[Congressional Record Volume 143, Number 59 (Thursday, May 8, 1997)]
[Senate]
[Pages S4226-S4227]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mr. WELLSTONE:
  S. 719. A bill to expedite the naturalization of aliens who served 
with special guerrilla units in Laos; to the Committee on the 
Judiciary.


             the hmong veterans' naturalization act of 1997

 Mr. WELLSTONE. Mr. President, today, I have introduced the 
Hmong Veterans' Naturalization Act of 1997.
  The purpose of this bill is to help expedite the naturalization of 
Hmong veterans who served and fought alongside the United States during 
the United States secret war in Laos. This legislation acknowledges 
their service and officially recognizes the service of Hmong and other 
ethnic Lao veterans who sacrificed and loyally fought for America and 
its principles of freedom, human rights, and democracy.
  This legislation continues the tradition of recognizing the service 
of those who came to the aid of the United States in times of war. 
Current law permits aliens or noncitizens who served honorably in the 
U.S. military forces during wartime to be naturalized, regardless of 
age, period of U.S. residence, or physical presence in the United 
States. However, expedited naturalization does not apply to Hmong and 
Lao veterans and their families because of the covert status of their 
work. This bill would help expedite this process by eliminating the 
literacy requirement in the naturalization process.
  Classified studies conducted by the defense policy think tank RAND 
have recently been declassified. They show the unique and important 
role that the Hmong people played during the Vietnam war. The studies 
reveal that this group, the ``Secret Army,'' specially created by the 
United States Government, played a critical role in the clandestine 
military activities in Laos.
  Hmong men, women, and children of all ages fought and died alongside 
U.S. military personnel in units recruited, organized, trained, funded 
and paid by the U.S. Government. It is estimated that during the United 
States involvement in Vietnam, 35,000 to 40,000 Hmong veterans and 
their families' were killed in conflict. 50,000 to 58,000 were wounded 
in conflict and an additional 2,500 to 3,000 were declared missing.
  During the Vietnam conflict, Hmong forces were responsible for 
risking their lives by crossing enemy lines to rescue downed American 
pilots. It is estimated that they saved at least 60 American lives and 
often lost half their troops rescuing one soldier.
  When the United States withdrew from Southeast Asia, thousands of 
Hmong were evacuated by the U.S. Government. However, many were left 
behind and experienced mass genocide at the hands of Communists. Many 
fled to neighboring Thailand. During their journey, many were murdered 
before they reached the Thai border. Even today, despite official 
denial by the Lao Government, the Communist regime of Laos continues to 
persecute and discriminate against the Hmong specifically because of 
their role in the United States secret army.
  Edgar Buell, the senior U.S. CIA official who worked with the Hmong 
secret army, explained their critical role on national television:
  ``Everyone of them (Hmong) that died, that was an American back home 
that didn't die, or one that was injured that wasn't injured. Somebody 
in nearly every Hmong family was either fighting or died from fighting. 
They became refugees because we (the United States) encouraged them to 
fight for us. I promised myself: `` `Have no fear, we will take care of 
you.' ''
  It is now time to live up to earlier promises and take care of this 
group that so valiantly fought alongside American forces. We can only 
make good on our word by passing this legislation.
  Currently, many of the 45,000 former soldiers and their refugee 
family members living in the United States cannot become citizens 
because they lack the sufficient English language skills to pass the 
naturalization test. The intense and protracted war in Laos and the 
subsequent exodus of the Hmong veterans into squalid refugee camps did

[[Page S4227]]

not permit these veterans the opportunity to attend school and learn 
English. Also, many suffer from injuries that occurred during the war 
that make learning difficult and frustrating.
  Because of the welfare and immigration reform bill enacted last 
Congress, aging, elderly, illiterate (in English), semiliterate and 
wounded soldiers--usually with large families--will suffer greatly 
because they are now facing the almost impossible task of immediately 
learning English and finding gainful employment. People like Chanh 
Chantalangsy are faced with an uncertain future:
  Chanh served in the secret army and was seriously wounded in his 
head, arm, and legs. After being in the hospital for 7 months, he 
returned to combat, serving in a CIA sponsored unit. Fleeing Laos, he 
spent 14 years in a refugee camp in Thailand. Realizing that the 
conditions in his country would not improve, Chanh left the refugee 
camp and came to the United States. He studied English for 5 years but 
it became evident that mental and physical injuries prevented him from 
learning English. In 1993, he was classified disabled and now receives 
$561 a month in SSI benefits. As of August, he could lose this small 
benefit.
  Given the unique role that the veterans served on behalf of the U.S. 
national security interests, we should waive the difficult 
naturalization requirements for this group. We have a responsibility to 
these people. This responsibility was supported by former CIA Director 
William Colby when he said to a House subcommittee:
  ``The basic burden (of fighting in Laos) was born by the Hmong. We 
certainly encouraged them to fight. We enabled them to fight in many 
cases, and I think the spirit that they developed was in part a result 
of our offering of support and our provision of it.''
  Mr. President, it is now time to give our support. These people 
fought for our country for 15 years and came to the United States with 
an understanding that they would be cared for. One act of Congress, the 
welfare reform law, wiped out this understanding and threw the Hmong 
into a state of despair. They neither have the capacity to care for 
themselves if benefits are terminated, nor the ability to return to 
their homeland. I implore my colleagues to support one more act of 
Congress that would fulfill our pledge and our obligation.
  Mr. President, I ask unanimous consent that the text of the bill be 
printed in the Record.
  There being no objection, the bill was ordered to be printed in the 
Record, as follows:

                                 S. 719

       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 1997''.

     SEC. 2. WAIVER OF ENGLISH LANGUAGE REQUIREMENT FOR CERTAIN 
                   ALIENS WHO SERVED WITH SPECIAL GUERRILLA UNITS 
                   IN LAOS.

       The requirement of paragraph (1) of section 312(a) of the 
     Immigration and Nationality Act (8 U.S.C. 1423(a)) shall not 
     apply to the naturalization of any person who--
       (1) served with a special guerrilla unit operating from a 
     base in Laos in support of the United States at any time 
     during the period beginning February 28, 1961, and ending 
     September 18, 1978, or
       (2) is the spouse or widow of a person described in 
     paragraph (1).

     SEC. 3. NATURALIZATION THROUGH SERVICE IN A SPECIAL GUERRILLA 
                   UNIT IN LAOS.

       (a) In General.--The first sentence of subsection (a) and 
     subsection (b) (other than paragraph (3)) of section 329 of 
     the Immigration and Nationality Act (8 U.S.C. 1440) shall 
     apply to an alien who served with a special guerrilla unit 
     operating from a base in Laos in support of the United States 
     at any time during the period beginning February 28, 1961, 
     and ending September 18, 1978, in the same manner as they 
     apply to an alien who has served honorably in an active-duty 
     status in the military forces of the United States during the 
     period of the Vietnam hostilities.
       (b) Proof.--The Immigration and Naturalization Service 
     shall verify an alien's service with a guerrilla unit 
     described in subsection (a) through--
       (1) review of refugee processing documentation for the 
     alien,
       (2) the affidavit of the alien's superior officer,
       (3) original documents,
       (4) two affidavits from person who were also serving with 
     such a special guerrilla unit and who personally knew of the 
     alien's service, or
       (5) other appropriate proof.

     The Service shall liberally construe the provisions of this 
     subsection to take into account the difficulties inherent in 
     proving service in such a guerrilla unit.
                                 ______