,,ib ,union ,calendar ,no4 #djj #aagth ,,congress #b;d ,session ,h4 ,r4 #gidf ,report ,no4 #aag-eeh1 ,part ,i ,,in ,,the ,,house ,,of ,,representatives ,june #c1 #bjbb,mr4 ,takano 7for himself1 ,ms4 ,lofgren1 ,mr4 ,nadler1 ,mr4 ,vargas1 ,mr4 ,correa1 and ,mr4 ,ruiz7 introduced the following bill2 which was referred to the ,committee on the ,judiciary1 and in addition to the ,committees on ,veterans' ,affairs1 and ,armed ,services1 for a period to be subsequently determined by the ,speaker1 in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned ,november #ae1 #bjbb;,additional sponsors3 ,mr4 ,sablan1 ,mr4 ,brown of ,maryland1 ,mr4 ,espaillat1 ,mr4 ,thompson of ,california1 ,mr4 ,mc,govern1 ,mr4 ,lowenthal1 ,mr4 ,rush1 ,ms4 ,norton1 ,ms4 ,titus1 ,ms4 ,barragn1 ,mr4 ,gallego1 ,mr4 ,malinowski1 ,mr4 ,carbajal1 ,mr4 ,de,saulnier1 ,mr4 ,peters1 ,mr4 ,panetta1 ,mr4 ,soto1 ,mr4 ,carson1 ,ms4 ,garcia of ,texas1 ,mrs4 ,carolyn ,b4 ,maloney of ,new ,york1 ,mr4 ,jones1 ,ms4 ,scanlon1 ,mrs4 ,hayes1 ,ms4 ,jayapal1 ,ms4 ,stansbury1 ,mr4 ,keating1 ,mr4 ,bowman1 ,ms4 ,jackson ,lee1 ,mr4 ,aguilar1 ,ms4 ,lee of ,california1 and ,mr4 ,costa ,november #ae1 #bjbb,reported from the ,committee on the ,judiciary with an amendment,strike out all after the enacting clause and insert the part printed in italic ,november #ae1 #bjbb;,committees on ,veterans' ,affairs and ,armed ,services discharged2 committed to the ,committee of the ,whole ,house on the ,state of the ,union and ordered to be printed,for text of introduced bill1 see copy of bill as introduced on ,june #c1 #bjbb ,a ,,bill ,to provide benefits for noncitizen members of the ,armed ,forces1 and for other purposes4 #a4 ,short title ,this ,act may be cited as the ,veteran ,service ,recognition ,act of #bjbb4 #b4 ,study and report on noncitizen veterans removed from the ,united ,states 7a7 ,study required ,not later than #a year after the date of the enactment of this ,act1 the ,secretary of ,defense1 the ,secretary of ,homeland ,security1 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 #a1 #aiij1 and ending on the date of the enactment of this ,act1 which shall include the following3 7#a7 ,the number of noncitizens removed by ,u4,s4 ,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 #ahj days4 7#b7 ,for each noncitizen described in paragraph 7#a7-- 7,a7 the country of nationality or last habitual residence of the noncitizen2 7,b7 the total length of time the noncitizen served as a member of the ,armed ,forces2 7,c7 each ground on which the noncitizen was ordered removed under section #bcg7;a7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #abbg7;a77 or section #bab7;a7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aahb7;a771 as applicable2 and 7,d7 whether the noncitizen appealed the removal order to the ,board of ,immigration ,appeals4 7#c7 ,each of the following enumerations3 7,a7 ,the number of noncitizens described in paragraph 7#a7 who were discharged or released from service under honorable conditions4 7,b7 ,the number of noncitizens described in paragraph 7#a7 who were discharged or released from service under other than honorable conditions4 7,c7 ,the number of noncitizens described in paragraph 7#a7 who were deployed overseas4 7,d7 ,the number of noncitizens described in paragraph 7#a7 who served on active duty in the ,armed ,forces in an overseas contingency operation4 7,e7 ,the number of noncitizens described in paragraph 7#a7 who were awarded decorations or medals4 7,f7 ,the number of noncitizens described in paragraph 7#a7 who applied for benefits under laws administered by the ,secretary of ,veterans ,affairs4 7,g7 ,the number of noncitizens described in paragraph 7#a7 who receive benefits described in subparagraph 7,f74 7#d7 ,a description of the reasons preventing any of the noncitizens who applied for benefits described in paragraph 7#c77;,f7 from receiving such benefits4 7b7 ,report ,not later than #ij days after the date of the completion of the study required under subsection 7a71 the ,secretary of ,defense1 the ,secretary of ,homeland ,security1 and the ,secretary of ,veterans ,affairs shall jointly submit a report containing the results of such study to the appropriate congressional committees4 #c4 ,information system on veterans subject to