[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[H.R. 7946 Referred in Senate (RFS)]

<DOC>
117th CONGRESS
  2d Session
                                H. R. 7946


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                            December 7, 2022

  Received; read twice and referred to the Committee on the Judiciary

_______________________________________________________________________

                                 AN ACT


 
To provide benefits for noncitizen members of the Armed Forces, and for 
                            other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Veteran Service Recognition Act of 
2022''.

SEC. 2. STUDY AND REPORT ON NONCITIZEN VETERANS REMOVED FROM THE UNITED 
              STATES.

    (a) Study Required.--Not later than 1 year after the date of the 
enactment of this Act, the Secretary of Defense, the Secretary of 
Homeland Security, and the Secretary of Veterans Affairs shall jointly 
carry out a study on noncitizen veterans and noncitizen former members 
of the Armed Forces who were removed from the United States during the 
period beginning on January 1, 1990, and ending on the date of the 
enactment of this Act, which shall include the following:
            (1) The number of noncitizens removed by U.S. Immigration 
        and Customs Enforcement or the Immigration and Naturalization 
        Service during the period covered by the report who served in 
        the Armed Forces for an aggregate period of more than 180 days.
            (2) For each noncitizen described in paragraph (1)--
                    (A) the country of nationality or last habitual 
                residence of the noncitizen;
                    (B) the total length of time the noncitizen served 
                as a member of the Armed Forces;
                    (C) each ground on which the noncitizen was ordered 
                removed under section 237(a) of the Immigration and 
                Nationality Act (8 U.S.C. 1227(a)) or section 212(a) of 
                the Immigration and Nationality Act (8 U.S.C. 1182(a)), 
                as applicable; and
                    (D) whether the noncitizen appealed the removal 
                order to the Board of Immigration Appeals.
            (3) Each of the following enumerations:
                    (A) The number of noncitizens described in 
                paragraph (1) who were discharged or released from 
                service under honorable conditions.
                    (B) The number of noncitizens described in 
                paragraph (1) who were discharged or released from 
                service under other than honorable conditions.
                    (C) The number of noncitizens described in 
                paragraph (1) who were deployed overseas.
                    (D) The number of noncitizens described in 
                paragraph (1) who served on active duty in the Armed 
                Forces in an overseas contingency operation.
                    (E) The number of noncitizens described in 
                paragraph (1) who were awarded decorations or medals.
                    (F) The number of noncitizens described in 
                paragraph (1) who applied for benefits under laws 
                administered by the Secretary of Veterans Affairs.
                    (G) The number of noncitizens described in 
                paragraph (1) who receive benefits described in 
                subparagraph (F).
            (4) A description of the reasons preventing any of the 
        noncitizens who applied for benefits described in paragraph 
        (3)(F) from receiving such benefits.
    (b) Report.--Not later than 90 days after the date of the 
completion of the study required under subsection (a), the Secretary of 
Defense, the Secretary of Homeland Security, and the Secretary of 
Veterans Affairs shall jointly submit a report containing the results 
of such study to the appropriate congressional committees.

SEC. 3. INFORMATION SYSTEM ON VETERANS SUBJECT TO REMOVAL.

    (a) Establishment.--Not later than 180 days after the date of the 
enactment of this Act, the Secretary of Homeland Security shall 
create--
            (1) a protocol for identifying noncitizens who are or may 
        be veterans; and
            (2) a system for maintaining information about noncitizen 
        veterans identified pursuant to the protocol created under 
        paragraph (1) and information provided by the Under Secretary 
        of Defense for Personnel and Readiness under section 4(d).
    (b) Information Sharing.--The system shall be shared across all 
components of the Department of Homeland Security, including 
Enforcement and Removal Operations, the Office of the Principal Legal 
Advisor, Homeland Security Investigations, and the Military Family 
Immigration Advisory Committee.
    (c) Consideration of Veteran Status.--The Secretary of Homeland 
Security shall ensure that, in the case of any noncitizen veteran who 
is potentially removable, and in any removal proceeding against such a 
noncitizen veteran, information available under this system is taken 
into consideration, including for purposes of any adjudication on the 
immigration status of such veteran.
    (d) Use of System Required.--The Secretary of Homeland Security may 
not initiate removal proceedings against an individual prior to using 
the system established under subsection (a) to attempt to determine 
whether the individual is a veteran. If the Secretary of Homeland 
Security determines that such an individual is or may be a veteran, the 
Secretary shall notify the Military Family Immigration Advisory 
Committee concurrently upon initiating removal proceedings against such 
individual.
    (e) Training.--Beginning in the first fiscal year that begins after 
the Secretary of Homeland Security completes the requirements under 
subsection (a), personnel of U.S. Immigration and Customs Enforcement 
shall participate, on an annual basis, in a training on the protocol 
developed under this section.

