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The original documents are located in Box 45, folder "5/22/76 HR2776 Relief of Candido
Badua" of the White House Records Office: Legislation Case Files at the Gerald R. Ford
Presidential Library.
Copyright Notice
The copyright law of the United States (Title 17, United States Code) governs the making of
photocopies or other reproductions of copyrighted material. Gerald R. Ford donated to the United
States of America his copyrights in all of his unpublished writings in National Archives collections.
Works prepared by U.S. Government employees as part of their official duties are in the public
domain. The copyrights to materials written by other individuals or organizations are presumed to
remain with them. If you think any of the information displayed in the PDF is subject to a valid
copyright claim, please contact the Gerald R. Ford Presidential Library.
Exact duplicates within this folder were not digitized.
5/5/22
APPROVED MAY22
ACTION
THE WHITE HOUSE
WASHINGTON
Last Day: May 24
May 19, 1976
Posted
5/22/76
MEMORANDUM FOR
THE PRESIDENT
FROM:
JIM CANNO
05/24/76 archives
SUBJECT:
H.R. 2776 - Relief of Candido Badua
Attached for your consideration is H.R. 2776, sponsored
by Representative Leggett.
The enrolled bill would exempt the beneficiary from the
five-year residence and physical presence requirements of
the Immigration and Nationality Act for naturalization.
Mr. Badua has been employed by USIA since 1953 on a temporary
basis and entered the U.S. in 1973. USIA has advised that
his naturalization is necessary inasmuch as they do not
have legal authority to continue his employment.
Additional information is provided in OMB's enrolled bill
report at Tab A.
OMB, Max Friedersdorf, Counsel's Office (Lazarus), NSC
and I recommend approval of the enrolled bill.
RECOMMENDATION
That you sign H.R. 2776 at Tab B.
LIBRARY GERALD ? FORD
Digitized from Box 45 of the White House Records Office Legislation Case Files at the Gerald R. Ford Presidential Library
OF THE
THE
PRESIDENT
EXECUTIVE OFFICE OF THE PRESIDENT
UNITED
OFFICE OF MANAGEMENT AND BUDGET
STENDING
STATES
WASHINGTON, D.C. 20503
MAY 18 1976
MEMORANDUM FOR THE PRESIDENT
Subject: Enrolled Bill H.R. 2776 - Relief of Candido Badua
Sponsor - Rep. Leggett (D) California
Last Day for Action
May 24, 1976 - Monday
Purpose
To authorize the naturalization of a Filipino employee of the
U.S. Government held prisoner by the North Vietnamese during
the Vietnam War.
Agency Recommendations
Office of Management and Budget
Approval
Immigration and Naturalization Service
Approval
Department of State
No objection
Discussion
The enrolled bill would exempt the beneficiary from the five-
year residence and physical presence requirements of the
Immigration and Nationality Act for naturalization and permit
his naturalization at any time after the date of its enactment.
Mr. Badua is a 51 year old native and citizen of the Philippines
who resides with his wife and five children in California.
Mr. Badua has been employed as a radio engineer with the U.S.
Information Agency (USIA), Voice of America, since 1953. He
entered the United States as a permanent resident on August 81,
1973; his wife and children were admitted as permanent residents
on November 5, 1973.
MEMORANDUM
NATIONAL SECURITY COUNCIL
2916
May 19, 1976
MEMORANDUM FOR:
JAMES M. CANNON
FROM:
JEANNE W. DA
SUBJECT:
H.R. 2776 - H.R. 4038
H.R. 8863 - H.R. 5227
The NSC Staff has no objection to the President's approval of
enrolled bills 2776, 4038, 8863 and 5227.
GERALA R. FORD
2
While employed by the Voice of America in Hue, South Vietnam,
Mr. Badua was captured by the Vietcong during the 1968 Tet
offensive and held as a prisoner of war until March 5, 1973.
Shortly after his capture, Mr. Badua acted to save the life
of then-injured Mr. Charles E. Willis, another USIA employee
captured at the same time. By carrying Mr. Willis several
miles during the prisoners' march out of the combat zone,
Mr. Badua prevented the execution of Mr. Willis by a Vietcong
guard. For this heroic act, Mr. Badua received commendations
from both former President Nixon and the Department of State.
Under the U.S. Information and Educational Exchange Act of
1948, USIA is permitted to hire foreign nationals only for
purposes of providing language translation services. Because
Mr. Badua is not a translator, his employment is temporary.
USIA has advised INS that naturalization of Mr. Badua in the
near future is necessary inasmuch as USIA does not have legal
authority to continue his employment on a temporary basis.
Should Mr. Badua's appointment be terminated, he would be
incapable, because of his lack of citizenship, of competing
with U.S. citizens who may apply for the position he would be
forced to vacate. Under current law, Mr. Badua will not be
eligible to apply for naturalization until September 1978.
Approval of the enrolled bill would permit his immediate
naturalization and enable him to compete with other U.S.
citizens for a permanent employment in his current position
or other available Federal jobs.
James m. Director Trey
for Legislative Reference
Enclosures
FORD is LIBRARY
EXECUTIVE OFFICE OF THE PRESIDENT
OFFICE OF MANAGEMENT AND BUDGET
WASHINGTON, D.C. 20503
5-18-96pm.
MAY 18 1976
MEMORANDUM FOR THE PRESIDENT
Subject: Enrolled Bill H.R. 2776 - Relief of Candido Badua
Sponsor - Rep. Leggett (D) California
Last Day for Action
May 24, 1976 - Monday
Purpose
To authorize the naturalization of a Filipino employee of the
U.S. Government held prisoner by the North Vietnamese during
the Vietnam War.
Agency Recommendations
Office of Management and Budget
Approval
Immigration and Naturalization Service
Approval
Department of State
No objection
Discussion
The enrolled bill would exempt the beneficiary from the five-
year residence and physical presence requirements of the
Immigration and Nationality Act for naturalization and permit
his naturalization at any time after the date of its enactment.
Mr. Badua is a 51 year old native and citizen of the Philippines
who resides with his wife and five children in California.
Mr. Badua has been employed as a radio engineer with the U.S.
Information Agency (USIA), Voice of America, since 1953. He
entered the United States as a permanent resident on August 31,
1973; his wife and children were admitted as permanent residents
on November 5, 1973.
LIGRARY
Attached document was not scanned because it is duplicated elsewhere in the document
UNITED STATES DEPARTMENT OF JUSTICE
IMMIGRATION AND NATURALIZATION SERVICE
PLEASE ADDRESS REPLY TO
Washington 25, D.C.
OFFICE OF THE COMMISSIONER
AND REFER TO THIS FILE NO.
13 MAY 1976
A34 480 146
TO
: OFFICE OF MANAGEMENT AND BUDGET
SUBJECT: Enrolled Private Bill No.
H.R. 2776
; Office of Management
and Budget request dated
May 12, 1976.
Beneficiary or Beneficiaries
Candido Badua.
Pursuant to your request for the views of the Department of Justice on
the subject bill, a review has been made of the facsimile of the bill, the re-
lating Congressional Committee report or reports, and all pertinent information
in the files of the Immigration and Naturalization Service
On the basis of this review the Immigration and Naturalization Service,
on behalf of the Department of Justice:
X
Recommends approval of the bill
Interposes no objection to approval of the bill
Sincerely,
Luapmand
Commissioner
CO Form 18
(REV. 1-17-72)
THE WHITE HOUSE
ACTION MEMORANDUM
WASHINGTON
LOG NO.:
Date: May 19
Time: 845am
NSC/S
the
Jack Marsh
FOR ACTION:
CC (for information):
Max Friedersdorf
Jim Cavanaugh
Ken Lazarus
Ed Schmults
FROM THE STAFF SECRETARY
DUE: Date:
May 19
Time:
500pm
SUBJECT:
H.R. 2776 - Relief of Candido Badua
H.R. 4038 - Relief of Jennifer Ann Blum
H.R. 8863 - Relief of Randy E. Crismundo
H.R. 2776 - Relief of Candido Badua
ACTION REQUESTED: H.R. 5227 - Relief of Frank Mark Russell
For Necessary Action
For Your Recommendations
Prepare Agenda an Brief
Draft Reply
X
For Your Comments
Draft Remarks
REMARKS:
Please return to Judy JOhnston, Ground Floor West Wing
LIBRARY GERALO FORD
PLEASE ATTACH THIS COPY TO MATERIAL SUBMITTED.
If you have any questions or if you anticipate a
delay in submitting the required material, please
K. R. COLE, JR.
telephone the Staff Secretary immediately.
For the President
THE WHITE HOUSE
ACTION MEMORANDUM
WASHINGTON
LOG NO.:
Date: May 19
Time: 845am
FOR ACTION:
NSC/S
Jack Marsh
CC (for information):
Max Friedersdorf
Jim Cavanaugh
Ken Lazarus
Ed Schmults
FROM THE STAFF SECRETARY
DUE: Date:
May 19
Time:
500pm
SUBJECT:
H.R. 2776 - Relief of Candido Badua
H.R. 4038 - Relief of Jennifer Ann Blum
H.R. 8863 - Relief of Randy E. Crismundo
ACTION REQUESTED: H.R. 5227 - Relief of Frank Mark Russell
For Necessary Action
For Your Recommendations
.
Prepare Agenda and Brief
Draft Reply
X
For Your Comments
Draft Remarks
REMARKS:
Please return to Judy JOhnston, Ground Floor West Wing
No objection -- Ken Lazarus 5/19/76
FORD is 075930 LIBRARY
PLEASE ATTACH THIS COPY TO MATERIAL SUBMITTED.
If you have any questions or if you anticipate a
delay in submitting the required material, please
James M. Cannon
telephone the Staff Secretary immediately.
For the President
THE WHITE HOUSE
WASHINGTON
May 19, 1976
MEMORANDUM FOR:
JIM CAVANAUGH
FROM:
MAX L. FRIEDERSDORF m.6.
SUBJECT:
Private Relief Bills - H.R. 2776, H.R. 4038
and H.R. 8863
The Office of Legislative Affairs concurs with the agencies
that the bills be signed.
Attachments
MAY 14 1976
Dear Mr. Lynn:
/
Reference is made to Mr. Frey's communication of
May 12, 1976, transmitting for comment enrolled bills
H.R. 8863, "For the relief of Randy E. Crismundo",
H.R. 4038, "For the relief of Jennifer Anne Blum", and
H.R. 2776, "For the relief of Candido Badua".
This Department has no objection to the enactment
of these bills.
Sincerely yours,
Robert J. McCloskey
Assistant Secretary for
Congressional Relations
The Honorable
James T. Lynn
Director,
Office of Management
and Budget.
