Text: H.R.435 — 113th Congress (2013-2014)

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Introduced in House (01/29/2013)


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[Congressional Bills 113th Congress]
[From the U.S. Government Printing Office]
[H.R. 435 Introduced in House (IH)]

113th CONGRESS
  1st Session
                                H. R. 435

 To amend title 10, United States Code, to authorize the enlistment in 
 the Armed Forces of additional persons who are residing in the United 
States and to lawfully admit for permanent residence certain enlistees 
     who are not citizens or other nationals of the United States.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                            January 29, 2013

 Mr. Coffman introduced the following bill; which was referred to the 
 Committee on Armed Services, and in addition to the Committee on the 
 Judiciary, for a period to be subsequently determined by the Speaker, 
 in each case for consideration of such provisions as fall within the 
                jurisdiction of the committee concerned

_______________________________________________________________________

                                 A BILL


 
 To amend title 10, United States Code, to authorize the enlistment in 
 the Armed Forces of additional persons who are residing in the United 
States and to lawfully admit for permanent residence certain enlistees 
     who are not citizens or other nationals of the United States.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Military Enlistment Opportunity Act 
of 2013''.

SEC. 2. QUALIFICATIONS FOR ENLISTMENT IN THE ARMED FORCES.

    (a) Additional Qualified Persons.--Paragraph (1) of subsection (b) 
of section 504 of title 10, United States Code, is amended--
            (1) by redesignating subparagraph (C) as subparagraph (E); 
        and
            (2) by inserting after subparagraph (B) the following new 
        subparagraphs:
                    ``(C) A person who, at the time of enlistment in an 
                armed force, has resided continuously in a lawful 
                status in the United States for at least two years.
                    ``(D) A person who, at the time of enlistment in an 
                armed force, possesses an employment authorization 
                document issued by United States Citizenship and 
                Immigration Services under the requirements of the 
                Department of Homeland Security policy entitled 
                `Deferred Action for Childhood Arrivals' (DACA).''.
    (b) Admission to Permanent Residence of Certain Enlistees.--Such 
section is further amended by adding at the end the following new 
subsection:
    ``(c) Admission to Permanent Residence of Certain Enlistees.--(1) A 
person described in subsection (b) 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 the 
provisions of 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; and
            ``(B) comply with section 212(e) of such 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 before the person served for a period 
or periods aggregating five years. Such grounds for rescission are in 
addition to any other provided by law. The fact that the person was 
separated from the armed forces under other than honorable conditions 
shall be proved by a duly authenticated certification from the armed 
force in which the person last served. The service of the person in the 
armed forces shall be proved by duly authenticated copies of the 
service records of the person.
    ``(3) Nothing in this subsection shall 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.--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.''.
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