[Congressional Record Volume 170, Number 24 (Friday, February 9, 2024)]
[Senate]
[Pages S795-S798]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

  SA 1575. Mr. PADILLA submitted an amendment intended to be proposed 
to amendment SA 1388 proposed by Mrs. Murray (for herself and Mr. 
Schumer) to the bill H.R. 815, to amend title 38, United States Code, 
to make certain improvements relating to the eligibility of veterans to 
receive reimbursement for emergency treatment furnished through the 
Veterans Community Care program, and for other purposes; which was 
ordered to lie on the table; as follows:

        At the end, add the following:

       DIVISION C--VETERAN DEPORTATION PREVENTION AND REFORM ACT

     SEC. 4001. SHORT TITLE.

       This division may be cited as the ``Veteran Deportation 
     Prevention and Reform Act''.

     SEC. 4002. SENSE OF CONGRESS.

       It is the sense of Congress that--
       (1) military service to the United States is a sacrifice 
     that demonstrates loyalty to our Nation;
       (2) a noncitizen who takes an oath of enlistment or an oath 
     of office to join the United States Armed Forces, by 
     promising to support and defend the Constitution of the 
     United States against all enemies, foreign and domestic, 
     deserves facilitated access to naturalization;
       (3) each noncitizen described in paragraph (2) and his or 
     her immediate family members deserve consideration for the 
     exercise of prosecutorial discretion in immigration removal 
     proceedings; and
       (4) a noncitizen veteran who is deported after 
     consideration under this division should be provided the same 
     veterans' benefits to which a similarly situated United 
     States citizen veteran would be entitled.

     SEC. 4003. DEFINITIONS.

       In this division:
       (1) Advisory committee.--The term ``Advisory Committee'' 
     means the Military Family Immigration Advisory Committee 
     established pursuant to section 4008.
       (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(a)(4) 
     of title 10, United States Code, and includes the reserve 
     components of the Armed Forces.
       (4) Advisory committee.--The term ``Advisory Committee'' 
     means the Military Family Immigration Advisory Committee 
     established pursuant to section 4008.
       (5) Covered family member.--The term ``covered family 
     member'' means the noncitizen spouse, noncitizen parent, or 
     noncitizen minor child of--
       (A) a member of the Armed Forces serving on active duty or 
     in a reserve component; or
       (B) a veteran.
       (6) Crime of violence.--The term ``crime of violence'' 
     means an offense defined in section 16(a) of title 18, United 
     States Code--
       (A) that is not a purely political offense; and
       (B) for which a noncitizen has served a term of 
     imprisonment of at least 5 years.
       (7) Eligible veteran.--
       (A) In general.--The term ``eligible veteran'' means a 
     veteran who--
       (i) is a noncitizen; and
       (ii) meets the criteria described in section 4012(e).
       (B) Inclusion.--The term ``eligible veteran'' includes a 
     veteran who--
       (i) was removed from the United States; or
       (ii) is abroad and is inadmissible under section 212(a) of 
     the Immigration and Nationality Act (8 U.S.C. 1182(a)).
       (8) Immigration laws.--The term ``immigration laws'' has 
     the meaning given such term in section 101 of the Immigration 
     and Nationality Act (8 U.S.C. 1101).
       (9) 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))).
       (10) Veteran.--The term ``veteran'' means a person who 
     served as a member of the Armed Forces on active duty or in a 
     reserve component and who was discharged or released from 
     such service under conditions other than dishonorable.

     SEC. 4004. IDENTIFICATION OF MEMBERS OF THE ARMED FORCES, 
                   VETERANS, AND COVERED FAMILY MEMBERS IN REMOVAL 
                   PROCEEDINGS.

       (a) In General.--No Federal agency may initiate removal 
     proceedings or reinstatement of a removal order without first 
     asking the individual, and recording the answer in a 
     searchable electronic database, whether such individual is--
       (1) a member of the Armed Forces serving on active duty or 
     in a reserve component;
       (2) a veteran; or
       (3) a covered family member.
       (b) Transfer of Case Files.--The Director of U.S. 
     Immigration and Customs Enforcement, the Director of U.S. 
     Citizenship and Immigration Services, and the Commissioner

[[Page S796]]

     of U.S. Customs and Border Patrol, as applicable, shall 
     transfer a copy of the complete case file of any individual 
     identified under subsection (a), immediately after such 
     identification, to the Advisory Committee.
       (c) Limitation on Removal.--Notwithstanding any other 
     provision of law, an individual described in subsection (a) 
     may not be ordered removed or removed until the Military 
     Family Immigration Advisory Committee has provided 
     recommendations with respect to such individual to the 
     Secretary of Homeland Security and to the Attorney General in 
     accordance with section 4008.
       (d) Prohibition of Detention During Advisory Committee 
     Review.--Notwithstanding any other provision of law, no 
     individual described in paragraph (1), (2), or (3) of 
     subsection (a) may be detained by the Department of Homeland 
     Security while the Advisory Committee is reviewing his or her 
     case unless such individual poses a danger to public safety 
     or national security.