removal 7a7 ,establishment ,not later than #ahj days after the date of the enactment of this ,act1 the ,secretary of ,homeland ,security shall create-- 7#a7 a protocol for identifying noncitizens who are or may be veterans2 and 7#b7 a system for maintaining information about noncitizen veterans identified pursuant to the protocol created under paragraph 7#a7 and information provided by the ,under ,secretary of ,defense for ,personnel and ,readiness under section #d7;d74 7b7 ,information sharing ,the system shall be shared across all components of the ,department of ,homeland ,security1 including ,enforcement and ,removal ,operations1 the ,office of the ,principal ,legal ,advisor1 ,homeland ,security ,investigations1 and the ,military ,family ,immigration ,advisory ,committee4 7c7 ,consideration of veteran status ,the ,secretary of ,homeland ,security shall ensure that1 in the case of any noncitizen veteran who is potentially removable1 and in any removal proceeding against such a noncitizen veteran1 information available under this system is taken into consideration1 including for purposes of any adjudication on the immigration status of such veteran4 7d7 ,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 7a7 to attempt to determine whether the individual is a veteran4 ,if the ,secretary of ,homeland ,security determines that such an individual is or may be a veteran1 the ,secretary shall notify the ,military ,family ,immigration ,advisory ,committee concurrently upon initiating removal proceedings against such individual4 7e7 ,training ,beginning in the first fiscal year that begins after the ,secretary of ,homeland ,security completes the requirements under subsection 7a71 personnel of ,u4,s4 ,immigration and ,customs ,enforcement shall participate1 on an annual basis1 in a training on the protocol developed under this section4 #d4 ,military family immigration advisory committee 7a7 ,establishment ,not later than #ahj days after the date of the enactment of this ,act1 the ,secretary of ,homeland ,security shall establish an advisory committee1 to be known as the ,military ,family ,immigration ,advisory ,committee1 to provide recommendations to the ,secretary of ,homeland ,security on the exercise of discretion in any case involving removal proceedings for-- 7#a7 a member of the ,armed ,forces2 7#b7 a veteran2 or 7#c7 a covered family member4 7b7 ,membership ,the ,advisory ,committee shall be composed of #i members1 appointed by the ,secretary of ,homeland ,security4 7c7 ,case reviews 7#a7 ,in general ,not later than #cj days after the ,advisory ,committee identifies or is notified about the case of an individual described in subsection 7a71 the ,advisory ,committee shall meet to review the case and to provide a written recommendation to the ,secretary of ,homeland ,security on whether-- 7,a7 an exercise of discretion is warranted1 including-- 7i7 termination of removal proceedings2 7ii7 parole2 7iii7 deferred action2 7iv7 a stay of removal2 7v7 administrative closure2 or 7vi7 authorization to apply for any other form of relief2 or 7,b7 to continue seeking the removal of such individual4 7#b7 ,submission of information ,an individual who is the subject of a case review under paragraph 7#a7 may submit information to the ,advisory ,committee1 and the ,advisory ,committee shall consider such information4 7#c7 ,procedures ,in conducting each case review under paragraph 7#a71 the ,advisory ,committee shall consider1 as factors weighing in favor of a recommendation under paragraph 7#a77;,a7-- 7,a7 with respect to a member of the ,armed ,forces1 whether the individual-- 7i7 was an enlisted member or officer of the ,armed ,forces2 7ii7 received a medal or decoration1 was deployed1 or was otherwise evaluated for merit in service during his or her service in the ,armed ,forces2 7iii7 is a national of a country that prohibits repatriation of an individual after any service in the ,armed ,forces2 or 7iv7 contributed to his or her local community during his or her service in the ,armed ,forces2 7,b7 with respect to a veteran1 whether the individual-- 7i7 was an enlisted member or officer of the ,armed ,forces2 7ii7 completed a period of service in the ,armed ,forces and was discharged under conditions other than dishonorable2 7iii7 