[House Report 106-563]
[From the U.S. Government Publishing Office]
106th Congress Report
HOUSE OF REPRESENTATIVES
2d Session 106-563
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HMONG VETERANS' NATURALIZATION ACT OF 2000
_______
April 6, 2000.--Committed to the Committee of the Whole House on the
State of the Union and ordered to be printed
_______
Mr. Hyde, from the Committee on the Judiciary, submitted the following
R E P O R T
[To accompany H.R. 371]
[Including cost estimate of the Congressional Budget Office]
The Committee on the Judiciary, to whom was referred the
bill (H.R. 371) to expedite the naturalization of aliens who
served with special guerrilla units in Laos, having considered
the same, reports favorably thereon with amendments and
recommends that the bill as amended do pass.
TABLE OF CONTENTS
Page
The Amendment.............................................. 2
Purpose and Summary........................................ 3
Background and Need for the Legislation.................... 3
Hearings................................................... 6
Committee Consideration.................................... 6
Vote of the Committee...................................... 6
Committee Oversight Findings............................... 6
Committee on Government Reform Findings.................... 6
New Budget Authority and Tax Expenditures.................. 6
Congressional Budget Office Cost Estimate.................. 7
Constitutional Authority Statement......................... 8
Section-by-Section Analysis and Discussion................. 8
Agency Views............................................... 9
The amendments are as follows:
Strike out all after the enacting clause and insert in lieu
thereof the following:
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.
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.
Amend the title so as to read:
A bill to facilitate the naturalization of aliens who
served with special guerrilla units or irregular forces in
Laos.
Purpose and Summary
The purpose of this bill is to expedite the naturalization
of aliens who served with special guerrilla units in Laos
during the Vietnam War.
Background and Need for the Legislation
I. Background
The Hmong ``are a mountain people from southern China and
northern areas of Burma, Laos, Thailand, and Vietnam. . . .
Beginning in the 1950's, Hmong soldiers fought the Communist
Pathet Lao movement in Laos, and some Hmong later assisted U.S.
forces during the Vietnam War. After the war ended in 1975, the
Pathet Lao gained control of Laos and persecuted and imprisoned
many of the Hmong allies of the United States.'' \1\ Between
130,000 and 150,000 Laotian Hmong have entered the U.S. as
refugees since 1975.
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\1\ World Book Encylcopedia ``H'' 270 (1995).
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At great personal peril and loss of life, the Hmong fought
with American forces and performed critical roles in dangerous
missions. A former CIA officer stated to the Subcommittee on
Immigration and Claims that, ``[t]hroughout the war, CIA's
paramilitary forces collected intelligence, used it in combat
operations to tie down some 50,000 North Vietnamese forces in
Laos, rescued downed American pilots and protected sensitive
American installations at remote mountain tops. . . .'' \2\ The
Hmong guarded LIMA Site 85, one of America's most important
intelligence gathering sites during the Vietnam War. Close to
the border of North Vietnam, this site allowed the United
States to ``look-down'' electronically, on targets in Hanoi,
the Red River Valley, and the Ho Chi Minh trail.
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\2\ Hmong Veterans' Naturalization Act of 1997; and Canadian Border
Boat Landing Permit Requirements: Hearing before the Subcomm. on
Immigration and Claims of the House Judiciary Comm., 105th Cong., 1st
Sess. at 19-20 (1997)(statement of Theodore Shackley)(hereinafter cited
as ``Hearing'').
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Many Hmong refugees have found it difficult to naturalize
because of a difficulty in learning English. This is due to the
facts that they came from a tribal society without a written
language until recent decades and that many Hmong were
recruited to be guerrillas at the ages of 12-14 and hence did
not attend school. In order to naturalize, permanent residents
must demonstrate an understanding of the English language,
including an ability to read, write, and speak words in
ordinary usage in the English language.\3\
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\3\ Immigration and Nationality Act sec. 312(a)(1).
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II. Concerns about Fraud and the Administration's Position in the 105th
Congress
H.R. 371 is designed to ease the path to naturalization in
various ways for Hmong individuals who had fought in the CIA-
organized guerrilla units in Laos. In the 105th Congress, there
were expressions of concern about potential fraud because of
the possibility that Hmong refugees who did not actually serve
in guerrilla units could claim to have done so. These concerns
were related to difficulties in identifying which Hmong
refugees actually fought on behalf of the United States as few
records were kept of these covert operations.
According to data from the Departments of State and
Justice, about 2,600 families (about 12,000 people) entered
under a category reserved for those who claimed to have fought
alongside U.S. forces. However, these figures were suspect
because (1) they were self-reported claims and (2) there were
no compelling reasons for guerrillas to claim this status.
On June 26, 1997, the Subcommittee on Immigration and
Claims held a hearing on a 105th Congress bill providing
naturalization relief to Hmong guerrillas (also numbered H.R.
371). Louis Crocetti (Associate Commissioner for Examinations,
Immigration and Naturalization Service) testified that:
H.R. 371 would . . . be problematic to implement. . .
.
. . . .
In essence, a naturalization applicant under [H.R.
371] would simply have to present documents claiming to
have served in a special guerrilla unit. . . . It is
the experience of the Service in implementing programs
which rely on affidavits (such as the Immigration
Reform and Control Act of 1986) that fraud may be
prevalent.\4\
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\4\ Hearing at 23-24.
Mr. Crocetti further testified that the INS ``takes no
position as to whether Congress should amend the INA to provide
exceptions to the Hmong.'' \5\
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\5\ Id. at 23.
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On May 21, 1998, Ann Harkins, Acting Assistant Attorney
General, Office of Legislative Affairs, Department of Justice,
sent a letter to Lamar Smith, Chairman of the Subcommittee on
Immigration and Claims, stating that:
As introduced . . . H.R. 371 provided potential
opportunities for fraud, particularly because of lax
documentation requirements for proof of service with
special guerrilla units or irregular forces.
Since the hearing concerning H.R. 371 in June 1997,
the Immigration and Naturalization Service (INS) has
provided technical assistance in redrafting the bill
to: (1) tighten the documentation requirements; (2)
require the Department of Defense to review the
documentation; and (3) require the Department of
Defense to advise the INS with respect to the
credibility of claims of service with special guerrilla
units or irregular forces. As a consequence, the
Department does not object to this bill which, as
revised, would minimize the risk of fraud while
maximizing the intended benefit [to] certain Hmong
individuals and their spouses.
III. The Bill
H.R. 371 in the current Congress is generally based on the
Department of Justice proposal from 1998 and incorporates
changes adopted by the committee last Congress to address
fraud-related concerns. The bill would exempt naturalization
applicants from the English language requirement if they were
admitted into the United States as refugees from Laos and
served with special guerrilla units or irregular forces
operating from bases in Laos in support of the United States at
any time during the period beginning February 28, 1961, and
ending September 18, 1978, or who were spouses of such persons
on the day on which such persons applied for admission as
refugees.
The bill would also provide the aliens described above with
special consideration as to the civics requirement for
naturalization. Section 312(a)(2) of the INA provides that a
naturalization applicant must demonstrate a knowledge and
understanding of the fundamentals of the history, and of the
principles and form of Government, of the United States.
Section 312(b)(3) of the INA already provides special
consideration for aliens over 65 years of age who have been
living in the United States for periods totaling at least 20
years subsequent to lawful admission for permanent residence.
Under this standard, applicants are tested at a less difficult
level.\6\ Applicants are asked 10 questions from a special list
of 25 U.S. history and Government questions. Six must be
answered correctly.
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\6\ Memorandum from Louis D. Crocetti, Jr., to all INS field
offices (Dec. 22, 1995), reproduced in 73 Interpreter Releases 86 (Jan.
16, 1996).
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The bill requires aliens to submit documentation of their,
or their spouse's, service with a special guerrilla unit, or
irregular forces. The bill provides that in determining an
alien's eligibility for benefits under this bill, the Attorney
General (1) shall review refugee processing documents to verify
that an alien was admitted to the United States as a refugee
from Laos, (2) shall consider the documentation submitted by
the alien, (3) shall request an advisory opinion from the
Secretary of Defense, and (4) may consider any certification
prepared by the Lao Veterans of America, Inc. or similar
organizations.
The Lao Veterans of America includes tens of thousands of
Hmong and Lao veterans and their families who played roles in
the U.S. covert war in Laos and Vietnam. It has stringent
requirements for membership:
The criteria for joining our organization is first,
filling out an application and submitting to an initial
interview, secondly determining that the prospective
member served a minimum of 1 year as a veteran and
thirdly, be certified by a former commander or his
representative, or the leader of the U.S. Secret Army
in Laos, Major General Vang Pao. Finally, the applicant
must be verified by a three member military review
board appointed by the Lao Veterans of America's Board
of Directors and Advisory Board.\7\
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\7\ Letter from Wangyee Vang, National President, Lao Veterans of
America, Inc., to Lamar Smith, Chairman, Subcommittee on Immigration
and Claims (March 25, 1998).
To further reduce the potential for fraudulent claims, the
bill provides that a maximum of 45,000 permanent residents may
take advantage of the benefits provided by the bill. The 45,000
figure was chosen because according to information provided by
the Lao Veterans of America, this is the outside range of the
number of Hmong who actually should qualify for benefits under
the bill.
This legislation is supported by the American Legion and
the Special Forces Association.
Hearings
No hearings were held on H.R. 371 in the 106th Congress.
However, the committee's Subcommittee on Immigration and Claims
held 1 day of hearings on the predecessor bill in the 105th
Congress, also H.R. 371, on June 26, 1997. Testimony was
received from Congressman Bruce Vento; Louis D. Crocetti, Jr.,
Associate Commissioner for Examinations, Immigration and
Naturalization Service; Susan Haigh, Ramsey County
Commissioner, St. Paul, Minnesota; Mark Pratt; and Mark
Krikorian, Executive Director, Center for Immigration Studies.
Committee Consideration
On March 28, 2000, the committee met in open session and
ordered favorably reported the bill H.R. 371 without amendment
by a voice vote, a quorum being present.
Vote of the Committee
H.R. 371 was approved by a voice vote.
Committee Oversight Findings
In compliance with clause 3(c)(1) of rule XIII of the Rules
of the House of Representatives, the committee reports that the
findings and recommendations of the committee, based on
oversight activities under clause 2(b)(1) of rule X of the
Rules of the House of Representatives, are incorporated in the
descriptive portions of this report.
Committee on Government Reform Findings
No findings or recommendations of the Committee on
Government Reform were received as referred to in clause
3(c)(4) of rule XIII of the Rules of the House of
Representatives.
New Budget Authority and Tax Expenditures
Clause 3(c)(2) of House Rule XIII is inapplicable because
this legislation does not provide new budgetary authority or
increased tax expenditures.
Congressional Budget Office Cost Estimate
In compliance with clause 3(c)(3) of rule XIII of the Rules
of the House of Representatives, the committee sets forth, with
respect to the bill, H.R. 371, the following estimate and
comparison prepared by the Director of the Congressional Budget
Office under section 402 of the Congressional Budget Act of
1974:
U.S. Congress,
Congressional Budget Office,
Washington, DC, April 4, 2000.
Hon. Henry J. Hyde, Chairman,
Committee on the Judiciary,
House of Representatives, Washington, DC.
Dear Mr. Chairman: The Congressional Budget Office has
prepared the enclosed cost estimate for H.R. 371, the Hmong
Veterans' Naturalization Act of 1999.
If you wish further details on this estimate, we will be
pleased to provide them. The CBO staff contact for this
estimate is Mark Grabowicz, who can be reached at 226-2860.
Sincerely,
Dan L. Crippen, Director.
Enclosure
cc:
Honorable John Conyers Jr.
Ranking Democratic Member
H.R. 371--Hmong Veterans' Naturalization Act of 1999.
CBO estimates that implementing this legislation would cost
less than $500,000 annually in appropriated funds over the next
two years. The bill also would affect direct spending, so pay-
as-you-go procedures would apply, but we estimate that the net
effects would be less than $500,000 annually. H.R. 371 contains
no intergovernmental or private-sector mandates as defined in
the Unfunded Mandates Reform Act and would not have a
significant effect on state budgets. The bill would have no
impact on local or tribal governments.
H.R. 371 would relax the naturalization requirements
relating to English language proficiency and knowledge of
civics for certain Laotians and their spouses. The bill would
limit those eligible to apply under these relaxed standards to
no more than 45,000 people who would have to apply for
citizenship within 18 months of the bill's enactment. The
naturalization fee is $225, so enacting H.R. 371 could increase
fees collected by the Immigration and Naturalization Service
(INS) by up to $10 million, mostly in fiscal year 2001. We
expect that the INS would spend the fees (without further
appropriation), mostly in the year in which they are collected,
so enacting H.R. 371 would result in a net budgetary impact of
less than $500,000 in any year.
This legislation would require the INS to consult with the
Department of Defense (DoD) regarding the military service of
each applicant for naturalization under the bill's provisions.
We expect that DoD would spend less than $500,000 annually on
consultation.
The CBO staff contact for this estimate is Mark Grabowicz,
who can be reached at 226-2860. This estimate was approved by
Peter H. Fontaine, Deputy Assistant Director for Budget
Analysis.
Constitutional Authority Statement
Pursuant to clause 3(d)(1) of rule XIII of the Rules of the
House of Representatives, the committee finds the authority for
this legislation in Article 1, section 8, clause 4 of the
Constitution.
Section-by-Section Analysis and Discussion
Section 1. Short Title
Section 2. Exemption from English Language Requirement for Certain
Aliens Who Served with Special Guerrilla Units or Irregular
Forces in Laos
Section 312(a)(1) of the Immigration and Nationality Act
requires that, to be naturalized, a person must demonstrate an
understanding of the English language, including an ability to
read, write, and speak words in ordinary usuage in the English
language, provided that the requirements relating to ability to
read and write shall be met if the applicant can read or write
simple words and phrases to the end that a reasonable test of
his literacy shall be made and that no extraordinary or
unreasonable conditions shall be imposed upon the applicant.
The bill provides that the above requirement does not apply
to the naturalization of any person who 1) was admitted into
the United States as a refugee from Laos pursuant to section
207 of the INA and 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) was admitted into the United States as a refugee from Laos
pursuant to section 207 of the INA and was the spouse of a
person described in point 1 on the day on which such person
applied for admission into the United States as a refugee.
Section 3. Special Consideration Concerning Civics Requirement for
Certain Aliens Who Served with Special Guerrilla Units or
Irregular Forces in Laos
Section 312(a)(2) of the Immigration and Nationality Act
requires that, to be naturalized, a person must demonstrate a
knowledge and understanding of fundamentals of the history, and
of the principles and form of Government, of the United States.
The bill specifies that the Attorney General shall provide
for special consideration concerning this requirement for
aliens described in section 2 of the bill.
Section 4. Documentation of Qualifying Service
A person seeking benefits under section 2 or 3 of the bill
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, 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.
Section 5. Determination of Eligibility for Exemption and Special
Consideration
In determining a person's eligibility for benefits under
section 2 or 3 of the bill, 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 and
shall take into account that opinion, and 4) may consider any
certification prepared by the Lao Veterans of America, Inc., or
any similar organization maintaining records with respect to
Hmong veterans or their families.
Section 6. Deadline for Application and Payment of Fees
Applications for benefits under the bill must be filed,
with appropriate fees, not later than 18 months after the date
of enactment of the bill.
Section 7. Limitation on Number of Beneficiaries
The total number of aliens who may be granted benefits
under sections 2 or 3 may not exceed 45,000.
Agency Views
U.S. Department of Justice,
Office of Legislative Affairs,
Washington, DC, March 29, 2000.
Hon. Henry J. Hyde, Chairman,
Committee on the Judiciary,
House of Representatives, Washington, DC.
Dear Mr. Chairman: This letter presents the views of the
Department of Justice on H.R. 371, the ``Hmong Veterans
Naturalization Act of 1999.'' The Department appreciates the
courage of the Hmong veterans who would benefit from enactment
of this legislation, as well as the particular challenge that
the English and civics requirements for naturalization present
to many such veterans and their spouses. We support this bill
but would like to share with you several technical comments
about H.R. 371 as introduced.
Section 5(3) states that in determining eligibility for
exemption and special consideration, the Attorney General shall
request an advisory opinion from the Secretary of Defense.
However, the bill does not require the Department of Defense to
provide the advisory opinion. Furthermore, no provision is made
regarding how the Attorney General shall proceed if the
Department of Defense is unable to provide an advisory opinion.
It is not necessarily the case that in every situation a
Department of Defense opinion would be needed to determine
eligibility. In the interest of flexibility, we recommend
amending this clause to provide that the Attorney General may
request an advisory opinion; that upon request, the Secretary
of Defense shall provide the requested opinion to the extent
possible; and that the Attorney General shall take into account
any opinion that the Secretary of Defense is able to provide.
Section 7 provides that 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.
If deserving Hmong veterans or their spouses otherwise qualify
for the benefits provided by this legislation, we question why
it would be appropriate or necessary to deny them because of
this cap. We also note that this provision is likely to cause
uncertainty among the beneficiaries of this legislation.
Thank you for the opportunity to provide our views. Please
do not hesitate to call upon us if we may be of further
assistance. The Office of Management and Budget has advised us
that, from the standpoint of the Administration's program,
there is no objection to the submission of this letter.
Sincerely,
Robert Raben, Assistant Attorney General.
Identical letter sent to the Honorable John Conyers, Jr.