,,ii #aahth ,,congress #ast ,session ,s4 #bdja ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,july #ai1 #bjbc ,ms4 ,duckworth introduced the following bill2 which was read twice and referred to the ,committee on the ,judiciary ,a ,,bill ,to amend section #ejd of title #aj1 ,united ,states ,code1 to allow certain aliens to enlist in the ,armed ,forces and to clarify the naturalization process for such alien enlistees1 and for other purposes4 #a4 ,short title ,this ,act may be cited as the ,enlist ,act of #bjbc4 #b4 ,enlistment of certain aliens and clarification of naturalization process for such alien enlistees 7a7 ,definitions ,in this section3 7#a7 ,in general ,except as otherwise specifically provided1 any term used in this section that is used in the immigration laws shall have the meaning given such term in the immigration laws4 7#b7 ,armed ,forces ,the term ,armed ,forces has the meaning given the term armed forces in section #aja of title #aj1 ,united ,states ,code4 7#c7 ,immigration laws ,the term immigration laws has the meaning given such term in section #aja7;a77#ag7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aaja7;a77#ag774 7#d7 ,military department ,the term military department has the meaning given such term in section #aja of title #aj1 ,united ,states ,code4 7#e7 ,secretary concerned ,the term ,secretary concerned has the meaning given such term in section #aja of title #aj1 ,united ,states ,code4 7b7 ,enlistment in the ,armed ,forces for certain aliens ,subsection 7b77#a7 of section #ejd of title #aj1 ,united ,states ,code1 is amended by adding at the end the following3 7,d7 7i7 ,an alien who-- 7,i7 subject to clause 7ii71 has been continuously physically present in the ,united ,states for five years2 7,,ii7 has completed1 to the satisfaction of the ,secretary of ,defense or the ,secretary concerned1 the same security or suitability vetting processes as are required of qualified individuals seeking enlistment in an armed force2 7,,iii7 meets all other standards set forth for enlistment in an armed force as are required of qualified individuals2 and 7,,iv7 7aa7 has received a grant of deferred action pursuant to the ,deferred ,action for ,childhood ,arrivals policy of the ,department of ,homeland ,security1 or successor policy1 regardless of whether a court order terminates such policy2 7bb7 has been granted temporary protected status under section #bdd of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #abed;a72 or 7cc7 is the beneficiary of an approved petition for an immigrant visa1 but has been unable to adjust status to that of an alien lawfully admitted for permanent residence pursuant to section #bde of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #abee7 because a visa number has not become available or the beneficiary turned #ba years of age prior to a visa becoming available4 7ii7 ,an alien described in clause 7i7 who has departed the ,united ,states during the five-year period referred to in subclause 7,i7 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 authorization4 4 7c7 ,stay of removal proceedings ,section #bcg of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #abbg7 is amended by adding at the end the following3 7e7 ,if an alien described in section #ejd7;b77#a77;,d7 of title #aj1 ,united ,states ,code1 who is subject to a ground of removability has served honorably in the ,armed ,forces1 and if separated from such service1 was never separated except under honorable conditions1 the ,secretary of ,homeland ,security shall grant such alien an administrative stay of removal under section #bda7;c77#b7 until the earlier of-- 7#a7 the date on which the head of the military department 7as defined in section #aja of title #aj1 ,united ,states ,code7 under which the alien served determines that the alien did not serve honorably in active-duty status1 and if separated from such service1 that such separation was not under honorable conditions as required by sections #cbh and #cbi2 or 7#b7 the date on which the alien's application for naturalization under section #cbh or #cbi has been denied or revoked and all administrative appeals have been exhausted4 4 7d7 ,timely determination by the secretary of defense ,not later than #ij days after receiving a request by an alien who has enlisted in the ,armed ,forces pursuant to section #ejd7;b77#a77;,d7 of title #aj1 ,united ,states ,code1 for a certification of service in the ,armed ,forces1 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 status1 and whether separation from such service was under honorable conditions as required by sections #cbh and #cbi of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #adci1 #addj71 unless the head of the military department concerned requires additional time to vet national security or counter-intelligence