CENEN1
18
111
5:05
BECEINED
94TH CONGRESS
HOUSE OF REPRESENTATIVES
REPORT
1st Session
No. 94-400
CANDIDO BADUA
JULY 25, 1975.-Committed to the Committee of the Whole House and ordered
to be printed
Mr. SARBANES, from the Committee on the Judiciary,
submitted the following
REPORT
[To accompany H.R. 2776]
The Committee on the Judiciary, to whom was referred the bill
(H.R. 2776) for the relief of Candido Badua, having considered the
same, reports favorably thereon without amendment and recommends
that the bill do pass.
PURPOSE OF THE BILL
The purpose of this bill is to enable Mr. Candido Badua to file a
petition for naturalization.
GENERAL INFORMATION
The beneficiary of this bill is a 51-year-old native and citizen of the
Philippines who was admitted to the United States for permanent
residence on August 31, 1973, accompanied by his wife and five children
who were also admitted as permanent residents. Since 1953 the bene-
ficiary has been employed by the United States Information Agency,
Voice of America. While SO employed in Hue, South Vietnam, he was
taken captive during the 1968 Tet offensive and was held prisoner of
war until March 5, 1973. He is credited with saving the life of an
American official during their captivity.
Certain pertinent facts in this case are contained in letters dated
July 8, 1974 and June 13, 1975 from the Commissioner and Acting
Commissioner, respectively, of the Immigration and Naturalization
57-007
2
3
Service to the Chairman of the Committee on the Judiciary, which
Mr. Badua entered this country as a permanent resident
on August 31, 1973. His wife and five children were admitted
read as follows:
to the United States as permanent residents on November 5,
U.S. DEPARTMENT OF JUSTICE,
1973.
IMMIGRATION AND NATURALIZATION SERVICE,
Mr. Badua stated that he desires to become a United States
Washington, D.C., July 8, 1974.
citizen because he has a strong attachment and affection for
this country. He feels that the five year period he spent as a
Hon. PETER W. RODINO, Jr.,
Chairman, Committee on the Judiciary, House of Representatives,
prisoner of war should fulfill the five year residency require-
ment of the Immigration and Nationality Act. Absent enact-
DEAR MR. CHAIRMAN: In response to your request for a report rela-
Washington, D.C.
ment of the bill, Mr. Badua will not be eligible to file a
tive to the bill (H.R. 12449) for the relief of Candido Badua, there
petition for naturalization until approximately September,
is attached a memorandum of information concerning the beneficiary.
1978 if he remains in the United States.
The bill would waive a portion of the residence and physical pres-
DEPARTMENT OF JUSTICE,
requirements of the Immigration and Nationality Act for
IMMIGRATION AND NATURALIZATION SERVICE,
ence naturalization and permit the beneficiary to be naturalized at any time
Washington, D.C., June 13, 1975.
after the date of its enactment, if he is otherwise eligible for
Hon. PETER W. RODINO, Jr.,
naturalization under that Act.
Chairman, Committee on the Judiciary, House of Representatives,
Sincerely,
Washington, D.C.
LEONARD F. CHAPMAN,
DEAR MR. CHAIRMAN: This refers to H.R. 2776 in behalf of Candido
Commissioner.
Badua, who was also the beneficiary of H.R. 12447, 93rd Congress.
Enclosure.
The beneficiary's 23-year-old single daughter, Teresita Bucsit
Badua, was admitted to the United States in 1974, as a permanent
MEMORAN OF INFORMATION FROM IMMIGRATION AND NATURALIZA-
resident alien and is currently stationed at Fort Meade, Maryland as
TION SERVICE FILES RE H.R. 12449
a member of the United States Army.
The beneficiary, Candido Badua, a native and citizen of
Mrs. Josephine Tyler, Administrative Officer, United States Infor-
the Philippines, was born on June 12, 1924. He resides in San
mation Agency, Voice of America, Washington, D.C., advised that if
Francisco, California with his wife and five children and
adverse action on the Bill is taken and subject does not naturalize in
maintains -a temporary residence in Dixon, California. His
the near future his position would most likely be terminated as the
father is deceased. His mother and two brothers reside in the
agency does not have legal authority to continue his employment on
a temporary basis. She further stated that although Mr. Badua is
Philippines. He has a sister who is a lawful permanent resi-
extremely well qualified for this position there are other persons avail-
dent of the United States and resides in Honolulu, Hawaii.
Mr. Badua is a high school graduate and, additionally, has
able who could perform like services to a lesser degree of proficiency.
received degrees in Electronie Engineering Technology and
Sincerely,
Transistor Theory and Applications through correspondence
JAMES F. GREENE,
courses. Mr. Badua is, and has been since 1953, employed with
Acting Commissioner.
the United States Information Agency, Voice of America.
He is a radio engineer and is presently on temporary assign-
The Department of State submitted a report on this degislation on
ment with the Dixon Relay Station, Dixon, California. Since
July 8, 1974 regarding a bill then pending for the relief of the same
he is still officially assigned to the Philippine Relay Station,
person. That report reads as follows:
Mr. Badua receives the wages paid a radio engineer in the
DEPARTMENT OF STATE,
Philippines, amounting to about $3,000 per year; however,
Washington, D.C., July 8, 1974.
he is receiving a per diem allowance of $25 per day while on
temporary assignment. Mr. Badua owns property valued in
Hon. PETER W. RODINO, Jr.,
excess of $37,000 in the Philippines.
Chairman, Committee on the Judiciary, House of Representatives,
Mr. Badua, while employed with Voice of America in Hue,
Washington, D.C.
South Vietnam, was taken captive by the Viet Cong during
DEAR MR. CHAIRMAN: Reference is made to your request for a report
the 1968 Tet offensive and was held prisoner of war until
concerning the case of Candido Badua, beneficiary of H.R. 12449,
March 5, 1973. Mr. Badua received a letter of appreciation
93rd Congress.
from President Nixon for his heroism in saving the life of
The bill would waive the residence and physical presence require-
Mr. Charles Willis of the United States Information Agency
ments for the beneficiary's naturalization if he is otherwise eligible
subsequent to their capture. He also received a certificate of
for naturalization under the Immigration and Nationality Act.
appreciation from the United States Department of State.
4
5
The beneficiary was born on June 12, 1924 in the Philippines. He
has been employed by the Department of State and the United States
desire to employ him is the basis for the Agency's strong support of
This devotion coupled with his technical abilities and the Agency's
Information Agency for more than twenty years, beginning in May
the private bill on his behalf.
1953. He began his employment as a radio technician with the Depart-
Cordially,
ment in the Philippines and held that position until he transferred to
the United States Information Service (Voice of America at Hue,
LINWOOD HOLTON,
Assistant Secretary for Congressional Relations.
Viet-Nam in December 1964. During the Tet offensive on Hue in
January 1968, while the beneficiary was working as a shift supervisor,
Enclosure: Presidential letter of appreciation.
he was captured by the Viet Cong and imprisoned at Hanoi, North
Viet-Nam. He was released in March 1973 and returned to the Philip-
THE WHITE HOUSE,
pines, where he resumed his employment with the USIA: He is a
Mr. CANDIDO BADUA,
Washington, April 19, 1973.
Transmitter and Receiver Operator and Maintenance Technician.
The beneficiary applied for special immigrant status under section
Manila. Care of the American Embassy,
101 (a) (27) (E) of the Act as an employee of the United States Gov-
ernment. In May 1973 our Ambassador at Manila strongly recom-
DEAR MR. BADUA: The return of prisoners of war from Southeast
mended that Mr. Badua be granted special immigrant status because
of his long and faithful service to this Government, his extended stay
sonal courage and self-sacrifice on behalf of fellow captives. Charles per-
Asia has brought with it a number of accounts of outstanding
in an alien country beseiged by war, and his courageous act of bravery
that Willis of the United States Information Agency has told a story of
in saving the life of an American official in Viet-Nam. In view of his
yours. kind, and the courage and self-sacrifice he has described are
service under exceptional circumstances, the Department concurred in
the Ambassador's recommendation.
Mr. Badua, his wife and three children were issued special immi-
but that could have cost him his life, not only because of their seriousness,
During the 1968 Tet attack on Hue, Mr. Willis sustained injuries
grant visas after they were found qualified in all respects. His adult
daughter, Teresita, was issued a second preference immigrant visia
delayed your march northward to imprisonment. But, as he tells the
also because your captors would have simply shot him had he
following his admission to the United States for permanent residence.
story, "Pop" Badua crawled under him and carried him for most of
Enclosed for the Committee's information is a copy of a Presidential
a day-a remarkable act which clearly saved his life.
letter of appreciation addressed to the beneficiary on April 19, 1973.
At present, Mr. Candido Badua is a Foreign Service Local Em-
that deeply grateful to you for what you did. And we are especially we proud are
I know I speak for all the American people in saying that
ployee of the United States Information Service, Philippines"Rela
you have chosen to continue working for the United States Gov-
Station, on TDY at the Dixon Relay Station, Dixon, California. Mr.
Badua does not intend to return to the Philippines, and has stated his
in Manila honor you, it is a great pleasure for me to join with them
ernment. in On this occasion, as the members of the American Embassy
intent to remain in the United States and obtain his citizenship. In
warmest Sincerely, best wishes for the years ahead.
expressing my heartfelt appreciation for your heroism and my
view of this decision, the Voice of American is very much interested in
continuing Mr. Badua's services on a full-time permanent Civil Serv-
ice or Foreign Service appointment.
RICHARD NIXON.
There is presently a vacancy for a qualified Transmitter and Re-
Mr. Leggett, the author of this bill, appeared before a Subcommit-
ceiver Operator and Maintenance Technican at the USIA Dixon Re-
lay Station. Mr. Badua has been filling this position on a TDY basis
bill as follows:
tee of the Committee on the Judiciary and testified in support of his
for the past 8 months, during which time he has demonstrated that he
is extremely well qualified to fill the position. Legal restrictions, how-
REMARKS OF HON. ROBERT L. LEGGETT, BEFORE THE
ever, do not permit the appointment of noncitizens to positions within
the competitive Civil Service, or the Foreign Service. Citizenship is
SUBCOMMITTEE ON IMMIGRATION, CITIZENSHIP, AND
therefore essential if the United States Information Agency is to ap-
INTERNATIONAL LAW OF THE HOUSE COMMITTEE ON
THE JUDICIARY
point Mr. Badua on a full-time permanent basis in the United States.
