114 STAT. 316 PUBLIC LAW 106–207—MAY 26, 2000

Public Law 106–207

106th Congress

An Act

To facilitate the naturalization of aliens who served with special guerrilla units

or irregular forces in Laos.

Be it enacted by the Senate and House of Representatives of

the United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

This Act may be cited as the ‘‘Hmong Veterans’ Naturalization

Act of 2000’’.

SEC. 2. EXEMPTION FROM ENGLISH LANGUAGE REQUIREMENT FOR

CERTAIN ALIENS WHO SERVED WITH SPECIAL GUERRILLA UNITS OR IRREGULAR FORCES IN LAOS.

The requirement of paragraph (1) of section 312(a) of the

Immigration and Nationality Act (8 U.S.C. 1423(a)(1)) shall not

apply to the naturalization of any person—

(1) who—

(A) was admitted into the United States as a refugee

from Laos pursuant to section 207 of the Immigration

and Nationality Act (8 U.S.C. 1157); and

(B) served with a special guerrilla unit, or irregular

forces, operating from a base in Laos in support of the

United States military at any time during the period beginning February 28, 1961, and ending September 18, 1978;

or

(2) who—

(A) satisfies the requirement of paragraph (1)(A); and

(B) was the spouse of a person described in paragraph

(1) on the day on which such described person applied

for admission into the United States as a refugee.

SEC. 3. SPECIAL CONSIDERATION CONCERNING CIVICS REQUIREMENT

FOR CERTAIN ALIENS WHO SERVED WITH SPECIAL GUERRILLA UNITS OR IRREGULAR FORCES IN LAOS.

The Attorney General shall provide for special consideration,

as determined by the Attorney General, concerning the requirement

of paragraph (2) of section 312(a) of the Immigration and Nationality Act (8 U.S.C. 1423(a)(2)) with respect to the naturalization

of any person described in paragraph (1) or (2) of section 2 of

this Act.

SEC. 4. DOCUMENTATION OF QUALIFYING SERVICE.

A person seeking an exemption under section 2 or special

consideration under section 3 shall submit to the Attorney General

documentation of their, or their spouse’s, service with a special

guerrilla unit, or irregular forces, described in section 2(1)(B), in

the form of—

(1) original documents;

(2) an affidavit of the serving person’s superior officer;

(3) two affidavits from other individuals who also were

serving with such a special guerrilla unit, or irregular forces,

and who personally knew of the person’s service; or

(4) other appropriate proof.

8 USC 1423 note.

8 USC 1423 note.

8 USC 1423 note.

Hmong Veterans’

Naturalization

Act of 2000.

8 USC 1423 note.

May 26, 2000

[H.R. 371]

PUBLIC LAW 106–207—MAY 26, 2000 114 STAT. 317

LEGISLATIVE HISTORY—H.R. 371:

HOUSE REPORTS: No. 106–563 (Comm. on the Judiciary).

CONGRESSIONAL RECORD, Vol. 146 (2000):

May 2, considered and passed House.

May 18, considered and passed Senate, amended.

May 23, House concurred in Senate amendments.

WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 36 (2000):

May 26, Presidential statement.

Æ

SEC. 5. DETERMINATION OF ELIGIBILITY FOR EXEMPTION AND

SPECIAL CONSIDERATION.

(a) In determining a person’s eligibility for an exemption under

section 2 or special consideration under section 3, the Attorney

General—

(1) shall review the refugee processing documentation for

the person, or, in an appropriate case, for the person and

the person’s spouse, to verify that the requirements of section

2 relating to refugee applications and admissions have been

satisfied;

(2) shall consider the documentation submitted by the

person under section 4;

(3) may request an advisory opinion from the Secretary

of Defense regarding the person’s, or their spouse’s, service

in a special guerrilla unit, or irregular forces, described in

section 2(1)(B); and

(4) may consider any documentation provided by organizations maintaining records with respect to Hmong veterans or

their families.

(b) The Secretary of Defense shall provide any opinion requested

under paragraph (3) to the extent practicable, and the Attorney

General shall take into account any opinion that the Secretary

of Defense is able to provide.

SEC. 6. DEADLINE FOR APPLICATION AND PAYMENT OF FEES.

This Act shall apply to a person only if the person’s application

for naturalization is filed, as provided in section 334 of the Immigration and Nationality Act (8 U.S.C. 1445), with appropriate fees

not later than 18 months after the date of the enactment of this

Act.

SEC. 7. LIMITATION ON NUMBER OF BENEFICIARIES.

Notwithstanding any other provision of this Act, the total

number of aliens who may be granted an exemption under section

2 or special consideration under section 3, or both, may not exceed

45,000.

Approved May 26, 2000.

8 USC 1423 note.

8 USC 1423 note.