Final Overview & Statement - January 14, 2026
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Audio File - duration - 16:30
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Executive Brief
Report & Analysis
Addenda
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Task Force Report and Protocol submitted for final approval - Meeting 8
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Text of Protocol
The Advisory Task Force’s recommendations Draft Protocol & Eligibility Criteria Language:
Eligibility for State Veterans Benefits and Privileges Protocol – Veterans of the Secret War in Laos
This protocol establishes procedures for determining eligibility for state veterans benefits and privileges for Veterans of the Secret War in Laos.
Eligibility for benefits under this section require the applicant to pre-file for burial with the U.S. Department of Veterans Affairs National Cemetery Administration. The applicant must complete VA Form VA40-10007, “Application for Pre-Need Determination of Eligibility for Burial in a VA National Cemetery.” The registration number will be used by the U.S. Citizenship and Immigration Services to retrieve the applicant’s naturalization records for determination by the Federal VA.
Minnesota County Veteran Service Officers or the Minnesota Department of Veterans Affairs must assist applicants in completing VA Form VA40-10007. Copies of this form will be available on the department website and at department offices.
After the Federal VA determines eligibility, the applicant must provide a copy of the determination to the department. Upon verification, the Minnesota Department of Veterans Affairs will issue the applicant a Certificate of Eligibility qualifying them for state veterans benefits and privileges.
Special Consideration by the Commissioner
If an applicant does not receive a positive determination from the Federal VA, they may request Special Consideration by the Commissioner Applications for Special Consideration must follow the prescribed process by the Commissioner.
Applicable forms and the submission process will be available on the Minnesota Department of Veterans Affairs website and in person at the offices of the department.
For Special Consideration, the applicant must submit the following:
(1) the denial notice from the Federal VA, and
(2) at least two different forms of documentation supporting the claim of Veteran status. Acceptable documentation may include:
(1) original service-related documents;
(2) an affidavit from a commissioned officer, non-commissioned officer, or other member of the applicant’s chain of command with direct knowledge of the applicant’s service;
(3) two affidavits from individuals who served with the applicant in a special guerrilla unit or irregular forces, and have personal knowledge of the applicant’s service; or
(4) other appropriate proof as determined by the Commissioner, including but not limited to: a. Photographs taken during their service in Laos as SGU members.
b. Newspaper articles (published, written, or digital) featuring or quoting their service as SGU veterans or irregular forces.
c. Certificates of membership from recognized veterans’ organizations, such as the Lao-Hmong American Coalition, Lao Veterans of America, SGU Veterans and Families of USA, Inc., Royal Lao Armed Forces and SGU, etc.
d. Congressional recognition certificates.
e. Certificates of training (including from Thailand).
f. Letters of commendation.
g. Additional affidavit from either a U.S. Intelligence Case Officer or someone in the chain of honor. g. Other relevant supporting documents.
Determination of an applicant’s eligibility for special consideration requires the Commissioner to evaluate the authenticity and consistency of all submitted documentation and may also review records maintained by organizations that track SGU or Irregular Force Veterans.
Within 90 days of receiving a completed application and supporting documentation, the Commissioner will issue a determination of eligibility, determination of denial, or request additional information from the applicant. Applications will remain open until a final determination is issued. If the Commissioner determines that the applicant qualifies as a Veteran of the Secret War in Laos, the Commissioner will issue a Certificate of Eligibility recognizing the applicant’s status for state veteran benefits and privileges.
Appeals of Special Consideration Determinations
If the Commissioner denies issuance of a Certificate of Eligibility, the applicant may submit a written request for a contested case hearing to challenge the determination of Veteran status. The request must be filed within 60 days from the date of the denial notice and must state the specific reasons for contesting the determination.
Contested case hearings will be conducted in accordance with the procedures established in Minnesota Statutes sections 14.57 through 14.62.
Deadline for Application
Applications for eligibility determinations will be accepted until December 31, 2030.
Eligibility for State Veterans Benefits and Privileges Protocol – Veterans of the Secret War in Laos
This protocol establishes procedures for determining eligibility for state veterans benefits and privileges for Veterans of the Secret War in Laos.
