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.

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.

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.

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.

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.

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.

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.

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

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 Quan Luc Viet Nam Cong Hoa, showed their commitment to the United States by fighting alongside the United States Armed Forces during the Vietnam War; and

WHEREAS, The Humanitarian Resettlement Program and the Orderly Departure Program have 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, 1975, and from 1997 to 2009, inclusive, sons and daughters of former Vietnamese were included in what became known as the McCain Amendment; and

WHEREAS, Disabled veterans of the South Vietnamese Army, also known as the Quan Luc Viet Nam Cong Hoa, 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 reeducation camps for the requisite number of years due to their physical disabilities; and

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

WHEREAS, Promoting the Humanitarian Resettlement Program and the Orderly Departure Program to include disabled veterans of the South Vietnamese Army, also known as the Quan Luc Viet Nam Cong Hoa, and their sons and daughters, would rightfully bring these veterans and their families into programs that, by their terms, excluded some disabled veterans; 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 reauthorize the Humanitarian Resettlement Program and the Orderly Departure 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; 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.

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

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 Quan Luc Viet Nam Cong Hoa, showed their commitment to the United States by fighting alongside the United States Armed Forces during the Vietnam War; and

WHEREAS, The Humanitarian Resettlement Program and the Orderly Departure Program have 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, 1975, and from 1997 to 2009, inclusive, sons and daughters of former Vietnamese were included in what became known as the McCain Amendment; and

WHEREAS, Disabled veterans of the South Vietnamese Army, also known as the Quan Luc Viet Nam Cong Hoa, 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 reeducation camps for the requisite number of years due to their physical disabilities; and

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

WHEREAS, Promoting the Humanitarian Resettlement Program and the Orderly Departure Program to include disabled veterans of the South Vietnamese Army, also known as the Quan Luc Viet Nam Cong Hoa, and their sons and daughters, would rightfully bring these veterans and their families into programs that, by their terms, excluded some disabled veterans; 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 reauthorize the Humanitarian Resettlement Program and the Orderly Departure 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; 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.

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

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 Quan Luc Viet Nam Cong Hoa, showed their commitment to the United States by fighting alongside the United States Armed Forces during the Vietnam War; and

WHEREAS, The Humanitarian Resettlement Program and the Orderly Departure Program have 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, 1975, and from 1997 to 2009, inclusive, sons and daughters of former Vietnamese were included in what became known as the McCain Amendment; and

WHEREAS, Disabled veterans of the South Vietnamese Army, also known as the Quan Luc Viet Nam Cong Hoa, 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 reeducation camps for the requisite number of years due to their physical disabilities; and

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

WHEREAS, Promoting the Humanitarian Resettlement Program and the Orderly Departure Program to include disabled veterans of the South Vietnamese Army, also known as the Quan Luc Viet Nam Cong Hoa, and their sons and daughters, would rightfully bring these veterans and their families into programs that, by their terms, excluded some disabled veterans; 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 reauthorize the Humanitarian Resettlement Program and the Orderly Departure 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; 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.

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

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 Quan Luc Viet Nam Cong Hoa, showed their commitment to the United States by fighting alongside the United States Armed Forces during the Vietnam War; and

WHEREAS, The Humanitarian Resettlement Program and the Orderly Departure Program have 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, 1975, and from 1997 to 2009, inclusive, sons and daughters of former Vietnamese were included in what became known as the McCain Amendment; and

WHEREAS, Disabled veterans of the South Vietnamese Army, also known as the Quan Luc Viet Nam Cong Hoa, 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 reeducation camps for the requisite number of years due to their physical disabilities; and

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

WHEREAS, Promoting the Humanitarian Resettlement Program and the Orderly Departure Program to include disabled veterans of the South Vietnamese Army, also known as the Quan Luc Viet Nam Cong Hoa, and their sons and daughters, would rightfully bring these veterans and their families into programs that, by their terms, excluded some disable disabled veterans; 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 reauthorize the Humanitarian Resettlement Program and the Orderly Departure 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; 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.

