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Union Calendar No. 154

107TH CONGRESS

1ST SESSION H. R. 1840

[Report No. 107–254]

To extend eligibility for refugee status of unmarried sons and daughters

of certain Vietnamese refugees.

IN THE HOUSE OF REPRESENTATIVES

MAY 15, 2001

Mr. TOM DAVIS of Virginia (for himself, Mr. DELAY, Mr. SMITH of New Jersey, Mr. ROHRABACHER, and Ms. SANCHEZ) introduced the following bill;

which was referred to the Committee on the Judiciary

OCTOBER 29, 2001

Additional sponsor: Ms. LOFGREN

OCTOBER 29, 2001

Reported with an amendment, committed to the Committee of the Whole

House on the State of the Union, and ordered to be printed

[Strike out all after the enacting clause and insert the part printed in italic]

A BILL

To extend eligibility for refugee status of unmarried sons

and daughters of certain Vietnamese refugees.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,
2

•HR 1840 RH

1 SECTION 1. ELIGIBILITY FOR REFUGEE STATUS.

2 Section 255 of the Admiral James W. Nance and

3 Meg Donovan Foreign Relations Authorization Act, Fiscal

4 Years 2000 and 2001 (section 255 of division A of H.R.

5 3427, as enacted into law by section 1000(a)(7) of Public

6 Law 106–113, appendix G; 113 Stat. 1501A–460) is

7 amended—

8 (1) in subsection (a) by striking ‘‘and 2001,’’

9 and inserting ‘‘2001, 2002, and 2003,’’;

10 (2) in subsection (c)(2)(B), by striking ‘‘except

11 as provided in subsection (d), on or after April 1,

12 1995,’’; and

13 (3) by striking subsection (d).

14 SECTION 1. ELIGIBILITY FOR REFUGEE STATUS.

15 (a) ELIGIBILITY FOR IN-COUNTRY REFUGEE PROC16 ESSING IN VIETNAM.—For purposes of eligibility for in17 country refugee processing for nationals of Vietnam during

18 fiscal years 2002 and 2003, an alien described in subsection

19 (b) shall be considered to be a refugee of special humani20 tarian concern to the United States (within the meaning

21 of section 207 of the Immigration and Nationality Act (8

22 U.S.C. 1157)) and shall be admitted to the United States

23 for resettlement if the alien would be admissible as an im24 migrant under the Immigration and Nationality Act (ex25 cept as provided in section 207(c)(3) of that Act).
3

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1 (b) ALIENS COVERED.—An alien described in this sub2 section is an alien who—

3 (1) is the son or daughter of a qualified national;

4 (2) is 21 years of age or older; and

5 (3) was unmarried as of the date of acceptance

6 of the alien’s parent for resettlement under the Or7 derly Departure Program or through the United

8 States Consulate General in Ho Chi Minh City.

9 (c) QUALIFIED NATIONAL.—The term ‘‘qualified na10 tional’’ in subsection (b)(1) means a national of Vietnam

11 who—

12 (1)(A) was formerly interned in a re-education

13 camp in Vietnam by the Government of the Socialist

14 Republic of Vietnam; or

15 (B) is the widow or widower of an individual

16 described in subparagraph (A);

17 (2)(A) qualified for refugee processing under the

18 Orderly Departure Program re-education subpro19 gram; and

20 (B) is or was accepted under the Orderly Depar21 ture Program or through the United States Consulate

22 General in Ho Chi Minh City—

23 (i) for resettlement as a refugee; or

24 (ii) for admission to the United States as

25 an immediate relative immigrant; and
4

•HR 1840 RH

1 (3)(A) is presently maintaining a residence in

2 the United States or whose surviving spouse is pres3 ently maintaining such a residence; or

4 (B) was approved for refugee resettlement or im5 migrant visa processing and is awaiting departure

6 formalities from Vietnam or whose surviving spouse is

7 awaiting such departure formalities.

Union Calendar No. 154

107TH CONGRESS

1ST SESSION H. R. 1840

[Report No. 107–254]

A BILL

To extend eligibility for refugee status of unmarried

sons and daughters of certain Vietnamese refugees.

OCTOBER 29, 2001

Reported with an amendment, committed to the Committee of the Whole House on the State of the Union,

and ordered to be printed