Eligibility for benefits under this section require the applicant to pre-file for burial with the U.S. Department of Veterans Affairs National Cemetery Administration. The applicant must complete VA Form VA40-10007, “Application for Pre-Need Determination of Eligibility for Burial in a VA National Cemetery.” The registration number will be used by the U.S. Citizenship and Immigration Services to retrieve the applicant’s naturalization records for determination by the Federal VA.
Minnesota County Veteran Service Officers or the Minnesota Department of Veterans Affairs must assist applicants in completing VA Form VA40-10007. Copies of this form will be available on the department website and at department offices.
After the Federal VA determines eligibility, the applicant must provide a copy of the determination to the department. Upon verification, the Minnesota Department of Veterans Affairs will issue the applicant a Certificate of Eligibility qualifying them for state veterans benefits and privileges.
Special Consideration by the Commissioner
If an applicant does not receive a positive determination from the Federal VA, they may request Special Consideration by the Commissioner Applications for Special Consideration must follow the prescribed process by the Commissioner.
Applicable forms and the submission process will be available on the Minnesota Department of Veterans Affairs website and in person at the offices of the department.
For Special Consideration, the applicant must submit the following:
(1) the denial notice from the Federal VA, and
(2) at least two different forms of documentation supporting the claim of Veteran status. Acceptable documentation may include:
(1) original service-related documents;
(2) an affidavit from a commissioned officer, non-commissioned officer, or other member of the applicant’s chain of command with direct knowledge of the applicant’s service;
(3) two affidavits from individuals who served with the applicant in a special guerrilla unit or irregular forces, and have personal knowledge of the applicant’s service; or
(4) other appropriate proof as determined by the Commissioner, including but not limited to: a. Photographs taken during their service in Laos as SGU members.
b. Newspaper articles (published, written, or digital) featuring or quoting their service as SGU veterans or irregular forces.
c. Certificates of membership from recognized veterans’ organizations, such as the Lao-Hmong American Coalition, Lao Veterans of America, SGU Veterans and Families of USA, Inc., Royal Lao Armed Forces and SGU, etc.
d. Congressional recognition certificates.
e. Certificates of training (including from Thailand).
f. Letters of commendation.
g. Additional affidavit from either a U.S. Intelligence Case Officer or someone in the chain of honor. g. Other relevant supporting documents.
Determination of an applicant’s eligibility for special consideration requires the Commissioner to evaluate the authenticity and consistency of all submitted documentation and may also review records maintained by organizations that track SGU or Irregular Force Veterans.
Within 90 days of receiving a completed application and supporting documentation, the Commissioner will issue a determination of eligibility, determination of denial, or request additional information from the applicant. Applications will remain open until a final determination is issued. If the Commissioner determines that the applicant qualifies as a Veteran of the Secret War in Laos, the Commissioner will issue a Certificate of Eligibility recognizing the applicant’s status for state veteran benefits and privileges.
Appeals of Special Consideration Determinations
If the Commissioner denies issuance of a Certificate of Eligibility, the applicant may submit a written request for a contested case hearing to challenge the determination of Veteran status. The request must be filed within 60 days from the date of the denial notice and must state the specific reasons for contesting the determination.
Contested case hearings will be conducted in accordance with the procedures established in Minnesota Statutes sections 14.57 through 14.62.
Deadline for Application
Applications for eligibility determinations will be accepted until December 31, 2030.
Protocol Vote
Chairman Pha - Yes
Vice Chairman Johnson - Yes
Member Stusinski - Yes
Member Young - Yes
Member Vang - Yes
Member Lee -Yes
Member Rouleou - Yes
Member Walker -No
Member Duran - No
Member Howe _ No
Member Dilks - Absent
Member Kirk - Absent
Member Cha - Absent
Seven Yes - Three No - Three Absent
Protocol Passed
Minority Report Motion
Motion made by Member Scott Walker to provide a minority report to the Commisioner and State Legislature.
Motion discussed but failed,
Vote 8 to 2, - 3 no votes
Task Force Adjourned
Motion to Pause Task Force Report and Protocol - Not Made
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Audio file duration - 1:45
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To Pause Task Force Protocol Report and Advise a Pause in Implementation
Motion to Pause Protocol Report and Advise Legislative and Administrative Pause
I move that the Minnesota Advisory Task Force recommend that the MDVA Commissioner and the Minnesota Legislature be advised to pause the implementation of any protocols or the codification of eligibility protocols under Minnesota Statute §197.448, pending resolution of identified structural and verification deficiencies.