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

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 Quan Luc Viet Nam Cong Hoa, showed their commitment to the United States by fighting alongside the United States Armed Forces during the Vietnam War and have suffered greatly since April 30, 1975; War; and

WHEREAS, The Humanitarian Resettlement Program, also known as and the Orderly Departure Program, has have 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, 1975; 1975, and from 1997 to 2009, inclusive, sons and daughters of former Vietnamese were included in what became known as the McCain Amendment; and

WHEREAS, Disabled veterans of the South Vietnamese Army, also known as the Quan Luc Viet Nam Cong Hoa, 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 reeducation camps for the requisite number of years due to their physical disabilities; and

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

WHEREAS, Amending Promoting the Humanitarian Resettlement Program, also known as and the Orderly Departure Program, Program to include disabled veterans of the South Vietnamese Army, also known as the Quan Luc Viet Nam Cong Hoa, and their sons and daughters, would rightfully bring these veterans and their families into a program that was meant to include them but inadvertently left them out; programs that, by their terms, excluded some disable veterans; 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 expand reauthorize the Humanitarian Resettlement Program and the Orderly Departure 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; 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.

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

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

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

WHEREAS, The Global Network for Rights and Developments 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

WHEREAS, The United States government and the American people have a commitment to assisting individuals that fought as allies in the Vietnam War who 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 Quan Luc Viet Nam Cong Hoa, showed their commitment to the United States by fighting alongside the United States Armed Forces during the Vietnam War and have suffered greatly since April 30, 1975; and

WHEREAS, The Humanitarian Resettlement Program, also known as the Orderly Departure Program, has 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, 1975; and

WHEREAS, Disabled veterans of the South Vietnamese Army, also known as the Quan Luc Viet Nam Cong Hoa, have suffered a lifetime of great challenges and discrimination. Yet, disabled veterans were excluded from the Humanitarian Resettlement Program because they were not detained in reeducation camps for the requisite number of years due to their physical disabilities; and

WHEREAS, Thousands of disabled veterans of the South Vietnamese Army, also known as the Quan Luc Viet Nam Cong Hoa, 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

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

WHEREAS, Amending the Humanitarian Resettlement Program, also known as the Orderly Departure Program, to include disabled veterans of the South Vietnamese Army, also known as the Quan Luc Viet Nam Cong Hoa, would rightfully bring these veterans into a program that was meant to include them but inadvertently left them out; 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 expand the Humanitarian Resettlement Program to allow disabled veterans of the South Vietnamese Army currently living in the Socialist Republic of Vietnam to 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.

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

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

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

WHEREAS, The Global Network for Rights and Developments 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

WHEREAS, The United States government and the American people have a commitment to assisting individuals that fought as allies in the Vietnam War who 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 Quan Luc Viet Nam Cong Hoa, showed their commitment to the United States by fighting alongside the United States Armed Forces during the Vietnam War and have suffered greatly since April 30, 1975; and

WHEREAS, The Humanitarian Resettlement Program, also known as the Orderly Departure Program, has 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, 1975; and

WHEREAS, Disabled veterans of the South Vietnamese Army, also known as the Quan Luc Viet Nam Cong Hoa, have suffered a lifetime of great challenges and discrimination. Yet, disabled veterans were excluded from the Humanitarian Resettlement Program because they were not detained in reeducation camps for the requisite number of years due to their physical disabilities; and

WHEREAS, Thousands of disabled veterans of the South Vietnamese Army, also known as the Quan Luc Viet Nam Cong Hoa, 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

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

WHEREAS, Amending the Humanitarian Resettlement Program, also known as the Orderly Departure Program, to include disabled veterans of the South Vietnamese Army, also known as the Quan Luc Viet Nam Cong Hoa, would rightfully bring these veterans into a program that was meant to include them but inadvertently left them out; 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 expand the Humanitarian Resettlement Program to allow disabled veterans of the South Vietnamese Army currently living in the Socialist Republic of Vietnam to 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.

 UNFINISHED BUSINESS  

Bill No: SJR 5

Author: Nguyen (R), et al.

