[Congressional Record Volume 169, Number 120 (Thursday, July 13, 2023)]
[Senate]
[Pages S2528-S2529]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

  SA 339. Ms. DUCKWORTH submitted an amendment intended to be proposed 
by her to the bill S. 2226, to authorize appropriations for fiscal year 
2024 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 G of title X, add the following:

     SEC. 1083. ENLISTMENT OF CERTAIN ALIENS AND CLARIFICATION OF 
                   NATURALIZATION PROCESS FOR SUCH ALIEN 
                   ENLISTEES.

       (a) Definitions.--In this section:
       (1) In general.--Except as otherwise specifically provided, 
     any term used in this section that is used in the immigration 
     laws shall have the meaning given such term in the 
     immigration laws.
       (2) Armed forces.--The term ``Armed Forces'' has the 
     meaning given the term ``armed forces'' in section 101 of 
     title 10, United States Code.
       (3) Immigration laws.--The term ``immigration laws'' has 
     the meaning given such term in section 101(a)(17) of the 
     Immigration and Nationality Act (8 U.S.C. 1101(a)(17)).
       (4) Military department.--The term ``military department'' 
     has the meaning given such term in section 101 of title 10, 
     United States Code.
       (5) Secretary concerned.--The term ``Secretary concerned'' 
     has the meaning given such term in section 101 of title 10, 
     United States Code.
       (b) Enlistment in the Armed Forces for Certain Aliens.--
     Subsection (b)(1) of section 504 of title 10, United States 
     Code, is amended by adding at the end the following:
       ``(D)(i) An alien who--
       ``(I) subject to clause (ii), has been continuously 
     physically present in the United States for five years;
       ``(II) has completed, to the satisfaction of the Secretary 
     of Defense or the Secretary concerned, the same security or 
     suitability vetting processes as are required of qualified 
     individuals seeking enlistment in an armed force;
       ``(III) meets all other standards set forth for enlistment 
     in an armed force as are required of qualified individuals; 
     and
       ``(IV)(aa) has received a grant of deferred action pursuant 
     to the Deferred Action for Childhood Arrivals policy of the 
     Department of Homeland Security, or successor policy, 
     regardless of whether a court order terminates such policy;
       ``(bb) has been granted temporary protected status under 
     section 244 of the Immigration and Nationality Act (8 U.S.C. 
     1254a); or
       ``(cc) is the beneficiary of an approved petition for an 
     immigrant visa, but has been unable to adjust status to that 
     of an alien lawfully admitted for permanent residence 
     pursuant to section 245 of the Immigration and Nationality 
     Act (8 U.S.C. 1255) because a visa number has not become 
     available or the beneficiary turned 21 years of age prior to 
     a visa becoming available.
       ``(ii) An alien described in clause (i) who has departed 
     the United States during the five-year period referred to in 
     subclause (I) of that clause shall be eligible to enlist if 
     the absence of the alien was pursuant to advance approval of 
     travel by the Secretary of Homeland Security and within the 
     scope of such travel authorization.''.
       (c) Stay of Removal Proceedings.--Section 237 of the 
     Immigration and Nationality Act (8 U.S.C. 1227) is amended by 
     adding at the end the following:
       ``(e) If an alien described in section 504(b)(1)(D) of 
     title 10, United States Code, who is subject to a ground of 
     removability has served honorably in the Armed Forces, and if 
     separated from such service, was never separated except under 
     honorable conditions, the Secretary of Homeland Security 
     shall grant such alien an administrative stay of removal 
     under section 241(c)(2) until the earlier of--
       ``(1) the date on which the head of the military department 
     (as defined in section 101 of title 10, United States Code) 
     under which the alien served determines that the alien did 
     not served honorably in active-duty status, and if separated 
     from such service, that such separation was not under 
     honorable conditions as required by sections 328 and 329; or
       ``(2) the date on which the alien's application for 
     naturalization under section 328 or 329 has been denied or 
     revoked and all administrative appeals have been 
     exhausted.''.
       (d) Timely Determination by the Secretary of Defense.--Not 
     later than 90 days after receiving a request by an alien who 
     has enlisted in the Armed Forces pursuant to section 
     504(b)(1)(D) of title 10, United States Code, for a 
     certification of service in the Armed Forces, the head of the 
     military department under which the alien served shall issue 
     a determination certifying whether the alien has served 
     honorably in an active-duty status, and whether separation 
     from such service was under honorable conditions as required 
     by sections 328 and 329 of the Immigration and Nationality 
     Act (8 U.S.C. 1439, 1440), unless the head of the military 
     department concerned requires additional time to vet national 
     security or counter-intelligence concerns.
       (e) Medical Exception.--An alien who otherwise meets the 
     qualifications for enlistment under section 504(b)(1)(D) of 
     title 10, United States Code, but who, after reporting for 
     initial entry training, has not successfully completed such 
     training primarily for medical reasons shall be considered to 
     have separated from service in the Armed Forces under 
     honorable conditions for purposes of sections 328 and 329 of 
     the Immigration and Nationality Act (8 U.S.C. 1439, 1440), if 
     such medical reasons are certified by the head of the 
     military department under which the individual so served.
       (f) Good Moral Character.--In determining whether an alien 
     who has enlisted in the Armed Forces pursuant to section