This motion is based on the following factual findings established in the Task Force record:
Given these unresolved issues, proceeding with protocol development or implementation risks inconsistent administration, inequitable outcomes among similarly situated allied veterans, heightened fraud exposure, and downstream controversy affecting public confidence in Minnesota’s veterans benefits framework.
Accordingly, the Task Force should advise that implementation of §197.448 be paused until these deficiencies can be remedied through clear definitions, credible verification standards, and appropriate safeguards that are consistent with historical reality, equal treatment principles, and long-term administrative sustainability.
Motion to Pause Protocol Report and Advise Legislative and Administrative Pause
I move that the Minnesota Advisory Task Force recommend that the MDVA Commissioner and the Minnesota Legislature be advised to pause the implementation of any protocols or the codification of eligibility protocols under Minnesota Statute §197.448, pending resolution of identified structural and verification deficiencies.
This motion is based on the following factual findings established in the Task Force record:
- Public Law 106-207 identifies only Lao Hmong SGU Veterans for immigration relief and does not identify or verify other foreign irregular veterans, including other Lao, Vietnamese, Khmer, or other allied forces, who operated in Laos or supported U.S. government-directed military or national security operations during the Secret War in Laos and Vietnam War period.
- Minnesota Statute §197.448 mirrors this limitation in subdivision (1), while subdivision (2) relies on undefined terms, such as “special guerrilla unit,” “irregular forces,” “base in Laos,” and “in support of the armed forces of the United States”, that lack sufficient clarity for consistent and equitable adjudication.
- The statute and draft Task Force protocol apply less stringent verification standards to foreign allied veterans than are required of U.S. veterans for comparable state benefits and privileges, including veterans' preference in public employment and permissive preference in private employment.
- The current framework omits recognized categories of allied service, including Lao and Hmong T-28 pilots and other operational roles, despite their documented participation in U.S.-directed wartime operations.
- Public Law 106-207 was not designed as a service-verification statute and does not reliably identify SGU or irregular service in support of U.S. foreign policy or national security objectives during the Vietnam War, creating a weak and incomplete foundation for state veteran-status determinations.
- The Task Force draft protocol does not incorporate any structured, hierarchical verification mechanism comparable to the CAVWV Letter of Certification framework and which despite evidence in the record that such a framework has already been accepted by the United States Department of Veterans Affairs for SGU burial determinations in record-scarce environments.
Given these unresolved issues, proceeding with protocol development or implementation risks inconsistent administration, inequitable outcomes among similarly situated allied veterans, heightened fraud exposure, and downstream controversy affecting public confidence in Minnesota’s veterans benefits framework.
Accordingly, the Task Force should advise that implementation of §197.448 be paused until these deficiencies can be remedied through clear definitions, credible verification standards, and appropriate safeguards that are consistent with historical reality, equal treatment principles, and long-term administrative sustainability.
Re-framing Minnesota Statute 197.448
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Audio file duration - 5:00
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Re-framing Minnesota Statute §197.448
The statute and draft protocol before the Task Force appear to reflect a limited operational framing of U.S. involvement in Indochina during the Vietnam War period, principally a Laos-centric and SGU-centric understanding, without fully accounting for the broader range of U.S. government-directed military and national security operations conducted across Laos, South Vietnam, Cambodia, and North Vietnam, including interagency and cross-border activities under MACVSOG and related authorities. This narrowing effect is most plausibly explained not by intent, but by knowledge-boundary constraints inherent in legislating complex, historically covert operations decades after the fact. However, when such constraints are not acknowledged and remedied through clearer definitions, verification standards, and inclusive scope analysis, the resulting framework risks repeating governance errors seen in other contexts, namely, incomplete eligibility criteria, inconsistent adjudication, and downstream controversy once implementation begins. The Task Force record should therefore reflect the need for further historical and operational grounding before finalizing protocols that confer high-salience veterans' benefits.
This issue isn’t about any one community or intent; it’s about how states sometimes struggle to legislate accurately when dealing with complex, covert history. The Vietnam-era conflict in Indochina involved multiple U.S.-directed operations across several countries and agencies, many of which were deliberately undocumented. Minnesota’s current framework appears to rely on a narrow historical lens that doesn’t fully capture that complexity. When laws are built on an incomplete scope, especially when they involve employment preferences and other tangible benefits, states risk the same kinds of implementation problems seen elsewhere: uneven treatment, verification gaps, and loss of public confidence. The responsible response isn’t blame; it’s to pause, broaden the factual foundation, and get the definitions and safeguards right before moving forward.