To further add to the Agency's desire to assist Mr. Badua in his
effort to obtain immediate citizenship and United States Government
employment, is the fact that Mr. Badua spent 5 years in a Viet Cong
hyperbole is the most deserving private bill of my twelve years' Con-
this morning I am testifying in behalf of H.R. 2776, which without
Chairman Eilberg and members of the Immigration Subcommittee,
prison camp as a direct result of his employment with the United
States Information Service in Hue, Viet Nam. Mr. Badua's desire to
gressional service. These are the facts of the case:
immigrate to the United States after such a grueling experience, along
with his desire to continue to work for the United States Information
national, born in the Philippine Islands 50 years ago. He has been
Mr. Candido Badua, the beneficiary of this bill, is a Philippine
Agency certainly indicates his high degree of loyalty and devotion to
22 employed by the Voice of America continuously since May of 1953:
the United States.
him years ago. VOA sent him to Hue in December 1964 and stationed
there as a shift supervisor. On January 31, 1968, during the Tet
6
7
offensive, he was captured by the Viet Cong together with several
him on TDY for 5 years if necessary. This is not technically illegal,
other employees including his supervisor Charles E. Willis, and Philip
but it certainly is a situation to be avoided if possible.
W. Manhard who is now our Ambassador to Mauritius. The prisoners
The second reason is financial. The position Mr. Badua now holds
were ordered to march north to the Hanoi area.
pays about $1,7,600 per year to a full-time permanent employee. Mr.
Three days after their capture, the prisoners and their guards were
Badua çannot get this salary as long as he is not a U.S. citizen. He
under U.S. air attack. You have in your file a letter from Charles
is paid at the Filipino salary scale of $2000, plus $25 per diem which
Willis describing how Mr. Badua saved his life at that time. I will
equals about $9200, bringing his total salary to about $11,200.
read very briefly from Mr. Willis' account:
While $11,000 is a severe cut from $17,000 I should also point out
"
three days after our capture
Mr.
Badua
intervened
at
that he receives retirement credit only for his $2000 basic salary; to a
the risk of his own life when our captors threatened to shoot me. He
50-year-old man, this is a significant problem. Finalty, he and his
stepped between me and the guerrilla guard whose intent was to kill
family have no hospitalization or other benefits, and cannot have them
me rather than leave me on the trail as I had fallen from exhaustion
unless he becomes a full-time employee by virtue of citizenship.
and was unable to walk further due to my injuries. Mr. Badua man-
The third and most compelling reason is one of justice and equity.
aged to pull me to my feet and with my hands on his shoulders this
Mr. Badua has demonstrated his loyalty and his worth. He has earned
much smaller man tugged and pulled me for several miles until we
his citizenship in a way few if, any of us can match.
both dropped from exhaustion. We were now out of the 'hit' zone and
He has undergone great hardship, deprivation, and risk of life in the
were allowed to rest. I credit him with saving my life."
service of the United States. Unfortunately, he did not do so while in
Ambassador Manhard has provided me with further testimonial to
the uniform of the United States. If he had served his time as a
Mr. Badua's dedication and steadfastness, describing Mr. Badua's
steward in the Navy instead of with VOA, he would be a citizen today.
behavior in this way:
We give this opportunity to aliens who serve in our armed forces
"During our march north he shared his own near-starvation rations
because we say if someone wants to risk his or her life for the United
with other American POW's, literally carried me or others on his
States, that person thereby should have the opportunity to become
back when we were unable to walk, made innumerable personal sacri-
part of the United States. But the fact is that many of his country-
fices to assist and encourage other Americans under the most soul-
men have been asked to do nothing more heroic than making coffee
trying and body-weakening conditions. Mr. Badua's personal calm
for an admiral and buttering toast for a Congressional visitor. In
and constant readiness to help his fellow prisoners were invaluable to
contrast, Mr. Badua as a prisoner of war has endured the most severe
all of us. Mr. Badua, by his exemplary personal behavior and his com-
circumstances. He did so in the service of the United States, willingly
plete, unwavering loyalty to the principles for which our country
and ungrudgingly. Are we now, because of a quirk in the law that
stands, earned the total and undying respect of every single American
places military routine above civilian heroism, to begrudge him the
prisoner who knew him."
citizenship he deserves?
Mr. Badua was released by the North Vietnamese in early 1973,
In concluding, I will deal with the various technical objections which
and on August 31 of that year he entered the United States under
have been raised against this bill at one time or another.
special immigrant status. He is now employed by the Voice of
First, it has been suggested that Mr. Badua's TDY status is a result
America at the Dixon Relay Station at Dixon, California, in the Dis-
of State Department regulation rather than of law, and that it is up to
trict which I represent. He is doing excellent work, as is certified by
the Department to waive its own regulations. As I explained a few
the numerous testimonials from his supervisors which you have in
minutes ago and as Section 80, paragraph (5) of Public Law 80-402.
your file. His employment prospects are secure.
the "United States Information and Educational Exchange Act of
But he is not a United States citizen, and unless this bill passes he
1948" will show, this is not carrect. Unfortunately, the law is very
cannot become one until he has completed his five-year residency re-
clear on this point: Mr. Badua cannot become a permanent employee
quirement in September 1978.
in the U.S. until he becomes a citizen.
Why does he desire citizenship sooner! Why have I introduced this
Second, it has been suggested that passage of this bill would set a
bill? There are three reasons.
precedent which would give one or another group of people claim to
The first is a question of conformity with the spirit of the law.
similar treatment. This is not true, and in order to demonstrate it is
Section 801, paragraph (5) of Public Law 80-402, the "United States
not true, let me quickly list the factors which make the Badua case
Information and Educational Exchange Act of 1948", prevents the
unique:
Voice of America from hiring Mr. Badua on a permanent basis in the
(1) Mr. Badua is a third-country national, who was sent into the
United States. There is an exception for translators, but since Mr.
Indochina danger zone as part of his service to the United States.
Badua is not a translator but a skilled radio technician, he does not
Therefore, this bill does not set a precedent for any Vietnamese re-
qualify. So the State Department has nominally hired him in the
fugees who desire citizenship.
Phillipines and placed him on temporary duty-called TDY-in the
(2) Mr. Badua served five years in a North Vietnamese prison camp.
United States. Now as you know, TDY is supposed to be used for
This is a critical point to which I hope the Subcommittee will give its
periods of six months or less. Mr. Badua has been on TDY for 18
closest attention: It is not necessary simply to grant Mr. Bądua citizen-
months, and the State Department wants him so badly it will keep
8
9
ship as a reward for his service and heroism. On the contrary, I ask
compensation for the time he spent incarcerated. In fact, he has re-
that Mr. Badua be granted credit for his five years' imprisonment
ceived no compensation for this time, other than the very warm and
toward fulfillment of the five-year residency requirement. I ask that
sincere thanks of the State Department.
five years of heroism in the Hanoi Hilton be considered equivalent to
So it is not a case, Mr. Chairman, of a double dip for a single act.
five years tending transformers in California. Surely this is a modest
On the contrary, Mr. Badua has been rewarded for long service to the
but eminently equitable request. And to re-iterate; This distinction is
government, for a long stay in a foreign country, and for personal
critical.
courage. But he has not been compensated for his five years in the
I understand, for example that there is some concern over a citizen-
Hanoi Hilton. It is this inequity which I ask the Subcommittee to
ship bill in the Senate in behalf of a woman from Hong Kong who is a
redress.
longtime State Department employee. I understand there is concern
In summary, Mr. Chairman, this is a case of outstanding merit that
that H.R. 2776, if passed, might come back with the other bill attached
sets no undesirable precedents and creates no insuperable legal prob-
to it. But if H.R. 2776 were to grant Mr. Badua credit for his prison
lems. It does act to provide badly needed and very well-earned relief
time rather than simply waiving residency requirements, this problem
to a man who has slipped between the cracks of the American legal
would not arise.
system, whose case is SO unusual that the public laws do not do him
(3) Mr. Badua behaved with extreme heroism while in the service of
justice. This is what private bills are for, and I urge the Subcommittee
the United States, and saved the lives of American officials at risk to
to give Mr. Badua's case its most careful and favorable consideration.
his own. There is precedent for citizenship based on merit-consider
The Committee received numerous letters in support of this legisla-
the Winston Churchill case-and perhaps the Committee would want
tion which read, in part, as follows:
to include this in its rationale.
Third, it is said that waiving all residency requirements has not been
U.S. INFORMATION AGENCY,
done since 1953, when it was done in three cases at the instance of the
Washington, D.C., April 1, 1975.
CIA.
Hon. JOSHUA EILBERG,
As I have pointed out, this I am not requesting that residency
Chairman, Subcommittee on Immigration, Citizenship and Interna-
requirements be waived; I am asking that Mr. Badua receive credit for
tional Law, Judiciary Committee, House of Representatives,
his time incarcerated. But in addition, Mr. Chairman, I think we both
Washington, D.C.
understand that the question on this or any other piece of legislation
DEAR REPRESENTATIVE EILBERG: I am responsible for the submis-
is not whether it has been done in the past ten years, but whether it
sion of Special Bill HR-12449 (Relief of Candido Badua) by Repre-
should be done now. If we were to confine our activities to what has
sentative Robert Leggett in the last session of Congress. Regrettably,
been done before, we would all be living in caves.
this worthy bill never made it out of committee.
Finally, it is said, in effect, that Mr. Badua got his reward in the
In this session of Congress, Representative Leggett has again intro-
form of his special immigrant status, and that citizenship would now
duced this bill as HR-2776 and from feed-back that I have received
give him a "double dip" he doesn't deserve. I have saved this point for
it may suffer the same fate as HR-12449. This would be deplorable
last because I understand it is the one which troubles some of the mem-
especially in view of the circumstances which make HR-2776 SO
bers of the Subcommittee the most at this time.
noteworthy.
I believe the objection is based on a misunderstanding. There are two
Briefly, HR-2776, in effect, would permit Mr. Candido Badua, a
distinct circumstances one justifies special immigrant status; the other
Philippine National, to acquire U.S. citizenship without the five years
justifies citizenship.
of residence required by the Immigration and Nationality Act.
I call your attention to two letters, in your files: One, dated July 8,
I feel that such action is justified in view of the personal sacrifices
1974, is to Chairman Rodino from Linwood Holton, the State Depart-
made by Mr. Badua between 1968 and 1973 when he was a captive of
ment's Assistant Secretary for Congressional Relations. The second,
the North Vietnamese. Mr. Badua was captured in Hue during the
dated July 24, 1974, is to Chairman Eilberg from James Keogh, the
1968 TET offensive while assigned to the U.S. Information Agency,
Director of USIA. As you know, both endorse Mr. Badua's case in the
Voice of America station there. Mr. Badua's direct efforts saved the
strongest terms. But I mention them now for the specific purpose of
life of American U.S.I.A. employee Mr. Charles Willis. I think you
citing the explanation given by the State Department for Mr. Badua's
will agree that sacrifice and heroism of this degree cannot and should
immigrant status. I quote now from the two letters, which use identical
not be ignored.
language:
I expect to be in Washington between April 14 and 19, and would
"In May 1973, our Ambassador to the Republic of the Philippines
like very much to arrange a meeting either with you or another mem-
strongly recommended that Mr. Badua be granted special immigrant
ber of the sub-committee on Immigration, Citizenship and Interna-
status because of his long and faithful service to this Government, his
tional Law to discuss in detail the merits of HR-2776.
extended stay in an alien country beseiged by war, and his courageous
I understand that this committee meets again on April 17, so if at
act of bravery in saving the life of an American official in Vietnam."
all possible I would like to suggest the 15th or 16th as a date for the
Note that there is no mention of compensation for the time he spent
meeting.
in prison. Mr. Badua did not receive his special immigrant status as
H. Rept. 94-400-2
10
11
I have listed my phone number for your convenience since there
DEPARTMENT OF STATE,
really is not a great deal of time for your reply by mail.