Amended: 6/25/15

Vote: 21

SENATE JUDICIARY COMMITTEE: 6-0, 4/14/15

AYES: Jackson, Vidak, Anderson, Leno, Monning, Wieckowski

NO VOTE RECORDED: Hertzberg

SENATE FLOOR: 34-0, 4/30/15

AYES: Allen, Anderson, Bates, Beall, Berryhill, Block, De León, Fuller, Gaines, Galgiani, Hall, Hernandez, Hertzberg, Hill, Hueso, Huff, Jackson, Lara, Leno, Leyva, Liu, McGuire, Mendoza, Monning, Moorlach, Morrell, Nguyen, Nielsen, Pan, Pavley, Roth, Stone, Wieckowski, Wolk

NO VOTE RECORDED: Cannella, Hancock, Mitchell, Runner, Vidak

ASSEMBLY FLOOR: 78-0, 6/25/15 - See last page for vote

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.

Assembly Amendments add coauthors.

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 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 Quân Lực Việt Nam Cộng 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 Quân Lực Việt Nam Cộng Hòa, and their sons and daughters, would rightfully bring these veterans and their families into programs that, by their terms, excluded some disabled veterans.

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 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 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 <http://2001-2009.state.gov/r/pa/prs/ps/2005/56936.htm [as of March 25, 2015].) The Humanitarian Resettlement Program 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 <http://www.state.gov/j/prm/ releases/factsheets/2009/181061.htm [as of March 25, 2015].)

Both the Orderly Departure Program and the Humanitarian Resettlement Program restricted resettlement eligibility for certain applicants to those who had spent a set length of time in a re-education center. Some Vietnamese citizens who were disabled in the war and consequently not sent to re-education centers fell outside the eligibility criteria for resettlement under these programs. 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 these disabled veterans and their families to apply to enter the United States.

Comments

The author writes:

This joint resolution calls upon the United States Government to include disabled veterans of the South Vietnamese Army into the Humanitarian Resettlement Program in order to allow them to safely relocate to the United States. These disabled veterans were excluded under the original Humanitarian Resettlement Program because they did not spend the required length of time in re-education centers of at least one year 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.

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.: No Local: No

SUPPORT: (Verified 6/26/15)

American Legion-Department of California

AMVETS, Department of California

California Association of County Veterans Service Officers

California State Commanders Veterans Council

Military Officers Association of America, California Council of Chapters

Veterans of Foreign Wars, Department of California

Vietnam Veterans of America, California State Council

OPPOSITION: (Verified 6/26/15)

None received

ASSEMBLY FLOOR: 78-0, 6/25/15

AYES: Achadjian, Alejo, Travis Allen, Baker, Bigelow, Bloom, Bonilla, Bonta, Brough, Brown, Burke, Calderon, Campos, Chang, Chau, Chávez, Chiu, Chu, Cooley, Cooper, Dababneh, Dahle, Daly, Dodd, Eggman, Frazier, Beth Gaines, Gallagher, Cristina Garcia, Eduardo Garcia, Gatto, Gipson, Gomez, Gonzalez, Gordon, Gray, Grove, Hadley, Roger Hernández, Holden, Irwin, Jones, Jones-Sawyer, Kim, Lackey, Levine, Linder, Lopez, Low, Maienschein, Mathis, Mayes, McCarty, Medina, Mullin, Nazarian, Obernolte, O'Donnell, Olsen, Patterson, Perea, Quirk, Rendon, Ridley-Thomas, Rodriguez, Salas, Santiago, Steinorth, Mark Stone, Thurmond, Ting, Wagner, Waldron, Weber, Wilk, Williams, Wood, Atkins

NO VOTE RECORDED: Harper, Melendez

Prepared by: Tobias Halvarson / JUD. / (916) 651-4113

6/30/15 10:58:05

**** END ****

SENATE THIRD READING

STR Bill Id:SJR 5

Author:(Nguyen)

As Amended Ver:April 29, 2015

Majority vote

SENATE VOTE: 34-0

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 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 Quân Lực Việt Nam Cộng 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 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 Quân Lực Việt Nam Cộng 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 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) 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 Quân Lực Việt Nam Cộng 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.

