Vietnam Human Rights Act of 2004

Bill: 108-hr-1587
Sponsor: Rep. Smith, Christopher H. [R-NJ-4]
Introduced: 2003-04-03 in the House
Policy area: International Affairs
Subjects: Administration of justice
American investments
Armed Forces and National Security
Arms control
Arms sales
Arrest
Arts, Culture, Religion
Cambodia
Charities
Civil Rights and Liberties, Minority Issues
Congress
Congress and foreign policy
Congressional oversight
Congressional reporting requirements
Crime and Law Enforcement
Cultural relations
Democracy
Deportation
Detention of persons
Development credit institutions
Dissenters
Due process of law
East Asia
Economic assistance
Education
Educational exchanges
Elementary and secondary education
Employee rights
Equality before the law
Ethnic relations
Export finance
Expropriation
Foreign Trade and International Finance
Foreign loans
Freedom of association
Freedom of speech
Government Operations and Politics
Government paperwork
Government publicity
Higher education
Human rights
Immigration
International broadcasting
Investment guaranty insurance
Labor and Employment
Law
Legal aid
Legal services
Military assistance
Minorities
Misconduct in office
Nongovernmental organizations
Political persecution
Political prisoners
President and foreign policy
Prosecution
Prostitution
Punishment
Radio broadcasting
Refugees
Religion
Religious liberty
Right of assembly
Right of asylum
Right of property
Right to counsel
Right to travel
Rule of law
Science, Technology, Communications
Slavery
Social Welfare
Suspects' rights
Torture
Transportation and Public Works
Vietnam

Summary:
action_date: 2003-04-03
text: Viet Nam Human Rights Act of 2003 - Prohibits U.S. nonhumanitarian assistance to the Government of Viet Nam (except for any program assisted in FY 2003) unless the President certifies to Congress that: (1) the Government of Viet Nam has made substantial progress toward releasing all political and religious prisoners from imprisonment, including respecting freedom of religion and the human rights of members of ethnic minority groups in the Central Highlands or elsewhere in Viet Nam; and (2) neither any official of the Government of Viet Nam nor any entity owned by such Government was complicit in a severe form of trafficking in persons (or the Government of Viet Nam took appropriate steps to end such complicity). Authorizes the President to waive such requirements if increased U.S. nonhumanitarian assistance would promote the purposes of this Act or is otherwise in the U.S. national interest. 
Requires the President to ensure that certain human rights requirements are applied to multilateral nonhumanitarian assistance to Viet Nam by specified international financial institutions. 
Authorizes the President to provide U.S. assistance, through appropriate nongovernmental organizations, for the support of individuals and organizations to promote human rights and nonviolent democratic change in Viet Nam. 
Declares it is U.S. policy: (1) to take such measures as are necessary to overcome the jamming of Radio Free Asia by the Government of Viet Nam; and (2) that educational and cultural exchange programs with Viet Nam should promote progress toward freedom and democracy. 
Declares it is U.S. policy to offer refugee resettlement to Viet Nam nationals (including members of the Montagnard ethnic minority groups) who are eligible for the Orderly Departure Program or any other U.S. refugee program, but who were deemed ineligible for reasons of administrative error or certain circumstances beyond their control. 
Directs the Secretary of State to report annually to Congress on: (1) whether requirements in the President's determination and certification have been met, or on the President's waiver of such requirements; (2) U.S. efforts to secure transmission sites for Radio Free Asia in countries close to Viet Nam; (3) efforts to ensure that educational and cultural exchange programs with Viet Nam promote certain participation policies; (4) U.S. steps to offer refugee resettlement to certain Viet Nam nationals; (5) actions of the Government of Viet Nam reflecting compliance with or violation of human rights; (6) lists of persons believed to be persecuted by the Government of Viet Nam for their pursuit of human rights; and (7) a description of projects funded by multilateral organizations operating in Viet Nam.
action_date: 2004-07-19
text: 
Vietnam Human Rights Act of 2004 - 
Title I: Conditions on Increased Nonhumanitarian Assistance to the Government of Vietnam 
- (Sec. 101) Prohibits FY 2005 U.S. nonhumanitarian assistance to the Government of Vietnam in excess of FY 2004 levels unless the President certifies to Congress that the Government of Vietnam: (1) has made substantial progress toward releasing all political and religious prisoners from imprisonment and other forms of detention; (2) has made substantial progress toward respecting the right to freedom of religion, and has made substantial progress toward returning estates and properties confiscated from the churches; (3) has made substantial progress toward allowing Vietnamese nationals access to U.S. refugee programs; and (4) has made substantial progress toward respecting the human rights of members of ethnic minority groups in the Central Highlands and elsewhere in Vietnam.
 