     SEC. 4005. 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 of noncitizen 
     veterans 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--
       (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 on 
     active duty in the Armed Forces or in a reserve component of 
     the Armed Forces;
       (2) for each noncitizen described in paragraph (1)--
       (A) the country of origin of the noncitizen;
       (B) the length of time the noncitizen served as a member of 
     the Armed Forces;
       (C) the number of covered family members of the noncitizen, 
     as applicable;
       (D) the grounds for removal under section 212(a) or 237(a) 
     of the Immigration and Nationality Act (8 U.S.C. 1182(a) and 
     1227(a)), as applicable;
       (E) whether the noncitizen appealed the removal order;
       (F) whether the noncitizen was detained; and
       (G) whether the noncitizen was represented by a lawyer;
       (3) the number of noncitizens described in paragraph (1) 
     who--
       (A) were discharged or released from service under 
     honorable conditions;
       (B) were deployed overseas;
       (C) served on active duty in the Armed Forces in an 
     overseas contingency operation;
       (D) were awarded military decorations, campaign medals, or 
     service medals;
       (E) applied for benefits under laws administered by the 
     Secretary of Veterans Affairs; or
       (F) are receiving benefits described in subparagraph (E);
       (4) a description of the reasons preventing any of the 
     noncitizens who applied for benefits described in paragraph 
     (3)(E) from receiving such benefits;
       (5) the number of noncitizens who--
       (A) currently serve or previously served as a member of the 
     Armed Forces; and
       (B) are currently in removal proceedings; and
       (6) for each noncitizen described in paragraph (5), the 
     grounds for inadmissibility or deportability under section 
     212(a) or 237(a) of the Immigration and Nationality Act (8 
     U.S.C. 1182(a) and 1227(a)), as applicable.
       (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. 4006. INFORMATION REGARDING VETERANS SUBJECT TO REMOVAL 
                   PROCEEDINGS.

       (a) In General.--Not later than 1 year after the date of 
     the enactment of this Act, the Secretary of Homeland Security 
     shall create a system to maintain information, that is shared 
     across the Department of Homeland Security (including 
     Enforcement and Removal Operations, the Office of the 
     Principal Legal Advisor, and Homeland Security 
     Investigations), regarding potentially removable noncitizen 
     veterans (including the names and last known addresses of 
     such individuals) and removal proceedings with respect to any 
     such individual, for the purpose of ensuring that service in 
     the Armed Forces of any such individual is taken into 
     consideration during any adjudication under the immigration 
     laws with respect to such individual, including--
       (1) information collected pursuant to the protocol 
     established under section 4007(a);
       (2) information regarding the covered family members of the 
     noncitizens described in section 4007(a)(1); and
       (3) information provided by the Secretary of Defense 
     pursuant subsection (b).
       (b) Provision of Information by Department of Defense.--Not 
     later than 30 days after a noncitizen veteran is honorably 
     discharged from the Armed Forces, the Secretary of Defense 
     shall provide to the Secretary of Homeland Security a copy of 
     the Certificate of Release or Discharge from Active Duty 
     form, or other discharge documents from a Reserve Component, 
     for inclusion in the system established pursuant to 
     subsection (a).
       (c) Confidentiality.--Information collected under this 
     section or under section 4007 may not be disclosed for 
     purposes of immigration enforcement.

     SEC. 4007. PROTOCOL FOR IDENTIFYING NONCITIZEN VETERANS.