received a medal or decoration1 was deployed1 or was otherwise evaluated for merit in service during his or her service in the ,armed ,forces2 7iv7 is a national of a country that prohibits repatriation of an individual after any service in the ,armed ,forces of another country2 or 7v7 contributed to his or her local community during or after his or her service in the ,armed ,forces2 and 7,c7 with respect to a covered family member1 whether the individual-- 7i7 supported a member of the ,armed ,forces serving on active duty or a veteran1 including through financial support1 emotional support1 or caregiving2 or 7ii7 contributed to his or her local community during or after the military service of the member or of the veteran4 7#d7 ,precluding factor ,in conducting each case review under paragraph 7#a71 the ,advisory ,committee shall consider1 as a factor requiring a recommendation under paragraph 7#a77;,b71 whether the member of the ,armed ,forces1 veteran1 or covered family member has been convicted of #e offenses for driving while intoxicated 7including a conviction under the influence of or impaired by alcohol or drugs71 unless the conviction is older than #be years4 7d7 ,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 ,committee4 7e7 ,briefings on actions in response to recommendations ,not less frequently than quarterly1 the ,secretary of ,homeland ,security shall provide detailed briefings to the ,advisory ,committee regarding actions taken in response to the recommendations of the ,advisory ,committee1 including detailed explanations for any cases in which a recommendation of the ,advisory ,committee was not followed4 7f7 ,transfer of case files ,for any individual with respect to whom the ,advisory ,committee is conducting a case review under this section1 the ,secretary of ,defense and ,secretary of ,homeland ,security shall provide to the ,advisory ,committee a copy of any available record pertaining to that individual1 including such individual's alien file1 that is relevant to the case review4 7g7 ,limitation on removal ,notwithstanding any other provision of law1 an individual described in subsection 7a7 may not be ordered removed until the ,advisory ,committee has provided a recommendation with respect to that individual to the ,secretary of ,homeland ,security4 7h7 ,limitation on eligibility for case review ,an individual who is inadmissible based on a conviction of an aggravated felony described in subparagraph 7,a7 of section #aja7;a77#dc7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aaja7;a77#dc77 shall be ineligible for a case review under this section4 #e4 ,program of citizenship through military service 7a7 ,in general 7#a7 ,program established ,the ,secretary of ,homeland ,security1 acting through the ,director of ,u4,s4 ,citizenship and ,immigration ,services1 and in coordination with the ,secretary of ,defense1 shall jointly implement a program to ensure that-- 7,a7 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 #cbi of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #addj72 and 7,b7 the duly authenticated certification 7or any other successor form7 required under section #cbi7;b77#c7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aadj7;b77#c77 is issued to each noncitizen not later than #cj days after the individual makes a request for such certification4 7#b7 ,eligible noncitizen ,for purposes of this subsection1 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 force4 7b7 ,,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 ,u4,s4 ,citizenship and ,immigration ,services with respect to applications for citizenship of noncitizen members of the ,armed ,forces4 7c7 ,training for recruiters ,the ,secretary of ,defense shall ensure that all recruiters in the ,armed ,forces receive training regarding-- 7#a7 the steps required for a noncitizen member of the ,armed ,forces to receive citizenship2 7#b7 limitations on the path to citizenship for family members of such individuals2 and 7#c7 points of contact at the ,department of ,homeland ,security to resolve emergency immigration-related situations with respect to such individuals and their family members4 7d7 ,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 concerned1 all members of the ,armed ,forces in their