BILL ANALYSIS Ó SJR 5 Page 1 SENATE THIRD READING SJR 5 (Nguyen) As Amended April 29, 2015 Majority vote SENATE VOTE: 34-0 ------------------------------------------------------------------------------------------------------- |Committee |Votes |Ayes |Noes | |-------------------------+-------------------------+-------------------------+-------------------------| |Judiciary |9-0 |Mark Stone, Wagner, | | | | |Alejo, Chau, Chiu, | | | | |Cristina Garcia, Holden, | | | | |Maienschein, O'Donnell | | ------------------------------------------------------------------------------------------------------- SUMMARY: Urges the federal government to permit humanitarian resettlement of those disabled veterans of the South Vietnamese Army who served alongside the United States (U.S.) military during the Vietnam War. Specifically, this resolution: 1)Declares that the Vietnamese-American community plays an important role in the social, cultural, and economic landscape of the State of California and the United States of America. 2)States that the U.S. government and the American people have a commitment to assisting individuals who fought as allies in SJR 5 Page 2 the Vietnam War and continue to face persecution and threats from the communist government of the Socialist Republic of Vietnam. 3)Declares that the veterans of the South Vietnamese Army, also known as the Qu[n Lñc ViÇt Nam CÙng Hòa, showed their commitment to the U.S. by fighting alongside the United States Armed Forces during the Vietnam War. 4)States that the Humanitarian Resettlement Program (HRP) and the Orderly Departure Program (ODP) have allowed for the resettlement to the U.S. of former reeducation center detainees, former Vietnamese employees of the U.S. 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)Finds that disabled veterans of the South Vietnamese Army have suffered a lifetime of great challenges and discrimination, but that some of these disabled veterans were excluded from the HRP and the ODP because they were not detained in reeducation camps for the requisite number of years due to their physical disabilities. 6)Declares that promoting the HRP and the ODP to include disabled veterans of the South Vietnamese Army, and their sons and daughters, would rightfully bring these veterans and their families into programs that, by their terms, excluded some disabled veterans. 7)Urges the President and the Vice President of the U.S. and the U.S. Congress to reauthorize the HRP and the ODP to allow disabled veterans of the South Vietnamese Army and their SJR 5 Page 3 families currently living in the Socialist Republic of Vietnam to apply to enter the U.S. FISCAL EFFECT: None COMMENTS: This non-controversial measure urges the President and the Vice President of the U.S. and the U.S. Congress to reauthorize the HRP and the ODP, as described below, 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 U.S. According to the author, "This resolution seeks to rectify a loophole that unfortunately left out disabled veterans from resettlement programs that safely and successfully resettled hundreds of thousands of Vietnamese." Background on migration of Vietnamese to the United States after the Vietnam War. During the Vietnam War, members of the South Vietnamese Army (also known as the Qu[n Lñc ViÇt Nam CÙng Hòa) showed their commitment to the U.S. by fighting alongside the U.S. military against communist forces based in northern Vietnam. Following the withdrawal of U.S. forces in 1975, thousands of Vietnamese citizens, particularly those who had maintained a close association with the U.S. during the war, became subject to human rights abuses at the hands of the newly established Socialist Republic of Vietnam. The repressive policies of the new government prompted hundreds of thousands of Vietnamese citizens to flee the country, often involving clandestine and dangerous trips by sea vessel. ODP established by the United Nations from 1979 to 1994. In order to help control the exodus of migrants, the United Nations High Commissioner for Refugees (UNHCR) and the government of Vietnam entered into a Memorandum of Understanding in 1979 that established the ODP. This multilateral program created a safe, ordered, and legal means for refugees to leave Vietnam and SJR 5 Page 4 travel to receiving countries, rather than attempting to flee the country by boat. According to the UNHCR, "The Orderly Departure Program... made it possible for Vietnamese to migrate directly from Vietnam to the United States. Initially intended to benefit relatives of Vietnamese refugees already in the United States and South Vietnamese who had ties to the U.S. government, the U.S. government later extended the ODP to Amerasians (Vietnamese children of U.S. servicemen), and former political prisoners and re-education camp detainees." (The State of the World's Refugees 2000: Fifty Years of Humanitarian Action. Office of the United Nations High Commissioner for Refugees (2000), p. 69.) Under the program, Vietnamese citizens were deemed eligible for entry into the U.S. 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. (See Refugee Program: The Orderly Departure Program from Vietnam (Apr. 1990), NSIAD-90-137 (Washington, D.C.: U.S. General Accounting Office).) The ODP operated for approximately 25 years before it was closed to new applications in September 1994. HRP jointly established by U.S. and Vietnam from 2006 to 2008. In November 2005, the governments of the U.S. and Vietnam established a bilateral humanitarian resettlement process called the HRP. 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. government in Vietnam with five or more years of verified employment between January 1, 1963, and April 30, 1975; 2) SJR 5 Page 5 direct-hire employees of private U.S. companies or organizations with five or more years of verified employment between January 1, 1963, and April 30, 1975; or 3) certain individuals who spent at least one year in a re-education center (but in some cases at least three years) as a result of their close association with the U.S. government prior to April 30, 1975. (See: Joint U.S. - Vietnamese Announcement of Humanitarian Resettlement Program (Nov. 15, 2005), U.S. Department of State, Bureau of Public Affairs.) It is because of the re-education center requirement in this third criteria that some disabled veterans of the South Vietnamese Army were deemed ineligible for resettlement under the HRP. The HRP accepted applications for resettlement from Vietnamese citizens over a two-year period that ended on June 25, 2008. The U.S. State Department estimated that it would resettle approximately 1,000 individuals under this program, and that it had resettled approximately 900,000 Vietnamese citizens to the U.S. under various programs since 1975. (Fact Sheet: Refugee Admissions Program for East Asia (Feb. 6, 2009), U.S. Department of State, Bureau of Population, Refugees, and Migration.) This measure seeks federal reauthorization of the HRP, with provisions to accommodate disabled Vietnamese veterans previously excluded. According to the author, there is a subset of disabled veterans of the Qu[n Lñc ViÇt Nam CÙng Hòa who, because of the injuries they suffered, did not spend sufficient time in re-education centers to make them eligible for resettlement under criteria for the HRP. These disabled veterans served equally alongside other members of the South Vietnamese army, all of whom showed commitment to the U.S. during the war. As a matter of fairness and equity, these disabled veterans deserve the opportunity for resettlement in the U.S., to better their lives and escape potential persecution by the government of the Socialist Republic of Vietnam. SJR 5 Page 6 Unfortunately, the Humanitarian Resettlement Program has not accepted applications since 2008 and is not actively being administrated by the U.S. State Department. This measure would urge the President and Congress to reauthorize the HRP that, once re-established, would permit these disabled veterans of the South Vietnamese army and their families still living in Vietnam to apply to enter the U.S. Analysis Prepared by: Anthony Lew / JUD. / (916) 319-2334 FN: 0001058