BILL ANALYSIS                                                                                                                                                                                                    Ó






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          |SENATE RULES COMMITTEE            |                         SJR 5|
          |Office of Senate Floor Analyses   |                              |
          |(916) 651-1520    Fax: (916)      |                              |
          |327-4478                          |                              |
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                                   THIRD READING 


          Bill No:  SJR 5
          Author:   Nguyen (R), et al.
          Amended:  4/22/15  
          Vote:     21  

           SENATE JUDICIARY COMMITTEE:  6-0, 4/14/15
           AYES:  Jackson, Vidak, Anderson, Leno, Monning, Wieckowski
           NO VOTE RECORDED:  Hertzberg

           SUBJECT:   Vietnam:  humanitarian resettlement


          SOURCE:    Author


          DIGEST:  This resolution urges the President and Vice President  
          of the United States and the United States Congress to  
          reauthorize the Humanitarian Resettlement Program and the  
          Orderly Departure Program to allow disabled veterans of the  
          South Vietnamese Army currently living in the Socialist Republic  
          of Vietnam to enter the United States.


          ANALYSIS:   This resolution makes the following legislative  
          findings:


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


          2)The United States government and the American people have a  








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            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.


          3)The veterans of the South Vietnamese Army, also known as the  
            Qu[n Lñc ViÇt Nam CÙng Hòa, showed their commitment to the  
            United States by fighting alongside the United States Armed  
            Forces during the Vietnam War.


          4)The Humanitarian Resettlement Program and the Orderly  
            Departure Program, have allowed for the resettlement to the  
            United States of former re-education center detainees, former  
            Vietnamese employees of the United States government, and  
            former Vietnamese employees of private American companies and  
            organizations prior to April 30, 1975, and from 1997 to 2009,  
            inclusive, sons and daughters of former Vietnamese were  
            included in what became known as the McCain Amendment.


          5)Disabled veterans of the South Vietnamese Army have suffered a  
            lifetime of great challenges and discrimination. Yet, some  
            disabled veterans were excluded from the Humanitarian  
            Resettlement Program and the Orderly Departure Program because  
            they were not detained in re-education camps for the requisite  
            number of years due to their physical disabilities.


          6)April 30, 2015, marks the 40th year since the Fall of Saigon.


          7)Promoting the Humanitarian Resettlement Program and the  
            Orderly Departure Program to include disabled veterans of the  
            South Vietnamese Army, also known as the Qu[n Lñc ViÇt Nam  
            CÙng Hòa, and their sons and daughters, would rightfully bring  
            these veterans and their families into programs that, by their  
            terms, excluded some disabled vete8)rans.


          This resolution urges the President and Vice President of the  
          United States and the United States Congress to reauthorize the  
          Humanitarian Resettlement Program and the Orderly Departure  







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          Program to allow disabled veterans of the South Vietnamese Army  
          and their families currently living in the Socialist Republic of  
          Vietnam to apply to enter the United States.

          Background


          Following the withdrawal of United States Armed Forces from  
          Vietnam in 1975, thousands of Vietnamese citizens who had  
          maintained a close association with the United States during the  
          war became subject to human rights abuses at the hands of the  
          Vietnamese government.  The punitive policies of Vietnamese  
          officials prompted hundreds of thousands of Vietnamese citizens  
          to flee the country, often by perilous trips across open ocean  
          in small boats.  In order to help control the exodus of  
          migrants, the United Nations High Commissioner for Refugees and  
          the government of Vietnam entered into a Memorandum of  
          Understanding in 1979 that established the Orderly Departure  
          Program.  This multilateral program created a safe, ordered, and  
          legal means for refugees to leave Vietnam and travel to  
          receiving countries, rather than escape clandestinely by boat.   
          Under the program, Vietnamese citizens were deemed eligible for  
          entry into the United States if they fell within any of these  
          three categories: (1) applicants with family members of persons  
          already in the U.S.; (2) applicants who are former employees of  
          the U.S. government; or (3) applicants closely associated or  
          identified with the U.S. presence in Vietnam before 1975.   
          (Refugee Program: The Orderly Departure Program from Vietnam  
          (Apr. 1990), NSIAD-90-137 (Washington, D.C.: U.S. General  
          Accounting Office).)  The Orderly Departure Program operated for  
          approximately 25 years before it was closed to new applications  
          in September 1994.