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

Date of Hearing: June 23, 2015

ASSEMBLY COMMITTEE ON JUDICIARY

Mark Stone, Chair

SBPCA Bill Id:SJR 5

Author:(Nguyen) – As Amended Ver:April 29, 2015

SENATE VOTE: 34-0

SUBJECT: VIETNAM: HUMANITARIAN RESETTLEMENT PROGRAM

KEY ISSUE: SHOULD THE LEGISLATURE URGE CONGRESS AND THE PRESIDENT TO REAUTHORIZE A PROGRAM TO ALLOW DISABLED VETERANS OF THE SOUTH VIETNAMESE ARMY AND THEIR FAMILIES CURRENTLY LIVING IN VIETNAM TO APPLY TO ENTER AND RESETTLE IN THE UNITED STATES?

SYNOPSIS

During the Vietnam War, members 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 U.S. military against communist forces based in northern Vietnam. Following the withdrawal of U.S. forces in 1975, thousands of Vietnamese citizens who had maintained a close association with the United States during the war were 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 attempt to flee the country, often by boat. In response, the United Nations High Commissioner for Refugees (UNHCR) and the government of Vietnam entered into a Memorandum of Understanding in 1979 that established the Orderly Departure Program, which created a safe, ordered, and legal means for refugees to leave Vietnam and migrate directly to receiving countries, including the United States, rather than making dangerous attempts to escape the country. The Orderly Departure Program operated for approximately 25 years before it was closed to new applications in September of 1994.

In November 2005, the governments of the U.S. and Vietnam established a bilateral humanitarian resettlement process called the Humanitarian Resettlement Program (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 (ODP), including (1) former Vietnamese employees of the United States government prior to April 30, 1975; (2) former Vietnamese employees of private American companies and organizations prior to April 30, 1975; and (3) persons who had spent a certain number of years in a re-education center as a result of their association with the U.S. government. The HRP accepted applications for resettlement from Vietnamese citizens over a two-year period that ended on June 25, 2008, and is no longer in operation.

According to the author, there is a subset of disabled veterans of the South Vietnamese Army who, because of their injuries, did not spend sufficient time in re-education centers to make them eligible for resettlement under the criteria of the HRP. These disabled veterans served equally alongside other members of the South Vietnamese army, all of whom showed commitment to the United States during the war, and deserve the opportunity for resettlement in the United States to better their lives and escape potential persecution by the government of the Socialist Republic of Vietnam. Consequently, 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 United States. This measure was approved unanimously by the Senate and has no known opposition.

SUMMARY: Urges the federal government to permit humanitarian resettlement of those disabled veterans of the South Vietnamese Army who served alongside the U.S. military during the Vietnam War. Specifically, this bill:

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 United States government and the American people have a commitment to assisting individuals who 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. Declares that 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 War.

4. States that the Humanitarian Resettlement Program (HRP) and the Orderly Departure Program (ODP) have 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, 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 United States and the United States Congress to reauthorize the HRP and the ODP 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.

EXISTING LAW provides, generally, for the regulation of immigration exclusively by the federal government. (See LULAC v. Wilson (C.D. Cal. 1995) 908 F. Supp. 755, 786-87.)

FISCAL EFFECT: As currently in print this measure is keyed non-fiscal.

COMMENTS: This non-controversial measure urges the President and the Vice President of the United States and the United States 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 United States.

Author's Statement: According to the author:

For the past 40 years since the Fall of Saigon, disabled veterans of the South Vietnamese Army have been stranded in Vietnam under its communist government. These disabled veterans were left ineligible under the Humanitarian Resettlement Program and the Orderly Departure Program, which allowed for more than half a million Vietnamese and their families to immigrate to the United States where they could escape persecution. To be eligible for these resettlement programs, Vietnamese were required to have ties to the U.S. government during the war or have spent time in re-education camps or as political prisoners. Due to their injuries, this subset of disabled veterans was ineligible because they didn’t spend the required length of time in re-education centers of at least one year prior to April 30, 1975. 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 Quân Lực Việt Nam Cộng Hòa) showed their commitment to the United States 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, including members of the Quân Lực Việt Nam Cộng Hòa and those who had maintained a close association with the United States 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 U.N. 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 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 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. (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. According to the UNHCR, more than 500,000 Vietnamese entered the U.S. under the ODP between 1979 and 1999. (The State of the World's Refugees 2000: Fifty Years of Humanitarian Action, p. 69.)

