[Congressional Record Volume 146, Number 62 (Thursday, May 18, 2000)]
[Senate]
[Pages S4211-S4213]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
HMONG VETERANS' NATURALIZATION ACT OF 2000
Mr. BROWNBACK. Mr. President, I ask unanimous consent that the Senate
proceed to the immediate consideration of Calendar No. 562, H.R. 371.
The PRESIDING OFFICER. The clerk will report the bill by title.
The legislative clerk read as follows:
A bill (H.R. 371) to facilitate the naturalization of
aliens who served with special guerrilla units or irregular
forces in Laos.
There being no objection, the Senate proceeded to consider the bill,
which had been reported from the Committee on the Judiciary, with
amendments, as follows:
(The parts of the bill intended to be stricken are shown in boldface
brackets and the parts of the bill intended to be inserted are shown in
italic.)
H.R. 371
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;
[(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
[(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.]
(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.
Mr. HATCH. Mr. President, I thank my distinguished colleague from
Wisconsin, Senator Feingold, as well as my distinguished colleagues
Senators Wellstone, Grams, Kohl and Grassley, for their leadership and
effort on behalf of the Hmong veterans and in support of this
legislation. Also, I
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would like to make special mention of Senator Kohl's critical role in
bringing all parties together and in negotiating this compromise.
Senator Kohl's role truly was pivotal.
With respect to Senator Grams, I would like to point out my
appreciation for all that he has done to assist the Hmong veterans and
their families in Minnesota.
I also appreciate very much the efforts of the Lao Veterans of
America with their national recognition ceremonies for the Hmong and
Lao veterans of the U.S. Secret Army and the monument that they
dedicated at Arlington National Cemetery.
Mr. President, it is important to state that a negative inference
should not be drawn from the fact that in moving this legislation
through the Senate today, the Senate has amended the bill to eliminate
specific mention of any one organization. In fact, the distinguished
organization mentioned in the original House legislation was cited
because of its role in developing, organizing and keeping records
regarding the service of Hmong and Lao veterans who served with U.S.
military and covert forces in Laos during the Vietnam War. It, along
with other such organizations, may be helpful in providing input for
the naturalization of the Hmong veterans and their families.
Mr. FEINGOLD. Mr. President, I thank the distinguished chairman of
the Judiciary Committee, Senator Hatch, for his assistance in getting
this legislation to the floor. I concur with Senator Hatch that a
negative inference should not be drawn from the fact that the bill was
amended to remove reference to a specific organization. Given that
there is reason to believe that the federal government has little, if
any, remaining records of which Lao and Hmong participated in the U.S.
Secret Army, I think it is entirely reasonable for the Attorney General
to consider documentation provided by the Lao Veterans of America or
other Lao or Hmong veterans' organizations. In fact, I understand that
the Lao Veterans of America was named in the House legislation because
it has maintained extensive records of the Hmong and Lao veterans of
the U.S. Secret Army.
Mr. WELLSTONE. Mr. President, I thank Chairman Hatch, Senator
Feingold and Senator Kohl for their work in passing the Hmong Veterans
Naturalization Act through the Judiciary Committee today. I am proud to
be its sponsor in the Senate. In particular, I would like to commend
Rep. Bruce Vento for his efforts on this legislation and his
extraordinary courage and selfless devotion to the important cause of
the Hmong veterans.
I would like to affirm my colleagues' remarks and thank the Lao
Veterans of America, the nation's largest Hmong veterans organization,
for its leadership in helping to bring long-overdue national
recognition to the Hmong and Lao veterans of the U.S. Secret Army, as
well as pushing for the passage of this legislation in the House and
Senate. Lao Veterans of America is the nation's first non-profit
veterans organization representing Hmong and Lao veterans of the U.S.
Secret Army. These veterans and their families served with U.S.
military and clandestine forces in Laos during the Vietnam War.
Starting in 1990, the group established and began maintaining the
nation's largest repository of records relating to the Hmong and Lao
veterans who served with U.S. clandestine and military forces.
Mr. President, the Lao Veterans of America's second largest chapter
is headquartered in Minnesota. I have heard from hundreds of Hmong
Americans in support of this bill over the years. I want to thank them,
as well as all the Hmong people from Minnesota and around the country
who made the passage of this bill possible.
Mr. KOHL. Mr. President, I would also like to add my comments. Thank
you Chairman Hatch for your kind words and all your help and the help
of your staff in moving this important legislation forward. Thank you
as well to my fellow Senator from Wisconsin and Senators Wellstone and
Grams from Minnesota. I am pleased that we were able to work together
to reach a compromise and help give the Hmong veterans and their
families the chance to become citizens. The Hmong community,
particularly the Lao Veterans of America, have worked tirelessly to
bring us to this point. As my colleagues have mentioned, no negative
inference should be drawn from the compromise language. Last week, I
was proud to participate in the Lao Veterans of America National
Recognition Ceremonies with so many Hmong veterans from Wisconsin. With
this bill, we are attempting to repay them for their tremendous
sacrifices and courage. I hope that we can achieve the final steps and
send this bill to the President's desk for signature as soon as
possible.
Mr. LEAHY. I rise today in support of the Hmong Veterans'
Naturalization Act of 2000, which has passed the House and deserves our
support as well. The beneficiaries of this bill are guerrilla
soldiers--and their spouses and widows--who were our allies in Laos
during the Vietnam War. Many of these soldiers came to the United
States with their families after the war and have contributed to the
American economy through their labor and by paying taxes. Now many of
them seek to become citizens of this country, but find it difficult to
meet the prerequisites for naturalization due to the unique
characteristics of their native culture.
Until quite recently, the Hmong people had no written language. This
lack of experience with written language has made it more difficult for
Hmong people who have moved to the United States to learn English,
which in turn makes it more difficult for them to obtain citizenship.
This bill would waive the English language requirement and provide
special consideration for the civics requirement for Hmong veterans and
their spouses and widows. It is a small concession to make in return
for the great sacrifices that these men made in fighting for the
American cause in Southeast Asia.
I would like to commend Senators Wellstone and Feingold for the
efforts they have made to draw attention to this issue and this bill,
and to thank Representative Vento whose persistence has made this bill
possible. I would also note that this is a bipartisan bill that
Senators Hagel and McCain have cosponsored. My only disappointment is
that the majority made it impossible to report this bill from the
Judiciary Committee last week, when we were joined at the hearing by
many of the brave soldiers whom this bill would benefit. Instead of
working out its concerns with the bill's sponsors in advance, the
majority insisted upon an 11th-hour amendment, an amendment that--in
violation of normal practice--was not distributed to members of this
Committee. This conduct came only a week after the majority objected to
an attempt to pass the House bill on the floor--an attempt that was
cleared by every Senator on my side of the aisle.
But it is better to pass this bill after a delay than not at all. I
am grateful for the opportunity to have helped bring this bill to the
floor today, and I look forward to the day when these brave veterans
become American citizens. It is a privilege that they have more than
earned.
Mr. WELLSTONE. Mr. President, I will take a moment to thank my
colleagues for passing S. 890, the Hmong Veterans Naturalization Act.
Frankly, this bill is long overdue.
As the Senator from Minnesota, I am proud to represent the largest
Hmong population in America. There are nearly 70,000 Hmong people
living in the twin cities. My experience as a Senator has become so
much greater as a result of coming to know the nobel history and rich
culture of the Hmong people in Minnesota. I am in awe of their
sacrifice for the American people.
Hmong soldiers died at ten times the rate of American soldiers in the
Vietnam War. As many as 20,000 Hmong fell on the mountains in Laos.
Hmong soldiers were paid $3 a month and often lived off of rice alone.
Where American pilots were sent home after a year or after their one
hundredth mission, Hmong soldiers never stopped fighting. ``Fly till
you die'' was what the Hmong soldiers said. And, as adults died,
children as young as twelve were called up to take their place. In
exchange for their service, the Hmong were given a promise of
protection by the United States Government.
Yet the promise made on the battlefield was abandoned. When the
United States military fled South East Asia, the Hmong Geurillas were
left to fight
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alone. A trail of 100,000 refugees were left to fend for themselves.
Many were slaughtered as they waited for evacuation planes that never
came.
Because America's war effort in Laos was covert, perhaps the largest
covert action in our history, the sacrifices and service of the Hmong
and Lao veterans is still largely untold. As a result, many of these
brave people are still suffering from poverty, discrimination, and
persecution.
The legislation we passed today is a tribute to this sacrifice. It is
a small but meaningful step in honoring and fulfilling our promise to
the Hmong people. This legislation will simply waive the literacy
requirement to all Hmong Veterans and their spouses to become citizens
of the United States--a nation for which so many of them spilled their
blood and a nation that has long ignored their unique struggle.
The need for this legislation is acute because the Hmong had no
written language until recently, and because so many Hmong children
were fighting for America when they should have been in school.
I want to thank my colleagues for their support. In particular, I
also want to take a moment to thank and honor Congressman Bruce Vento.
He, more than anyone in the Congress, has dedicated himself to ensure
that Hmong and Lao veterans receive the honor and respect that has been
so long deserved and too long delayed. I also want to thank Chairman
Hatch, for guiding this bill through the Judiciary Committee and
Senator Russ Feingold who, with Senator Herb Kohl, has worked so hard
to see that this bill is passed. Mostly, I thank the Hmong people. You
gave us your lives and your families. You are American heroes.
Mr. FEINGOLD. Mr. President, I am very pleased that the Senate today
will pass H.R. 371, the Hmong Veterans' Naturalization Act. I was proud
to join my colleague from Minnesota, Senator Wellstone, as an original
co-sponsor of S. 890, which was companion legislation to H.R. 371. I
commend Senator Wellstone for his leadership on this issue and for his
persistence in pressing for the Judiciary Committee and the full Senate
to consider the bill.
By passing this legislation today, the Senate recognizes the
contribution of Hmong and Lao immigrants who risked their lives to
support U.S. interests in Southeast Asia. The Senate not only
recognizes the valor of Hmong and Lao veterans, but also helps them
achieve their goal of citizenship.