Washington, D.C., pril 10, 1975.
Respectfully,
Hon. JOSHUA EILBERG,
CARLTON W. CLEVELAND,
Chairman, Subcommittee on Immigration, Citizenship, and Inter-
Manager, Dixon Relay Station,
national Law, Committee on the Judiciary, House of Representa-
Voice of America, Dixon, Calif.
tives, Washington, D.C.
DEAR MR. CHAIRMAN: I'm writing in support of H.R. 2776, intro-
duced by Representative Robert L. Leggett for the relief of Candido
U.S. INFORMATION AGENCY,
Badua, a Philippine national employed by the United States Infor-
Washington, D.C., April &, 1975.
mation Agency who was captured and held with American POW's
Hon. JOSHUA EILBERG,
in North Vietnam from 1968-1973. The purpose of the bill is to make
Chairman, Subcommittee on Immigration, Citizenship and Interna-
possible Mr. Badua's immediate naturalization as an American citi-
tionat Law, House of Representatives.
zen-something that Mr. Badua strongly desires and which we support
DEAR MR. CHAIRMAN: H.R. 2776, introduced by the Honorable
in view of his courageous efforts to assist American prisoners of war
Robert L. Leggett for the relief of Candido Badua, was referred to
during their period of captivity.
the Committee on the Judiciary on February 4, 1975. The bill would
Citizenship for Mr. Badua is a matter of special urgency because
waive the residence and physical presence requirements for Mr. Badua,
of provisions of Public Law 80-402 which prevent the USIA from
if he is otherwise eligible for naturalization under the Immigration
hiring a foreign national in any position other than one requiring
and Nationality Act.
"translation and narration of colloquial speech in foreign languages".
The United States Information and Educational Exchange Act of
Mr. Badua is in this country working for USIA on a temporary basis
1948 expressly authorizes and restricts the hiring of foreign nationals
as a technician doing skilled maintenance of radio broadcast facilities.
by the Agency for "services related to the translation or narration of
Although the USIA would like to hire him on a permanent basis, it
colloquial speech in foreign languages when suitably qualified United
cannot do SO under existing law since Mr. Badua's work does not
States citizens are not available " (22 USC 1471 (5)).
involve "translation or narration of colloquial speech in a foreign
Currently, the Agency's Voice of America has a vacancy for which
language".
Mr. Badua is extremely well qualified, and to which he has been
It has been over two years since Mr. Badua's release from captivity
assigned on a temporary basis for some time. This position does not,
in Hanoi. The Americans held with him have told us repeatedly of
however, involve translation or narration of colloquial speech in a
their high regard for him and their urgent hope that he would qualify
foreign langauge. The position requires expertise in the technical op-
for citizenship through private legislation. In 1973, shortly after his
eration and maintenance of radio broadcast transmitting and receiving
return, Mr. Badua was honored at the State Department by a Tribute
facilities.
of Appreciation conferred by the Acting Secretary of State. In light
Mr. Badua possesses this specialízed expertise by virtue of his more
of the special and unusual circumstances of this case, the Department
than 20 years of service with the Voice of America in the Philippines
of State hopes that Congressional approval of H.R. 2776 can be accom-
and Viet Nam as a Transmitter and Receiver Operator and Mainte-
plished at the earliest possible date.
nance Technician.
I hope you will let me know if we can be of further assistance on
Mr. Bađua possesses a high degree of devotion to the United States.
this subject.
This is evidenced by his continuing desire to work for the U.S. Infor-
Sincerely,
mation Agency, after having spent five years in a North Vietnamese
ROBERT J. McCLOSKEY,
prison camp as a direct result of his assignment to Hue, South Viet
Assistant Secretary for Congressional Relations.
Nam for the U.S. Information Agency. It is evidenced also by his
extraordinary act of bravery in saving the life of an American pris-
oner of war while in Viet Nam.
DEPARTMENT OF STATE,
Only Congressional passage of H.R. 2776 would permit the Agency
Washington, D.C., July 8, 1975.
to hire Mr. Badua as a civil service or foreign service employee. The
Hon. PETER W. RODINO, Jr.,
Agency urges that every favorable consideration be given to Mr.
Chairman, Committee on the Judiciary, House of Representatives,
Badua during the Committee's review of H.R. 2776.
Washington, D.C.
Your assistance in expediting the passage of this bill would be
greatly appreciated.
DEAR MR. CHAIRMAN: I am writing with regard to H.R. 2776, which
Sincerely,
would make possible early citizenship for Candido Badua, a Philip-
pine employee of the United States Information Agency who was held
EDWARD HIDALGO,
as a prisoner of war with our men in North Vietnam from 1968-73.
General Counsel and Congressional Liaison,
The Immigration Subcommittee approved this bill on June 10, and I
understand it is to be considered at an early meeting of your full
12
13
Committee. We at the State Department urge your support for this
bill and hope that favorable action on it will be taken soon.
I believe that our country owes a real debt of gratitude to Mr. Badua
Mr. Badua's fellow prisoners in Hanoi have told of his heroism in
for his sacrifices in service to the U.S. Government, his totally un-
captivity and his many actions to aid Americans who were captured
selfish aid to the U.S. prisoners and his devotion to the best ideals of
and held with him, often at great personal risk. Rarely, if ever, has a
our country. I would be proud to welcome him as a fellow American
man SO convincingly demonstrated in advance his loyalty to the U.S.
citizen, and I wish your bill on his behalf Godspeed and success.
and his readiness to work for and support American ideals.
Sincerely yours,
It has been well over two years since Mr. Badua's release from
PHILIP W. MANHARD, Ambassador.
captivity, and he is presently serving on temporary duty at a Voice
of America broadcast relay station in California. According to his
supervisors, he is superbly qualified for that position. Under PL
GREENVILLE, N.C.,
80-402, however, U.S. citizenship is essential for Mr. Badua to hold
April 25, 1975.
that position on a permanent basis. That is why early approval of this
Hon. JOSHUA EILBERG,
bill is a matter of urgent necessity,
House of Representatives, Washington, D.C.
Mr. Badua's case is clearly different from the recent Indochina
DEAR SIR: It is my understanding that a Personal Bill #H-2776
refugees, in that Mr. Badua was a long-time employee of USIA, held
will be presented regarding American citizenship for Mr. Candido
for over five years as a POW in North Vietnam, for whom U.S. citizen-
Badua, a Philippino national held with me as a prisoner of war by
ship is essential for permanent employment in the U.S. with the
the North Vietnamese from 1968 to 1973.
USIA.
I wish to make a personal appeal for your assistance in this matter.
I enclose copies of letters in support of this bill from some of the
I feel this would be one way to help repay him for the acts of courage
American POW's held with Mr. Badua. Their letters speak eloquently
he performed in my behalf and for other Americans who were
of Mr. Badua's heroism at risk of life in his actions to help his fellow
fortunate enough to be in his company during our capture and
prisoners.
incarceration.
Sincerely,
Mr. Badua has indicated his strong desire to become an American
ROBERT J. McCLOSKEY,
Citizen, and in view of the great personal sacrifice made by Mr. Badua
Assistant Secretary for Congressional Relations.
in our behalf, I believe it to be appropriate to offer him any assistance
possible to obtain citizenship.
MARCH 22, 1974.
As an example of Mr. Badua's courage, I would like to recite an
Hon. ROBERT L. LEGGETT,
incident which occurred three days after our capture. Mr. Badua in-
House of Representatives, Washington, D. C.
tervened at the risk of his own life when our captors threatened to
shoot me. He stepped between me and the guerrilla guard whose
DEAR CONGRESSMAN LEGGETT: I write first to express my respect
intent was to kill me rather than leave me on the trail as I had fallen
and admiration for your humanitarian spirit in sponsoring H.R.
from exhaustion and was unable to walk further due to my injuries.
12449, the private citizenship bill for Mr. Candido Badua from the
Philippines, and second to testify to his outstanding qualifications to
Mr. Badua managed to pull me to my feet and with my hands on his
become an American citizen.
shoulders this much smaller man tugged and pulled me for several
miles until we both dropped from exhaustion. We were now out of
Mr. Badua was captured by the Viet Cong in Hue, South Vietnam
the "hit" zone and were allowed to rest. I credit him with saving my
at the same time I was in the Tet offensive of early 1968. We were
life.
taken north in the same group of prisoners shortly thereafter and
Another incident I would like to relate concerned the death and
were in the same prison camps most of the time until our release from
burial of Mr. Tom Ragsdale, U.S. Agricultural adviser for A.I.D
Hanoi in March, 1973. During our march north he shared his own
Mr. Ragsdale was killed during a bombing and strafing incident by
near-starvation rations with other American POWs, literally carried
the Americans while we were being marched through the jungle on
me or others on his back when we were unable to walk, made innumer-
our way to North Vietnam. We buried Tom in a grave in the jungle
able personal sacrifices to assist and encourage other Americans under
the most soul-trying and body-weakening conditions. Mr. Badua's
which was dug with our rice bowls. After a short funeral service
participated in by each of the prisoners, Mr. Badua asked a guard
personal calm and constant readiness to help his fellow prisoners were
for a bolo knife which he used to cut down a small tree and fashion
invaluable to all of us. Mr. Badua, by his exemplary personal be-
havior and his complete, unwavering loyalty to the principles for
a cross. On the face he carved "Tom Ragsdale, U.S. Agricultural
Adviser. March 13, 1968". This act was responsible for the grave
which our country stands, earned the total and undying respect of
being found and Mr. Ragsdale's family subsequently being advised
every single American prisoner who knew him.
of his death.
