S.Amdt. 996

SA 996. Mr. DURBIN (for himself, Ms. Harris, Mr. Bennet, Mr. Booker,
Mrs. Feinstein, Mr. Menendez, Mr. Merkley, Mrs. Shaheen, Mr. Warner,
and Ms. Duckworth) submitted an amendment intended to be proposed by
him to the bill H.R. 2810, to authorize appropriations for fiscal year
2018 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 C of title V, add the following:

SEC. ___. MEMBERS OF THE ARMED FORCES WHO ENLIST UNDER
AUTHORITY FOR ENLISTMENT VITAL TO THE NATIONAL
INTEREST.

(a) Retention and Status.--Each member of the Armed Forces
who accesses into the Armed Forces under section 504(b)(2) of
title 10, United States Code--
(1) shall, to the extent practicable, remain a member of
the Armed Forces until the Secretary concerned is able to
determine the suitability of such member for retention in the
Armed Forces; and
(2) may not be separated from the Armed Forces before
completion of the background checks and security screenings
required to certify the member for retention in the Armed
Forces, except as follows:
(A) Upon a sentence of court-martial pursuant to chapter 47
of title 10, United States Code (the Uniform Code of Military
Justice), providing for separation of the member.
(B) Upon the discovery of current or prior disqualifying
actions not related to the member's status under the
immigration laws that require the separation of the member.
(b) Immigration Status of Alien Members.--
(1) In general.--The protections and conditions specified
in paragraph (3) shall apply to an individual described in
paragraph (2) during the period--
(A) that begins on the date on which the individual enlists
in the Armed Forces under the Delayed Entry Program provided
for in section 513 of title 10, United States Code; and
(B) that ends on either--
(i) the date on which the member is enlisted in a regular
component of the Armed Forces; or
(ii) the date on which the member is determined by the
Secretary concerned to be not suitable for retention in the
Armed Forces.
(2) Covered individuals.--An individual described in this
paragraph is an alien who enlists in the Armed Forces under
section 513(a) of title 10, United States Code, pursuant to a
determination provided for in section 504(b)(2) of such
title.
(3) Protections and conditions.--The protections and
conditions specified in this paragraph with respect to an
individual are the following:
(A) That the individual may not be removed from the United
States.
(B) That the individual shall be permitted to depart and
reenter the United States.
(C) That the individual shall be deemed to be lawfully
present and authorized for employment as of the date of
accession into the Armed Forces.
(c) Delayed Entry Program.--
(1) In general.--Section 513(b) of title 10, United States
Code, is amended--
(A) by redesignating paragraph (2) as paragraph (3);
(B) by inserting after paragraph (1) the following new
paragraph (2):
``(2) A person enlisted under subsection (a) who accesses
into the armed forces pursuant to section 504(b)(2) of this
title shall not be subject to the provisions of paragraph
(1), but shall be enlisted in a regular component of an armed
force as soon as practicable after enlistment.''; and
(C) in paragraph (3), as redesignated by subparagraph (A),
by inserting ``or (2)'' after ``paragraph (1)''.
(2) Effective date.--The amendments made by paragraph (1)
shall take effect on the date of the enactment of this Act,
and shall apply to persons described by paragraph (2) of
section 513(b) of title 10, United States Code (as so
amended), who are enlisted in the Armed Forces as of the date
of the enactment of this Act.
(3) Retroactive applicability.--If a person enlisted in the
Armed Forces under section 513(a) of title 10, United States
Code, pursuant to a determination provided for in section
504(b)(2) of such title and was separated from the Armed
Forces pursuant to the operation of section 513(b) of such
title before the date of the enactment of this Act, the
person shall, at the election of the person, be permitted to
reenlist in the Armed Forces under section 513(a) of such
title after that date (and be subject to paragraph (2) of
section 513(b) of such title (as amended by paragraph (1) of
this subsection) if the Secretary concerned determines that
the individual remains eligible for enlistment in the Armed
Force as of the date of reenlistment.
(d) Definitions.--In this section:
(1) The term ``Secretary concerned'' has the meaning given
that term in section 101(a)(9) of title 10, United States
Code.
(2) The terms ``alien'' and ``immigration laws'' have the
meaning given such terms in section 101(a) of the Immigration
and Nationality Act (8 U.S.C. 1101(a)).
______