Mr. President, Wisconsin is home to the third largest Hmong community
in the United States. We are proud of the Hmong veterans and their
families who sacrificed so much for U.S. national security during the
Vietnam War and have done so much to enrich Wisconsin and the United
States. I have had the opportunity to meet many Lao and Hmong veterans
and their families as I travel throughout Wisconsin. I am struck by the
profound importance they place on becoming citizens of the United
States. The most important thing to many of these individuals is to
become legal citizens of the country they risked their lives to help
and that they now call home. This bill is the least we can do to help
repay the huge debt we owe these brave individuals
This legislation is truly long overdue. The Hmong and Lao veterans of
the U.S. Secret Army should not have had to suffer for so long in
obscurity after the end of the Vietnam War. It should not have taken so
long for the United States to finally dedicate a monument in Arlington
National Cemetery to the Hmong and Lao veterans of the U.S. Secret
Army, when it did so in May 1997.
Mr. President, the monument at Arlington National Cemetery to the
Hmong veterans contains important language for us to remember as we
pass this legislation today in the Senate. The monument in Arlington
Cemetery, dedicated by many of the Hmong veterans and their families
from Wisconsin and across the United States, reads as follows:
Dedicated to the U.S. Secret Army in Laos 1961-1973
In memory of the Hmong and Lao combat veterans and their
American Advisors who served freedom's cause in Southeast
Asia. Their patriotic valor and loyalty in the defense of
liberty and democracy will never be forgotten ``You will
never be forgotten. (in Laotian and Hmong)--Lao Veterans of
America, May 15, 1997.''
Mr. President, I am particularly proud of the Lao Veterans of America
chapters throughout the state of Wisconsin--in Milwaukee, Green Bay,
Madison, Wausau, Stevens Point, Sheboygan, Oshkosh, Eau Claire and
elsewhere. They played a positive role in helping to establish this
monument as well as pressing the Congress to enact this legislation.
They have also worked with the national headquarters of the Lao
Veterans of America and its chapters across the United States to
reconstruct many of the records of the veterans, which were destroyed
in Laos at the end of the Vietnam War.
More than a thousand Hmong veterans from Wisconsin were in
Washington, D.C. last week to commemorate the 25th anniversary of the
end of the Vietnam War in Laos and the passage of this legislation in
the House of Representatives. Over four thousand Hmong veterans marched
down Pennsylvania Avenue and attended ceremonies at the Vietnam War
Memorial, the U.S. Capitol and Arlington National Cemetery.
Mr. President, during the course of our consideration of this bill in
Committee, an objection was raised to a provision of the bill that
specifically mentions the Lao Veterans of America as an organization
whose certification of the eligibility of an individual veteran as
eligible for the benefits of this bill could be considered by the
Attorney General. Given that there is reason to believe that the
federal government has few remaining records of which Lao and Hmong
participated in the U.S. Secret Army, I think it is entirely reasonable
for the Attorney General to consider documentation provided by the Lao
Veterans of America or other Lao or Hmong veterans' organizations. In
fact, I understand that the Lao Veterans of America was named in the
House legislation because it has maintained extensive records of the
Hmong and Lao veterans of the U.S. Secret Army. Frankly, I do not
understand why this provision became such a sticking point, but in
order to move this bill along and get it to the President's desk as
quickly as possible, I agreed to a modification of this provision.
I am pleased that we reached agreement that this provision should not
be removed in its entirety. And I emphasize, and I know that the
Chairman of the Judiciary Committee agrees, that a negative inference
should not be drawn from the fact that the name of this specific
organization, the Lao Veterans of America, was removed from the bill.
Even though its name was removed from the bill, the Lao Veterans of
America can still provide documentation to the Attorney General, and
the Attorney General may consider it.
Mr. President, I again want to thank Senator Wellstone, Senator Kohl,
and Senator Hatch for their work to facilitate passage of this
important legislation that will help Hmong veterans finally attain
their well-deserved goal of U.S. citizenship.
Thank you, Mr. President. I yield the floor.
Mr. BROWNBACK. Mr. President, I ask unanimous consent that the bill,
as amended, be read the third time and passed, and the motion to
reconsider be laid upon the table, and that any statements relating
thereto be placed in the Record at the appropriate place as if read.
The PRESIDING OFFICER. Without objection, it is so ordered.
The bill (H.R. 371), as amended, was read the third time and passed.
Mr. LEAHY. Mr. President, if the Senator will yield a moment, I thank
the Senator from Kansas and others for passing this bill. I know this
has been a major cause of our retiring colleague from the other body,
Bruce Vento. We had this before the Judiciary Committee this morning. I
thank Senator Hatch and the others who helped make it possible to bring
it out. It rights a grievous wrong, and it is a good piece of
legislation.
Mr. BROWNBACK. I thank my colleague for mentioning that. It is
important that we are getting this bill passed. It is right to bring
attention to this matter. These are people who have done great things
for us and for our country. It should be taken care of. I am glad it
cleared through committee so well.
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