BILL ANALYSIS                                                                                                                                                                                                    Ó



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          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  








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            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  








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            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  








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          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)  








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          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.










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          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