quang Do.

SEC. 4. APPLICATION OF GLOBAL MAGNITSKY HUMAN RIGHTS ACCOUNTABILITY 
              ACT.

    Officials of the Government of Vietnam who are responsible for or 
complicit in torture, extrajudicial killings, the arbitrary detention 
of political and religious prisoners, or other gross violations of 
internationally recognized human rights should be, as warranted, 
sanctioned consistent with section 1263 of the Global Magnitsky Human 
Rights Accountability Act (subtitle F of division A of title XII of the 
National Defense Authorization Act for Fiscal Year 2017 (Public Law 
114-328; 22 U.S.C. 2656 note)).

SEC. 5. INTERNATIONAL RELIGIOUS FREEDOM.

    (a) Findings.--Congress finds the following:
            (1) The promotion and protection of the universally 
        recognized right to the freedom of religion is a priority of 
        United States foreign policy as stated in section 402 of the 
        International Religious Freedom Act of 1998 (22 U.S.C. 6442) 
        and the Bipartisan Congressional Trade Priorities and 
        Accountability Act of 2015 (title I of Public Law 114-26; 19 
        U.S.C. 4201 et seq.) which requires the Administration to take 
        religious freedom into account when negotiating trade 
        agreements.
            (2) Countries that protect religious freedom are more 
        prosperous, stable, peaceful and democratic. Thus, the severe 
        restrictions faced by religious groups in Vietnam, such as 
        members of the United Buddhist Church of Vietnam (UBCV), 
        Catholics, and independent Hoa Hao Buddhists, Cao Dai, and 
        Protestants groups, are detrimental to the interests of both 
        the United States and Vietnam.
            (3) Since 2016, the Government of Vietnam has reportedly 
        stepped up its efforts to force Montagnard and Hmong Christians 
        to renounce their faith, expropriate lands and other real 
        properties belonging to independent religious communities, 
        destroy Hoa Hao Buddhist and Cao Dai houses of worship, and 
        arrest and detain religious leaders. Religious leaders and 
        advocates of religious freedom remain in prison.
    (b) Statement of Policy.--Since the protection of religious freedom 
is vital to peace, stability, and prosperity, and countries with the 
highest levels of restrictions on religious freedom are often those 
countries seeking to undermine United States national interests, it is 
the policy of the United States to--
            (1) prioritize religious freedom in bilateral relations, 
        including with the Government of Vietnam, by fully implementing 
        the provisions of the Frank R. Wolf International Religious 
        Freedom Act (Public Law 114-281); and
            (2) strategically employ sanctions and other tools under 
        the International Religious Freedom Act of 1998 (22 U.S.C. 6401 
        et seq.).
    (c) Sense of Congress.--It is the sense of Congress that--
            (1) Vietnam should be designated as a country of particular 
        concern for religious freedom under section 402(b) of the 
        International Religious Freedom Act of 1998 (22 U.S.C. 6442(b)) 
        because there are a significant number of individuals 
        imprisoned for their religious activity or advocacy for 
        religious freedom and for ``systematic, egregious, and 
        ongoing'' violations of religious freedom;
            (2) the President, in making the annual designations under 
        section 402(b) of such Act, should take into account the annual 
        report of the United States Commission on International 
        Religious Freedom under section 203 of such Act and the 
        Commission's assessment that the designation of Vietnam as a 
        country of particular concern for religious freedom from 2004 
        to 2006 led to tangible improvements in religious freedom 
        conditions while trade and security cooperation increased; and
            (3) because the Government of Vietnam tightly controls 
        religious institutions and then persecutes those individuals 
        who establish or operate independent religious institutions and 
        genuinely nongovernmental organizations, the Secretary of State 
        should--
                    (A) use all available diplomatic, development, 
                economic assistance, and political tools to ensure that 
                independent religious and civil society organizations 
                can operate freely and without restriction in Vietnam; 
                and
                    (B) raise these issues in all appropriate 
                statements, dialogues, reports, and negotiations 
                between the United States and Vietnam and in multi-
                lateral institutions where the United States and 
                Vietnam are members.

SEC. 6. INTERNET FREEDOM.

