S.Amdt. 2364Senate118th Congress (2023-2025)
S.Amdt. 2364
Sponsored by
Sen. Mike Rounds (R-SD)
Submitted July 11, 2024
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Senate amendment submitted
July 11, 2024
Text
Submitted
SA 2364. Mr. ROUNDS (for himself and Mr. King) submitted an amendment intended to be proposed by him to the bill S. 4638, to authorize appropriations for fiscal year 2025 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. 529C. QUALIFICATIONS FOR ENLISTMENT IN THE ARMED FORCES. (a) Additional Qualified Persons.--Section 504(b) of title 10, United States Code, is amended-- (1) in paragraph (1), by adding at the end the following: ``(D) A Dreamer student.''; and (2) by adding at the end the following: ``(4) In this subsection, the term `Dreamer student' means an individual who-- ``(A) is not a national of the United States (as defined in section 101(a)(22) of the Immigration and Nationality Act (8 U.S.C. 1101(22))); ``(B) has continuously resided in the United States since June 15, 2007; and ``(C)(i) has been granted Deferred Action Deferred Action for Childhood Arrivals under the policy announced by the Secretary of Homeland Security on June 15, 2012, or any successor policy or regulation, and has not had such grant terminated; and ``(ii) was younger than 17 years of age on the date on which such individual initially entered the United States and meets the minimum fitness and educational requirements established by the Secretary of the Army, the Secretary of the Navy, or the Secretary of the Air Force to become an enlisted soldier, sailor, marine, airman, or guardian.''. (b) Admission to Permanent Residence of Enlistees.--Section 504 of title 10, United States Code, as amended by subsection (a), is further amended by adding at the end the following: ``(c) Admission to Permanent Residence of Certain Enlistees.--(1) A person described in subsection (b)(1)(D) who, at the time of enlistment in an armed force, is not a citizen or other national of the United States or lawfully admitted for permanent residence shall be adjusted to the status of an alien lawfully admitted for permanent residence under section 249 of the Immigration and Nationality Act (8 U.S.C. 1259), except that the alien need not-- ``(A) establish that he or she entered the United States prior to January 1, 1972; or ``(B) comply with section 212(e) of that Act (8 U.S.C. 1182(e)). ``(2) The Secretary of Homeland Security shall rescind the lawful permanent resident status of a person whose status was adjusted under paragraph (1) if the person is separated from the armed forces under other than honorable conditions or under an uncharacterized discharge before the person has completed a first term of contracted service. ``(3) Nothing in this subsection may be construed to alter 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.''. (c) Clerical Amendments.-- (1) Section heading.--Section 504 of title 10, United States Code, as amended by this section, is further amended in the section heading by inserting ``: citizenship or residency requirements; exceptions'' after ``qualified''. (2) Table of sections.--The table of sections at the beginning of chapter 31 of title 10, United States Code, is amended by striking the item relating to section 504 and inserting the following: ``504. Persons not qualified: citizenship or residency requirements; exceptions.''. [[Page S4702]] ______