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) 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.)

Experience of Vietnamese refugees in the U.S. According to the UNHCR, many of the Vietnamese people arriving in the U.S. found it difficult getting settled and starting over in their new country. Specifically, UNHCR found: "Former political prisoners and re-education camp detainees arrived traumatized by their experiences in Vietnam. (New arrivals) were also older than most boat people or those who had arrived in 1975. It was more difficult for them to find work, and what jobs they could find were often not commensurate with their previous social position. Together, these factors have made both their economic and psychological adjustment harder. Overall, however, most of the million-plus Vietnamese who resettled in the U.S.—and more particularly the second-generation Vietnamese Americans—have adapted well and today form an integral part of U.S. society."

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 Quân Lực Việt Nam Cộng 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 United States during the war. As a matter of fairness and equity, these disabled veterans deserve the opportunity for resettlement in the United States, to better their lives and escape potential persecution by the government of the Socialist Republic of Vietnam.

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 United States.

Previous 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), Res. Ch. 19, Stats. of 2003 urged the President and Congress 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 died in the Senate Judiciary Committee.

ACR 23 (Maddox), Res. Ch. 70, Stats. of 2001, resolved that the Legislature supports religious freedom for the people of the Socialist Republic of Vietnam, and recommended that 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.

REGISTERED SUPPORT / OPPOSITION:

Support

American Legion, Department of California

AMVETS, Department of California

California Association of County Veterans Service Officers

California State Commanders Veterans Council

Military Officers Association of America, California Council of Chapters

Veterans of Foreign Wars, Department of California

Vietnam Veterans of America, California State Council

Opposition

None on file

Analysis Prepared by: Anthony Lew / JUD. / (916) 319-2334

 THIRD READING  

Bill No: SJR 5

Author: Nguyen (R), et al.

Amended: 4/29/15

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.

Senate Floor Amendments of 4/29/15 make a technical change and add a coauthor.

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 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 Quân Lực Việt Nam Cộng 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 Quân Lực Việt Nam Cộng Hòa, and their sons and daughters, would rightfully bring these veterans and their families into programs that, by their terms, excluded some disabled veterans.

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 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 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 <http://2001-2009.state.gov/r/pa/prs/ps/2005/56936.htm [as of March 25, 2015].) The Humanitarian Resettlement Program 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 <http://www.state.gov/j/prm/ releases/factsheets/2009/181061.htm [as of March 25, 2015].)

Both the Orderly Departure Program and the Humanitarian Resettlement Program restricted resettlement eligibility for certain applicants to those who had spent a set length of time in a re-education center. Some Vietnamese citizens who were disabled in the war and consequently not sent to re-education centers fell outside the eligibility criteria for resettlement under these programs. 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 these disabled veterans and their families to apply to enter the United States.

Comments

The author writes:

This joint resolution calls upon the United States Government to include disabled veterans of the South Vietnamese Army into the Humanitarian Resettlement Program in order to allow them to safely relocate to the United States. These disabled veterans were excluded under the original Humanitarian Resettlement Program because they did not spend the required length of time in re-education centers of at least one year 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.

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.: No Local: No

SUPPORT: (Verified 4/14/15)

None received

OPPOSITION: (Verified 4/14/15)

None received

Prepared by: Tobias Halvarson / JUD. / (916) 651-4113

4/29/15 15:19:07

**** END ****

 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 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 Quân Lực Việt Nam Cộng 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 Quân Lực Việt Nam Cộng Hòa, and their sons and daughters, would rightfully bring these veterans and their families into programs that, by their terms, excluded some disabled veterans.