During the final stage of our captivity in Hanoi when Mr. Badua
plement the prisoners' diet, and his ability with the Vietnamese lan-
was able to speak openly of his cherished dream to become an Ameri-
guage was very useful and undoubtedly alleviated much suffering.
can citizen, not only I but all the other prisoners who knew him
Mr. Badua has given outstanding service for over twenty years
endorsed and welcomed his hope.
with the Voice of America. He has given high-caliber performance
14
15
Mr. Badua's knowledge of edible plants found on the trail to sup-
BUDGETARY INFORMATION
in a complex specialized field and given outstanding service in the
American cause. It would seem appropriate and just for Mr. Badua
This legislation does not provide new budget authority and no
to acquire the American citizenship he so desires and fully deserves.
estimate or comparison has been received from the Director of the
I can think of no one I would rather call a fellow citizen than my
Congressional Budget Office.
friend "Pop" Badua.
Sincerely,
OVERSIGHT STATEMENT
CHARLES E. WILLIS,
Radio Engineer/Voice of America,
The Committee exercises general oversight jurisdiction with respect
Greenville, N.C.
to all immigration and nationality matters but no specific oversight is
contemplated in this instance.
Upon consideration of all the facts in this case, the Committee is of
ROCKVILLE, MD., April 24, 1975.
the opinion that H.R. 2776 should be enacted and accordingly recom-
Hon. JOSHUA EVLBERG,
mends that the bill do pass.
Chairman, Subcommittee on Immigration, Citizenship and Interna-
tional Law, House of Representatives, W ashington, D.C.
DEAR MR. EILBERG: In the recent Vietnam Conflict, some men were
called upon to make very heavy sacrifices. As an American Soldier,
I was bound by the Code of Conduct to perform in a certain manner
while a prisoner of war. So I seek no accolades though my country
has welcomed my return as a hero. However, there is one individual
who is not American, yet who bound himself to me and other Ameri-
can POWs, thereby enduring great hardship, and conducted himself
constantly in a manner which can only be expressed as laudatory and
exemplary.
Candido Badua. known affectionately as "Pop" to his fellow pris-
oners, was an inspiration and guide to us all. In particular, his knowl-
edge and willingmess to help while on the long, arduous trail to Hanoi
was of great service to myself and other Americans who, even under
better circumstances, would have found it difficult to survive and cope
with the situation. His incarceration was marked by his unselfish-
ness and cooperation with American prisoners. In short, he served
America during his captivity a lot better than some Americans, even
military, though himself a Filipino civilian employee.
Recently I learned that "Pop" has applied for U.S. Citizenship and
because of a law he is experiencing some difficulty in obtaining it.
Having been a prisoner myself for 5 years, 2 months, I can personally
attest to the fact that the United States should be proud to count
"Pop" among its citizens.
I've been told that a special bill has been formulated, H.R. 2776, and
that it is now before your subcommittee. The United States of America
owes a debt to Candido Badun, and while I personally feel that we can
never fully repay him, you can in a small way offset this debt by giving
your favorable and expeditious attention to this bill. If you fail to do
so, you will have committed a great injustice to a man who has served
our country honorably at great expense to himself.
I respectfully request your prompt consideration in this matter. I
would be most willing to appear before your committee to attest to
Mr. Badua's complete loyalty to the United States of America.
Sincerely yours,
DONALD J. RANDER.
Warrant Officer, U.S. Army.
Calendar No. 740
94TH CONGRESS
SENATE
REPORT
2d Session
No. 94-784
CANDIDO BADUA
MAY 6, 1976.-Ordered to be printed
Mr. EASTLAND, from the Committee on the Judiciary,
submitted the following
REPORT
[To accompany H.R. 2776]
The Committee on the Judiciary, to which was referred the bill
(H.R. 2776), for the relief of Candido Badua, having considered the
same, reports favorably thereon without amendment and recommends
that the bill do pass.
PURPOSE OF THE BILL
The purpose of the bill is to enable the beneficiary to file a petition
for naturalization.
STATEMENT OF FACTS
The beneficiary of the bill is a 51-year-old native and citizen of the
Philippines who currently resides in San Francisco, Calif. with his
wife and five children. He entered the United States as a permanent
resident on August 31, 1973. He has been employed with the U.S. In-
formation Agency, Voice of America, since 1953. In 1968, while em-
ployed with the Voice of America in Hue, South Vietnam, the
beneficiary was taken captive by the Vietcong and held prisoner of
war until March 5, 1973. He has received numerous letters of commen-
dation in connection with his service in Vietnam.
A letter, with attached memorandum, dated July 8, 1974 to the
chairman of the Committee on the Judiciary of the House of Repre-
sentatives from the Commissioner of Immigration and Naturalization
refers to H.R. 12449, a similar bill, introduced in the 93d Congress.
The information reads as follows:
57-007
2
3
U.S. DEPARTMENT OF JUSTICE,
Mr. Badua stated that he desires to become a U.S. citizen
IMMIGRATION AND NATURALIZATION SERVICE,
because he has a strong attachment and affection for this coun-
Washington, D.C., July 8, 1974.
try. He feels that the 5-year period he spent as a prisoner of
Hon. PETER W. RODINO, Jr.,
war should fulfill the 5-year residency requirement of the
Chairman, Committee on the Judiciary, House of Representatives,
Immigration and Nationality Act. Absent enactment of the
Washington, D.C.
bill, Mr. Badua will not be eligible to file a petition for
DEAR MR. CHAIRMAN: In response to your request for a report rela-
naturalization until approximately September 1978 if he re-
tive to the bill (H.R. 12449) for the relief of Candido Badua, there
mains in the United States.
is attached a memorandum of information concerning the beneficiary.
The bill would waive a porition of the residence and physical pres-
A supplemental report dated June 13, 1975 to the chairman of the
ence requirements of the Immigration and Nationality Act for natu-
Committee on the Judiciary of the House of Representatives from the
ralization and permit the beneficiary to be naturalized at any time
then Acting Commissioner of Immigration and Naturalization with
reference to the instant bill reads as follows:
after the date of its enactment, if he is otherwise eligible for
naturalization under that act.
DEPARTMENT OF JUSTICE,
Sincerely,
IMMIGRATION AND NATURALIZATION SERVICE,
LEONARD F. CHAPMAN, Commissioner.
Enclosure.
Washington, D.C., June 13, 1975.
Hon. PETER W. RODINO, Jr.,
Chairman, Committee on the Judiciary, House of Representatives,
MEMORANDUM OF INFORMATION FROM IMMIGRATION AND NATU-
Washington, D.C.
RALIZATION SERVICE FILES RE II.R. 12449
DEAR MR. CHAIRMAN: This refers to H.R. 2776 in behalf of Candido
The beneficiary, Candido Badua, a native and citizen of
Badua, who was also the beneficiary of H.R. 12447, 93rd Congress.
the Philippines, was born on June 12, 1924. He resides in San
The beneficiary's 23-year-old single daughter, Teresita Bucsit
Francisco, Calif., with his wife and five children and main-
Badua, was admitted to the United States in 1974, as a permanent
tains a temporary residence in Dixon, Calif. His father is
resident alien and is currently stationed at Fort Meade, Md., as a
deceased. His mother and two brothers reside in the Philip-
member of the U.S. Army.
pines. He has a sister who is a lawful permanent resident of
Mrs. Josephine Tyler, Administrative Officer, U.S. Information
the United States and resides in Honolulú, Hawaii. Mr.
Agency, Voice of America, Washington, D.C., advised that if adverse
Badua is a high school graduate and, additionally, has re-
action on the bill is taken and subject does not naturalize in the near
ceived degrees in electronic engineering technology and tran-
future his position would most likely be terminated as the Agency does
sistor theory and applications through correspondence courses.
not have legal authority to continue his employment on a temporary
Mr. Badua is, and has been since 1953, employed with the
basis. She further stated that although Mr. Badua is extremely well
U.S. Information Agency, Voice of America. He is a radio
qualified for this position there are other persons available who could
engineer and is presently on temporary assignment with the
perform like services to a lesser degree of proficiency.
Dixon Relay Station, Dixon, Calif. Since he is still officially
Sincerely,
assigned to the Philippine Relay Station, Mr. Badua receives
JAMES F. GREENE, Acting Commissioner.
the wages paid a radio engineer in the Philippines, amounting
to about $3,000 per year; however, he is receiving a per diem
A letter dated July 8, 1974 to the chairman of the Committee on the
allowance of $25 per day while on temporary assignment.
Judiciary of the House of Representatives from the then Assistant
Mr. Badua owns property valued in excess of $37,000 in the
Secretary for Congressional Relations reads as follows:
Philippines.
Mr. Badua, while employed with Voice of America in Hue,
DEPARTMENT OF STATE,
South Vietnam, was taken captive by the Vietcong during
Washington, D.C., July 8, 1974.
the 1968 Tet offensive and was held prisoner of war until
Hon. PETER W. RODINO, Jr.,
March 5, 1973. Mr. Badua received a letter of appreciation
Chairman, Committee on the Judiciary, House of Representatives,
from President Nixon for his heroism in saving the life of
Washington, D.C.
Mr. Charles Willis of the U.S. Information Agency subse-
DEAR MR. CHAIRMAN: Reference is made to your request for a re-
quent to their capture. He also received a certificate of appre-
port concerning the case of Candido Badua, beneficary of H.R. 12449,
ciation from the United States Department of State.
93d Congress.
Mr. Badua entered this country as a permanent resident
The bill would waive the residence and physical presence require-
on August 31, 1973. His wife and five children were admitted
ments for the beneficiary's naturalization if he is otherwise eligible
to the United States as permanent residents on November 5,
for naturalization under the Immigration and Nationality Act.
1973.
The beneficiary was born on June 12, 1924, in the Philippines. He
has been employed by the Department of State and the U.S. Informa-
4
5
tion Agency for more than 20 years, beginning in May 1953. He began
This devotion, coupled with his technical abilities and the Agency's
his employment as a radio technician with the Department in the Phil-
ippines and held that position until he transferred to the U.S. In-
desire to employ him, is the basis for the Agency's strong support of
the private bill on his behalf.
formation Service (Voice of America at Hue, Vietnam in December
Cordially,
1964. During the Tet offensive on Hue in January 1968, while the bene-
LINWOOD HOLTON,
ficiary was working as a shift supervisor, he was captured by the Viet-
Assistant Secretary for Congressional Relations.
cong and imprisoned at Hanoi, North Vietnam. He was released in
March 1973 and returned to the Philippines, where he resumed his em-
Enclosure: Presidential letter of appreciation.
ployment with the USIA. He is a transmitter and receiver operator and
maintenance technician.
THE WHITE HOUSE,
The beneficiary applied for special immigrant status under section
101 (a) (27) (E) of the act as an employee of the U.S. Government. In
Washington, April 19, 1973.
Mr. CANDIDO BADUA,
May 1973 our Ambassador at Manila strongly recommended that Mr.
