[Congressional Bills 106th Congress]
[From the U.S. Government Publishing Office]
[H.R. 371 Reported in Senate (RS)]
Calendar No. 562
106th CONGRESS
2d Session
H. R. 371
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
May 3, 2000
Received; read twice and referred to the Committee on the Judiciary
May 18, 2000
Reported by Mr. Hatch, with an amendment
[Omit the part struck through and insert the part printed in italic]
_______________________________________________________________________
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.
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;
<DELETED> (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</DELETED>
<DELETED> (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.</DELETED>
(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.
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.
Calendar No. 562
106th CONGRESS
2d Session
H. R. 371
_______________________________________________________________________
AN ACT
To facilitate the naturalization of aliens who served with special
guerrilla units or irregular forces in Laos.
_______________________________________________________________________
May 18, 2000
Reported with an amendment