SEC. 4. MILITARY FAMILY IMMIGRATION ADVISORY COMMITTEE.

    (a) Establishment.--Not later than 180 days after the date of the 
enactment of this Act, the Secretary of Homeland Security shall 
establish an advisory committee, to be known as the ``Military Family 
Immigration Advisory Committee'', to provide recommendations to the 
Secretary of Homeland Security on the exercise of discretion in any 
case involving removal proceedings for--
            (1) a member of the Armed Forces;
            (2) a veteran; or
            (3) a covered family member.
    (b) Membership.--The Advisory Committee shall be composed of 9 
members, appointed by the Secretary of Homeland Security.
    (c) Case Reviews.--
            (1) In general.--Not later than 30 days after the Advisory 
        Committee identifies or is notified about the case of an 
        individual described in subsection (a), the Advisory Committee 
        shall meet to review the case and to provide a written 
        recommendation to the Secretary of Homeland Security on 
        whether--
                    (A) an exercise of discretion is warranted, 
                including--
                            (i) termination of removal proceedings;
                            (ii) parole;
                            (iii) deferred action;
                            (iv) a stay of removal;
                            (v) administrative closure; or
                            (vi) authorization to apply for any other 
                        form of relief; or
                    (B) to continue seeking the removal of such 
                individual.
            (2) Submission of information.--An individual who is the 
        subject of a case review under paragraph (1) may submit 
        information to the Advisory Committee, and the Advisory 
        Committee shall consider such information.
            (3) Procedures.--In conducting each case review under 
        paragraph (1), the Advisory Committee shall consider, as 
        factors weighing in favor of a recommendation under paragraph 
        (1)(A)--
                    (A) with respect to a member of the Armed Forces, 
                whether the individual--
                            (i) was an enlisted member or officer of 
                        the Armed Forces;
                            (ii) received a medal or decoration, was 
                        deployed, or was otherwise evaluated for merit 
                        in service during his or her service in the 
                        Armed Forces;
                            (iii) is a national of a country that 
                        prohibits repatriation of an individual after 
                        any service in the Armed Forces; or
                            (iv) contributed to his or her local 
                        community during his or her service in the 
                        Armed Forces;
                    (B) with respect to a veteran, whether the 
                individual--
                            (i) was an enlisted member or officer of 
                        the Armed Forces;
                            (ii) completed a period of service in the 
                        Armed Forces and was discharged under 
                        conditions other than dishonorable;
                            (iii) received a medal or decoration, was 
                        deployed, or was otherwise evaluated for merit 
                        in service during his or her service in the 
                        Armed Forces;
                            (iv) is a national of a country that 
                        prohibits repatriation of an individual after 
                        any service in the Armed Forces of another 
                        country; or
                            (v) contributed to his or her local 
                        community during or after his or her service in 
                        the Armed Forces; and
                    (C) with respect to a covered family member, 
                whether the individual--
                            (i) supported a member of the Armed Forces 
                        serving on active duty or a veteran, including 
                        through financial support, emotional support, 
                        or caregiving; or
                            (ii) contributed to his or her local 
                        community during or after the military service 
                        of the member or of the veteran.
            (4) Precluding factor.--In conducting each case review 
        under paragraph (1), the Advisory Committee shall consider, as 
        a factor requiring a recommendation under paragraph (1)(B), 
        whether the member of the Armed Forces, veteran, or covered 
        family member has been convicted of 5 offenses for driving 
        while intoxicated (including a conviction under the influence 
        of or impaired by alcohol or drugs), unless the conviction is 
        older than 25 years.
    (d) Briefings on Noncitizen Veterans.--The Under Secretary of 
Defense for Personnel and Readiness shall provide detailed briefings to 
the Advisory Committee regarding the service of a noncitizen veteran 
when that individual's case is being considered by the Advisory 
Committee.
    (e) Briefings on Actions in Response to Recommendations.--Not less 
frequently than quarterly, the Secretary of Homeland Security shall 
provide detailed briefings to the Advisory Committee regarding actions 
taken in response to the recommendations of the Advisory Committee, 
including detailed explanations for any cases in which a recommendation 
of the Advisory Committee was not followed.
    (f) Transfer of Case Files.--For any individual with respect to 
whom the Advisory Committee is conducting a case review under this 
section, the Secretary of Defense and Secretary of Homeland Security 
shall provide to the Advisory Committee a copy of any available record 
pertaining to that individual, including such individual's alien file, 
that is relevant to the case review.
    (g) Limitation on Removal.--Notwithstanding any other provision of 
law, an individual described in subsection (a) may not be ordered 
removed until the Advisory Committee has provided a recommendation with 
respect to that individual to the Secretary of Homeland Security.
    (h) Limitation on Eligibility for Case Review.--An individual who 
is inadmissible based on a conviction of an aggravated felony described 
in subparagraph (A) of section 101(a)(43) of the Immigration and 
Nationality Act (8 U.S.C. 1101(a)(43)) shall be ineligible for a case 
review under this section.