    (a) Finding.--Congress finds that Vietnam continues to have one of 
the world's most restrictive internet environments, with pervasive 
filtering of content and the frequent arrests of bloggers and others 
whose only offense is to advocate online for positions different than 
those held by the government.
    (b) Statement of Policy.--
            (1) Finding.--Congress finds that a free and open internet 
        and the free flow of news and information--
                    (A) are fundamental components of United States 
                foreign policy because they foster economic growth, 
                protect individual liberties, and advance national 
                security;
                    (B) are critical to the advancement of both United 
                States economic interests and internationally 
                recognized human rights globally; and
                    (C) are severely hindered by Vietnam's 
                Cybersecurity Law which would allow the Vietnamese 
                Government to access private data, spy on users, 
                require United States businesses to turn over 
                personally identifiable information or block content of 
                users, including outside of Vietnam, and further 
                restrict already limited online speech.
            (2) Statement of policy.--It is the policy of the United 
        States to--
                    (A) pursue an open and free internet in Vietnam;
                    (B) engage all appropriate instruments of United 
                States influence to promote the free flow of news and 
                information in Vietnam, without interference or 
                discrimination through the internet and other 
                electronic media; and
                    (C) assist United States businesses in Vietnam 
                which are required to store data locally and disclose 
                user data or block user content at the request of 
                government authorities in resisting such mandates.
    (c) Sense of Congress.--It is the sense of Congress that--
            (1) the United States should pursue trade policies with 
        Vietnam that expand the information economy in Vietnam by--
                    (A) ensuring the free flow of information and 
                across the global network;
                    (B) promoting stronger international transparency 
                rules; and
                    (C) ensuring fair and equal treatment of online 
                services regardless of country of origin;
            (2) that Department of State, together with the Department 
        of Commerce, should assist United States internet companies to 
        fulfill their stated missions to promote openness and 
        connectivity by pushing back against the Vietnamese 
        Government's requests to remove political speech or the content 
        of citizen journalists, especially when content is removed from 
        the accounts of users in the United States; and
            (3) the Office of Internet Freedom within the United States 
        Agency for Global Media and the Internet Freedom and Business 
        and Human Rights Section within the Bureau of Democracy, Human 
        Rights, and Labor of the Department of State should 
        prioritize--
                    (A) the distribution of anti-censorship 
                circumvention tools for computers and smart phones in 
                Vietnam; and
                    (B) projects to ensure the safety and privacy of 
                bloggers and journalists in Vietnam.

SEC. 7. ANNUAL COUNTRY REPORTS ON HUMAN RIGHTS PRACTICES.

