[Congressional Bills 113th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4254 Introduced in House (IH)]
113th CONGRESS
2d Session
H. R. 4254
To impose sanctions on individuals who are complicit in human rights
abuses committed against nationals of Vietnam or their family members,
and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
March 14, 2014
Mr. Royce (for himself, Mr. Lowenthal, Mr. Wolf, and Ms. Loretta
Sanchez of California) introduced the following bill; which was
referred to the Committee on Foreign Affairs, and in addition to the
Committees on the Judiciary, Ways and Means, and 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
_______________________________________________________________________
A BILL
To impose sanctions on individuals who are complicit in human rights
abuses committed against nationals of Vietnam or their family members,
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.
This Act may be cited as the ``Vietnam Human Rights Sanctions
Act''.
SEC. 2. FINDINGS.
Congress finds the following:
(1) Vietnam remains a one-party state, ruled and controlled
by the Communist Party of Vietnam, which continues to deny the
right of citizens to change their government.
(2) According to the Department of State's 2012 Country
Reports on Human Rights Practices, Vietnam's ``most significant
human rights problems . . . continued to be severe government
restrictions on citizens' political rights, particularly their
right to change their government; increased measures to limit
citizens' civil liberties; and corruption in the judicial
system and police''.
(3) Furthermore, the Department of State documents that
``arbitrary arrest and detention, particularly for political
activists, remained a problem'', with the Government of Vietnam
sentencing ``at least 35 arrested activists during [2012] to a
total of 131 years in jail and 27 years of probation for
exercising their rights''.
(4) The Government of Vietnam forbids public challenge to
the legitimacy of the one-party state, restricts freedoms of
opinion, the press, assembly, and association, and tightly
limits access to the Internet and telecommunication.
(5) The Government of Vietnam continues to limit freedom of
religion, pressure all religious groups to come under the
control of government and party-controlled management boards,
and restrict the operation of independent religious
organizations, including the Unified Buddhist Church of Vietnam
and members of unsanctioned Mennonite, Cao Dai, Theravada
Buddhist, and Hoa Hao Buddhist religious groups and independent
Protestant house churches, primarily in the central and
northern highlands. Religious leaders who do not conform to the
Government's demands are often harassed, arrested, imprisoned,
or put under house arrest.
(6) Enhancement of relations between the United States and
Vietnam has provided an opportunity for a human rights
dialogue, but is unlikely to lead to future progress on human
rights issues in Vietnam unless the United States makes clear
that such progress is an essential prerequisite for further
enhancements in the bilateral relationship.
SEC. 3. IMPOSITION OF SANCTIONS ON CERTAIN INDIVIDUALS WHO ARE
COMPLICIT IN HUMAN RIGHTS ABUSES COMMITTED AGAINST
NATIONALS OF VIETNAM OR THEIR FAMILY MEMBERS.
(a) In General.--Except as provided in subsection (d), the
President shall impose sanctions described in subsection (c) with
respect to each individual on the list required by subsection (b).
(b) List of Individuals Who Are Complicit in Certain Human Rights
Abuses.--
(1) In general.--Not later than 90 days after the date of
the enactment of this Act, the President shall submit to the
appropriate congressional committees a list of individuals who
are nationals of Vietnam that the President determines are
complicit in human rights abuses committed against nationals of
Vietnam or their family members, regardless of whether such
abuses occurred in Vietnam.
(2) Updates of list.--The President shall submit to the
appropriate congressional committees an updated list under
paragraph (1) as new information becomes available and not less
frequently than annually.
(3) Public availability.--The list required by paragraph
(1) shall be made available to the public and posted on the Web
sites of the Department of the Treasury and the Department of
State.
(4) Consideration of data from other countries and
nongovernmental organizations.--In preparing the list required
by paragraph (1), the President shall consider data already
obtained by other countries and nongovernmental organizations,
including organizations in Vietnam, that monitor the human
rights abuses of the Government of Vietnam.
(c) Sanctions Described.--The sanctions described in this
subsection are the following:
(1) Prohibition on entry and admission to the united
states.--An individual whose name appears on the list required
by subsection (b)(1) may not--
(A) be admitted to, enter, or transit through the
United States;
(B) receive any lawful immigration status in the
United States under the immigration laws, including any
relief under the Convention Against Torture; or
(C) file any application or petition to obtain such
admission, entry, or status.
(2) Financial sanctions.--The President shall impose
sanctions authorized pursuant to section 203 of the
International Emergency Economic Powers Act (50 U.S.C. 1702)
with respect to an individual whose name appears on the list
required by subsection (b)(1), including blocking of the
property of, and restricting or prohibiting financial
transactions and the exportation and importation of property
by, the individual.
(d) Exceptions To Comply With International Agreements.--The
President may, by regulation, authorize exceptions to the imposition of
sanctions under this section to permit the United States to comply with
the Agreement between the United Nations and the United States of
America regarding the Headquarters of the United Nations, signed June
26, 1947, and entered into force November 21, 1947, and other
applicable international agreements.
(e) Termination of Sanctions.--The provisions of this section shall
cease to have force and effect on the date on which the President
determines and certifies to the appropriate congressional committees
that the Government of Vietnam has--
(1) unconditionally released all political prisoners;
(2) ceased its practices of violence, unlawful detention,
torture, and abuse of citizens of Vietnam while engaging in
peaceful political activity; and
(3) conducted a transparent investigation into the
killings, arrest, and abuse of peaceful political activists in
Vietnam and prosecuted those responsible.
(f) Definitions.--In this section:
(1) Appropriate congressional committees.--The term
``appropriate congressional committees'' means--
(A) the Committee on Finance, the Committee on
Banking, Housing, and Urban Affairs, and the Committee
on Foreign Relations of the Senate; and
(B) the Committee on Ways and Means, the Committee
on Financial Services, and the Committee on Foreign
Affairs of the House of Representatives.
(2) Convention against torture.--The term ``Convention
Against Torture'' means the United Nations Convention Against
Torture and Other Cruel, Inhuman or Degrading Treatment or
Punishment, done at New York on December 10, 1984.
(3) Immigration laws; national.--The terms ``immigration
laws'' and ``national'' have the meanings given those terms in
section 101 of the Immigration and Nationality Act (8 U.S.C.
1101).
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