H.Amdt. 154House113th Congress (2013-2015)

An amendment numbered 15 printed in Part B of House Report 113-108 to authorize enlistment in the Armed Forces of certain undocumented immigrants who are otherwise qualified for enlistment, and provide a way for the undocumented immigrants to be lawfully admitted to the U.S. for permanent residence by reason of their honorable service and sacrifice in the U.S. military.

What it does: Adds SECTION 530E. AUTHORITY TO ENLIST IN THE ARMED FORCES CERTAIN ALIENS WHO ARE UNLAWFULLY PRESENT IN THE UNITED STATES AND LEGAL STATUS OF SUCH ENLISTEES BY REASON OF HONORABLE SERVICE IN THE ARMED FORCES at the end of subtitle C of title V
Submitted June 13, 2013

What it changes

1 change to H.R. 1960

Adds a section

We couldn't match these changes to the text of H.R. 1960, so they're shown as written.

  1. Adds SECTION 530E. AUTHORITY TO ENLIST IN THE ARMED FORCES CERTAIN ALIENS WHO ARE UNLAWFULLY PRESENT IN THE UNITED STATES AND LEGAL STATUS OF SUCH ENLISTEES BY REASON OF HONORABLE SERVICE IN THE ARMED FORCES at the end of subtitle C of title V

    Adds a section

    Inserted: SECTION 530E. AUTHORITY TO ENLIST IN THE ARMED FORCES CERTAIN ALIENS WHO ARE UNLAWFULLY PRESENT IN THE UNITED STATES AND LEGAL STATUS OF SUCH ENLISTEES BY REASON OF HONORABLE SERVICE IN THE ARMED FORCES.

    Inserted: (a) Certain Aliens Authorized for Enlistment.--Subsection (b)(1) of section 504 of title 10, United States Code, is amended by adding at the end the following new subparagraph:

    Inserted: "(D) An alien who was unlawfully present in the United States on December 31, 2011, who has been unlawfully and continuously present in the United States since that date, who was younger than 15 years of age on the date the alien intially entered the United States, and who, disregarding such unlawful status, is otherwise eligible for original enlistment in a regular component of the Army, Navy, Air Force, Marine Corps, or Coast Guard under section 505(a) of this title and regulations issued to implement such section.".

    Inserted: (b) Conditional Admission to Permanent Residence of Alien Enlistees.--Such section is further amended by adding at the end the following new subsection:

    Inserted: "(c) Conditional Admission to Permanent Residence of Alien Enlistees.--(1) The Secretary of Homeland Security shall adjust the status of an alien described in subsection (b)(1)(D) who enlists in a regular component of the Army, Navy, Air Force, Marine Corps, or Coast Guard 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 does not have to--

    Inserted: "(A) establish that he or she entered the United States prior to January 1, 1972; or

    Inserted: "(B) comply with section 212(e) of such Act (8 U.S.C. 1182(e)).

    Inserted: "(2) The lawful permanent resident status of an alien described in subsection (b)(1)(D) who enlisted in a regular component of the armed forces and whose status was adjusted under paragraph (1) is automatically rescinded, by operation of law, if the alien is separated from the armed forces under other than honorable conditions before the alien serves the term of enlistment of such alien. Such grounds for rescission are in addition to any other grounds for rescission provided by law. Proof of separation from the armed forces under other than honorable conditions shall be established by a duly authenticated certification from the armed force in which the alien last served.

    Inserted: "(3) Nothing in this subsection shall be construed to alter--

    Inserted: "(A) 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; or

    Inserted: "(B) the qualifications for original enlistment in the armed forces described in section 505(a) of this title and regulations issued to implement such section.".

    Inserted: (c) Offset and Delayed Effective Date.--

    Show 7 more inserted paragraphs

    Inserted: (1) Budgetary effects.--Not later than 30 days after the date of the enactment of this Act, the President shall submit to Congress an analysis of the budgetary effects of enactment of this section and a determination regarding whether such enactment would result in an increase in the deficit in the current year, the budget year, or the subsequent nine fiscal years.