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 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 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 <http://2001-2009.state.gov/r/pa/prs/ps/2005/56936.htm [as of March 25, 2015].) The Humanitarian Resettlement Program 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 <http://www.state.gov/j/prm/ releases/factsheets/2009/181061.htm [as of March 25, 2015].)

Both the Orderly Departure Program and the Humanitarian Resettlement Program restricted resettlement eligibility for certain applicants to those who had spent a set length of time in a re-education center. Some Vietnamese citizens who were disabled in the war and consequently not sent to re-education centers fell outside the eligibility criteria for resettlement under these programs. 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 these disabled veterans and their families to apply to enter the United States.

Comments

The author writes:

This joint resolution calls upon the United States Government to include disabled veterans of the South Vietnamese Army into the Humanitarian Resettlement Program in order to allow them to safely relocate to the United States. These disabled veterans were excluded under the original Humanitarian Resettlement Program because they did not spend the required length of time in re-education centers of at least one year 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.

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.: No Local: No

SUPPORT: (Verified 4/14/15)

None received

OPPOSITION: (Verified 4/14/15)

None received

Prepared by: Tobias Halvarson / JUD. / (916) 651-4113

4/22/15 16:20:32

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SENATE JUDICIARY COMMITTEE

Senator Hannah-Beth Jackson, Chair

2015 - 2016 Regular Session

Bill No: SJR 5 (Author:Nguyen)

Amended: Version: March 19, 2015

Hearing Date: April 14, 2015

Fiscal: No

Urgency: No

Consultant: TH

SUBJECT

Vietnam: Humanitarian Resettlement

DESCRIPTION

This measure would urge the President and Vice President of the United States and the United States Congress to expand the Humanitarian Resettlement Program to allow disabled veterans of the South Vietnamese Army currently living in the Socialist Republic of Vietnam 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. (See 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 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 <http://2001-2009.state.gov/r/pa/prs/ps/2005/ 56936.htm> [as of March 25, 2015].) The Humanitarian Resettlement Program 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 <http://www.state.gov/j/prm/releases/factsheets/2009/181061.htm> [as of March 25, 2015].)

Both the Orderly Departure Program and the Humanitarian Resettlement Program restricted resettlement eligibility for certain applicants to those who had spent a set length of time in a re-education center. Some Vietnamese citizens who were disabled in the war and consequently not sent to re-education centers fell outside the eligibility criteria for resettlement under these programs. This resolution would urge the President and Vice President of the United States and the United States Congress to expand the Humanitarian Resettlement Program to allow disabled veterans of the South Vietnamese Army currently living in the Socialist Republic of Vietnam to enter the United States.

CHANGES TO EXISTING LAW

This measure would make the following statements:

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

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

• 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;

• 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;

• 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;

• 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 War and have suffered greatly since April 30, 1975;

• the Humanitarian Resettlement Program, also known as the Orderly Departure Program, has 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;

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

• 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;

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

• amending the Humanitarian Resettlement Program, also known as the Orderly Departure Program, to include disabled veterans of the South Vietnamese Army, also known as the Quân Lực Việt Nam Cộng Hòa, would rightfully bring these veterans into a program that was meant to include them but inadvertently left them out.

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

COMMENT

1. Stated need for the bill

The author writes:

This joint resolution calls upon the United States Government to include disabled veterans of the South Vietnamese Army into the Humanitarian Resettlement Program in order to allow them to safely relocate to the United States. These disabled veterans were excluded under the original Humanitarian Resettlement Program because they did not spend the required length of time in re-education centers of at least one year 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.

2. Recognition of Human Rights in California

Since its founding in 1850, the State of California has recognized that all people, by their nature, have certain unalienable rights. California’s current Constitution, adopted by the people in 1879, recognized, among others, the right of “every citizen [to] freely speak, write and publish his [or her] sentiments, on all subjects,” to the “free exercise and enjoyment of religious profession,” and “to be secure in their persons, houses, papers, and effects, against unreasonable seizures and searches.” (See Cal. Const. of 1879, art. I, Secs. 4, 9, and 19.). Since that time, California has continuously expanded its understanding of the rights held by its citizens to include such things as “pursuing and obtaining . . . privacy,” “the right of access to information concerning the conduct of the people’s business,” and even in some circumstances “the right to fish upon and from the public lands of the State.” (See Cal. Const., art. I, Secs. 1, 3, and 25.).