Care of the American Embassy,
Badua be granted special immigrant status because of his long and
Manila.
faithful service to this Government, his extended stay in an alien
country beseiged by war, and his courageous act of bravery in saving
DEAR MR. BADUA: The return of prisoners of war from Southeast
the life of an American official in Vietnam. In view of his service
Asia has brought with it a number of accounts of outstanding per-
under exceptional circumstances, the Department concurred in the
sonal courage and self-sacrifice on behalf of fellow captives. Charles
Ambassador's recommendation.
Willis of the United States Information Agency has told a story of
Mr. Badua, his wife, and three children were issued special immi-
that kind, and the courage and self-sacrifice he has described are
grant visas after they were found qualified in all respects. His adult
yours.
daughter, Teresita, was issued a second preference immigrant visia
During the 1968 Tet attack on Hue, Mr. Willis sustained injuries
following his admission to the United States for permanent residence.
that could have cost him his life, not only because of their seriousness,
Enclosed for the committee's information is a copy of a Presidential
but also because your captors would have. simply shot him had he
letter of appreciation addressed to the beneficiary on April 19, 1973.
delayed your march northward to imprisonment. But, as he tells the
At present, Mr. Candido Badua is a Foreign Service local em-
story, "Pop" Badua crawled under him and carried him for most of
ployee of the U.S. Information Service, Philippines Relay Station,
a day-a remarkable act which clearly saved his life.
on TDY at the Dixon Relay Station, Dixon, Calif. Mr. Badua does
I know I speak for all the American people in saying that we are
not intend to return to the Philippines, and has stated his intent to
deeply grateful to you for what you did. And we are especially proud
remain in the United States and obtain his citizenship. In view of this
that you have chosen to continue working for the United States Gov-
decision, the Voice of American is very much interested in continuing
ernment. On this occasion, as the members of the American Embassy
Mr. Badua's services on a full-time permanent civil service on Foreign
in Manila honor you, it is a great pleasure for me to join with them
Service appointment.
in expressing my heartfelt appreciation for your heroism and my
There is presently a vacancy for a qualified transmitter and re-
warmest best wishes for the years ahead.
ceiver operator and maintenance technician at the USIA Dixon Re-
Sincerely,
lay Station. Mr. Badua, has been filling this position on a TDY basis
RICHARD NIXON.
for the past 8 months, during which time he has demonstrated that he
is extremely well qualified to fill the position. Legal restrictions, how-
Congressman Robert L. Leggett, the author of the bill, appeared
ever, do not permit the appointment of noncitizens to positions within
before a subcommittee of the House Committee on the Judiciary and
the competitive civil service or the Foreign Service. Citizenship is
testified in support of this legislation:
therefore essential if the U.S. Information Agency is to appoint Mr.
Badua on a full-time permanent basis in the United States.
REMARKS OF HON. ROBERT L. LEGGETT, BEFORE THE SUBCOMMITTEE ON
To further add to the Agency's desire to assist Mr. Badua in his
IMMIGRATION, CITIZENSHIP, AND INTERNATIONAL LAW OF THE
effort to obtain immediate citizenship and U.S. Government employ-
HOUSE COMMITTEE ON THE JUDICIARY
ment, is the fact that Mr. Badua spent 5 years in a Vietcong prison
Chairman Eilberg and members of the Immigration Subcom-
camp as a direct result of his employment with the U.S. Information
Service in Hue, Vietnam. Mr. Badua's desire to immigrate to the
mittee, this morning I am testifying in behalf of H.R. 2776, which
United States after such a grueling experience, along with his desire
without hyperbole is the most deserving private bill of my 12
years' congressional service. These are the facts of the case:
to continue to work for the U.S. Information Agency certainly indi-
cates his high degree of loyalty and devotion to the United States.
Mr. Candido Badua, the beneficiary of this bill, is a Philippine
national, born in the Philippine Islands 50 years ago. He has been
employed by the Voice of America continuously since May of
6
7
1953 22 years ago. Voice of America sent him to Hue in Decem-
1948, prevents the Voice of America from hiring Mr. Badua
ber 1964 and stationed him there as a shift supervisor. On Janu-
on a permanent basis in the United States. There is an excep-
ary 31, 1968, during the Tet offensive, he was captured by the
tion for translators, but since Mr. Badua is not a translator
Vietcong together with several other employees including his
but a skilled radio technician, he does not qualify. So the
supervisor, Charles E. Willis, and Philip W. Manhard who is now
State Department has nominally hired him in the Philip-
our Ambassador to Mauritius. The prisoners were ordered to
pines and placed him on temporary duty-called TDY-in
march north to the Hanoi area.
the United States. Now as you know, TDY is supposed to be
Three days after their capture, the prisoners and their guards
used for periods of 6 months or less. Mr. Badua has been on
were under U.S. air attack. You have in your file a letter from
TDY for 18 months, and the State Department wants him SO
Charles Willis describing how Mr. Badua saved his life at that
badly it will keep him on TDY for 5 years if necessary. This
time. I will read very briefly from Mr. Willis' account:
is not technically illegal, but it certainly is a situation to be
* three days after our capture * * Mr. Badua inter-
avoided if possible.
"*
vened at the risk of his own life when our captors threatened
The second reason is financial. The position Mr. Badua now
to shoot me. He stepped between me and the guerrilla guard
holds pays about $17,600 per year to a full-time permanent
whose intent was to kill me rather than leave me on the trail
employee. Mr. Badua cannot get this salary as long as he is
as I had fallen from exhaustion and was unable to walk
not a U.S. citizen. He is paid at the Filipino salary scale of
further due to my injuries. Mr. Badua managed to pull me
$2,000, plus $25 per diem which equals about $9,200, bring-
to my feet and with my hands on his shoulders this much
ing his total salary to about $11,200.
smaller man tugged and pulled me for several miles until we
While $11,000 is a severe cut from $17,000 I should also
both dropped from exhaustion. We were now out of the "hit"
point out that he receives retirement credit only for his $2,000
zone and were allowed to rest. I credit him with saving my
basic salary; to a 50-year-old man, this is a significant prob-
lem. Finally, he and his family have no hospitalization or
life."
Ambassador Manhard has provided me with further testi-
other benefits, and cannot have them unless he becomes a full-
monial to Mr. Badua's dedication and steadfastness, describ-
time employee by virtue of citizenship.
ing Mr. Badua's behavior in this way:
The third and most compelling reason is one of justice and
"During our march north he shared his own near-starva-
equity. Mr. Badua has demonstrated his loyalty and his
tion rations with other American prisoners of war, literally
worth. He has earned his citizenship in a way few if any of
us can match.
carried me or others on his back when we were unable to walk,
made innumerable personal sacrifices to assist and encourage
He has undergone great hardship, deprivation, and risk of
other Americans under the most soul-trying and body-weak-
life in the service of the United States. Unfortunately. he did
not do SO while in the uniform of the United States. If he had
ening conditions. Mr. Badua's personal calm and constant
readiness to help his fellow prisoners were invaluable to all
served his time as a steward in the Navy instead of with VOA,
of us. Mr. Badua, by his exemplary personal behavior and
he would be a citizen today.
his complete, unwavering loyalty to the principles for which
We give this opportunity to aliens who serve in our Armed
our country stands, earned the total and undying respect of
Forces because we say if someone wants to risk his or her life
for the United States, that person thereby should have the
every single American prisoner who knew him."
Mr. Badua was released by the North Vietnamese in early
opportunity to become part of the United States. But the
fact is that many of his countrymen have been asked to do
1973, and on August 31 of that year he entered the United
nothing more heroic than making coffee for an admiral and
States under special immigrant status. He is now employed
buttering toast for a congressional visitor. In contrast, Mr.
by the Voice of America at the Dixon Relay Station at Dixon,
Badua as a prisoner of war has endured the most severe cir-
Calif., in the district which I represent. He is doing excellent
cumstances. He did SO in the service of the United States, will-
work, as is certified by the numerous testimonials from his
ingly and ungrudgingly. Are we now, because of a quirk in
supervisors which you have in your file. His employment
the law that places military routine above civilian heroism,
prospects are secure.
to begrudge him the citizenship he deserves?
But he is not a U.S. citizen, and unless this bill passes he
In concluding, I will deal with the various technical objec-
cannot become one until he has completed his 5-year residency
tions which have been raised against this bill at one time or
requirement in September 1978.
another.
Why does he desire citizenship sooner? Why have I intro-
First, it has been suggested that Mr. Badua's TDY status
duced this bill There are three reasons.
is a result of State Department regulation rather than of law,
The first is a question of conformity with the spirit of the
and that it is up to the Department to waive its own regula-
law. Section 801, paragraph (5) of Public Law 80-402, the
tions. As I explained a few minutes ago and as section 80,
United States Information and Educational Exchange Act of
paragraph (5) of Public Law 80-402, the United States In-
S
9
formation and Educational Exchange Act of 1948 will show,
one which troubles some of the members of the subcommittee
this is not correct. Unfortunately, the law is very clear on this
the most at this time.
point: Mr. Badua cannot become a permanent employee in
I believe the objection is based on a misunderstanding.
the United States until he becomes a citizen.
There are two distinct circumstances: one justifies special im-
Second, it has been suggested that passage of this bill would
migrant status; the other justifies citizenship.
set a precedent which would give one or another group of
I call your attention to two letters in your files: One, dated
people claim to similar treatment. This is not true, and in
July 8, 1974, is to Chairman Rodino from Linwood Holton,
order to demonstrate it is not true, let me quickly list the fac-
the State Department's Assistant Secretary for Congression-
tors which make the Badua case unique:
al Relations. The second, dated July 24, 1974, is to Chairman
(1) Mr. Badua is a third-country national, who was sent
Eilberg from James Keogh, the Director of USIA. As you
into the Indochina danger zone as part of his service to the
know, both endorse Mr. Badua's case in the strongest terms.
United States. Therefore, this bill does not set a precedent
But I mention them now for the specific purpose of citing the
for any Vietnamese refugees who desire citizenship.
explanation given by the State Department for Mr. Badua's
(2) Mr. Badua served 5 years in a North Vietnamese pris-
immigrant status. I quote now from the two letters, which use
on camp. This is a critical point to which I hope the Subcom-
identical language:
mittee will give its closest attention: It is not necessary sim-
"In May 1973, our Ambassador to the Republic of the Phil-
ply to grant Mr. Badua citizenship as a reward for his serv-
ippines strongly recommended that Mr. Badua be granted
ice and heroism. On the contrary, I ask that Mr. Badua be
special immigrant status because of his long and faithful
granted credit for his 5 years' imprisonment toward fulfill-
service to this Government, his extended stay in an alien coun-
ment of the 5-year residency requirement. I ask that 5 years
try besieged by war, and his courageous act of bravery in
of heroism in the Hanoi Hilton be considered equivalent to 5
saving the life of an American official in Vietnam." Note that
years tending transformers in California. Surely this is a
there is no mention of compensation for the time he spent in
modest but eminently equitable request. And to reiterate:
prison. Mr. Badua did not receive his special immigrant
This distinction is critical.
status as compensation for the time he spent incarcerated.