Proposed Revision — Minnesota Statutes §197.448
Veterans of U.S.-Directed Allied Service During the Vietnam War Period
Subdivision 1. Definitions.
For purposes of this section, the following terms have the meanings given.
(a) “Allied service member” means a foreign national who served honorably during the Vietnam War period in support of United States government-directed military or national security operations, including covert or interagency operations, under appropriate federal authority.
(b) “Vietnam War period” means the period beginning February 28, 1961, and ending May 14, 1975.
(c) “U.S. government-directed operations” includes operations conducted or directed under Title 10 or Title 50 authorities, including those led or coordinated by the Department of Defense, the Central Intelligence Agency, the Department of State under Chief of Mission authority, or interagency mechanisms.
(d) “Special guerrilla unit” means an irregular military or paramilitary unit organized, trained, equipped, or directed by the United States or its designated agents for combat, reconnaissance, interdiction, aviation, or related operational roles.
(e) “Irregular forces” means non-regular military personnel who participated in combat, combat support, aviation, reconnaissance, or intelligence-related missions in support of U.S. government-directed operations during the Vietnam War period.
(f) “Operational base” means a permanent, semi-permanent, or temporary location used to stage, support, or conduct operations, including but not limited to locations in Laos, South Vietnam, Cambodia, North Vietnam, or cross-border areas.
(g) “Chain-of-Honor Certification” means a structured verification method relying on hierarchical attestations by senior allied or United States personnel with direct operational knowledge, supported by basis-of-knowledge statements and subject to audit and revocation.
Subd. 2. Eligibility for Recognition.
An allied service member qualifies as a veteran for purposes of this section if the commissioner determines that the person:
Served honorably as an allied service member during the Vietnam War period and is a citizen of the United States or an alien lawfully admitted for permanent residence, as verified under subdivision 3.
Subd. 3. Verification Standards.
(a) Eligibility under subdivision 2, clause (2), must be established by credible and non-circular evidence demonstrating qualifying service.
(b) Acceptable evidence includes, but is not limited to:
(d) Verification standards under this subdivision must be no less rigorous than standards applied to U.S. veterans for comparable state benefits.
Subd. 4. Included Service Categories.
Qualifying allied service includes, but is not limited to:
(1) ground combat and combat support personnel;
(2) reconnaissance, interdiction, and intelligence operations, including MACVSOG-related activities;
(3) aviation personnel, including allied pilots and aircrew (e.g., T-28 pilots);
(4) personnel supporting cross-border and interagency operations conducted under U.S. direction.
Subd. 5. Benefits and Privileges.
An allied service member recognized under this section is eligible for the benefits and privileges available to veterans under sections 171.07, subdivision 15; 197.23; 197.231; 197.236; 197.63; 197.65; and 197.987.
Veterans preference under sections 197.455 and 197.4551 applies only upon verification under subdivision 3.
Subd. 6. Safeguards and Integrity Controls.
(a) The commissioner shall establish procedures for:
Subd. 7. Rulemaking; Advisory Input.
The commissioner may adopt rules to implement this section and may consult historians, veterans, and subject-matter experts with direct operational knowledge of U.S.-directed allied service during the Vietnam War period.
The statute and draft protocol before the Task Force appear to reflect a limited operational framing of U.S. involvement in Indochina during the Vietnam War period, principally a Laos-centric and SGU-centric understanding, without fully accounting for the broader range of U.S. government-directed military and national security operations conducted across Laos, South Vietnam, Cambodia, and North Vietnam, including interagency and cross-border activities under MACVSOG and related authorities. This narrowing effect is most plausibly explained not by intent, but by knowledge-boundary constraints inherent in legislating complex, historically covert operations decades after the fact. However, when such constraints are not acknowledged and remedied through clearer definitions, verification standards, and inclusive scope analysis, the resulting framework risks repeating governance errors seen in other contexts, namely, incomplete eligibility criteria, inconsistent adjudication, and downstream controversy once implementation begins. The Task Force record should therefore reflect the need for further historical and operational grounding before finalizing protocols that confer high-salience veterans' benefits.