SEC. 5. PROGRAM OF CITIZENSHIP THROUGH MILITARY SERVICE.

    (a) In General.--
            (1) Program established.--The Secretary of Homeland 
        Security, acting through the Director of U.S. Citizenship and 
        Immigration Services, and in coordination with the Secretary of 
        Defense, shall jointly implement a program to ensure that--
                    (A) each eligible noncitizen is afforded the 
                opportunity to file an application for naturalization 
                at any point on or after the first day of service on 
                active duty or first day of service as a member of the 
                Selected Reserve pursuant to section 329 of the 
                Immigration and Nationality Act (8 U.S.C. 1440); and
                    (B) the duly authenticated certification (or any 
                other successor form) required under section 329(b)(3) 
                of the Immigration and Nationality Act (8 U.S.C. 
                1140(b)(3)) is issued to each noncitizen not later than 
                30 days after the individual makes a request for such 
                certification.
            (2) Eligible noncitizen.--For purposes of this subsection, 
        the term ``eligible noncitizen'' means a noncitizen who serves 
        or has served in the Armed Forces of the United States during 
        any period that the President by Executive order designates as 
        a period during which the Armed Forces of the United States are 
        or were engaged in military operations involving armed conflict 
        with a hostile foreign force.
    (b) JAG Training.--The Secretary of Defense shall ensure that 
appropriate members of the Judge Advocate General Corps of each Armed 
Force receive training to function as liaisons with U.S. Citizenship 
and Immigration Services with respect to applications for citizenship 
of noncitizen members of the Armed Forces.
    (c) Training for Recruiters.--The Secretary of Defense shall ensure 
that all recruiters in the Armed Forces receive training regarding--
            (1) the steps required for a noncitizen member of the Armed 
        Forces to receive citizenship;
            (2) limitations on the path to citizenship for family 
        members of such individuals; and
            (3) points of contact at the Department of Homeland 
        Security to resolve emergency immigration-related situations 
        with respect to such individuals and their family members.
    (d) Annual Reports.--The Secretary of each military department 
shall annually submit to the appropriate congressional committees a 
report on the number of all noncitizens who enlisted or were appointed 
in the military department concerned, all members of the Armed Forces 
in their department who naturalized, and all members of the Armed 
Forces in their department who were discharged or released without 
United States citizenship under the jurisdiction of such Secretary 
during the preceding year.
    (e) Further Facilitation Naturalization for Military Personnel in 
Contingency Operations.--Any person who has served honorably as a 
member of the Armed Forces of the United States in support of a 
contingency operation (as defined in section 101(a)(13) of title 10, 
United States Code), and who, if separated from the Armed Forces, was 
separated under honorable conditions, may be naturalized as provided in 
section 329 of the Immigration and Nationality Act (8 U.S.C. 1440) as 
though the person had served during a period designated by the 
President under such section.
    (f) Naturalization Through Service in the Armed Forces of the 
United States.--Section 328 of the Immigration and Nationality Act (8 
U.S.C. 1439) is amended--
            (1) in subsection (a), by striking ``six months'' and 
        inserting ``one year''; and
            (2) in subsection (d), by striking ``six months'' and 
        inserting ``one year''.

