[Congressional Bills 106th Congress]
[From the U.S. Government Publishing Office]
[H.R. 371 Enrolled Bill (ENR)]
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 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.
(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.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate.