Hmong Veterans' Naturalization Act of 2000

Hmong Veterans' Naturalization Act of 2000 - Waives the English language requirement and provides special consideration for the civics requirement with respect to the naturalization of an alien who: (1) was admitted into the United States as a refugee from Laos, and who served with a Laotian-based special guerilla or irregular unit in support of U.S. forces at any time from February 28, 1961, through September 18, 1978; or (2) was similarly admitted as a refugee and was the spouse of such an alien at the time of (such alien's) application for refugee admission.

(Sec. 4) Requires documentation of qualifying service in the form of: (1) original documents; (2) an affidavit by the person's superior officer; (3) two affidavits by individuals who served with such units and personally knew of the person's service; or (4) other appropriate proof.

(Sec. 5) States that the Attorney General, in determining eligibility for exemption or special consideration: (1) shall review documentation, and may request a military service advisory opinion from the Secretary of Defense; and (2) may consider documentation prepared by organizations maintaining records of Hmong veterans or their families.

(Sec. 6) Requires applications for naturalization benefits under this Act to be filed with appropriate fees no later than 18 months after enactment of such Act.

(Sec. 7) Limits to 45,000 the total number of aliens who may be granted such naturalization benefits.

[106th Congress Public Law 207]
[From the U.S. Government Publishing Office]


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[DOCID: f:publ207.106]


[[Page 114 STAT. 316]]

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. <<NOTE: May 26, 
                          2000 -  [H.R. 371]>> 

    Be it enacted by the Senate and House of Representatives of the 
United States of America in <<NOTE: Hmong Veterans' Naturalization Act 
of 2000. 8 USC 1423 note.>> Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Hmong Veterans' Naturalization Act of 
2000''.

SEC. 2. <<NOTE: 8 USC 1423 note.>> 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. <<NOTE: 8 USC 1423 note.>> 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. <<NOTE: 8 USC 1423 note.>> 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.

[[Page 114 STAT. 317]]

SEC. 5. <<NOTE: 8 USC 1423 note.>> 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. <<NOTE: 8 USC 1423 note.>> 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 <<NOTE: 8 USC 1423 
            note.>> .

    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.

LEGISLATIVE HISTORY--H.R. 371:
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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.

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