[106th Congress Public Law 207]
[From the U.S. Government Printing Office]
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[DOCID: f:publ207.106]
[[Page 114 STAT. 316]]
Public Law 106-207
106th Congress
An Act
To facilitate the naturalization of aliens who served with special
guerrilla units or irregular forces in Laos. <<NOTE: May 26,
2000 - [H.R. 371]>>
Be it enacted by the Senate and House of Representatives of the
United States of America in <<NOTE: Hmong Veterans' Naturalization Act
of 2000. 8 USC 1423 note.>> Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Hmong Veterans' Naturalization Act of
2000''.
SEC. 2. <<NOTE: 8 USC 1423 note.>> 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. <<NOTE: 8 USC 1423 note.>> 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. <<NOTE: 8 USC 1423 note.>> 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.
[[Page 114 STAT. 317]]
SEC. 5. <<NOTE: 8 USC 1423 note.>> 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. <<NOTE: 8 USC 1423 note.>> 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 <<NOTE: 8 USC 1423
note.>> .
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.
Approved May 26, 2000.
LEGISLATIVE HISTORY--H.R. 371:
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HOUSE REPORTS: No. 106-563 (Comm. on the Judiciary).
CONGRESSIONAL RECORD, Vol. 146 (2000):
May 2, considered and passed House.
May 18, considered and passed Senate, amended.
May 23, House concurred in Senate amendments.
WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 36 (2000):
May 26, Presidential statement.
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