    (a) Report Relating to Economic Assistance.--Section 116 of the 
Foreign Assistance Act of 1961 (22 U.S.C. 2151n) is amended by adding 
at the end the following new subsection:
    ``(h)(1) The report required by subsection (d) shall include an 
assessment of freedom of expression with respect to electronic 
information in each foreign country. Such assessment shall consist of 
the following:
            ``(A) An assessment of the extent to which government 
        authorities in each country inappropriately attempt to filter, 
        censor, or otherwise block or remove nonviolent expression of 
        political or religious opinion or belief via the internet, 
        including electronic mail, as well as a description of the 
        means by which such authorities attempt to block or remove such 
        expression.
            ``(B) An assessment of the extent to which government 
        authorities in each country have persecuted or otherwise 
        punished an individual or group for the nonviolent expression 
        of political, religious, or ideological opinion or belief via 
        the internet, including electronic mail.
            ``(C) An assessment of the extent to which government 
        authorities in each country have sought to inappropriately 
        collect, request, obtain, or disclose personally identifiable 
        information of a person in connection with such person's 
        nonviolent expression of political, religious, or ideological 
        opinion or belief, including expression that would be protected 
        by the International Covenant on Civil and Political Rights.
            ``(D) An assessment of the extent to which wire 
        communications and electronic communications are monitored 
        without regard to the principles of privacy, human rights, 
        democracy, and rule of law.
    ``(2) In compiling data and making assessments for the purposes of 
paragraph (1), United States diplomatic personnel shall consult with 
human rights organizations, technology and internet companies, and 
other appropriate nongovernmental organizations.
    ``(3) In this subsection--
            ``(A) the term `electronic communication' has the meaning 
        given such term in section 2510 of title 18, United States 
        Code;
            ``(B) the term `internet' has the meaning given such term 
        in section 231(e)(3) of the Communications Act of 1934 (47 
        U.S.C. 231(e)(3));
            ``(C) the term `personally identifiable information' means 
        data in a form that identifies a particular person; and
            ``(D) the term `wire communication' has the meaning given 
        such term in section 2510 of title 18, United States Code.''.
    (b) Report Relating to Security Assistance.--Section 502B of the 
Foreign Assistance Act of 1961 (22 U.S.C. 2304) is amended--
            (1) by redesignating the second subsection (i) (relating to 
        child marriage status) as subsection (j); and
            (2) by adding at the end the following new subsection:
    ``(k)(1) The report required by subsection (b) shall include an 
assessment of freedom of expression with respect to electronic 
information in each foreign country. Such assessment shall consist of 
the following:
            ``(A) An assessment of the extent to which government 
        authorities in each country inappropriately attempt to filter, 
        censor, or otherwise block or remove nonviolent expression of 
        political or religious opinion or belief via the internet, 
        including electronic mail, as well as a description of the 
        means by which such authorities attempt to block or remove such 
        expression.
            ``(B) An assessment of the extent to which government 
        authorities in each country have persecuted or otherwise 
        punished an individual or group for the nonviolent expression 
        of political, religious, or ideological opinion or belief via 
        the internet, including electronic mail.
            ``(C) An assessment of the extent to which government 
        authorities in each country have sought to inappropriately 
        collect, request, obtain, or disclose personally identifiable 
        information of a person in connection with such person's 
        nonviolent expression of political, religious, or ideological 
        opinion or belief, including expression that would be protected 
        by the International Covenant on Civil and Political Rights.
            ``(D) An assessment of the extent to which wire 
        communications and electronic communications are monitored 
        without regard to the principles of privacy, human rights, 
        democracy, and rule of law.
    ``(2) In compiling data and making assessments for the purposes of 
paragraph (1), United States diplomatic personnel shall consult with 
human rights organizations, technology and internet companies, and 
other appropriate nongovernmental organizations.
    ``(3) In this subsection--
            ``(A) the term `electronic communication' has the meaning 
        given such term in section 2510 of title 18, United States 
        Code;
            ``(B) the term `internet' has the meaning given such term 
        in section 231(e)(3) of the Communications Act of 1934 (47 
        U.S.C. 231(e)(3));
            ``(C) the term `personally identifiable information' means 
        data in a form that identifies a particular person; and
            ``(D) the term `wire communication' has the meaning given 
        such term in section 2510 of title 18, United States Code.''.

SEC. 8. UNITED STATES ASSISTANCE TO SUPPORT COUNTING OF WOMEN AND GIRLS 
              IN VIETNAM.

    (a) Findings.--Congress finds the following:
            (1) Vietnam remains a ``source and, to a lesser extent, a 
        destination country . . . for sex trafficking and forced 
        labor.''.
            (2) Vietnamese men and women are subject to forced labor in 
        ``rehabilitation'' centers, detention centers, and prisons and, 
        according to the 2016 Annual Report on Trafficking in Persons.
            (3) Vietnamese migrants working in ``state-owned, private, 
        or joint-stock companies'' live in ``situations of 
        exploitation'' in the construction, fishing, agriculture, 
        mining, logging and manufacturing sectors in other countries.
    (b) Implementation of the Girls Count Act of 2015 in Vietnam.--
            (1) Findings.--Congress finds the following:
                    (A) Vietnam's male to female sex-ratio disparity 
                has increased despite the Vietnamese Government's 
                ending of its policy limiting married couples to 2 
                children.
                    (B) Experts believe sex ratio disparities have 
                critical economic and social ramifications that effect 
                United States interests, exacerbating the 
                vulnerabilities of women to trafficking, child 
                marriage, and reducing the ability of women to seek 
                employment and participate in educational opportunities 
                and civil society.
            (2) Authorization.--The Secretary of State is authorized to 
        establish and support programs to--
                    (A) monitor and halt bride and sex trafficking of 
                girls and women in Vietnam and women from other 
                countries in Asia, including China, as appropriate; and
                    (B) address Vietnam's growing sex-ratio disparity 
                through economic support and technical assistance 
                projects as described in section 4(a) of the Girls 
                Count Act of 2015 (Public Law 114-24; 22 U.S.C. 2151 
                note).

SEC. 9. ILLEGAL EXPROPRIATION OF PROPERTIES OF UNITED STATES CITIZENS 
              BY THE GOVERNMENT OF VIETNAM.

