Text: H.R.5157 — 112th Congress (2011-2012)All Information (Except Text)

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Introduced in House (04/27/2012)

2d Session
H. R. 5157

To prohibit the designation of Vietnam under title V of the Trade Act of 1974.


April 27, 2012

Ms. Zoe Lofgren of California (for herself, Ms. Loretta Sanchez of California, Mr. Wolf, Mr. Connolly of Virginia, and Mrs. Davis of California) introduced the following bill; which was referred to the Committee on Ways and Means


To prohibit the designation of Vietnam under title V of the Trade Act of 1974.

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 “Fostering Rights through Economic Engagement in Vietnam Act” or “FREE Vietnam Act” .

SEC. 2. Prohibition on designation of Vietnam under title V of the Trade Act of 1974.

(a) In general.—Section 502(b) of the Trade Act of 1974 (19 U.S.C. 2462(b)) is amended by adding at the end the following:

“(3) VIETNAM.—

“(A) IN GENERAL.—In addition to the countries listed in paragraph (1), Vietnam may not be designated as a beneficiary developing country for purposes of this title unless the President submits to Congress a certification described in subparagraph (B).

“(B) CERTIFICATION.—A certification referred to in subparagraph (A) is a certification that contains a determination of the President that—

“(i) Vietnam is not on the special watch list under section 110(b)(3)(A) of the Trafficking Victims Protection Act of 2000 (22 U.S.C. 7107(b)(3)(A));

“(ii) the Government of Vietnam does not engage in pervasive violations of internationally-recognized human rights, including freedom of speech and freedom of religion; and

“(iii) Vietnam otherwise meets the requirements of this title.

“(C) WAIVER.—The President may waive the application of subparagraph (A) if the President determines and certifies to Congress that it is in the national interest of the United States to do so.”.

(b) Effective date.—The amendment made by this section applies to goods entered, or withdrawn from warehouse for consumption, on or after the 15th day after the date of enactment of this Act.