Prohibits U.S. post-FY 2005 nonhumanitarian assistance to the Government of Vietnam in excess of FY 2004 levels unless the President certifies to Congress that the Government of Vietnam: (1) has made substantial progress toward releasing all political and religious prisoners from imprisonment and other forms of detention; (2) has made substantial progress toward respecting the right to freedom of religion, and has made substantial progress toward returning estates and properties confiscated from the churches; (3) has made substantial progress toward allowing Vietnamese nationals access to U.S. refugee programs; (4) has made substantial progress toward respecting the human rights of members of ethnic minority groups in the Central Highlands and elsewhere in Vietnam; and (5) neither any official of the Government of Vietnam nor any of its agencies 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 any such official, agency, or entity fully accountable for its conduct.
 
 Authorizes the President to waive such requirements if increased U.S. nonhumanitarian assistance would promote the purposes of this Act or is otherwise in the U.S. national interest. 
 

Title II: Assistance to Support Human Rights
 
and Democracy in Vietnam
 - (Sec. 201) Authorizes the President to provide U.S. assistance, through appropriate nongovernmental organizations, for the support of individuals and organizations to promote human rights and nonviolent democratic change in Vietnam. Authorizes FY 2005 and 2006 appropriations. 

Title III: United States Public Diplomacy - 
(Sec. 301) Declares it is U.S. policy: (1) to take necessary measures to overcome the jamming of Radio Free Asia by the Government of Vietnam; and (2) that educational and cultural exchange programs with Vietnam should promote progress toward freedom and democracy. 

Title IV: Annual Report on Progress Toward Freedom and Democracy in Vietnam - 
(Sec. 401) Directs the Secretary of State to report annually to Congress on: (1) whether requirements in the President's certification have been met, or on the President's waiver of such requirements; (2) U.S. efforts to secure transmission sites for Radio Free Asia in countries close to Vietnam; (3) efforts to ensure that educational and cultural exchange programs with Vietnam promote certain participation policies; (4) U.S. steps to offer refugee resettlement to certain Vietnamese nationals; (5) actions of the Government of Vietnam reflecting compliance with or violation of human rights; (6) lists of persons believed to be persecuted by the Government of Vietnam for their pursuit of human rights; and (7) the development of the rule of law in Vietnam.

Legislative actions:
action_date: 2004-07-23
text: Read twice and referred to the Committee on Foreign Relations.
action_date: 2004-07-20
text: Received in the Senate.
action_date: 2004-07-19
text: Motion to reconsider laid on the table Agreed to without objection.
action_date: 2004-07-19
text: On motion to suspend the rules and pass the bill, as amended Agreed to by the Yeas and Nays: (2/3 required): 323 - 45 (Roll no. 391). (text:  CR 7/14/2004 CR H5741-5743)
action_date: 2004-07-19
text: Passed/agreed to in House: On motion to suspend the rules and pass the bill, as amended Agreed to by the Yeas and Nays: (2/3 required): 323 - 45 (Roll no. 391).(text:  CR 7/14/2004 CR H5741-5743)
action_date: 2004-07-19
text: Considered as unfinished business. (CR H5947-5948)
action_date: 2004-07-14
text: At the conclusion of debate, the Yeas and Nays were demanded and ordered. Pursuant to the provisions of clause 8, rule XX, the Chair announced that further proceedings on the motion would be postponed until July 15.
action_date: 2004-07-14
text: EXTENSION OF DEBATE - Mr. Smith (NJ) asked unanimous consent that debate on H.R. 1587 be extended by ten minutes to be equally divided and controlled. Agreed to without objection.
action_date: 2004-07-14
text: DEBATE - The House proceeded with forty minutes of debate on H.R. 1587.
action_date: 2004-07-14
text: Considered under suspension of the rules. (consideration: CR H5741-5752)
action_date: 2004-07-14
text: Mr. Smith (NJ) moved to suspend the rules and pass the bill, as amended.
action_date: 2004-06-24
text: Committee Agreed to Seek Consideration Under Suspension of the Rules, (Amended) by Unanimous Consent.
action_date: 2003-04-11
text: Referred to the Subcommittee on Domestic and International Monetary Policy, Trade, and Technology, for a period to be subsequently determined by the Chairman.
action_date: 2003-04-03
text: Referred to the Committee on International Relations, and in addition to the Committee on Financial Services, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
action_date: 2003-04-03
text: Referred to the Committee on International Relations, and in addition to the Committee on Financial Services, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
action_date: 2003-04-03
text: Referred to the Committee on International Relations, and in addition to the Committee on Financial Services, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
action_date: 2003-04-03
text: Introduced in House
action_date: 2003-04-03
text: Introduced in House