79–006

106TH CONGRESS REPORT " ! HOUSE OF REPRESENTATIVES 2d Session 106–563

HMONG VETERANS’ NATURALIZATION ACT OF 2000

APRIL 6, 2000.—Committed to the Committee of the Whole House on the State of

the Union and ordered to be printed

Mr. HYDE, from the Committee on the Judiciary,

submitted the following

R E P O R T

[To accompany H.R. 371]

[Including cost estimate of the Congressional Budget Office]

The Committee on the Judiciary, to whom was referred the bill

(H.R. 371) to expedite the naturalization of aliens who served with

special guerrilla units in Laos, having considered the same, reports

favorably thereon with amendments and recommends that the bill

as amended do pass.

TABLE OF CONTENTS

Page

The Amendment ......................................................................................... 2

Purpose and Summary .............................................................................. 3

Background and Need for the Legislation ................................................ 3

Hearings ...................................................................................................... 6

Committee Consideration .......................................................................... 6

Vote of the Committee ............................................................................... 6

Committee Oversight Findings ................................................................. 6

Committee on Government Reform Findings .......................................... 6

New Budget Authority and Tax Expenditures ........................................ 6

Congressional Budget Office Cost Estimate ............................................ 7

Constitutional Authority Statement ......................................................... 8

Section-by-Section Analysis and Discussion ............................................ 8

Agency Views .............................................................................................. 9
2

The amendments are as follows:

Strike out all after the enacting clause and insert in lieu thereof the following:

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.

SEC. 5. DETERMINATION OF ELIGIBILITY FOR EXEMPTION AND SPECIAL CONSIDERATION.

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) shall 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 shall take into account that opinion; and

(4) may consider any certification prepared by the organization known as

‘‘Lao Veterans of America, Inc.’’, or any similar organization maintaining

records with respect to Hmong veterans or their families.

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.
3

1World Book Encylcopedia ‘‘H’’ 270 (1995).

2 Hmong Veterans’ Naturalization Act of 1997; and Canadian Border Boat Landing Permit Requirements: Hearing before the Subcomm. on Immigration and Claims of the House Judiciary

Comm., 105th Cong., 1st Sess. at 19–20 (1997)(statement of Theodore Shackley)(hereinafter

cited as ‘‘Hearing’’). 3 Immigration and Nationality Act sec. 312(a)(1).

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.

Amend the title so as to read:

A bill to facilitate the naturalization of aliens who served with special guerrilla

units or irregular forces in Laos.

PURPOSE AND SUMMARY

The purpose of this bill is to expedite the naturalization of aliens

who served with special guerrilla units in Laos during the Vietnam

War.

BACKGROUND AND NEED FOR THE LEGISLATION

I. BACKGROUND

The Hmong ‘‘are a mountain people from southern China and

northern areas of Burma, Laos, Thailand, and Vietnam. . . . Beginning in the 1950’s, Hmong soldiers fought the Communist

Pathet Lao movement in Laos, and some Hmong later assisted U.S.

forces during the Vietnam War. After the war ended in 1975, the

Pathet Lao gained control of Laos and persecuted and imprisoned

many of the Hmong allies of the United States.’’ 1 Between 130,000

and 150,000 Laotian Hmong have entered the U.S. as refugees

since 1975.

At great personal peril and loss of life, the Hmong fought with

American forces and performed critical roles in dangerous missions.

A former CIA officer stated to the Subcommittee on Immigration

and Claims that, ‘‘[t]hroughout the war, CIA’s paramilitary forces

collected intelligence, used it in combat operations to tie down some

50,000 North Vietnamese forces in Laos, rescued downed American

pilots and protected sensitive American installations at remote

mountain tops. . . .’’ 2 The Hmong guarded LIMA Site 85, one of

America’s most important intelligence gathering sites during the

Vietnam War. Close to the border of North Vietnam, this site allowed the United States to ‘‘look-down’’ electronically, on targets in

Hanoi, the Red River Valley, and the Ho Chi Minh trail.

Many Hmong refugees have found it difficult to naturalize because of a difficulty in learning English. This is due to the facts

that they came from a tribal society without a written language

until recent decades and that many Hmong were recruited to be

guerrillas at the ages of 12–14 and hence did not attend school. In

order to naturalize, permanent residents must demonstrate an understanding of the English language, including an ability to read,

write, and speak words in ordinary usage in the English language.3
4

4 Hearing at 23–24. 5 Id. at 23.

II. CONCERNS ABOUT FRAUD AND THE ADMINISTRATION’S POSITION IN

THE 105TH CONGRESS

H.R. 371 is designed to ease the path to naturalization in various

ways for Hmong individuals who had fought in the CIA-organized

guerrilla units in Laos. In the 105th Congress, there were expressions of concern about potential fraud because of the possibility

that Hmong refugees who did not actually serve in guerrilla units

could claim to have done so. These concerns were related to difficulties in identifying which Hmong refugees actually fought on

behalf of the United States as few records were kept of these covert

operations.