          In November 2005, the governments of the U.S. and Vietnam  
          established a bilateral humanitarian resettlement process called  
          the Humanitarian Resettlement Program.  This program established  
          three categories of eligibility for resettlement of Vietnamese  
          citizens who may have been eligible for resettlement under the  
          earlier Orderly Departure Program: (1) direct-hire employees of  
          the U.S. with five or more years of verified employment; (2)  
          direct-hire employees of private U.S. companies or organizations  
          with five or more years of verified employment; or (3) certain  
          individuals who spent at least one year in a re-education center  







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          as a result of their close association with the U.S. government  
          prior to April 30, 1975.  (Joint U.S. - Vietnamese Announcement  
          of Humanitarian Resettlement Program (Nov. 15, 2005), U.S.  
          Department of State, Bureau of Public Affairs  
           
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            prior to April 30, 1975.  Due to their disabled status, these  
            veterans did not spend the same length of time in re-education  
            centers, but they have continued to live under political  
            persecution while suffering basic human rights violations by  
            the Socialist Republic of Vietnam for the past 40 years.


            This bill seeks to correct an oversight by including a group  
            of political refugees into a federal resettlement program that  
            has successfully resettled more than one million Vietnamese to  
            the United States over the past forty years, with  
            approximately 580,000 Vietnamese Americans living in  
            California.


          Related/Prior Legislation


          AJR 58 (Correa, 2004) would have urged, among other things, that  
          the Vietnamese government respect the right of all independent  
          religious organizations to meet, worship, operate, and practice  
          their faith in accordance with Vietnam's own constitution and  
          international covenants to which Vietnam is a signatory and to  
          restore freedom to all Vietnamese citizens imprisoned or under  
          house arrest for practicing their faith or for advocating  
          freedom of religion.  The resolution died in the Senate Rules  
          Committee.


          SJR 13 (Florez, Resolution Chapter 19, Statutes of 2003) urged  
          the President and the Congress of the United States to amend  
          federal selective service and immigration laws to grant the  
          right of citizenship to any and all immigrants who honorably  
          serve in the military.


          AB 537 (Correa, 2003) would have revived, under certain  
          circumstances, causes of action against an employer for unpaid  
          wages or benefits earned in the former country of South Vietnam  
          if the cause of action had been accrued by April 1975.  The bill  
          was set for hearing in the Senate Judiciary Committee, but the  
          hearing was cancelled at the request of the author.









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          ACR 23 (Maddox, Resolution Chapter 70, Statutes of 2001)  
          resolved that the Legislature of the State of California  
          supports religious freedom for the people of the Socialist  
          Republic of Vietnam, and recommended that the United States  
          Congress demand that the government of that country release all  
          religious prisoners, and immediately cease harassment,  
          detention, physical abuse, and imprisonment based on the  
          exercise of religion.


          AJR 29 (Maddox, 1999) would have stated that California does not  
          support the normalization of trade with the Communist government  
          of Vietnam and urged the United States Senate to reject any  
          upcoming treaty until human rights are restored in Vietnam.  The  
          resolution failed adoption in the Senate Rules Committee.


          FISCAL EFFECT:   Appropriation:    No          Fiscal  
          Com.:NoLocal:    No 


          SUPPORT:   (Verified4/14/15)


          None received


          OPPOSITION:   (Verified4/14/15)


          None received

          Prepared by:Tobias Halvarson / JUD. / (916) 651-4113
          4/22/15 16:20:32


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