department who naturalized1 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 year4 7e7 ,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 7as defined in section #aja7;a77#ac7 of title #aj1 ,united ,states ,code71 and who1 if separated from the ,armed ,forces1 was separated under honorable conditions1 may be naturalized as provided in section #cbi of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #addj7 as though the person had served during a period designated by the ,president under such section4 7f7 ,naturalization through service in the ,armed ,forces of the ,united ,states ,section #cbh of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #adci7 is amended-- 7#a7 in subsection 7a71 by striking six months and inserting one year2 and 7#b7 in subsection 7d71 by striking six months and inserting one year4 #f4 ,information for military recruits regarding naturalization through service in the ,armed ,forces ,the ,secretary of ,defense1 in coordination with the ,secretary of ,homeland ,security1 shall ensure that there is stationed or employed at each ,military ,entrance ,processing ,station-- 7#a7 an employee of ,u4,s4 ,citizenship and ,immigration ,services2 or 7#b7 in the case that the ,secretary determines that it is impracticable to station or employ a person described in paragraph 7#a7 at a ,military ,entrance ,processing ,station1 a member of the ,armed ,forces or an employee of the ,department of ,defense-- 7,a7 whom the ,secretary determines is trained in the immigration laws2 and 7,b7 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 #cbh and #cbi of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #adci-addj74 #g4 ,return of eligible veterans removed from the ,united ,states2 adjustment of status 7a7 ,eligible veterans ,in the case of a noncitizen who has been issued a final order of removal1 the ,secretary of ,homeland ,security1 may1 notwithstanding such order of removal1 adjust that noncitizen's status to that of an alien lawfully admitted for permanent residence1 or admit such noncitizen for lawful permanent residence if the ,secretary determines that such noncitizen is a veteran and1 consistent with subsection 7b71 is not inadmissible4 7b7 ,waiver 7#a7 ,authority ,in the case of a noncitizen veteran described in subsection 7a71 the ,secretary of ,homeland ,security may waive any applicable ground of inadmissibility under section #bab7;a7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aahb7;a77 7other than paragraphs 7#c7 and 7#b77;,h7 of such section #bab7;a71 a finding of inadmissibility under paragraph 7#b77;,a7 based on a conviction of an aggravated felony described in subparagraph 7,a71 7,i71 or 7,k7 of section #aja7;a77#dc7 7#h ,u4,s4,c4 #aaja7;a77#dc771 or #e convictions for driving while intoxicated 7including a conviction for driving while under the influence of or imparied by alcohol or drugs7 unless the conviction is older than #be years1 if the ,secretary determines that it is in the public interest4 7#b7 ,public interest considerations ,in determining whether a waiver described in paragraph 7#a7 is in the public interest1 the ,secretary of ,homeland ,security shall consider factors including the noncitizen's service in the ,armed ,forces1 and the recency and severity of any offense or conduct that forms the basis of a finding of inadmissibility under section #bab7;a7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aahb7;a774 7c7 ,procedures ,not later than #ahj days after the date of the enactment of this ,act1 the ,secretary of ,homeland ,security shall1 by rule1 establish procedures to carry out this section4 7d7 ,no numerical limitations ,individuals who are granted lawful permanent residence under this section shall not be subject to the numerical limitations under section #bja1 #bjb1 or #bjc of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aaea1 #aaeb1 or #aaec74 7e7 ,clarification ,if a noncitizen veteran's status is adjusted under this section to that of an alien lawfully admitted for permanent residence1 or if such noncitizen is lawfully admitted for permanent residence1 such adjustment or admission shall create a presumption that the noncitizen has established good moral character under paragraphs 7#a7 through 7#h7 of section #aja7;f7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aaja7;f774 7f7 ,limitation on removal 7#a7 ,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 status4 ,such noncitizen shall not be removed from the ,united ,states until a final administrative decision establishing ineligibility for such status is rendered4 7#b7 ,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 may1 notwithstanding such order or permission to depart1 apply for lawful permanent resident status under this section4 ,such noncitizen shall not be required to file a separate motion to reopen1 reconsider1 or vacate the order of removal4 ,if the ,secretary of ,homeland ,security approves the application1 the ,secretary shall notify the ,attorney ,general of such approval1 and the ,attorney ,general shall cancel the order of removal4 ,if the ,secretary renders a final administrative decision to deny the application1 the order of removal or permission to depart shall be effective and enforceable to the same extent as if the application had not been made1 only after all available administrative and judicial remedies have been exhausted4 #h4 ,adjustment of status for certain immediate relatives of ,united ,states citizen service members or veterans 7a7 ,in general ,for purposes of an application for adjustment of status pursuant to an approved petition for classification under section #bjd7;a77#a77;,a7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aaed7;a77#a77;,a771 an alien described in subsection 7b7-- 7#a7 is be deemed to have been inspected and admitted into the ,united ,states2 and 7#b7 shall not be subject to paragraphs 7#f77;,a71 7#f77;,c71 7#g77;,a71 and 7#i7 of section #bab7;a7 of such ,act 7#h ,u4,s4,c4 #aahb7;a774 7b7 ,alien described ,an alien is described in subsection 7a7 if the alien is the beneficiary of an approved petition for classification under section #bjd7;a77#a77;,a7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aaed7;a77#a77;,a77 as an immediate relative 7as defined in section #bja7;b77#b77;,a77i7 of such ,act 7#h ,u4,s4,c4 #aaea7;b77#b77;,a77i777 of a citizen of the ,united ,states who-- 7#a7 served1 for a minimum of #b years1 on active duty in the ,armed ,forces or in a reserve component of the ,united ,states ,armed ,forces2 and 7#b7 if discharged or released from service in the ,armed ,forces1 was discharged or released under honorable conditions4 #i4 ,definitions ,in this ,act3 7#a7 ,advisory committee ,the term ,advisory ,committee means the ,military ,family ,immigration ,advisory ,committee established pursuant to section #d4 7#b7 ,appropriate congressional committees ,the term appropriate congressional committees means-- 7,a7 the ,committee on ,armed ,services of the ,senate2 7,b7 the ,committee on ,homeland ,security and ,governmental ,affairs of the ,senate2 7,c7 the ,committee on the ,judiciary of the ,senate2 7,d7 the ,committee on ,veterans' ,affairs of the ,senate2 7,e7 the ,committee on ,armed ,services of the ,house of ,representatives2 7,f7 the ,committee on ,homeland ,security of the ,house of ,representatives2 7,g7 the ,committee on the ,judiciary of the ,house of ,representatives2 and 7,h7 the ,committee on ,veterans' ,affairs of the ,house of ,representatives4 7#c7 ,armed ,forces ,the term ,armed ,forces has the meaning given the term armed forces in section #aja of title #aj1 ,united ,states ,code4 7#d7 ,covered family member ,the term covered family member means the noncitizen spouse or noncitizen child of-- 7,a7 a member of the ,armed ,forces2 or 7,b7 a veteran4 7#e7 ,immigration laws ,the term immigration laws has the meaning given that term in section #aja of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aaja74 7#f7 ,noncitizen ,the term noncitizen means an individual who is not a citizen or national of the ,united ,states 7as defined in section #aja7;a7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aaja7;a7774 7#g7 ,veteran ,the term veteran has the meaning given such term in section #aja of title #ch1 ,united ,states ,code4 ,november #ae1 #bjbb,reported from the ,committee on the ,judiciary with an amendment,november #ae1 #bjbb;,committees on ,veterans' ,affairs and ,armed ,services discharged2 committed to the ,committee of the ,whole ,house on the ,state of the ,union and ordered to be printed