According to data from the Departments of State and Justice,

about 2,600 families (about 12,000 people) entered under a category

reserved for those who claimed to have fought alongside U.S.

forces. However, these figures were suspect because (1) they were

self-reported claims and (2) there were no compelling reasons for

guerrillas to claim this status.

On June 26, 1997, the Subcommittee on Immigration and Claims

held a hearing on a 105th Congress bill providing naturalization

relief to Hmong guerrillas (also numbered H.R. 371). Louis Crocetti

(Associate Commissioner for Examinations, Immigration and Naturalization Service) testified that:

H.R. 371 would . . . be problematic to implement....

....

In essence, a naturalization applicant under [H.R. 371]

would simply have to present documents claiming to have

served in a special guerrilla unit. . . . It is the experience

of the Service in implementing programs which rely on affidavits (such as the Immigration Reform and Control Act

of 1986) that fraud may be prevalent.4

Mr. Crocetti further testified that the INS ‘‘takes no position as

to whether Congress should amend the INA to provide exceptions

to the Hmong.’’ 5

On May 21, 1998, Ann Harkins, Acting Assistant Attorney General, Office of Legislative Affairs, Department of Justice, sent a letter to Lamar Smith, Chairman of the Subcommittee on Immigration and Claims, stating that:

As introduced . . . H.R. 371 provided potential opportunities for fraud, particularly because of lax documentation

requirements for proof of service with special guerrilla

units or irregular forces.

Since the hearing concerning H.R. 371 in June 1997, the

Immigration and Naturalization Service (INS) has provided technical assistance in redrafting the bill to: (1)

tighten the documentation requirements; (2) require the

Department of Defense to review the documentation; and

(3) require the Department of Defense to advise the INS

with respect to the credibility of claims of service with special guerrilla units or irregular forces. As a consequence,

the Department does not object to this bill which, as re-
5

6Memorandum from Louis D. Crocetti, Jr., to all INS field offices (Dec. 22, 1995), reproduced

in 73 Interpreter Releases 86 (Jan. 16, 1996).

vised, would minimize the risk of fraud while maximizing

the intended benefit [to] certain Hmong individuals and

their spouses.

III. THE BILL

H.R. 371 in the current Congress is generally based on the Department of Justice proposal from 1998 and incorporates changes

adopted by the committee last Congress to address fraud-related

concerns. The bill would exempt naturalization applicants from the

English language requirement if they were admitted into the

United States as refugees from Laos and served with special guerrilla units or irregular forces operating from bases in Laos in support of the United States at any time during the period beginning

February 28, 1961, and ending September 18, 1978, or who were

spouses of such persons on the day on which such persons applied

for admission as refugees.

The bill would also provide the aliens described above with special consideration as to the civics requirement for naturalization.

Section 312(a)(2) of the INA provides that a naturalization applicant must demonstrate a knowledge and understanding of the fundamentals of the history, and of the principles and form of Government, of the United States. Section 312(b)(3) of the INA already

provides special consideration for aliens over 65 years of age who

have been living in the United States for periods totaling at least

20 years subsequent to lawful admission for permanent residence.

Under this standard, applicants are tested at a less difficult level.6

Applicants are asked 10 questions from a special list of 25 U.S. history and Government questions. Six must be answered correctly.

The bill requires aliens to submit documentation of their, or their

spouse’s, service with a special guerrilla unit, or irregular forces.

The bill provides that in determining an alien’s eligibility for benefits under this bill, the Attorney General (1) shall review refugee

processing documents to verify that an alien was admitted to the

United States as a refugee from Laos, (2) shall consider the documentation submitted by the alien, (3) shall request an advisory

opinion from the Secretary of Defense, and (4) may consider any

certification prepared by the Lao Veterans of America, Inc. or similar organizations.

The Lao Veterans of America includes tens of thousands of

Hmong and Lao veterans and their families who played roles in the

U.S. covert war in Laos and Vietnam. It has stringent requirements for membership:

The criteria for joining our organization is first, filling

out an application and submitting to an initial interview,

secondly determining that the prospective member served

a minimum of 1 year as a veteran and thirdly, be certified

by a former commander or his representative, or the leader

of the U.S. Secret Army in Laos, Major General Vang Pao.

Finally, the applicant must be verified by a three member
6

7Letter from Wangyee Vang, National President, Lao Veterans of America, Inc., to Lamar

Smith, Chairman, Subcommittee on Immigration and Claims (March 25, 1998).

military review board appointed by the Lao Veterans of

America’s Board of Directors and Advisory Board.7

To further reduce the potential for fraudulent claims, the bill

provides that a maximum of 45,000 permanent residents may take

advantage of the benefits provided by the bill. The 45,000 figure

was chosen because according to information provided by the Lao

Veterans of America, this is the outside range of the number of

Hmong who actually should qualify for benefits under the bill.

This legislation is supported by the American Legion and the

Special Forces Association.

HEARINGS

No hearings were held on H.R. 371 in the 106th Congress. However, the committee’s Subcommittee on Immigration and Claims

held 1 day of hearings on the predecessor bill in the 105th Congress, also H.R. 371, on June 26, 1997. Testimony was received

from Congressman Bruce Vento; Louis D. Crocetti, Jr., Associate

Commissioner for Examinations, Immigration and Naturalization

Service; Susan Haigh, Ramsey County Commissioner, St. Paul,

Minnesota; Mark Pratt; and Mark Krikorian, Executive Director,

Center for Immigration Studies.

COMMITTEE CONSIDERATION

On March 28, 2000, the committee met in open session and ordered favorably reported the bill H.R. 371 without amendment by

a voice vote, a quorum being present.

VOTE OF THE COMMITTEE

H.R. 371 was approved by a voice vote.

COMMITTEE OVERSIGHT FINDINGS

In compliance with clause 3(c)(1) of rule XIII of the Rules of the

House of Representatives, the committee reports that the findings

and recommendations of the committee, based on oversight activities under clause 2(b)(1) of rule X of the Rules of the House of Representatives, are incorporated in the descriptive portions of this report.

COMMITTEE ON GOVERNMENT REFORM FINDINGS

No findings or recommendations of the Committee on Government Reform were received as referred to in clause 3(c)(4) of rule

XIII of the Rules of the House of Representatives.

NEW BUDGET AUTHORITY AND TAX EXPENDITURES

Clause 3(c)(2) of House Rule XIII is inapplicable because this legislation does not provide new budgetary authority or increased tax

expenditures.
7

CONGRESSIONAL BUDGET OFFICE COST ESTIMATE

In compliance with clause 3(c)(3) of rule XIII of the Rules of the

House of Representatives, the committee sets forth, with respect to

the bill, H.R. 371, the following estimate and comparison prepared

by the Director of the Congressional Budget Office under section

402 of the Congressional Budget Act of 1974:

U.S. CONGRESS,

CONGRESSIONAL BUDGET OFFICE,

Washington, DC, April 4, 2000.

Hon. HENRY J. HYDE, Chairman,

Committee on the Judiciary,

House of Representatives, Washington, DC.

DEAR MR. CHAIRMAN: The Congressional Budget Office has prepared the enclosed cost estimate for H.R. 371, the Hmong Veterans’

Naturalization Act of 1999.

If you wish further details on this estimate, we will be pleased

to provide them. The CBO staff contact for this estimate is Mark

Grabowicz, who can be reached at 226–2860.

Sincerely,

DAN L. CRIPPEN, Director.

Enclosure

cc: Honorable John Conyers Jr.

Ranking Democratic Member

H.R. 371—Hmong Veterans’ Naturalization Act of 1999.

CBO estimates that implementing this legislation would cost less

than $500,000 annually in appropriated funds over the next two

years. The bill also would affect direct spending, so pay-as-you-go

procedures would apply, but we estimate that the net effects would

be less than $500,000 annually. H.R. 371 contains no intergovernmental or private-sector mandates as defined in the Unfunded

Mandates Reform Act and would not have a significant effect on

state budgets. The bill would have no impact on local or tribal governments.

H.R. 371 would relax the naturalization requirements relating to

English language proficiency and knowledge of civics for certain

Laotians and their spouses. The bill would limit those eligible to

apply under these relaxed standards to no more than 45,000 people

who would have to apply for citizenship within 18 months of the

bill’s enactment. The naturalization fee is $225, so enacting H.R.

371 could increase fees collected by the Immigration and Naturalization Service (INS) by up to $10 million, mostly in fiscal year

2001. We expect that the INS would spend the fees (without further appropriation), mostly in the year in which they are collected,

so enacting H.R. 371 would result in a net budgetary impact of less

than $500,000 in any year.

This legislation would require the INS to consult with the Department of Defense (DoD) regarding the military service of each

applicant for naturalization under the bill’s provisions. We expect

that DoD would spend less than $500,000 annually on consultation.
8

The CBO staff contact for this estimate is Mark Grabowicz, who

can be reached at 226–2860. This estimate was approved by Peter

H. Fontaine, Deputy Assistant Director for Budget Analysis.

CONSTITUTIONAL AUTHORITY STATEMENT

Pursuant to clause 3(d)(1) of rule XIII of the Rules of the House

of Representatives, the committee finds the authority for this legislation in Article 1, section 8, clause 4 of the Constitution.