       (a) In General.--Not later than the last day of the first 
     fiscal year beginning after the date of the enactment of this 
     Act, the Secretary of Homeland Security shall establish--
       (1) a protocol, which shall be known as the ``Immigrant 
     Veterans Eligibility Tracking System'' or ``I-VETS'', for--
       (A) identifying noncitizens who are or may be veterans and 
     the covered family members of such veterans; and
       (B) collecting and maintaining data, for use by U.S. 
     Immigration and Customs Enforcement, with respect to such 
     veterans and covered family members who are--
       (i) are in removal proceedings; or
       (ii) have been removed;
       (2) best practices with respect to addressing issues 
     related to the removal of any noncitizen or covered family 
     member described in paragraph (1); and
       (3) an annual training program with respect to the protocol 
     and best practices established under paragraphs (1) and (2).
       (b) 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 and U.S. Citizenship and 
     Immigration Services shall annually participate in the 
     training program on the protocol and best practices developed 
     pursuant to subsection (a).

     SEC. 4008. MILITARY FAMILY IMMIGRATION ADVISORY COMMITTEE.

       (a) Establishment.--The Secretary of Homeland Security, in 
     consultation with the Secretary of Defense and in cooperation 
     with the Secretary of the Army, the Secretary of the Navy, 
     the Secretary of the Air Force, and the Commandant of the 
     Coast Guard, shall establish the Military Family Immigration 
     Advisory Committee to provide recommendations to the 
     Secretary of Homeland Security and the Attorney General 
     regarding the exercise of prosecutorial discretion in cases 
     involving removal proceedings of individuals described in 
     section 4004(a).
       (b) Membership.--The Advisory Committee shall be composed 
     of the following officers of the Armed Forces:
       (1) The Deputy Commanding General of Army Human Resources 
     Command, or designee.
       (2) The Judge Advocate of the Army, or designee.
       (3) The Deputy Commander of Navy Personnel Command, or 
     designee.
       (4) The Judge Advocate of the Navy, or designee.
       (5) The Vice Chief of Staff of the Air Force.
       (6) The Judge Advocate of the Air Force, or designee.
       (7) The Deputy Commandant for Mission Support of the Coast 
     Guard.
       (8) The Judge Advocate of the Coast Guard, or designee.
       (9) The Deputy Commandant of Manpower and Reserve Affairs 
     of the Marine Corps, or designee.
       (10) The Chief of Space Operations.
       (c) Case Reviews.--
       (1) In general.--Not later than 30 days after the Director 
     of U.S. Immigration and Customs Enforcement notifies the 
     Advisory Committee of an individual described in section 
     4004(a), the Advisory Committee shall meet to review the case 
     and to provide a written recommendation to the Secretary of 
     Homeland Security and to such individual regarding whether 
     the individual--
       (A) notwithstanding the grounds for removal asserted by 
     U.S. Immigration and Customs Enforcement, should be granted--
       (i) a dismissal or termination of removal procedures;
       (ii) a stay of removal or cancellation of removal and 
     allowed to apply for asylum;
       (iii) an adjustment of status to that of an alien lawfully 
     admitted for permanent residence;
       (iv) deferred action;
       (v) parole; or
       (vi) other applicable immigration relief; or
       (B) should be removed from the United States.
       (2) Submission of information.--An individual who is the 
     subject of a case review under paragraph (1) may submit 
     information to the Advisory Committee, which shall be 
     considered by the Advisory Committee before making a 
     recommendation pursuant to paragraph (1).
       (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 serving on 
     active duty or in a reserve component, whether the 
     individual--
       (i) took an oath of enlistment or an oath of office;
       (ii) received military decorations, campaign medals, or 
     service medals, 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;

[[Page S797]]

       (iv) contributed to his or her local community during his 
     or her service in the Armed Forces; and
       (v) is a national of a country that--

       (I) persecutes members or veterans of the United States 
     military;
       (II) is home to criminal organizations that target and 
     recruit veterans of the United States military; or
       (III) has hostile relations with the United States; or

       (B) with respect to a veteran, whether the individual--
       (i) took an oath of enlistment or an oath of office;
       (ii) completed a term of service in the Armed Forces and 
     was discharged under conditions other than dishonorable;
       (iii) received military decorations, campaign medals, or 
     service medals, 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;
       (v) contributed to his or her local community during or 
     after his or her service in the Armed Forces; or
       (vi) is a national of a country that--