I understand, for example that there is some concern over
In fact, he has received no compensation for this time, other
a citizenship bill in the Senate in behalf of a woman from
than the very warm and sincere thanks of the State
Hong Kong who is a longtime State Department employee.
Department.
I understand there is concern that H.R. 2776, if passed, might
So it is not a case, Mr. Chairman, of a "double dip" for a
come back with the other bill attached to it. But if H.R. 2776
single act. On the contrary, Mr. Badua has been rewarded for
were to grant Mr. Badua credit for his prison time rather
long service to the Government, for a long stay in a foreign
than simply waiving residency requirements, this problem
country, and for personal courage. But he has not been com-
would not arise.
pensated for his 5 years in the Hanoi Hilton. It is this in-
(3) Mr. Badna behaved with extreme heroism while in the
equity which I ask the subcommittee to redress.
service of the United States. and saved the lives of American
In summary, Mr. Chairman, this is a case of outstanding
officials at risk to his own. There is precedent for citizenship
merit that sets no undesirable precedents and creates no in-
based on merit-consider the Winston Churchill case-and
superable legal problems. It does act to provide badly needed
perhaps the committee would want to include this in its
and very well-earned relief to a man who has slipped be-
rationale.
tween the cracks of the American legal system, whose case is
Third, it is said that waiving all residency requirements
So unusual that the public laws do not do him justice. This is
has not been done since 1953, when it was done in three cases
what private bills are for, and I urge the subcommittee to
at the instance of the CIA.
give Mr. Badua's case its most careful and favorable
As I have pointed out, I am not requesting that resi-
consideration.
dency requirements be waived; I am asking that Mr. Badua
receive credit for his time incarcerated. But in addition, Mr.
The House Judiciary Committee received numerous letters in sup-
Chairman, I think we both understand that the question on
port of this legislation. Examples read as follows:
this or any other piece of legislation is not whether it has
been done in the past 10 years, but whether it should be done
U.S. INFORMATION AGENCY,
now. If we were to confine our activities to what has been
W ashington, D.C., April 1, 1975.
done before, we would all be living in caves.
Hon. JOSHUA EILBERG,
Finally, it is said, in effect, that Mr. Badua got his reward
Chairman, Subcommittee on Immigration, Citizenship and Interna-
in the form of his special immigrant status, and that citizen-
tional Law, Judiciary Committee, House of Representatives,
ship would now give him a "double dip" he doesn't deserve.
Washington, D.C.
I have saved this point for last because I understand it is the
DEAR REPRESENTATIVE EILBERG: I am responsible for the submis-
sion of special bill H.R. 12449 (relief of Candido Badua) by Repre-
10
11
sentative Robert Leggett in the last session of Congress. Regrettably,
however, involve translation or narration of colloquial speech in a
this worthy bill never made it out of committee.
In this session of Congress, Representative Leggett has again intro-
eration and maintenance of radio broadcast transmitting and receiving
foreign language. The position requires expertise in the technical op-
duced this bill as H.R. 2776 and from feedback that I have received
it may suffer the same fate as H.R. 12449. This would be deplorable
facilities. Mr. Badua possesses this specialized expertise by virtue of his more
especially in view of the circumstances which made H.R. 2776 so
than 20 years of service with the Voice of America in the Philippines
noteworthy.
and Vietnam as a transmitter and receiver operator and maintenance
Briefly, H.R. 2776, in effect, would permit Mr. Candido Badua, a
Philippine national, to acquire U.S. citizenship without the 5 years
technician. Mr. Badua possesses a high degree of devotion to the United States.
of residence required by the Immigration and Nationality Act.
This is evidenced by his continuing desire to work for the U.S. Infor-
I feel that such action is justified in view of the personal sacrifices
mation Agency, after having spent 5 years in a North Vietnamese Vietnam
made by Mr. Badua between 1968 and 1973 when he was a captive of
prison camp as a direct result of his assignment to Hue, South extraor-
the North Vietnamese. Mr. Badua was captured in Hue during the
for the U.S. Information Agency. It is evidenced also by his
1968 Tet offensive while assigned to the U.S. Information Agency,
dinary act of bravery in saving the life of an American prisoner of war
Voice of America, station there. Mr. Badua's direct efforts saved the
while in Vietnam.
life of American USIA employee Mr. Charles Willis. I think you will
agree that sacrifice and heroism of this degree cannot and should not
to hire Mr. Badua as a civil service or foreign service employee.
Only congressional passage of H.R. 2776 would permit the Agency The
be ignored.
Agency urges that every favorable consideration be given to Mr.
I expect to be in Washington between April 14 and 19, and would
Badua during the committee's review of H.R. 2776.
like very much to arrange a meeting either with you or another mem-
Your assistance in expediting the passage of this bill would be
ber of the Subcommittee on Immigration. Citizenship and Interna-
greatly appreciated.
tional Law to discuss in detail the merits of H.R. 2776.
Sincerely,
EDWARD HIDALGO,
I understand that this committee meets again on April 17, so if at
General Counsel and Congressional Liaison.
all possible I would like to suggest the 15th or 16th as a date for the
meeting.
I have listed my phone number for your convenience since there
really is not a great deal of time for your reply by mail.
DEPARTMENT OF STATE,
Respectfully,
Washington, D.C., April 10, 1975.
CARLTON W. CLEVELAND,
Hon. JOSHUA EILBERG,
Manager, Dixon Relay Station,
Chairman, Subcommittee on Immigration, Citizenship and Inter-
Voice of America, Dixon, Calif.
national Law, Committee on the Judiciary, House of Representa-
tives, Washington, D.C.
DEAR MR. CHAIRMAN I am writing in support of H.R. 2776, intro-
U.S. INFORMATION AGENCY,
duced by Representative Robert L. Leggett for the relief of Candido
Washington, D.C., April 8, 1975.
Badua, a Philippine national employed by the U.S. Information
Hon. JOSHUA EILBERG,
Chairman, Subcommittee on Immigration, Citizenship and Interna-
Vietnam from 1968 to 1973. The purpose of the bill is to make possible
Agency who was captured and held with American POW's in North
tional Law, House of Representatives.
Mr. Badua's immediate naturalization as an American citizen; some-
DEAR MR. CHAIRMAN: H.R. 2776, introduced by the Honorable
thing that Mr. Badua strongly desires and which we support in view
Robert L. Leggett for the relief of Candido Badua, was referred to
of his courageous efforts to assist American prisoners of war during
the Committee on the Judiciary on February 4, 1975. The bill would
their period of captivity.
waive the residence and physical presence requirements for Mr. Badua,
Citizenship for Mr. Badua is a matter of special urgency because
if he is otherwise eligible for naturalization under the Immigration
of provisions of Public Law 80-402 which prevent the USIA from
and Nationality Act.
hiring a foreign national in any position other than one requiring
The United States Information and Educational Exchange Act of
"translation and narration of colloquial speech in foreign languages".
1948 expressly authorizes and restricts the hiring of foreign nationals
Mr. Badua is in this country working for USIA on a temporary basis
by the Agency for "services related to the translation or narration of
as a technician doing skilled maintenance of radio broadcast facilities.
colloquial speech in foreign languages when suitably qualified United
Although the USIA would like to hire him on a permanent basis, it
States citizens are not available * * *" (22 U.S.C. 1471(5)).
cannot do SO under existing law since Mr. Badua's work does not
Currently, the Agency's Voice of America has a vacancy for which
involve "translation or narration of colloquial speech in a foreign
Mr. Badua is extremely well qualified, and to which he has been
language".
assigned on a temporary basis for some time. This position does not,
12
13
in Hanoi. The Americans held with him have told us repeatedly of
It has been over 2 years since Mr. Badua's release from captivity
MARCH 22, 1974.
Hon. ROBERT L. LEGGETT,
for citizenship through private legislation. In 1973, shortly after his
their high regard for him and their urgent hope that he would qualify
House of Representatives,
Washington, D.C.
return, Mr. Badua was honored at the State Department by a tribute
DEAR CONGRESSMAN LEGGETT: I write first to express my respect
of appreciation conferred by the Acting Secretary of State. In light
and admiration for your humanitarian spirit in sponsoring H.R. 12449,
of the special and unusual circumstances of this case, the Department
the private citizenship bill for Mr. Candido Badua from the Philip-
of State hopes that congressional approval of H.R. 2776 can be accom-
pines, and second to testify to his outstanding qualifications to become
plished at the earliest possible date.
an American citizen.
I hope you will let me know if we can be of further assistance on
Mr. Badua was captured by the Vietcong in Hue, South Vietnam
this subject.
at the same time I was in the Tet offensive of early 1968. We were
Sincerely,
taken north in the same group of prisoners shortly thereafter and
ROBERT J. McCLOSKEY,
were in the same prison camps most of the time until our release from
Assistant Secretary for Congressional Relations.
Hanoi in March 1973. During our march north he shared his own
near-starvation rations with other American prisoners of war, literally
carried me or others on his back when we were unable to walk, made
innumerable personal sacrifices to assist and encourage other Ameri-
DEPARTMENT OF STATE,
cans under the most soul-trying and body-weakening conditions. Mr.
Hon. PETER W. RODINO, Jr.,
Washington, D.C., July 8, 1975.
Badua's personal calm and constant readiness to help his fellow prison-
Chairman, Committee on the Judiciary, House of Representatives,
ers were invaluable to all of us. Mr. Badua, by his exemplary personal
Washington, D.C.
behavior and his complete, unwavering loyalty to the principles for
which our country stands, earned the total and undying respect of
DEAR MR. CHAIRMAN I am writing with regard to H.R. 2776, which
every single American prisoner who knew him.
would make possible early citizenship for Candido Badua, a Philip-
During the final stage of our captivity in Hanoi when Mr. Badua
pine employee of the U.S. Information Agency who was held as a
was able to speak openly of his cherished dream to become an Ameri-
prisoner of war with our men in North Vietnam from 1968 to 1973.
can citizen, not only I but all the other prisoners who knew him
The Immigration Subcommittee approved this bill on June 10, and I
endorsed and welcomed his hope.
understand it is to be considered at an early meeting of your full
I believe that our country owes a real debt of gratitude to Mr. Badua
committee. We at the State Department urge your support for this
for his sacrifices in service to the U.S. Government, his totally unselfish
bill and hope that favorable action on it will be taken soon.
aid to U.S. prisoners and his devotion to the best ideals of our country.