This issue isn’t about any one community or intent; it’s about how states sometimes struggle to legislate accurately when dealing with complex, covert history. The Vietnam-era conflict in Indochina involved multiple U.S.-directed operations across several countries and agencies, many of which were deliberately undocumented. Minnesota’s current framework appears to rely on a narrow historical lens that doesn’t fully capture that complexity. When laws are built on an incomplete scope, especially when they involve employment preferences and other tangible benefits, states risk the same kinds of implementation problems seen elsewhere: uneven treatment, verification gaps, and loss of public confidence. The responsible response isn’t blame; it’s to pause, broaden the factual foundation, and get the definitions and safeguards right before moving forward.
Proposed Revision — Minnesota Statutes §197.448
Veterans of U.S.-Directed Allied Service During the Vietnam War Period
Subdivision 1. Definitions.
For purposes of this section, the following terms have the meanings given.
(a) “Allied service member” means a foreign national who served honorably during the Vietnam War period in support of United States government-directed military or national security operations, including covert or interagency operations, under appropriate federal authority.
(b) “Vietnam War period” means the period beginning February 28, 1961, and ending May 14, 1975.
(c) “U.S. government-directed operations” includes operations conducted or directed under Title 10 or Title 50 authorities, including those led or coordinated by the Department of Defense, the Central Intelligence Agency, the Department of State under Chief of Mission authority, or interagency mechanisms.
(d) “Special guerrilla unit” means an irregular military or paramilitary unit organized, trained, equipped, or directed by the United States or its designated agents for combat, reconnaissance, interdiction, aviation, or related operational roles.
(e) “Irregular forces” means non-regular military personnel who participated in combat, combat support, aviation, reconnaissance, or intelligence-related missions in support of U.S. government-directed operations during the Vietnam War period.
(f) “Operational base” means a permanent, semi-permanent, or temporary location used to stage, support, or conduct operations, including but not limited to locations in Laos, South Vietnam, Cambodia, North Vietnam, or cross-border areas.
(g) “Chain-of-Honor Certification” means a structured verification method relying on hierarchical attestations by senior allied or United States personnel with direct operational knowledge, supported by basis-of-knowledge statements and subject to audit and revocation.
Subd. 2. Eligibility for Recognition.
An allied service member qualifies as a veteran for purposes of this section if the commissioner determines that the person:
Served honorably as an allied service member during the Vietnam War period and is a citizen of the United States or an alien lawfully admitted for permanent residence, as verified under subdivision 3.
Subd. 3. Verification Standards.
(a) Eligibility under subdivision 2, clause (2), must be established by credible and non-circular evidence demonstrating qualifying service.
(b) Acceptable evidence includes, but is not limited to:
- contemporaneous operational documents, where available;
- affidavits or attestations from senior allied or United States officers with direct operational knowledge;
- Chain-of-Honor Certification demonstrating hierarchical accountability.
(d) Verification standards under this subdivision must be no less rigorous than standards applied to U.S. veterans for comparable state benefits.
Subd. 4. Included Service Categories.
Qualifying allied service includes, but is not limited to:
(1) ground combat and combat support personnel;
(2) reconnaissance, interdiction, and intelligence operations, including MACVSOG-related activities;
(3) aviation personnel, including allied pilots and aircrew (e.g., T-28 pilots);
(4) personnel supporting cross-border and interagency operations conducted under U.S. direction.
Subd. 5. Benefits and Privileges.
An allied service member recognized under this section is eligible for the benefits and privileges available to veterans under sections 171.07, subdivision 15; 197.23; 197.231; 197.236; 197.63; 197.65; and 197.987.
Veterans preference under sections 197.455 and 197.4551 applies only upon verification under subdivision 3.
Subd. 6. Safeguards and Integrity Controls.
(a) The commissioner shall establish procedures for:
- audit and review of determinations;
- revocation of recognition upon a finding of fraud or material misrepresentation;
- periodic reporting to the legislature on determinations made under this section.
Subd. 7. Rulemaking; Advisory Input.
The commissioner may adopt rules to implement this section and may consult historians, veterans, and subject-matter experts with direct operational knowledge of U.S.-directed allied service during the Vietnam War period.