SECTION-BY-SECTION ANALYSIS AND DISCUSSION

Section 1. Short Title

Section 2. Exemption from English Language Requirement for Certain Aliens Who Served with Special Guerrilla Units or Irregular Forces in Laos

Section 312(a)(1) of the Immigration and Nationality Act requires

that, to be naturalized, a person must demonstrate an understanding of the English language, including an ability to read,

write, and speak words in ordinary usuage in the English language, provided that the requirements relating to ability to read

and write shall be met if the applicant can read or write simple

words and phrases to the end that a reasonable test of his literacy

shall be made and that no extraordinary or unreasonable conditions shall be imposed upon the applicant.

The bill provides that the above requirement does not apply to

the naturalization of any person who 1) was admitted into the

United States as a refugee from Laos pursuant to section 207 of

the INA and 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) was admitted into

the United States as a refugee from Laos pursuant to section 207

of the INA and was the spouse of a person described in point 1 on

the day on which such person applied for admission into the United

States as a refugee.

Section 3. Special Consideration Concerning Civics Requirement for

Certain Aliens Who Served with Special Guerrilla Units or Irregular Forces in Laos

Section 312(a)(2) of the Immigration and Nationality Act requires

that, to be naturalized, a person must demonstrate a knowledge

and understanding of fundamentals of the history, and of the principles and form of Government, of the United States.

The bill specifies that the Attorney General shall provide for special consideration concerning this requirement for aliens described

in section 2 of the bill.

Section 4. Documentation of Qualifying Service

A person seeking benefits under section 2 or 3 of the bill 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, in the form of 1) original documents, 2) an

affidavit of the serving person’s superior officer, 3) two affidavits
9

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.

Section 5. Determination of Eligibility for Exemption and Special

Consideration

In determining a person’s eligibility for benefits under section 2

or 3 of the bill, 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) shall 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 and

shall take into account that opinion, and 4) may consider any certification prepared by the Lao Veterans of America, Inc., or any

similar organization maintaining records with respect to Hmong

veterans or their families.

Section 6. Deadline for Application and Payment of Fees

Applications for benefits under the bill must be filed, with appropriate fees, not later than 18 months after the date of enactment

of the bill.

Section 7. Limitation on Number of Beneficiaries

The total number of aliens who may be granted benefits under

sections 2 or 3 may not exceed 45,000.

AGENCY VIEWS

U.S. DEPARTMENT OF JUSTICE,

OFFICE OF LEGISLATIVE AFFAIRS,

Washington, DC, March 29, 2000.

Hon. HENRY J. HYDE, Chairman,

Committee on the Judiciary,

House of Representatives, Washington, DC.

DEAR MR. CHAIRMAN: This letter presents the views of the Department of Justice on H.R. 371, the ‘‘Hmong Veterans Naturalization Act of 1999.’’ The Department appreciates the courage of the

Hmong veterans who would benefit from enactment of this legislation, as well as the particular challenge that the English and civics

requirements for naturalization present to many such veterans and

their spouses. We support this bill but would like to share with you

several technical comments about H.R. 371 as introduced.

Section 5(3) states that in determining eligibility for exemption

and special consideration, the Attorney General shall request an

advisory opinion from the Secretary of Defense. However, the bill

does not require the Department of Defense to provide the advisory

opinion. Furthermore, no provision is made regarding how the Attorney General shall proceed if the Department of Defense is unable to provide an advisory opinion. It is not necessarily the case

that in every situation a Department of Defense opinion would be

needed to determine eligibility. In the interest of flexibility, we rec-
10

ommend amending this clause to provide that the Attorney General

may request an advisory opinion; that upon request, the Secretary

of Defense shall provide the requested opinion to the extent possible; and that the Attorney General shall take into account any

opinion that the Secretary of Defense is able to provide.

Section 7 provides that 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. If deserving

Hmong veterans or their spouses otherwise qualify for the benefits

provided by this legislation, we question why it would be appropriate or necessary to deny them because of this cap. We also note

that this provision is likely to cause uncertainty among the beneficiaries of this legislation.

Thank you for the opportunity to provide our views. Please do

not hesitate to call upon us if we may be of further assistance. The

Office of Management and Budget has advised us that, from the

standpoint of the Administration’s program, there is no objection to

the submission of this letter.

Sincerely,

ROBERT RABEN, Assistant Attorney General.

Identical letter sent to the Honorable John Conyers, Jr.

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