       (I) persecutes members or veterans of the United States 
     military;
       (II) is home to criminal organizations that target and 
     recruit veterans of the Unites States military; or
       (III) has hostile relations with the United States; 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) Presumption in favor of following advisory committee 
     recommendation.--The Secretary of Homeland Security shall 
     follow the recommendations received from the Advisory 
     Committee pursuant to paragraph (1) with respect to 
     individuals in removal proceedings unless the Secretary, on a 
     case-by-case basis--
       (A) issues a written determination that a recommendation 
     regarding an individual described in section 4004(a) is 
     unjustified; and
       (B) provides such written determination to such individual.
       (d) Consultation With Principal Legal Advisor of U.S. 
     Immigration and Customs Enforcement.--The Principal Legal 
     Advisor of U.S. Immigration and Customs Enforcement, or 
     designee, shall consult with the Advisory Committee at the 
     request of members of the Advisory Committee.
       (e) Briefings on Unsuitability of Noncitizen Members of the 
     Armed Forces.--The Under Secretary of Defense for Personnel 
     and Readiness shall provide detailed briefings to the 
     Advisory Committee regarding the reasons for determining the 
     unsuitability of noncitizen members of the Armed Forces whose 
     cases are being considered by the Advisory Committee.
       (f) 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.
       (g) Authorization of Appropriations.--There is authorized 
     to be appropriated such sums as may be necessary to carry out 
     this section.

     SEC. 4009. LIST OF COUNTRIES UNWILLING TO REPATRIATE UNITED 
                   STATES VETERANS.

       The Secretary of Homeland Security, in consultation with 
     the Secretary of State, shall compile, and annually update, a 
     list of countries that refuse to repatriate nationals of such 
     country who have enlisted or been appointed in the United 
     States Armed Forces.

     SEC. 4010. PROGRAM OF CITIZENSHIP THROUGH MILITARY SERVICE.

       (a) In General.--The Secretary of Homeland Security, acting 
     through the Director of U.S. Citizenship and Immigration 
     Services, and the Secretary of Defense shall jointly carry 
     out a program under which any individual noncitizen who 
     serves in the Armed Forces, and the covered family members of 
     such noncitizen, shall be naturalized as a United States 
     citizen if such individual, and such covered family members, 
     submit an application for naturalization and are not 
     otherwise ineligible for citizenship under the immigration 
     laws.
       (b) JAG Training.--The Secretary of Defense shall ensure 
     that appropriate members of the Judge Advocate General Corps 
     of the Armed Forces shall 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 assigned to units in such areas.
       (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 become a naturalized United States citizen;
       (2) limitations on the path to citizenship for family 
     members of such noncitizens; and
       (3) points of contact at the Department of Homeland 
     Security to resolve emergency immigration-related situations 
     with respect to such noncitizens and family members.
       (d) Application for Naturalization.--
       (1) Biometrics.--
       (A) Submission of biometric information.--The Secretary of 
     Defense shall ensure that, at the time of accession into the 
     Armed Forces, biometric information of an individual who has 
     applied, or who plans to apply, for naturalization is 
     submitted to U.S. Citizenship and Immigration Services for 
     the purposes of such application.
       (B) Acceptance of biometric information.--The Director of 
     U.S. Citizenship and Immigration Services shall accept any 
     biometric information submitted pursuant to subparagraph (A).
       (2) Filing of application.--The Secretary of Homeland 
     Security, in coordination with the Secretary of Defense, 
     shall ensure that each noncitizen individual who accesses 
     into the Armed Forces is permitted to file an application for 
     naturalization as part of the accessions process.
       (3) Adjudication of application.--The Secretary of Homeland 
     Security, in coordination with the Secretary of Defense, 
     shall ensure that the application for naturalization of any 
     individual who applies for naturalization during the 
     accessions process into the Armed Forces is adjudicated not 
     later than the last day of active service of such individual 
     in the Armed Forces.
       (e) Annual Reports.--The Secretary of each military 
     department shall submit an annual report to the appropriate 
     congressional committees regarding--
       (1) the number of all noncitizens who enlisted or were 
     appointed in their department;
       (2) the number of members of the Armed Forces in their 
     department who have become naturalized United States 
     citizens; and
       (3) the number of 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.

     SEC. 4011. 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 at each 
     Military Entrance Processing Station there is stationed or 
     employed--
       (1) an employee of U.S. Citizenship and Immigration 
     Services; or
       (2) in the case that the Secretary determines that it is 
     impracticable station or employ a person described in 
     paragraph (1) at a Military Entrance Processing Station, a 
     member of the Armed Forces or 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 and 1440).

     SEC. 4012. RETURN OF ELIGIBLE VETERANS REMOVED FROM THE 
                   UNITED STATES; ADJUSTMENT OF STATUS.

