​History, Controversy & Remedy

Hmong Burial and Memorial Benefits in National Cemeteries

History

The Battle for Recognition: 
​Granting Hmong Special Guerilla Unit Veterans Access to VA Benefits

List of Legislation for Hmong Recognition

February 8, 2022
Department of Veteran Affairs, National Cemetery Administration
Notice regarding PL 117-81
This notice provides information about Public Law 117-81, the National Defense Authorization Act (NDAA) for Fiscal Year 2022 (FY22), that is of significance to the Department of Veterans Affairs (VA) National Cemetery Administration (NCA).

February 28, 2022
​National Cemetery Administration 
Facts:  Hmong Burial and Memorial Benefits 
On March 23, 2018, President Donald Trump signed Public Law 115-141 (Consolidated Appropriations Act, 2018), which at Div. J, Title II, Section 251, amended Title 38 United States Code (U.S.C.) Section 2402 to add a new category of persons eligible for interment in Department of Veterans Affairs (VA) national cemeteries.
VA Benefits Eligibility for Hmong Individuals
​The new category of persons eligible under 38 U.S.C. § 2402(a)(10) includes individuals who:
  • died on or after March 23, 2018,
  • resided in the U.S. at the time of death, and
  • were naturalized under Section 2(1) of the Hmong Veterans' Naturalization Act of 2000 ("2000 Act").
The 2000 Act eased certain naturalization requirements for persons who served with special guerrilla units or irregular forces, operating from a base in Laos, in support of the U.S. military, anytime between February 28, 1961 to September 18, 1978; and their spouses and also persons married to an individual who served in special guerilla units or irregular forces who was killed or died in Laos, Thailand, or Vietnam during that time frame.* Naturalization under the 2000 Act was also available for spouses of those who served in SGU/irregular forces and surviving spouses of those who were killed or died in action while serving in SGU/irregular forces. However, section 251 of Public Law 115-141 only amended VA's burial eligibility statute to inter eligible Hmong fighters, not their spouses or surviving spouses.
NOTE:
* During the Vietnam War, special guerilla units and irregular forces in Laos were directed by the Central Intelligence Agency to disrupt North Vietnamese supply lines, rescue downed United States pilots, and protect the Laotian government from falling to the Communist Pathet Lao. Following the war, some of the individuals who served in these units were relocated to the United States as refugees and were provided an expeditious route to citizenship under the Hmong Veterans' Naturalization Act of 2000, P.L. 106-207, as amended by P.L. 106-415, ("2000 Act") (codified at 8 U.S.C. § 1423 note). The 2000 Act applied only to individuals who served in these special guerilla units and their spouses who applied for naturalization between May 26, 2000, and November 26, 2001, and to surviving spouses of individuals who served in these special guerilla units who were killed or died in Laos, Thailand, or Vietnam who applied for naturalization between November 1, 2000, and May 1, 2002.

March 23, 2018
Consolidations Act of 2018.
PL 115-141, Division J, Title II, Section 251
PL 115-141 Division J, Title II, Section 251 amends
​38 U.S.C. § 2402(a)(10)
In 2018, after years of lobbying, PL 115-141, Divison J, Title II, Section 251 made amendments to US 38, section 2402, Paragraph 10,   was amended and included into the Consolidated Appropriations Act of 2018 and passed on March 23, 2028.  This bill included language that recognized and allowed burial of certain allies of the United States in Federal Cemeteries. The intent was to honor with burial privileges to all Hmong soldiers that fought as serrate forces for the United States during the Communist War of Aggression in Southeast Asia, (The Vietnam War). It did not. 

In an attempt to remedy this unfortunate situation a new bill was introduced which only made the matter worse. http://www.cavwv.org/costa-remedy.html
​To date only a small portion of those intended to be honored have gotten that recognition. All others have been omitted.
This is an obvious embarrassment to all Americans, US Veterans and our allies who fought with the US Military defending freedom against communist aggression in Southeast Asia. 

The CAVWV has attempted by drafting language to remedy this miscarriage of honor to Public Law 115-141. After numerous conversations with the initial sponsors of the law, Rep. James Costa & Senator Lisa Murkowski.  
( https://uscode.house.gov/statutes/pl/115/141.pdf ). 
​

Controversy

March 30, 2018
​Controversy & Disputed Facts
The Case for Colonel Insixiegmay Khao and other deserving allies.

Remedy

July 10,2018
​Coalition Remedy to PL 115-141

​Congressman James Costa's remedy

Department of Veteran Affairs Letter regarding the controversy. 

The Coalition of Allied Vietnam War Veterans is a registered 501c3 non profit incorporated in the State of Minnesota