[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.