SEC. 6. INFORMATION FOR MILITARY RECRUITS REGARDING NATURALIZATION 
              THROUGH SERVICE IN THE ARMED FORCES.

    The Secretary of Defense, in coordination with the Secretary of 
Homeland Security, shall ensure that there is stationed or employed at 
each Military Entrance Processing Station--
            (1) an employee of U.S. Citizenship and Immigration 
        Services; or
            (2) in the case that the Secretary determines that it is 
        impracticable to station or employ a person described in 
        paragraph (1) at a Military Entrance Processing Station, a 
        member of the Armed Forces or an employee of the Department of 
        Defense--
                    (A) whom the Secretary determines is trained in the 
                immigration laws; and
                    (B) who shall inform each military recruit who is 
                not a citizen of the United States processed at such 
                Military Entrance Processing Station regarding 
                naturalization through service in the Armed Forces 
                under sections 328 and 329 of the Immigration and 
                Nationality Act (8 U.S.C. 1439-1440).

SEC. 7. RETURN OF ELIGIBLE VETERANS REMOVED FROM THE UNITED STATES; 
              ADJUSTMENT OF STATUS.

    (a) Eligible Veterans.--In the case of a noncitizen who has been 
issued a final order of removal, the Secretary of Homeland Security, 
may, notwithstanding such order of removal, adjust that noncitizen's 
status to that of an alien lawfully admitted for permanent residence, 
or admit such noncitizen for lawful permanent residence if the 
Secretary determines that such noncitizen is a veteran and, consistent 
with subsection (b), is not inadmissible.
    (b) Waiver.--
            (1) Authority.--In the case of a noncitizen veteran 
        described in subsection (a), the Secretary of Homeland Security 
        may waive any applicable ground of inadmissibility under 
        section 212(a) of the Immigration and Nationality Act (8 U.S.C. 
        1182(a)) (other than paragraphs (3) and (2)(H) of such section 
        212(a), a finding of inadmissibility under paragraph (2)(A) 
        based on a conviction of an aggravated felony described in 
        subparagraph (A), (I), or (K) of section 101(a)(43) (8 U.S.C. 
        1101(a)(43)), or 5 convictions for driving while intoxicated 
        (including a conviction for driving while under the influence 
        of or imparied by alcohol or drugs) unless the conviction is 
        older than 25 years, if the Secretary determines that it is in 
        the public interest.
            (2) Public interest considerations.--In determining whether 
        a waiver described in paragraph (1) is in the public interest, 
        the Secretary of Homeland Security shall consider factors 
        including the noncitizen's service in the Armed Forces, and the 
        recency and severity of any offense or conduct that forms the 
        basis of a finding of inadmissibility under section 212(a) of 
        the Immigration and Nationality Act (8 U.S.C. 1182(a)).
    (c) Procedures.--Not later than 180 days after the date of the 
enactment of this Act, the Secretary of Homeland Security shall, by 
rule, establish procedures to carry out this section.
    (d) No Numerical Limitations.--Individuals who are granted lawful 
permanent residence under this section shall not be subject to the 
numerical limitations under section 201, 202, or 203 of the Immigration 
and Nationality Act (8 U.S.C. 1151, 1152, or 1153).
    (e) Clarification.--If a noncitizen veteran's status is adjusted 
under this section to that of an alien lawfully admitted for permanent 
residence, or if such noncitizen is lawfully admitted for permanent 
residence, such adjustment or admission shall create a presumption that 
the noncitizen has established good moral character under paragraphs 
(1) through (8) of section 101(f) of the Immigration and Nationality 
Act (8 U.S.C. 1101(f)).
    (f) Limitation on Removal.--
            (1) In general.--A noncitizen who appears to be prima facie 
        eligible for lawful permanent resident status under this 
        section shall be given a reasonable opportunity to apply for 
        such status. Such noncitizen shall not be removed from the 
        United States until a final administrative decision 
        establishing ineligibility for such status is rendered.
            (2) Effect of final order.--A noncitizen present in the 
        United States who has been ordered removed or has been 
        permitted to depart voluntarily from the United States may, 
        notwithstanding such order or permission to depart, apply for 
        lawful permanent resident status under this section. Such 
        noncitizen shall not be required to file a separate motion to 
        reopen, reconsider, or vacate the order of removal. If the 
        Secretary of Homeland Security approves the application, the 
        Secretary shall notify the Attorney General of such approval, 
        and the Attorney General shall cancel the order of removal. If 
        the Secretary renders a final administrative decision to deny 
        the application, the order of removal or permission to depart 
        shall be effective and enforceable to the same extent as if the 
        application had not been made, only after all available 
        administrative and judicial remedies have been exhausted.

