Amended in Senate April 22, 2015

Amended in Senate March 19, 2015

Senate Joint Resolution No. 5

Introduced by Senator Nguyen

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(Coauthor: Senator Hertzberg)

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(Coauthors: Senators Hertzberg and Huff)

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(Coauthors: Assembly Members Chávez, Chu, begin delete and Kim end delete begin insert Kim, and McCarty end insert )

March 10, 2015

Senate Joint Resolution No. 5—Relative to humanitarian resettlement.

LEGISLATIVE COUNSEL’S DIGEST

SJR 5, as amended, Nguyen. Vietnam: humanitarian resettlement.

This measure would urge Congress and the President of the United States to expand the Humanitarian Resettlement Program to allow disabled veteran officers of the South Vietnamese Army currently living in the Socialist Republic of Vietnam to enter the United States.

Fiscal committee: no.

WHEREAS, The Vietnamese-American community plays an
important role in the social, cultural, and economic landscape of
the State of California and the United States; and

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WHEREAS, The Socialist Republic of Vietnam’s human rights
violations and corrupt judicial system have resulted in the
incarceration of peaceful dissidents without due process; and

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WHEREAS, Despite the renewal of diplomatic relations between
the United States and the Socialist Republic of Vietnam in 1995,
and the launching of the United States-Vietnam Comprehensive
Partnership in July 2013, significant human rights violations
continue to persist; and

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WHEREAS, The Global Network for Rights and Development’s
2014 International Human Rights Rank Indicator ranks the Socialist
Republic of Vietnam as one of the 15 countries who are the worst
offenders of human rights in the world; and

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WHEREAS, The United States government and the American
people have a commitment to assisting individuals that fought as
allies in the Vietnam War and continue to face persecution and
threats from the Communist government of the Socialist Republic
of Vietnam; and

WHEREAS, The veterans of the South Vietnamese Army, also
known as the Quân Lực Việt Nam Cộng Hòa, showed their
commitment to the United States by fighting alongside the United
States Armed Forces during the Vietnam begin delete War and have suffered
greatly since April 30, 1975; end delete begin insert War; end insert and

WHEREAS, The Humanitarian Resettlement Program begin delete , also
known as end delete begin insert and end insert the Orderly Departure Program begin delete , has end delete begin insert have end insert allowed
for the resettlement to the United States of former reeducation
center detainees, former Vietnamese employees of the United
States government, and former Vietnamese employees of private
American companies and organizations prior to April 30, begin delete 1975; end delete
begin insert 1975, and from 1997 to 2009, inclusive, sons and daughters of
former Vietnamese were included in what became known as the
McCain Amendment; end insert and

WHEREAS, Disabled veterans of the South Vietnamese Army,
also known as the Quân Lực Việt Nam Cộng Hòa, have suffered
a lifetime of great challenges and discrimination. Yet, begin insert some end insert
disabled veterans were excluded from the Humanitarian
Resettlement Program begin insert and the Orderly Departure Program end insert because
they were not detained in reeducation camps for the requisite
number of years due to their physical disabilities; and

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WHEREAS, Thousands of disabled veterans of the South
Vietnamese Army, also known as the Quân Lực Việt Nam Cộng
Hòa, and their families are still living in the Socialist Republic of
Vietnam, facing continued persecution from the government,
including a lack of access to jobs, housing, and education; and

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WHEREAS, April 30, 2015, marks the 40th year since the Fall
of Saigon; and

WHEREAS, begin delete Amending end delete begin insert Promoting end insert the Humanitarian
Resettlement Program begin delete , also known as end delete begin insert and end insert the Orderly Departure
begin delete Program, end delete begin insert Program end insert to include disabled veterans of the South
Vietnamese Army, also known as the Quân Lực Việt Nam Cộng
Hòa, begin insert and their sons and daughters, end insert would rightfully bring these
veterans begin insert and their families end insert into begin delete a program that was meant to include
them but inadvertently left them out; end delete begin insert programs that, by their terms,
excluded some disable veterans; end insert now, therefore, be it

Resolved by the Senate and the Assembly of the State of
California, jointly, That the Legislature respectfully urges the
President and the Vice President of the United States and the
United States Congress to begin delete expand end delete begin insert reauthorize end insert the Humanitarian
Resettlement Program begin insert and the Orderly Departure Program end insert to
allow disabled veterans of the South Vietnamese Army begin insert and their
families end insert currently living in the Socialist Republic of Vietnam to
begin insert apply to end insert enter the United States; and be it further

Resolved, That the Secretary of the Senate transmit copies of
this resolution to the President and the Vice President of the United
States, to the Majority Leader of the Senate, to the Speaker of the
House of Representatives, and to each Senator and Representative
from California in the Congress of the United States, and to the
author for appropriate distribution.