[[Page S2529]]

     504(b)(1)(D) of title 10, United States Code, has good moral 
     character for purposes of section 101(f) of the Immigration 
     and Nationality Act (8 U.S.C. 1101(f)), the Secretary of 
     Homeland Security--
       (1) shall consider the alien's honorable service in the 
     Armed Forces; and
       (2) may make a finding of good moral character 
     notwithstanding--
       (A)(i) any single misdemeanor offense, if the alien has not 
     been convicted of any offense during the 5-year period 
     preceding the date on which the alien applies for 
     naturalization; or
       (ii) not more than 2 misdemeanor offenses, if the alien has 
     not been convicted of any offense during the 10-year period 
     preceding the date on which the alien applies for 
     naturalization.
       (g) Confidentiality of Information.--
       (1) In general.--The Secretary of Homeland Security or the 
     Secretary of Defense may not disclose or use for purposes of 
     immigration enforcement information provided in--
       (A) documentation filed under this section or an amendment 
     made by this section; or
       (B) enlistment applications filed, or inquiries made, under 
     section 504(b)(1)(D) of title 10, United States Code.
       (2) Treatment of records.--
       (A) In general.--Documentation filed under this section or 
     an amendment made by this section--
       (i) shall be collected pursuant to section 552a of title 5, 
     United States Code (commonly known as the ``Privacy Act of 
     1974''); and
       (ii) may not be disclosed under subsection (b)(7) of that 
     section for purposes of immigration enforcement.
       (B) Destruction.--In the case of an alien who attempts to 
     enlist under section 504(b)(1)(D) of title 10, United States 
     Code, but does not successfully do so (except in the case of 
     an alien described in subsection (e)), the Secretary of 
     Homeland Security and the Secretary of Defense shall destroy 
     information provided in documentation filed under this 
     section or an amendment made by this section not later than 
     60 days after the date on which the alien concerned is denied 
     enlistment or fails to complete basic training, as 
     applicable.
       (3) Referrals prohibited.--The Secretary of Homeland 
     Security or the Secretary of Defense (or any designee of the 
     Secretary of Homeland Security or the Secretary of Defense), 
     based solely on information provided in an application for 
     naturalization submitted by an alien who has enlisted in the 
     Armed Forces under section 504(b)(1)(D) of title 10, United 
     States Code, or an enlistment application filed or an inquiry 
     made under that section, may not refer the individual 
     concerned to U.S. Immigration and Customs Enforcement or U.S. 
     Customs and Border Protection.
       (4) Limited exception.--Notwithstanding paragraphs (1) 
     through (3), information provided in an application for 
     naturalization submitted by an individual who has enlisted in 
     the Armed Forces under section 504(b)(1)(D) of title 10, 
     United States Code, may be shared with Federal security and 
     law enforcement agencies--
       (A) for assistance in the consideration of an application 
     for naturalization;
       (B) to identify or prevent fraudulent claims;
       (C) for national security purposes pursuant to section 6611 
     of the National Defense Authorization Act for Fiscal Year 
     2020 (50 U.S.C. 3352f); or
       (D) for the investigation or prosecution of any Federal 
     crime, except any offense, other than a fraud or false 
     statement offense, that is--
       (i) related to immigration status; or
       (ii) a petty offense (as defined in section 19 of title 18, 
     United States Code).
       (5) Penalty.--Any person who knowingly and willfully uses, 
     publishes, or examines, or permits such use, publication, or 
     examination of, any information produced or provided by, or 
     collected from, any source or person under this section or an 
     amendment made by this section, and in violation of this 
     subsection, shall be guilty of a misdemeanor and fined not 
     more than $5,000.
       (h) Rule of Construction.--Nothing in this section or an 
     amendment made by this section may be construed to modify--
       (1) except as otherwise specifically provided in this 
     section, the process prescribed by sections 328 and 329A of 
     the Immigration and Nationality Act ( 8 U.S.C. 1439, 1440-1) 
     by which a person may naturalize, or be granted posthumous 
     United States citizenship, through service in the Armed 
     Forces; or
       (2) the qualifications for original enlistment in any 
     component of the Armed Forces otherwise prescribed by law or 
     the Secretary of Defense.
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