[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