       (a) Program for Admission and Adjustment of Status.--Not 
     later than 180 days after the date of the enactment of this 
     Act, the Secretary of Homeland Security shall establish a 
     program and an application procedure that allows--
       (1) eligible veterans residing outside of the United States 
     and their covered family members to be admitted to the United 
     States as noncitizens lawfully admitted for permanent 
     residence (as defined in section 101(a)(20) of the 
     Immigration and Nationality Act (8 U.S.C. 1101(a)(20))); and
       (2) eligible veterans in the United States and their 
     covered family members to adjust their status to that of 
     noncitizens lawfully admitted for permanent residence.
       (b) Veterans Ordered Removed.--
       (1) In general.--Not later than 180 days after the date of 
     the enactment of this Act, in the case of noncitizen veterans 
     and their covered family members who are the subjects of 
     final orders of removal, including noncitizen veterans and 
     covered family members who are outside the United States, the 
     Attorney General shall--
       (A) reopen the removal proceedings of each such noncitizen 
     veteran and covered family member; and
       (B) make a determination with respect to whether each such 
     noncitizen veteran is an eligible veteran.
       (2) Rescission of removal order.--In the case of a 
     determination under paragraph (1)(B) that a noncitizen 
     veteran is an eligible veteran, the Attorney General shall--
       (A) rescind the order of removal with respect to such 
     noncitizen and his or her covered family members;
       (B) adjust the status of the eligible veteran and his or 
     her covered family members to that of noncitizens lawfully 
     admitted for permanent residence; and
       (C) terminate removal proceedings with respect to such 
     noncitizen and covered family members.
       (c) Veterans in Removal Proceedings.--
       (1) In general.--Not later than 180 days after the date of 
     the enactment of this Act, in the case of noncitizen 
     veterans, the removal proceedings of whom are pending as of 
     the date of the enactment of this Act, the Attorney General 
     shall make a determination with respect to whether each such 
     noncitizen veteran is an eligible veteran.
       (2) Termination of proceedings.--In the case of a 
     determination under paragraph (1)

[[Page S798]]

     that a noncitizen veteran is an eligible veteran, the 
     Attorney General shall--
       (A) adjust the status of such eligible veteran and his or 
     her covered family members to reinstate that of noncitizens 
     lawfully admitted for permanent residence; and
       (B) terminate removal proceedings with respect to such 
     eligible veteran and covered family members.
       (d) No Numerical Limitations.--Nothing in this section or 
     in any other law may be construed to apply a numerical 
     limitation on the number of veterans who may be eligible to 
     receive a benefit under this section.
       (e) Eligibility.--
       (1) In general.--Notwithstanding sections 212 and 237 of 
     the Immigration and Nationality Act (8 U.S.C. 1182 and 1227) 
     or any other provision of law, a noncitizen veteran and his 
     or her covered family members shall be eligible to 
     participate in the program established under subsection (a) 
     or for adjustment of status under subsections (b) or (c), as 
     applicable, if the Secretary or the Attorney General, as 
     applicable, determines that the noncitizen veteran or covered 
     family members--
       (A) were not removed or ordered removed from the United 
     States based on a conviction for--
       (i) a crime of violence; or
       (ii) a crime that endangers the national security of the 
     United States for which the noncitizen veteran has served a 
     term of imprisonment of at least 5 years; and
       (B) are not inadmissible to, or deportable from, the United 
     States based on a conviction for a crime described in 
     subparagraph (A).
       (2) Waiver.--The Secretary may waive the application of 
     paragraph (1)--
       (A) for humanitarian purposes;
       (B) to ensure family unity;
       (C) based on exceptional service in the Armed Forces; or
       (D) if a waiver otherwise is in the public interest.

     SEC. 4013. ESTABLISHING GOOD MORAL CHARACTER OF APPLICANTS 
                   FOR CITIZENSHIP WHO SERVED HONORABLY IN THE 
                   ARMED FORCES OF THE UNITED STATES.

       Section 328(e) of the Immigration and Nationality Act (8 
     U.S.C. 1439(e)) is amended by adding at the end the 
     following: ``Notwithstanding section 101(f), a finding that 
     an applicant under this section or under section 329 is 
     described in any of paragraphs (1) through (8) of section 
     101(f) (except in the case of an applicant who is described 
     in any such paragraph because of having been convicted of an 
     aggravated felony described in subparagraph (A), (I), (K), or 
     (L) of section 101(a)(43)) shall not preclude a finding that 
     the applicant is of good moral character.''.
                                 ______