concerns4 7e7 ,medical exception ,an alien who otherwise meets the qualifications for enlistment under section #ejd7;b77#a77;,d7 of title #aj1 ,united ,states ,code1 but who1 after reporting for initial entry training1 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 #cbh and #cbi of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #adci1 #addj71 if such medical reasons are certified by the head of the military department under which the individual so served4 7f7 ,good moral character ,in determining whether an alien who has enlisted in the ,armed ,forces pursuant to section #ejd7;b77#a77;,d7 of title #aj1 ,united ,states ,code1 has good moral character for purposes of section #aja7;f7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aaja7;f771 the ,secretary of ,homeland ,security-- 7#a7 shall consider the alien's honorable service in the ,armed ,forces2 and 7#b7 may make a finding of good moral character notwithstanding-- 7,a7 7i7 any single misdemeanor offense1 if the alien has not been convicted of any offense during the #e-year period preceding the date on which the alien applies for naturalization2 or 7ii7 not more than #b misdemeanor offenses1 if the alien has not been convicted of any offense during the #aj-year period preceding the date on which the alien applies for naturalization4 7g7 ,confidentiality of information 7#a7 ,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-- 7,a7 documentation filed under this section or an amendment made by this section2 or 7,b7 enlistment applications filed1 or inquiries made1 under section #ejd7;b77#a77;,d7 of title #aj1 ,united ,states ,code4 7#b7 ,treatment of records 7,a7 ,in general ,documentation filed under this section or an amendment made by this section-- 7i7 shall be collected pursuant to section #eeb;a of title #e1 ,united ,states ,code 7commonly known as the ,privacy ,act of #aigd72 and 7ii7 may not be disclosed under subsection 7b77#g7 of that section for purposes of immigration enforcement4 7,b7 ,destruction ,in the case of an alien who attempts to enlist under section #ejd7;b77#a77;,d7 of title #aj1 ,united ,states ,code1 but does not successfully do so 7except in the case of an alien described in subsection 7e771 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 #fj days after the date on which the alien concerned is denied enlistment or fails to complete basic training1 as applicable4 7#c7 ,referrals prohibited ,the ,secretary of ,homeland ,security or the ,secretary of ,defense 7or any designee of the ,secretary of ,homeland ,security or the ,secretary of ,defense71 based solely on information provided in an application for naturalization submitted by an alien who has enlisted in the ,armed ,forces under section #ejd7;b77#a77;,d7 of title #aj1 ,united ,states ,code1 or an enlistment application filed or an inquiry made under that section1 may not refer the individual concerned to ,u4,s4 ,immigration and ,customs ,enforcement or ,u4,s4 ,customs and ,border ,protection4 7#d7 ,limited exception ,notwithstanding paragraphs 7#a7 through 7#c71 information provided in an application for naturalization submitted by an individual who has enlisted in the ,armed ,forces under section #ejd7;b77#a77;,d7 of title #aj1 ,united ,states ,code1 may be shared with ,federal security and law enforcement agencies-- 7,a7 for assistance in the consideration of an application for naturalization2 7,b7 to identify or prevent fraudulent claims2 7,c7 for national security purposes pursuant to section #ffaa of the ,national ,defense ,authorization ,act for ,fiscal ,year #bjbj 7#ej ,u4,s4,c4 #cceb;f72 or 7,d7 for the investigation or prosecution of any ,federal crime1 except any offense1 other than a fraud or false statement offense1 that is-- 7i7 related to immigration status2 or 7ii7 a petty offense 7as defined in section #ai of title #ah1 ,united ,states ,code74 7#e7 ,penalty ,any person who knowingly and willfully uses1 publishes1 or examines1 or permits such use1 publication1 or examination of1 any information produced or provided by1 or collected from1 any source or person under this section or an amendment made by this section1 and in violation of this subsection1 shall be guilty of a misdemeanor and fined not more than #e1jjj4 7h7 ,rule of construction ,nothing in this section or an amendment made by this section may be construed to modify-- 7#a7 except as otherwise specifically provided in this section1 the process prescribed by sections #cbh and #cbi;,a of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #adci1 #addj-a7 by which a person may naturalize1 or be granted posthumous ,united ,states citizenship1 through service in the ,armed ,forces2 or 7#b7 the qualifications for original enlistment in any component of the ,armed ,forces otherwise prescribed by law or the ,secretary of ,defense4