[House Report 104-811]
[From the U.S. Government Publishing Office]



104th Congress                                                   Report
                        HOUSE OF REPRESENTATIVES

 2d Session                                                     104-811
_______________________________________________________________________


 
                    FOR THE RELIEF OF NGUYEN QUY AN

                                _______
                                

September 20, 1996.--Committed to the Committee of the Whole House and 
                         ordered to be printed

_______________________________________________________________________


 Mr. Hyde, from the Committee on the Judiciary, submitted the following

                              R E P O R T

                        [To accompany H.R. 1087]

      [Including cost estimate of the Congressional Budget Office]

    The Committee on the Judiciary, to whom was referred the 
bill (H.R. 1087) for the relief of Nguyen Quy An and Nguyen 
Ngoc Kim Quy, having considered the same, report favorably 
thereon with amendments and recommend that the bill as amended 
do pass.
    The amendments are as follows:
    Strike out all after the enacting clause and insert in lieu 
thereof the following:

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 Fees.--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.

    Amend the title so as to read:

                 A BILL for the relief of Nguyen Quy An

                                PURPOSE

    H.R. 1087 waives the requirements 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 and allows Nguyen Quy An 
to apply for naturalization.

                               BACKGROUND

    Major Nguyen Quy An is a 52-year old South Vietnamese 
national currently in the United States on humanitarian parole.
    Major Nguyen Quy An was a South Vietnamese helicopter pilot 
in Vietnam. During the war he saved the lives of four American 
airmen. Later on in the war, the Major sustained injuries which 
resulted in the amputation of both of his arms. As a result of 
his inability to perform work tasks, when he was placed in a 
``re- education'' camp by the North Vietnamese, they expelled 
him from the camp after nine weeks.
    An entry program was set up by the United States to help 
Vietnamese immigrate to this country who were severely punished 
for siding with the United States during the war. One of the 
requirements of that program was that the individual had to 
have been placed in a re-education camp for a period of one 
year. Because the Major was kicked out of the camp after only 
nine weeks, he did not meet the requirement for entry through 
that program.
    The legislation originally included Major An's daughter, 
who is here on humanitarian parole as well. Because Major An 
can file a petition for his daughter, an amendment was adopted 
at Subcommittee to remove the daughter from the legislation. 
The version of this legislation reported by the Subcommittee 
allowed Major An to file for permanent residence. An amendment 
was offered and accepted at full Committee to allow Major An to 
forego the permanent residence period and file for 
naturalization.
    If Major An had not lost his arms, he would have stayed in 
the camp the required time to qualify for entry through the 
program set up for South Vietnamese allies.

                            COMMITTEE ACTION

    On May 23, 1996, the Subcommittee on Immigration and Claims 
favorably reported the bill H.R. 1087, as amended by voice 
vote, to the Judiciary Committee.
    On September 11, 1996, the Committee on the Judiciary 
ordered reported favorably H.R. 1087 with an amendment by voice 
vote, a quorum being present.

                      COMMITTEE OVERSIGHT FINDINGS

    In compliance with clause 2(l)(3)(A) of rule XI of the 
Rules of the House of Representatives, the Committee reports 
that the findings and recommendations of the Committee, based 
on oversight activities under clause 2(b)(1) of rule X of the 
Rules of the House of Representatives, are incorporated in the 
descriptive portions of this report.

         COMMITTEE ON GOVERNMENT REFORM AND OVERSIGHT FINDINGS

    No findings or recommendations of the Committee on 
Government Reform and Oversight were received as referred to in 
clause 2(l)(3)(D) of rule XI of the Rules of the House of 
Representatives.

               NEW BUDGET AUTHORITY AND TAX EXPENDITURES

    Clause 2(l)(3)(B) of House rule XI is inapplicable because 
this legislation does not provide new budgetary authority or 
increased tax expenditures.

               congressional budget office cost estimate

    In compliance with clause 2(l)(3)(C) of rule XI of the 
Rules of the House of Representatives, the Committee sets 
forth, with respect to the bill, H.R. 1087, the following 
estimate and comparison prepared by the Director of the 
Congressional Budget Office under section 403 of the 
Congressional Budget Act of 1974:

                                     U.S. Congress,
                               Congressional Budget Office,
                                Washington, DC, September 18, 1996.
Hon. Henry J. Hyde,
Chairman, Committee on the Judiciary,
House of Representatives, Washington, DC.
    Dear Mr. Chairman: The Congressional Budget Office has 
reviewed H.R. 1087, a bill for the relief of Nguyen Quy An, as 
ordered reported by the House Committee on the Judiciary on 
September 11, 1996. The bill would exempt Nguyen Quy An from 
meeting certain requirements for naturalization. CBO estimates 
that enacting H.R. 1087 would result in no significant cost to 
the federal government.
    H.R. 1087 would impose no private-sector or 
intergovernmental mandates as defined by the Unfunded Mandates 
Reform Act of 1995 (Public Law 104-4), and CBO estimates that 
its enactment would not impose significant costs on the budgets 
of state, local, or tribal governments.
    If you wish further details on this estimate, we will be 
pleased to provide them. The CBO staff contact is Mark 
Grabowicz.
            Sincerely,
                                         June E. O'Neill, Director.

                     inflationary impact statement

    Pursuant to clause 2(l)(4) of rule XI of the Rules of the 
House of Representatives, the Committee estimates that H.R. 
1087 will have no significant inflationary impact on prices and 
costs in the national economy.

                              agency views

    The comments of the Immigration and Naturalization Service 
are as follows:

                        U.S. Department of Justice,
                    Immigration and Naturalization Service,
                                     Washington, DC, June 12, 1996.
Hon. Henry Hyde,
Chairman, Judiciary Committee,
House of Representatives, Washington, DC.
    Dear Mr. Chairman: In response to your request for a report 
relative to H.R. 1087 for the relief of Nguyen Quy An, also 
known as An Quy Nguyen, and Nguyen Ngoc Kim Quy, also known as 
Ngoc Kim Quy Nguyen, there is enclosed a memorandum of 
information concerning the beneficiaries.
    The bill would provide that the beneficiaries would be 
eligible for issuance of immigrant visas or for adjustment of 
status to that of aliens lawfully admitted for permanent 
residence upon filing applications for immigrant visas or for 
adjustment of status. The bill would also require payment of 
appropriate application fees. The bill would further require 
the proper visa number deductions.
            Sincerely,
                                   For the Commissioner,

                                   Pamela Barry,
                                           Director, Congressional 
                                               Relations.
    Enclosure.

 MEMORANDUM OF INFORMATION FROM IMMIGRATION AND NATURALIZATION SERVICE 
                           FILES RE H.R. 1087

    The beneficiary, Nguyen Quy An, also known as An Quy 
Nguyen, a native and citizen of Vietnam was born on January 18, 
1943. He resides in San Jose, California with his son and 
daughter. In 1962 the beneficiary graduated from high school in 
Saigon. He served as a helicopter pilot in the Air Force of the 
Republic of Vietnam from 1963 to 1974, and received some of his 
training at Ft. Rucker, Alabama and Ft. Wolter, Texas. He flew 
numerous combat missions in support of U.S. troops in Vietnam. 
On one of his missions he rescued four crew members of a U.S. 
helicopter which had been shot down. He was cited for the U.S. 
Silver Star and on June 14, 1969 he was awarded the U.S. 
Distinguished Flying Cross for ``Heroism while participating in 
aerial flight''. On his last combat mission both of his arms 
were amputated at the U.S. Army 3rd Field Hospital in Saigon. 
After the fall of the government of the Republic of Vietnam, he 
was released after nine weeks, making him ineligible to leave 
Vietnam through the orderly departure program. After 1975 he 
made three attempts to escape Vietnam, but was apprehended each 
time and imprisoned.
    The beneficiary is presently unemployed and claims as his 
only asset a 1984 Honda Accord and he claims no significant 
liabilities. He is enrolled in a job training program and is 
receiving training in accounting. His son, a lawful permanent 
resident, is employed as a janitor at $5.50 per hour and is 
ineligible to naturalize due to a conviction for possession of 
a firearm. The beneficiary has a brother who is a naturalized 
United States citizen residing in Virginia, who will file a 
petition on Mr. Nguyen's behalf enabling him to apply for a 
family fourth preference visa. At the present time, visas in 
this category are available to applicants with priority dates 
of February 15, 1986. The beneficiary has four other brothers 
and sisters, one is a citizen and resident of Vietnam. The 
others are citizens of France and are currently residing in 
France. The beneficiary's mother is a native and citizen of 
Vietnam and is still residing in Vietnam. The beneficiary has 
been married twice. Both marriages ended in divorce.
    The beneficiary, Nguyen Ngoc Kim Quy, also known as Ngoc 
Kim Quy Nguyen, is the daughter of Nguyen Quy An. She is a 
native and citizen of Vietnam, born on February 2, 1972. She 
resides in San Jose, California with her father and her 
brother. She completed high school in Vietnam in 1990. Prior to 
coming to the United States, she was a licensed cosmetologist 
in Vietnam. She is currently earning approximately $5.50 per 
hour working as an assembler in San Jose, California. She 
claims no significant assets or liabilities. Her mother, who is 
a native and citizen of Vietnam, resides in Vietnam.