    Inserted: (2) Delayed effective date.--With the exception of paragraph (1), this section and the amendments made by this section shall become effective only upon enactment of an Act referencing this section and the title of which is as follows: "An Act to provide budgetary treatment of changes to enlistment policies of the Armed Forces.".

    Inserted: (d) Clerical Amendments.--

    Inserted: (1) Section heading.--The heading of such section is amended to read as follows:

    Inserted: "Sec. 504. Persons not qualified; citizenship or residency requirements; exceptions".

    Inserted: (2) Table of sections.--The table of sections at the beginning of chapter 31 of such title is amended by striking the item relating to section 504 and inserting the following new item:

    Inserted: "504. Persons not qualified; citizenship or residency requirements; exceptions.".

    Original wording

    At the end of subtitle C of title V, add the following new section:

Read automatically from the Congressional Record. Check the original before relying on it.

As printed

At the end of subtitle C of title V, add the following new section:

SECTION 530E. AUTHORITY TO ENLIST IN THE ARMED FORCES CERTAIN ALIENS WHO ARE UNLAWFULLY PRESENT IN THE UNITED STATES AND LEGAL STATUS OF SUCH ENLISTEES BY REASON OF HONORABLE SERVICE IN THE ARMED FORCES.

(a) Certain Aliens Authorized for Enlistment.--Subsection (b)(1) of section 504 of title 10, United States Code, is amended by adding at the end the following new subparagraph:

“(D) An alien who was unlawfully present in the United States on December 31, 2011, who has been unlawfully and continuously present in the United States since that date, who was younger than 15 years of age on the date the alien intially entered the United States, and who, disregarding such unlawful status, is otherwise eligible for original enlistment in a regular component of the Army, Navy, Air Force, Marine Corps, or Coast Guard under section 505(a) of this title and regulations issued to implement such section.”.

(b) Conditional Admission to Permanent Residence of Alien Enlistees.--Such section is further amended by adding at the end the following new subsection:

“(c) Conditional Admission to Permanent Residence of Alien Enlistees.--(1) The Secretary of Homeland Security shall adjust the status of an alien described in subsection (b)(1)(D) who enlists in a regular component of the Army, Navy, Air Force, Marine Corps, or Coast Guard 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 does not have to--

“(A) establish that he or she entered the United States prior to January 1, 1972; or

“(B) comply with section 212(e) of such Act (8 U.S.C. 1182(e)).

“(2) The lawful permanent resident status of an alien described in subsection (b)(1)(D) who enlisted in a regular component of the armed forces and whose status was adjusted under paragraph (1) is automatically rescinded, by operation of law, if the alien is separated from the armed forces under other than honorable conditions before the alien serves the term of enlistment of such alien. Such grounds for rescission are in addition to any other grounds for rescission provided by law. Proof of separation from the armed forces under other than honorable conditions shall be established by a duly authenticated certification from the armed force in which the alien last served.

“(3) Nothing in this subsection shall be construed to alter--

“(A) 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; or

“(B) the qualifications for original enlistment in the armed forces described in section 505(a) of this title and regulations issued to implement such section.”.

(c) Offset and Delayed Effective Date.--

(1) Budgetary effects.--Not later than 30 days after the date of the enactment of this Act, the President shall submit to Congress an analysis of the budgetary effects of enactment of this section and a determination regarding whether such enactment would result in an increase in the deficit in the current year, the budget year, or the subsequent nine fiscal years.

(2) Delayed effective date.--With the exception of paragraph (1), this section and the amendments made by this section shall become effective only upon enactment of an Act referencing this section and the title of which is as follows: “An Act to provide budgetary treatment of changes to enlistment policies of the Armed Forces.”.

(d) 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 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.”.

Legislative Activity

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House amendment offered

June 13, 2013

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Floor

House amendment offered

June 13, 2013

Not Used

House amendment offered/reported by: Amendment (A014) offered by Mr. Denham.(consideration: CR H3553-3554; text: CR H3553)

June 13, 2013 • 6:10 PM

Floor

Amendment (A014) offered by Mr. Denham. (consideration: CR H3553-3554; text: CR H3553)

June 13, 2013 • 6:10 PM

Floor

By unanimous consent, the Denham amendment was withdrawn. (consideration: CR H3554)

June 13, 2013 • 6:23 PM