SEC. 8. ADJUSTMENT OF STATUS FOR CERTAIN IMMEDIATE RELATIVES OF UNITED 
              STATES CITIZEN SERVICE MEMBERS OR VETERANS.

    (a) In General.--For purposes of an application for adjustment of 
status pursuant to an approved petition for classification under 
section 204(a)(1)(A) of the Immigration and Nationality Act (8 U.S.C. 
1154(a)(1)(A)), an alien described in subsection (b)--
            (1) is be deemed to have been inspected and admitted into 
        the United States; and
            (2) shall not be subject to paragraphs (6)(A), (6)(C), 
        (7)(A), and (9) of section 212(a) of such Act (8 U.S.C. 
        1182(a)).
    (b) Alien Described.--An alien is described in subsection (a) if 
the alien is the beneficiary of an approved petition for classification 
under section 204(a)(1)(A) of the Immigration and Nationality Act (8 
U.S.C. 1154(a)(1)(A)) as an immediate relative (as defined in section 
201(b)(2)(A)(i) of such Act (8 U.S.C. 1151(b)(2)(A)(i))) of a citizen 
of the United States who--
            (1) served, for a minimum of 2 years, on active duty in the 
        Armed Forces or in a reserve component of the United States 
        Armed Forces; and
            (2) if discharged or released from service in the Armed 
        Forces, was discharged or released under honorable conditions.

SEC. 9. DEFINITIONS.

    In this Act:
            (1) Advisory committee.--The term ``Advisory Committee'' 
        means the Military Family Immigration Advisory Committee 
        established pursuant to section 4.
            (2) Appropriate congressional committees.--The term 
        ``appropriate congressional committees'' means--
                    (A) the Committee on Armed Services of the Senate;
                    (B) the Committee on Homeland Security and 
                Governmental Affairs of the Senate;
                    (C) the Committee on the Judiciary of the Senate;
                    (D) the Committee on Veterans' Affairs of the 
                Senate;
                    (E) the Committee on Armed Services of the House of 
                Representatives;
                    (F) the Committee on Homeland Security of the House 
                of Representatives;
                    (G) the Committee on the Judiciary of the House of 
                Representatives; and
                    (H) the Committee on Veterans' Affairs of the House 
                of Representatives.
            (3) Armed forces.--The term ``Armed Forces'' has the 
        meaning given the term ``armed forces'' in section 101 of title 
        10, United States Code.
            (4) Covered family member.--The term ``covered family 
        member'' means the noncitizen spouse or noncitizen child of--
                    (A) a member of the Armed Forces; or
                    (B) a veteran.
            (5) Immigration laws.--The term ``immigration laws'' has 
        the meaning given that term in section 101 of the Immigration 
        and Nationality Act (8 U.S.C. 1101).
            (6) Noncitizen.--The term ``noncitizen'' means an 
        individual who is not a citizen or national of the United 
        States (as defined in section 101(a) of the Immigration and 
        Nationality Act (8 U.S.C. 1101(a))).
            (7) Veteran.--The term ``veteran'' has the meaning given 
        such term in section 101 of title 38, United States Code.

SEC. 10. REGULATIONS.

    Not later than 90 days after the date of the enactment of this Act, 
the Secretary of Homeland shall promulgate regulations to implement 
this Act.

            Passed the House of Representatives December 6, 2022.

            Attest:

                                             CHERYL L. JOHNSON,

                                                                 Clerk.