    (a) Findings.--Congress finds the following:
            (1) The Government of Vietnam has used property 
        expropriation both to target independent churches and religious 
        communities and to retaliate against individuals who opposed 
        the Vietnamese Government or Communist Party or disagreed with 
        their policies.
            (2) In November 2003, Vietnam's National Assembly passed 
        Resolution 23/2003/QH11 and Land Law 13/2003/QH11, which have 
        resulted in the expropriation of properties of Vietnamese 
        Americans, and ended any possible recourse for United States 
        citizens to reclaim their properties.
    (b) Statement of Policy.--It shall be the policy of the United 
States to convey to the Government of Vietnam that--
            (1) relevant United States law protects properties of 
        United States citizens against illegal expropriation by foreign 
        governments; and
            (2) any decision to grant eligibility to the Government of 
        Vietnam under the Generalized System of Preferences under title 
        V of the Trade Act of 1974, to provide United States foreign 
        assistance to Vietnam under the Foreign Assistance Act of 1961, 
        and to provide United States support for loans from 
        international financial institutions for Vietnam will be 
        contingent upon whether and the extent to which the Government 
        of Vietnam has illegally expropriated properties of United 
        States citizens.

SEC. 10. PRIORITIZE ETHNIC MINORITY DEVELOPMENT IN VIETNAM.

    (a) Findings.--Congress finds that--
            (1) ethnic minority groups in Vietnam face both economic 
        pressure, discrimination, and violations of internationally 
        recognized human rights; and
            (2) in prior years, Congress has directed that funds made 
        available for Economic Support Fund and technical assistance 
        for Vietnam be used to ``address the needs of affected 
        communities and individuals'' in ethnic minority communities, 
        targeting specifically those areas and regions with the highest 
        concentration of human rights violations.
    (b) Prioritizing Ethnic Minority Development.--
            (1) In general.--The President is authorized to provide 
        assistance to address the unique needs of ethnic minority 
        groups in Vietnam affected by past or current severe human 
        rights violations, including violations of the right to 
        religious freedom, expression, and association.
            (2) Availability of amounts.--Amounts made available to 
        carry out chapter 4 of part II of the Foreign Assistance Act of 
        (22 U.S.C. 2346 et seq.) for economic support programs for 
        Vietnam are authorized to be made available to carry out 
        paragraph (1).
    (c) Consultations.--The Secretary of State shall, in identifying 
ethnic minority groups in Vietnam for purposes of subsection (b), 
consult with relevant nongovernmental organizations, including--
            (1) Vietnamese-American and representatives of ethnic 
        minority groups in Vietnam; and
            (2) the United States Commission on International Religious 
        Freedom.
    (d) Report.--
            (1) In general.--The Secretary of State, in consultation 
        with the Administrator of the United States Agency for 
        International Development, shall submit to the appropriate 
        congressional committees a report on the implementation of this 
        section, including a description of--
                    (A) programs, projects, and activities to carry out 
                subsection (b); and
                    (B) consultations with nongovernmental 
                organizations and the United States Commission on 
                International Religious Freedom in accordance with 
                subsection (c).
            (2) Inclusion in annual reports on united states-vietnam 
        human rights dialogue meetings.--The report required by 
        paragraph (1) may be submitted to the appropriate congressional 
        committees as part of the report required under section 702 of 
        the Foreign Relations Authorization Act, Fiscal Year 2003 
        (Public Law 107-228; 22 U.S.C. 2151n note), as amended by 
        section 13 of this Act.

SEC. 11. UNITED STATES PUBLIC DIPLOMACY.

    (a) Radio Free Asia Transmissions to Vietnam.--It is the sense of 
Congress that--
            (1) the United States should take measures to overcome the 
        jamming of Radio Free Asia by the Government of Vietnam; and
            (2) the United States Agency for Global Media should 
        maintain current levels of funding for the Vietnamese language 
        services of the Voice of America and Radio Free Asia.
    (b) United States Educational and Cultural Exchange Programs With 
Vietnam.--It is the sense of Congress that any programs of educational 
and cultural exchange between the United States and Vietnam--
            (1) should actively promote progress toward freedom and 
        democracy in Vietnam by providing opportunities to Vietnamese 
        nationals from a wide range of occupations and perspectives to 
        see freedom and democracy in action and, also, by ensuring that 
        Vietnamese nationals who have already demonstrated a commitment 
        to these values are included in such programs; and
            (2) should also recognize and find ways to assist Vietnam's 
        religious and ethnic diversity.

SEC. 12. SENSE OF CONGRESS ON SALES OF LETHAL MILITARY EQUIPMENT OR 
              SERVICES TO THE GOVERNMENT OF VIETNAM.

