[Congressional Record Volume 142, Number 136 (Friday, September 27, 1996)]
[House]
[Pages H11545-H11546]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                 NGUYEN QUY AN AND NGUYEN NGOC KIM QUY

  The Clerk called the bill (H.R. 1087) for the relief of Nguyen Quy An 
and Nguyen Ngoc Kim Quy.
  There being no objection, the Clerk read the bill as follows:

                               H.R. 1087

       Be it enacted by the Senate and House of Representatives of 
     the United States of America in Congress assembled,

     SECTION 1. PERMANENT RESIDENT STATUS FOR NGUYEN QUY AN AND 
                   NGUYEN NGOC KIM QUY.

       (a) In General.--Notwithstanding subsections (a) and (b) of 
     section 201 of the Immigration and Nationality Act, Nguyen 
     Quy An and Nguyen Ngoe Kim Quy shall each be eligible for 
     issuance of an immigrant visa or for adjustment of status to 
     that of an alien lawfully admitted for permanent residence 
     upon filing an application for issuance of an immigrant visa 
     under section 204 of such Act or for adjustment of status to 
     lawful permanent resident.
       (b) Adjustment of Status.--If Nguyen Quy An or Nguyen Ngoe 
     Kim Quy enters the United States before the filing deadline 
     specified in subsection (c), he or she shall be considered to 
     have entered and remained lawfully and shall, if otherwise 
     eligible, be eligible for adjustment of status under section 
     245 of the Immigration and nationality Act as of the date of 
     the enactment of this Act.
       (c) Deadline for Application and Payment of Fees.--
     Subsections (a) and (b) shall apply only if the application 
     for issuance of an immigrant visa or the application for 
     adjustment of status is filed with appropriate fees within 2 
     years after the date of the enactment of this Act.
       (d) Reduction of Immigrant Visa Number.--Upon the granting 
     of an immigrant visa or permanent residence to Nguyen Quy An 
     and Nguyen Ngoe Kim Quy, the Secretary of State shall 
     instruct the proper officer to reduce by 2, during the 
     current or next following fiscal year, the total number of 
     immigrant visas that are made available to natives of the 
     country of the aliens' birth under section 203(a) of the 
     Immigration and Nationality Act or, if applicable, the total 
     number of immigrant visas that are made available to natives 
     of the country of the aliens' birth under section 202(e) of 
     such Act.

  With the following committee amendment in the nature of a substitute:


[[Page H11546]]


       Committee amendment in the nature of a substitute: Strike 
     out all after the enacting clause and insert:

     SECTION 1. WAIVER OF CERTAIN NATURALIZATION REQUIREMENTS FOR 
                   NGUYEN QUY AN.

       (a) In General.--Notwithstanding the inability of Nguyen 
     Quy An to meet the requirements of section 316 of the 
     Immigration and Nationality Act that relate to having the 
     status of an alien lawfully admitted for permanent residence, 
     and residence and physical presence in the United States, if 
     otherwise qualified he shall be considered eligible for 
     naturalization and, upon filing an application for 
     naturalization and being administered the oath of 
     renunciation and allegiance pursuant to section 337 of such 
     Act, shall be naturalized as a citizen of the United States.
       (b) Deadline for Application and Payment of Fee.--
     Subsection (a) shall apply only if the application for 
     naturalization is filed with appropriate fees within 2 years 
     after the date of the enactment of this Act.

  Mr. SENSENBRENNER (during the reading). Mr. Speaker, I ask unanimous 
consent that the committee amendment in the nature of a substitute be 
considered as read and printed in the Record.
  The SPEAKER pro tempore. Is there objection to the request of the 
gentleman from Wisconsin?
  There was no objection.
  The committee amendment in the nature of a substitute was agreed to.
  Ms. LOFGREN. Mr. Speaker, as Members of Congress we are often called 
upon to enact sweeping legislation that will have a substantial impact 
on millions of people. However, I think most of us realize that many 
times we can take smaller, more limited actions that will have an 
enormous effect on the lives of only a few. Often, it is these actions 
that are most fulfilling and most meaningful.
  Today, I am hopeful that the House will pass legislation that 
exemplifies such an endeavor, and which also honors a man whose bravery 
saved the lives of American servicemen, and cost him dearly in his 
service to our country. This bill, H.R. 1087, will secure the 
immigration status of Major Nguyen Quy An by allowing him to apply for 
U.S. citizenship without waiting an additional 5 years. However, in 
actuality I believe it is we who would be honored by the naturalization 
of this courageous man.
  Major An is a genuine hero who, as a pilot in South Vietnam's elite 
``King Bee'' helicopter group, flew numerous combat missions in support 
of U.S. troops during the Vietnam war. In one particularly notable act 
of heroism, he risked his own life in order to save the lives of four 
American servicemen. On January 17, 1969, he led a combined American-
South Vietnamese flight to insert American Special Forces troops deep 
into an enemy-held, sniper-infested jungle along the Ho Chi Minh Trail 
in Laos. After one of the U.S. Army helicopters in the flight was hit 
by enemy fire, Major An maneuvered his ship to a position next to his 
American comrades and led them to a clearing in the jungle. With 
complete disregard for his own safety, and under incessant, intense 
enemy fire, he landed his helicopter next to the crippled American ship 
and waited for the four crew members to make their way to him.
  Major An was cited for the Silver Star and the U.S. Government 
awarded him the Distinguished Flying Cross for heroism in combat for 
his courage in this incident. He later lost his arms when he was 
severely burned after his helicopter was downed in a similar U.S. cobat 
rescue mission.
  Our Government, recognizing the heroism and service that he has given 
to the United States, granted Major An ``humanitarian parole'' so that 
he and his daughter could come to the United States in 1994. They were 
granted a 1-year extension of their humanitarian visas last December, 
but H.R. 1087 would allow Major An to quickly become an American 
citizen, and to promptly file for his daughter to become a permanent 
U.S. resident. A similar bill has been introduced in the Senate by 
Senator Bennett Johnston and has been cosponsored by former Senator 
Dole, as well as Senators Bennett, Hatfield, Nickles, Shelby, Specter, 
Brown, and Inouye. It is my understanding that the Senate is prepared 
to pass our bill quickly once we send it to them.
  Without passage of this bill, Major An will not be able to resolve 
his immigration status and could ultimately be forced to return to 
Vietnam where he would face an uncertain future. Even if he is allowed 
to remain here, the uncertainty of his status prevents him from 
obtaining employment, and creates terrible concern and anguish for him 
and his daughter.
  Private bills are certainly an extreme measure, and should be given 
close scrutiny. However, in this case, I believe a private bill is 
clearly warranted. The Immigration and Naturalization Service has found 
that, other than enactment of this bill, Major An and his daughter have 
no other options. The House Judiciary Committee unanimously approved 
this measure by voice vote.
  This country owes Major An a debt of gratitude. He is a decorated war 
veteran who risked his own life to save the lives of four American 
servicemen, and lost his arms during a U.S. combat mission. The least 
that our country can do to honor his service to America is to secure 
his place here in America, and to help him to quickly become a citizen 
of his adopted country.
  Mr. Speaker, I urge my colleagues to support this bill.
  The bill was ordered to be engrossed and read a third time, was read 
the third time, and passed.
  The title was amended so as to read: ``A bill for the relief of 
Nguyen Quy An.''
  A motion to reconsider was laid on the table.

                          ____________________