[Congressional Record Volume 162, Number 84 (Thursday, May 26, 2016)]
[Senate]
[Pages S3311-S3312]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
SA 4262. Mr. KIRK submitted an amendment intended to be proposed by
him to the bill S. 2943, to authorize appropriations for fiscal year
2017 for military activities of the Department of Defense, for military
construction, and for defense activities of the Department of Energy,
to prescribe military personnel strengths for such fiscal year, and for
other purposes; which was ordered to lie on the table; as follows:
At the end of subtitle C of title V, add the following:
SEC. 538. QUALIFICATIONS FOR ENLISTMENT IN THE ARMED FORCES.
(a) Additional Qualified Persons.--Paragraph (1) of
subsection (b) of section 504 of title 10, United States
Code, is amended--
(1) by redesignating subparagraph (C) as subparagraph (E);
and
(2) by inserting after subparagraph (B) the following new
subparagraphs:
``(C) A person who, at the time of enlistment in an armed
force, has resided continuously in a lawful status in the
United States for at least two years.
``(D) A person who, at the time of enlistment in an armed
force, possesses an employment authorization document issued
by United States Citizenship and Immigration Services under
the requirements of the Department of Homeland Security
policy entitled `Deferred Action for Childhood Arrivals'
(DACA).''.
(b) Admission to Permanent Residence of Certain
Enlistees.--Such section is further amended by adding at the
end the following new subsection:
``(c) Admission to Permanent Residence of Certain
Enlistees.--(1) A person described in subsection (b) who, at
the time of enlistment in an armed force, is not a citizen or
other national of the United States or lawfully admitted for
permanent residence shall be adjusted to the status of an
alien lawfully admitted for permanent residence under the
provisions of section 249 of the Immigration and Nationality
Act (8 U.S.C. 1259), except that the alien need not--
``(A) establish that he or she entered the United States
prior to January 1, 1972; and
``(B) comply with section 212(e) of such Act (8 U.S.C.
1182(e)).
``(2) The Secretary of Homeland Security shall rescind the
lawful permanent resident status of a person whose status was
adjusted under paragraph (1) if the person is separated from
the armed forces under other than honorable conditions before
the person served for a period or periods aggregating five
years. Such grounds for rescission are in addition to any
other provided by law. The fact that the person was separated
from the armed forces under other than honorable conditions
shall be proved by a duly authenticated certification from
the armed force in which the person last served. The service
of the person in the armed forces shall be proved by duly
authenticated copies of the service records of the person.
``(3) Nothing in this subsection shall be construed to
alter the process prescribed by sections 328, 329, and 329A
of the Immigration and Nationality Act (8 U.S.C. 1439, 1440,
1440-1) by which a person may naturalize through service in
the armed forces.''.
(c) Clerical Amendments.--
(1) Section heading.--The heading of such section is
amended to read as follows:
``Sec. 504. Persons not qualified; citizenship or residency
requirements; exceptions''.
(2) Table of sections.--The table of sections at the
beginning of chapter 31 of such
[[Page S3312]]
title is amended by striking the item relating to section 504
and inserting the following new item:
``504. Persons not qualified; citizenship or residency requirements;
exceptions.''.
SEC. 539. TREATMENT OF CERTAIN PERSONS AS HAVING SATISFIED
ENGLISH AND CIVICS, GOOD MORAL CHARACTER, AND
HONORABLE SERVICE AND DISCHARGE REQUIREMENTS
FOR NATURALIZATION.
(a) Immigration and Nationality Act.--The Immigration and
Nationality Act (8 U.S.C. 1101 et seq.) is amended by
inserting after section 329A (8 U.S.C. 1440-1) the following:
``SEC. 329B. PERSONS WHO HAVE RECEIVED AN AWARD FOR
ENGAGEMENT IN ACTIVE COMBAT OR ACTIVE
PARTICIPATION IN COMBAT.
``(a) In General.--
``(1) In general.--For purposes of naturalization and
continuing citizenship under the following provisions of law,
a person who has received an award described in subsection
(b) shall be treated--
``(A) as having satisfied the requirements under sections
312(a) and 316(a)(3), and subsections (b)(3), (c), and (e) of
section 328; and
``(B) except as provided in paragraph (2), under sections
328 and 329--
``(i) as having served honorably in the Armed Forces for
(in the case of section 328) a period or periods aggregating
1 year; and
``(ii) if separated from such service, as having been
separated under honorable conditions.
``(2) Revocation.--Notwithstanding paragraph (1)(B), any
person who separated from the Armed Forces under other than
honorable conditions may be subject to revocation of
citizenship under section 328(f) or 329(c) if the other
requirements under such section are met.
``(b) Application.--This section shall apply with respect
to the following awards from the Armed Forces of the United
States:
``(1) The Combat Infantryman Badge from the Army.
``(2) The Combat Medical Badge from the Army.
``(3) The Combat Action Badge from the Army.
``(4) The Combat Action Ribbon from the Navy, the Marine
Corps, or the Coast Guard.
``(5) The Air Force Combat Action Medal.
``(6) Any other award that the Secretary of Defense
determines to be an equivalent award for engagement in active
combat or active participation in combat.''.
(b) Clerical Amendment.--The table of contents of such Act
(8 U.S.C. 1101 et seq.) is amended by inserting after the
item relating to section 329A the following:
``Sec. 329B. Persons who have received an award for engagement in
active combat or active participation in combat.''.
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