California’s statutory law is similarly replete with provisions recognizing the inherent rights of its residents. The Unruh Civil Rights Act, for example, states that:

All persons within the jurisdiction of this state are free and equal, and no matter what their sex, race, color, religion, ancestry, national origin, disability, medical condition, genetic information, marital status, or sexual orientation are entitled to the full and equal accommodations, advantages, facilities, privileges, or services in all business establishments of every kind whatsoever. (Civ. Code Sec. 51.)

The Ralph Civil Rights Act provides that all persons within the jurisdiction of the state have the right to be free from any violence, or intimidation by threat of violence, committed against their persons or property because of personal or other characteristics or statuses, such as political affiliation, sex, race, color, religion, marital status, sexual orientation, or position in a labor dispute. (Civ. Code Sec. 51.7.) Similarly, the Bane Civil Rights Act provides remedies against those who interfere by threat, intimidation, or coercion, with the exercise or enjoyment of rights secured by the Constitution or laws of the United States, or of the rights secured by the Constitution or laws of the State of California. (Civ. Code Sec. 52.1.)

This resolution follows California’s rich history of recognizing and preserving the inalienable rights of all people. By urging the United States government to reauthorize the Orderly Departure and Humanitarian Resettlement programs for disabled veterans of the South Vietnamese Army, California reaffirms that “[a]ll people are by nature free and independent,” and that this state provides refuge from governments throughout the world who rule their citizens with violence, fear, and oppression. (Cal. Const., art. I, Sec. 1.)

3. Clarifying Amendments

The author offers the following amendments to clarify the sources of findings and certain facts recited in the resolution, to add coauthors, and to limit the text of the resolution to the subject of resettling disabled veterans.

Author’s Amendments:

On page 1, strike (Coauthor: Senator Hertzberg) and insert (Coauthor: Senators Hertzberg and Huff)

On page 1, strike (Coauthors: Assembly Members Chávez, Chu, and Kim) and insert (Coauthors: Assembly Members Chávez, Chu, McCarty, and Kim)

On page 1, strike lines 4 through 13

On page 2, strike lines 1 and 2

On page 2, lines 11 and 12, strike “and have suffered greatly since April 30, 1975”

On page 2, strike lines 13 through 14, and insert “WHEREAS, The Humanitarian Resettlement Program and the Orderly Departure Program have allowed for the”

On page 2, line 18, strike “1975” and insert “1975, and from 1997 to 2009 sons and daughters of former Vietnamese were included in what became known as the McCain Amendment”

On page 2, line 22, following “Yet,” insert “some”

On page 2, line 24, following “Program,” insert “and the Orderly Departure Program”

On page 2, strike lines 26 through 30

On page 2, strike lines 33 and 34 and insert “WHEREAS, Promoting the Humanitarian Resettlement Program and the Orderly Departure Program to include disabled”

On page 2, strike lines 36 through 38 and insert “Lực Việt Nam Cộng Hòa, and their sons and daughters would rightfully bring these veterans and their families into programs that, by their terms, excluded some disabled veterans; now, therefore, be it”

On page 3, line 2, strike “expand” and insert “reauthorize”

On page 3, line 3, following “Program” insert “and the Orderly Departure Program”

On page 3, line 3, following “Army” insert “and their families”

On page 3, line 4, following “to” insert “apply to”

Support: None Known

Opposition: None Known

HISTORY

Source: Author

Related Pending Legislation: None Known

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. This measure died in the Senate Rules Committee.

SJR 13 (Florez, Res. Ch. 19, Stats. 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. This bill was set for hearing in the Senate Judiciary Committee, but the hearing was cancelled at the request of the author.

ACR 23 (Maddox, Res. Ch. 70, Stats. 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. This measure failed adoption in the Senate Rules Committee.

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