Mr. Badua's fellow prisoners in Hanoi have told of his heroism in
I would be proud to welcome him as a fellow American citizen, and I
captivity and his many actions to aid Americans who were captured
wish your bill on his behalf, Godspeed and success.
and held with him, often at great personal risk. Rarely, if ever, has a
Sincerely yours,
man so convincingly demonstrated in advance his loyalty to the U.S.
PHILIP W. MANHARD,
and his readiness to work for and support American ideals.
Ambassador.
tivity, and he is presently serving on temporary duty at a Voice of
It has been well over 2 years since Mr. Badua's release from cap-
America broadcast relay station in California. According to his su-
GREENVILE, N.C., April 25, 1975.
pervisors, he is superbly qualified for that position. Under Public
Hon. JOSHUA EILBERG,
Law 80-402, however, U.S. citizenship is essential for Mr. Badua to
House of Representatives, Washington, D.C.
hold that position on a permanent basis. That is why early approval
DEAR SIR: It is my understanding that a personal bill H.R. 2776
of this bill is a matter of urgent necessity.
will be present regarding American citizenship for Mr. Candido
Mr. Badua's case is clearly different from the recent Indochina
Badua. a Filipino national held with me as a prisoner of war by the
refugees, in that Mr. Badua was a longtime employee of USIA, held
North Vietnamese from 1968 to 1973.
for over 5 years as a prisoner of war in North Vietnam, for whom U.S.
I wish to make a personal appeal for your assistance in this matter.
citizenship is essential for permanent employment in the U.S. with
I feel this would be one way to help repay him for the acts of courage
the USIA.
he performed in my behalf and for other Americans who were fortu-
I enclose copies of letters in support of this bill from some of the
nate enough to be in his company during our capture and incarceration.
American prisoners of war held with Mr. Badua. Their letters speak
Mr. Badua has indicated his strong desire to become an American
eloquently of Mr. Badua's heroism at risk of life in his actions to help
citizen, and in view of the great personal sacrifice made by Mr. Badua
his fellow prisoners.
in our behalf, I believe it to be appropriate to offer him any assistance
Sincerely,
possible to obtain citizenship.
ROBERT J. McCLoskey.
As an example of Mr. Badua's courage, I would like to recite an
Assistant Secretary for Congressional Relations.
incident which occurred 3 days after our capture. Mr. Badua inter-
14
15
vened at the risk of his own life when our captors threatened to shoot
was of great service to myself and other Americans who even, under
me. He stepped between me and the guerrilla guard whose intent was
better circumstances, would have found it difficult to survive and cope
to kill me rather than leave me on the trail as I had fallen from ex-
with the situation. His incarceration was marked by his unselfish-
haustion and was unable to walk further due to my injuries. Mr.
ness and cooperation with American prisoners. In short, he served
Badua managed to pull me to my feet and with my hands on his
America during his captivity a lot better than some Americans, even
shoulders this much smaller man tugged and pulled me for several
military, though himself a Filipino civilian employee.
miles until we both dropped from exhaustion. We were now out of the
Recently I learned that "Pop" has applied for U.S. citizenship and
"hit" zone and were allowed to rest. I credit him with saving my life.
because of a law he is experiencing some difficulty in obtaining it
Another incident I would like to relate concerned the death and
Having been a prisoner myself for 5 years, 2 months, I can personally
burial of Mr. Tom Ragsdale, U.S. agricultural adviser for AID.
attest to the fact that the United States should be proud to count
Mr. Ragsdale was killed during a bombing and strafing incident by
"Pop" among its citizens.
the Americans while we were being marched through the jungle on
I've been told that a special bill has been formulated, H.R. 2776, and
our way to North Vietnam. We buried Tom in a grave in the jungle
that it is now before your subcommittee. The United States of America
which was dug with our rice bowls. After a short funeral service
owes a debt to Candido Badua, and while I personally feel that we can
participated in by each of the prisoners, Mr. Badua asked a guard
never fully repay him, you can in a small way offset this debt by giving
for a bolo knife which he used to cut down a small tree and fashion
your favorable and expeditious attention to this bill, If you fail to do
a cross. On the face he carved "Tom Ragsdale, U.S. Agricultural
so, you will have committed a great injustice to a man who has served
Adviser, March 13, 1968". This act was responsible for the grave
our country honorably at great expense to himself.
being found and Mr. Ragsdale's family subsequently being advised
I respectfully request your prompt consideration in this matter. I
of his death.
would be most willing to appear before your committee to attest to
Mr. Badua's knowledge of edibile plants found on the trial to sup-
Mr. Badua's complete loyalty to the United States of America.
plement the prisoners' diet, and his ability with the Vietnamese lan-
Sincerely yours,
guage was very useful and undoubtedly alleviated much suffering.
DONALD J. RANDER,
Mr. Badua has given outstanding service for over 20 years with the
Warrant Officer, U.S. Army.
Voice of America. He has given high-caliber performance in a com-
plex specialized field and given outstanding service in the American
Similar supporting information has been received by the Senate
cause. It would seem appropriate and just for Mr. Badua to acquire
Committee on the Judiciary. A letter dated February 11, 1976 to the
the American citizenship he SO desires and fully deserves.
Chairman of the Senate Committee on the Judiciary from the Assist-
I can think of no one I would rather call a fellow citizen than my
ant Secretary for Congressional Relations, U.S. Department of State,
friend "Pop" Badua.
reads as follows:
Sincerely,
DEPARTMENT OF STATE,
CHARLES E. WILLIS,
Washington, D.C., February 11, 1976.
Radio Engineer/Voice of America,
Hon. JAMES O. EASTLAND,
Greenville, N.C.
Chairman, Committee on the Judiciary,
U.S. Senate, Washington, D.C.
DEAR MR. CHAIRMAN: I am writing with regard to H.R. 2776,
ROCKVILLE, MD., April 24, 1975.
Hon. JOSHUA EILBERG,
approved by the House of Representatives and referred to your com-
mittee, which would make possible early citizenship for Mr. Candido
Chairman, Subcommittee on Immigration, Citizenship and Interna-
Badua, a Philippine national employee of the U.S. Information
tional Law, House of Representatives, Washington, D.C.
Agency who was held with our men as a prisoner of war for over
DEAR MR. EILBERG: In the recent Vietnam conflict, some men were
5 years in North Vietnam.
called upon to make very heavy sacrifices. As an American soldier,
Mr. Badua's fellow prisoners in Hanoi have told us of his heroism
I was bound by the Code of Conduct to perform in a certain manner
in captivity and his many actions to aid Americans who were cap-
while a prisoner of war. So I seek no accolades though my country
tured and interned with him, often at great personal risk. Rarely,
has welcomed my return as a hero. However, there is one individual
if ever, has a man SO convincingly demonstrated in advance his loy-
who is not American, yet who bound himself to me and other Ameri-
alty to the United States and his readines to work for and support
can POW's, thereby enduring great hardship, and conducted himself
American ideals.
constantly in a manner which can only be expressed as laudatory and
It has been nearly 3 years since Mr. Badua's release from cap-
exemplary.
tivity and he is presently serving on temporary duty at a Voice of
Candido Badua, known effectionately as "Pop" to his fellow pris-
America broadcast relay station in California. According to his su-
oners, was an inspiration and guide to us all. In particular, his knowl-
pervisors, he is superbly qualified for that position. Under Public
edge and willingness to help while on the long, arduous trail to Hanoi
Law 80-402, however, U.S. citizenship is essential for Mr. Badua
16
to hold that position on a permanent basis, which is why early
approval of this bill is a matter of urgent necessity.
Mr. Badua's case is clearly different from the recent Indochina
refugees, in that Mr. Badua was a longtime employee of USIA, held
for over 5 years as a prisoner of war in North Vietnam, for whom
U.S. citizenship is essential for permanent employment in the United
States with the USIA.
We at the State Department urge your support for this bill and
hope that favorable action on it will be taken soon. If I can provide
additional information on it I hope you will let me know.
Sincerely,
ROBERT J. McCLOSKEY,
Assistant Secretary for Congressional Relations.
Senator John Tunney submitted the following statement in support
of the bill:
U.S. SENATE,
COMMITTEE ON THE JUDICIARY,
Washington, D.C., November 25, 1975.
Hon. JAMES O. EASTLAND,
Chairman, Committee on the Judiciary,
U.S. Senate, Washington, D.C.
DEAR MR. CHAIRMAN: I am writing to you in regard to H.R. 2776, a
private immigration bill for the relief of Candido Badua.
Mr. Badua is a Philippine national who, while employed by the
Voice of America in Vietnam, was captured and held as a prisoner
of war from 1968 to 1973. He entered the United States as a permanent
resident alien in 1973 and has lived here for two years. As you know,
there is a 5-year residency requirement for naturalization. H.R. 2776
would waive the remaining portion of that requirement.
Mr. Badua is a remarkable man. His courage and loyalty to the
United States are unquestioned. He received a letter from President
Nixon extolling his bravery while in custody of the Vietcong, at which
time he saved the life of another prisoner of war.
While I feel that we should not frequently waive the residency re-
quirement for naturalization, I believe strongly that Mr. Badua is
eminently worthy of U.S. citizenship. Mr. Badua's time spent as an
"American prisoner of war in Vietnam cannot be ignored. The 5 years
he lost are 5 years that America owes him.
I would be most appreciative if you would favorably recommend
H.R. 2776.
Sincerely,
JOHN V. TUNNEY, U.S. Senator.
The committee, after consideration of all the facts in the case, is of
the opinion that the bill (H.R. 2776) should be enacted.
H. R. 2776
Ainety-fourth Congress of the United States of America
AT THE SECOND SESSION
Begun and held at the City of Washington on Monday, the nineteenth day of January,
one thousand nine hundred and seventy-six
An Act
For the relief of Candido Badua.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, That Candido Badua
shall be held and considered to have satisfied the requirements of
section 316 of the Immigration and Nationality Act relating to
required periods of residence and physical presence within the United
States and, notwithstanding the provisions of section 310(d) of that
Act, he may be naturalized at any time after the date of enactment
of this Act if he is otherwise eligible for naturalization under the
Immigration and Nationality Act.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate.
6
May 12, 1976
Dear Mr. Director:
The following bills were received at the White
House on May 12th:
S. 2619
H.R. 2776
S. 2620
H.R. 4038 -
S. 3031
H.R. 5227
S. 3107
/
H.R. 8863.
Please let the President have reports and
recommendations as to the approval of these
bills as soon as possible.
Sincerely,
Robert D. Linder
Chief Executive Clerk
The Honorable James T. Lynn
Director
Office of Management and Budget
Washington, D.C.