H. R. 371
One Hundred Sixth Congress
of the
United States of America
AT THE SECOND SESSION
Begun and held at the City of Washington on Monday,
the twenty-fourth day of January, two thousand
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 GUER-
RILLA 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 begin-
ning 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 GUER-
RILLA 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 Nation-
ality 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
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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.
(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 organiza-
tions 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 Immigra-
tion 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
H. R. 371—3
2 or special consideration under section 3, or both, may not exceed
45,000.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate.