Section I - Coalition remedy to PL 115-141
In the attempt to remedy to flaws in PL 115-141 Hmong and Lao recognition and Burial legislation, The Coalition researched and studied the laws origins and rational. Following is our remedy and amended language to that law and conclusion below.
Rational and Research1971, Moose-Lowenstein Report |
Section II - Amended Language
AMENDED LANGUAGE
AMENDED LANGUAGE
38 United States Code, Section 2402, Paragraph 10:
Currently reads as follows:
Sec. 2402:
(a) In general. Section 2402(a) of title 38, United States Code, Paragraph 10,
(b) (10) Any individual--
“(a) who--
“(i) was naturalized pursuant to section 2(1) of the Hmong Veterans’ Naturalization Act of 2000 (Public Law 106–207; 8 U.S.C. 1423 note); and
“(ii) at the time of the individual’s death resided in the United States.”.
(b) Effective date.—The amendment made by subsection (a) shall apply with respect to an individual dying on or after the date of the enactment of this Act.
[Strike] paragraph 10:
(10) Any individual--
“(a) who--
“(i) was naturalized pursuant to section 2(1) of the Hmong Veterans’ Naturalization Act of 2000 (Public Law 106–207; 8 U.S.C. 1423 note); and
“(ii) at the time of the individual’s death resided in the United States.”.
(b) Effective date.—The amendment made by subsection (a) shall apply with respect to an individual dying on or after the date of the enactment of this Act.
Amend as follows:
(10) Any individual-
(a) who-
(i) is a naturalized citizen of the United States or an alien lawfully admitted for permanent residence in the United States; and
(ii) who served as a clandestine combatant with a special guerrilla unit, or irregular force, operating from a base in Laos under the guidance of the U.S. Ambassador to Laos and the Central Intelligence Agency in support of the United States foreign policy and the United States military; or
who served as a clandestine combatant with a covert irregular unit infiltrated into North Vietnam under the guidance of the Central Intelligence Agency, or the Commander, Military Assistance Command Vietnam and the Military Assistance Command Vietnam Studies and Observation Group or its predecessors; or
who served as a clandestine combatant with an irregular unit operating covertly under the guidance of the Central Intelligence Agency, or the Commander, Military Assistance Command Vietnam and the Military Assistance Command Vietnam Studies and Observation Group or its predecessors in the Republic of Vietnam, Laos or Cambodia; and
(iii) who as of 23 May 1975 is a naturalized citizen or a legal resident of the United States; and
(iv) who at the time of the individual’s death resided in the United States; and
(v) who documents his service with a clandestine irregular unit, as described in paragraph (ii) above, in the form of--
a. original documents; or
b. an affidavit of the serving person’s superior officer; or
c. two affidavits from other individuals who also were serving with such an irregular unit, and who personally knew of the person’s service; or
d. other appropriate proof; or
(vi) was the spouse of a person described in paragraph (ii) above on the day which such described person applied for admission to the United States or the day such described person became a naturalized U.S. citizen or a legal resident of the United States.
(b) Effective date.—The amendment made by subsection (A) shall apply with respect to an individual dying on or after the date of the enactment of this Act.
(c) Deadline.- This Act shall apply to a person only if the person’s application for burial in any open national cemetery under the control of the National Cemetery Administration is submitted not later than 10 years after the date of the enactment of this Act.
38 United States Code, Section 2402, Paragraph 10:
Currently reads as follows:
Sec. 2402:
(a) In general. Section 2402(a) of title 38, United States Code, Paragraph 10,
(b) (10) Any individual--
“(a) who--
“(i) was naturalized pursuant to section 2(1) of the Hmong Veterans’ Naturalization Act of 2000 (Public Law 106–207; 8 U.S.C. 1423 note); and
“(ii) at the time of the individual’s death resided in the United States.”.
(b) Effective date.—The amendment made by subsection (a) shall apply with respect to an individual dying on or after the date of the enactment of this Act.
[Strike] paragraph 10:
(10) Any individual--
“(a) who--
“(i) was naturalized pursuant to section 2(1) of the Hmong Veterans’ Naturalization Act of 2000 (Public Law 106–207; 8 U.S.C. 1423 note); and
“(ii) at the time of the individual’s death resided in the United States.”.
(b) Effective date.—The amendment made by subsection (a) shall apply with respect to an individual dying on or after the date of the enactment of this Act.
Amend as follows:
(10) Any individual-
(a) who-
(i) is a naturalized citizen of the United States or an alien lawfully admitted for permanent residence in the United States; and
(ii) who served as a clandestine combatant with a special guerrilla unit, or irregular force, operating from a base in Laos under the guidance of the U.S. Ambassador to Laos and the Central Intelligence Agency in support of the United States foreign policy and the United States military; or
who served as a clandestine combatant with a covert irregular unit infiltrated into North Vietnam under the guidance of the Central Intelligence Agency, or the Commander, Military Assistance Command Vietnam and the Military Assistance Command Vietnam Studies and Observation Group or its predecessors; or
who served as a clandestine combatant with an irregular unit operating covertly under the guidance of the Central Intelligence Agency, or the Commander, Military Assistance Command Vietnam and the Military Assistance Command Vietnam Studies and Observation Group or its predecessors in the Republic of Vietnam, Laos or Cambodia; and
(iii) who as of 23 May 1975 is a naturalized citizen or a legal resident of the United States; and
(iv) who at the time of the individual’s death resided in the United States; and
(v) who documents his service with a clandestine irregular unit, as described in paragraph (ii) above, in the form of--
a. original documents; or
b. an affidavit of the serving person’s superior officer; or
c. two affidavits from other individuals who also were serving with such an irregular unit, and who personally knew of the person’s service; or
d. other appropriate proof; or
(vi) was the spouse of a person described in paragraph (ii) above on the day which such described person applied for admission to the United States or the day such described person became a naturalized U.S. citizen or a legal resident of the United States.
(b) Effective date.—The amendment made by subsection (A) shall apply with respect to an individual dying on or after the date of the enactment of this Act.
(c) Deadline.- This Act shall apply to a person only if the person’s application for burial in any open national cemetery under the control of the National Cemetery Administration is submitted not later than 10 years after the date of the enactment of this Act.
Section III - Conclusion
The legislation is so flawed it will be very hard to amend and satisfy all of The Department of Veteran Affairs rules regarding burial rights in national cemeteries. Our conclusion is either to attempt amending the legislation;
(text bellow); repeal the law in its entirety; or wait until all Veterans have passed into history without a remedy, denying most of the veterans of the intended honor. Humiliating and tragic to all who were omitted.
Apparently the U.S. Congress has chosen the third option.
Repeated calls, letters and meetings with the chief authors of PL 115-141, Rep. James Costa, Rep. Dean Phillips, Sen. Lisa Murkowski, and Sen. Amy Kloburchar beginning in 2018 have not yielded any results.
Repeated letters and emails have gotten " we continue to work on the remedy" or "Its on our white board" or no response no response at all. Most recent calls and corrispondence have gone unanswered.
Inquiries have been made by the Coalition of Allied Vietnam War Veterans, US Army Special Forces Assoc. Royal Lao Airborne Assoc. Royal Lao Armed Forces Assoc. and many individuals with special effort by CL Insexiesgamy Khao, former Royal Lao Armed Forces and Special Guerrilla Units Commander who lead more than 1500 men during his service into battle and who has been omitted from the recognition. He worked directly with Ambassadors to Laos, G. McMurtrie Godley, Charles S. Whitehouse who's son is now a Senator from Rhode Island and has been sent a most recent letter with no response, CIA Chief of Mission in Laos, Hugh Tovar and a countless number of U.S Military and CIA Case Officers. His story can be found here.
(text bellow); repeal the law in its entirety; or wait until all Veterans have passed into history without a remedy, denying most of the veterans of the intended honor. Humiliating and tragic to all who were omitted.
Apparently the U.S. Congress has chosen the third option.
Repeated calls, letters and meetings with the chief authors of PL 115-141, Rep. James Costa, Rep. Dean Phillips, Sen. Lisa Murkowski, and Sen. Amy Kloburchar beginning in 2018 have not yielded any results.
Repeated letters and emails have gotten " we continue to work on the remedy" or "Its on our white board" or no response no response at all. Most recent calls and corrispondence have gone unanswered.
Inquiries have been made by the Coalition of Allied Vietnam War Veterans, US Army Special Forces Assoc. Royal Lao Airborne Assoc. Royal Lao Armed Forces Assoc. and many individuals with special effort by CL Insexiesgamy Khao, former Royal Lao Armed Forces and Special Guerrilla Units Commander who lead more than 1500 men during his service into battle and who has been omitted from the recognition. He worked directly with Ambassadors to Laos, G. McMurtrie Godley, Charles S. Whitehouse who's son is now a Senator from Rhode Island and has been sent a most recent letter with no response, CIA Chief of Mission in Laos, Hugh Tovar and a countless number of U.S Military and CIA Case Officers. His story can be found here.