    It is the sense of Congress that any sale of lethal defense 
articles or defense services under section 38 of the Arms Export 
Control Act (22 U.S.C. 2778) to the Government of Vietnam, other than a 
sale of such articles or services with respect to which the President 
determines is directly related to ensuring United States interests in 
the free and open navigation of the South China Sea, should be 
conditioned upon additional, significant, and sustained steps to 
advance internationally recognized human rights.

SEC. 13. ANNUAL REPORTS ON UNITED STATES-VIETNAM HUMAN RIGHTS DIALOGUE 
              MEETINGS.

    Section 702 of the Foreign Relations Authorization Act, Fiscal Year 
(Public Law 107-228; 22 U.S.C. 2151n note) is amended by adding at the 
end the following:
            ``(9) Ending incidents of torture, police beatings, deaths 
        in police custody, and mob or societal violence targeting 
        religious groups or dissidents.
            ``(10) Returning properties of independent religious 
        communities or organizations that have been reportedly 
        expropriated by the Government of Vietnam or by government-
        sanctioned religious organizations.
            ``(11) Addressing individual claims by United States 
        citizens whose properties have been expropriated by the 
        Government of Vietnam without effective, prompt, and fair 
        compensation.
            ``(12) Implementing section 4 of the Girls Count Act of 
        (Public Law 114-24; 22 U.S.C. 2151 note) and how such section 
        has been applied in Vietnam.
            ``(13) Implementing economic development projects funded by 
        the Ethnic Minority Development Fund and progress of each such 
        project.
            ``(14) Ensuring internet freedom and specific efforts to 
        ensure the safety and privacy of Vietnamese bloggers and 
        journalists on the internet or other forms of electronic 
        communication.''.

SEC. 14. RESTRICTIONS ON NONHUMANITARIAN ASSISTANCE TO THE GOVERNMENT 
              OF VIETNAM.

    (a) Sense of Congress.--It is the sense of Congress that except as 
provided in subsection (b), the Secretary of State should consider 
restricting certain assistance to the Government of Vietnam unless--
            (1) the Government of Vietnam makes substantial progress 
        toward releasing all political and religious prisoners from 
        imprisonment, house arrest, and other forms of detention;
            (2) the Government of Vietnam has made substantial progress 
        toward--
                    (A) respecting the right to freedom of religion, 
                including the right to participate in religious 
                activities and institutions without interference, 
                harassment, or involvement of the Government, for all 
                of Vietnam's diverse religious communities; and
                    (B) returning estates and properties confiscated 
                from the churches and religious communities;
            (3) the Government of Vietnam has made substantial progress 
        toward respecting the right to freedom of expression, assembly, 
        and association, including the release of independent 
        journalists, bloggers, and democracy and labor activists;
            (4) the Government of Vietnam has made substantial progress 
        toward repealing or revising laws that criminalize peaceful 
        dissent, independent media, unsanctioned religious activity, 
        and nonviolent demonstrations and rallies, in accordance with 
        international standards and treaties to which Vietnam is a 
        party;
            (5) the Government of Vietnam has made substantial progress 
        toward allowing Vietnamese nationals free and open access to 
        United States refugee programs;
            (6) the Government of Vietnam has made substantial progress 
        toward respecting the human rights of members of all ethnic and 
        minority groups; and
            (7) neither any official of the Government of Vietnam nor 
        any agency or entity wholly or partly owned by the Government 
        of Vietnam was complicit in a severe form of trafficking in 
        persons, or the Government of Vietnam took all appropriate 
        steps to end any such complicity and hold such official, 
        agency, or entity fully accountable for such conduct.
    (b) Application.--The restriction described in subsection (a) shall 
not apply to assistance under the Foreign Assistance Act of 1961 for 
the following purposes:
            (1) Disaster relief assistance, including any assistance 
        under chapter 9 of part I of such Act.
            (2) Assistance which involves the provision of food 
        (including monetization of food) or medicine.
            (3) Assistance for environmental remediation of dioxin-
        contaminated sites and related health activities.
            (4) Assistance to combat severe forms of trafficking in 
        persons (as such term is defined in section 103 of the 
        Trafficking Victims Protection Act of 2000 (22 U.S.C. 7102)).
            (5) Assistance to combat pandemic diseases.
            (6) Assistance for refugees.
            (7) Assistance to combat HIV/AIDS, including any assistance 
        under section 104A of such Act.
                                 <all>