IIB 
117TH CONGRESS 
2D SESSION 
H. R. 7946 
IN THE SENATE OF THE UNITED STATES 
DECEMBER 7, 2022 
Received; read twice and referred to the Committee on the Judiciary 
AN ACT 
To provide benefits for noncitizen members of the Armed 
Forces, and for other purposes. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
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SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Veteran Service Rec-
ognition Act of 2022’’. 
SEC. 2. STUDY AND REPORT ON NONCITIZEN VETERANS 
REMOVED FROM THE UNITED STATES. 
(a) STUDY REQUIRED.—Not later than 1 year after 
the date of the enactment of this Act, the Secretary of 
Defense, the Secretary of Homeland Security, and the 
Secretary of Veterans Affairs shall jointly carry out a 
study on noncitizen veterans and noncitizen former mem-
bers of the Armed Forces who were removed from the 
United States during the period beginning on January 1, 
1990, and ending on the date of the enactment of this 
Act, which shall include the following: 
(1) The number of noncitizens removed by U.S. 
Immigration and Customs Enforcement or the Im-
migration and Naturalization Service during the pe-
riod covered by the report who served in the Armed 
Forces for an aggregate period of more than 180 
days. 
(2) For each noncitizen described in paragraph 
(1)— 
(A) the country of nationality or last habit-
ual residence of the noncitizen; 
(B) the total length of time the noncitizen 
served as a member of the Armed Forces; 
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(C) each ground on which the noncitizen 
was ordered removed under section 237(a) of 
the Immigration and Nationality Act (8 U.S.C. 
1227(a)) or section 212(a) of the Immigration 
and Nationality Act (8 U.S.C. 1182(a)), as ap-
plicable; and 
(D) whether the noncitizen appealed the 
removal order to the Board of Immigration Ap-
peals. 
(3) Each of the following enumerations: 
(A) The number of noncitizens described in 
paragraph (1) who were discharged or released 
from service under honorable conditions. 
(B) The number of noncitizens described 
in paragraph (1) who were discharged or re-
leased from service under other than honorable 
conditions. 
(C) The number of noncitizens described in 
paragraph (1) who were deployed overseas. 
(D) The number of noncitizens described 
in paragraph (1) who served on active duty in 
the Armed Forces in an overseas contingency 
operation. 
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(E) The number of noncitizens described 
in paragraph (1) who were awarded decorations 
or medals. 
(F) The number of noncitizens described 
in paragraph (1) who applied for benefits under 
laws administered by the Secretary of Veterans 
Affairs. 
(G) The number of noncitizens described 
in paragraph (1) who receive benefits described 
in subparagraph (F). 
(4) A description of the reasons preventing any 
of the noncitizens who applied for benefits described 
in paragraph (3)(F) from receiving such benefits. 
(b) REPORT.—Not later than 90 days after the date 
of the completion of the study required under subsection 
(a), the Secretary of Defense, the Secretary of Homeland 
Security, and the Secretary of Veterans Affairs shall joint-
ly submit a report containing the results of such study 
to the appropriate congressional committees. 
SEC. 3. INFORMATION SYSTEM ON VETERANS SUBJECT TO 
REMOVAL. 
(a) ESTABLISHMENT.—Not later than 180 days after 
the date of the enactment of this Act, the Secretary of 
Homeland Security shall create— 
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(1) a protocol for identifying noncitizens who 
are or may be veterans; and 
(2) a system for maintaining information about 
noncitizen veterans identified pursuant to the pro-
tocol created under paragraph (1) and information 
provided by the Under Secretary of Defense for Per-
sonnel and Readiness under section 4(d). 
(b) INFORMATION SHARING.—The system shall be 
shared across all components of the Department of Home-
land Security, including Enforcement and Removal Oper-
ations, the Office of the Principal Legal Advisor, Home-
land Security Investigations, and the Military Family Im-
migration Advisory Committee. 
(c) CONSIDERATION
OF VETERAN STATUS.—The 
Secretary of Homeland Security shall ensure that, in the 
case of any noncitizen veteran who is potentially remov-
able, and in any removal proceeding against such a noncit-
izen veteran, information available under this system is 
taken into consideration, including for purposes of any ad-
judication on the immigration status of such veteran. 
(d) USE OF SYSTEM REQUIRED.—The Secretary of 
Homeland Security may not initiate removal proceedings 
against an individual prior to using the system established 
under subsection (a) to attempt to determine whether the 
individual is a veteran. If the Secretary of Homeland Se-
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curity determines that such an individual is or may be a 
veteran, the Secretary shall notify the Military Family Im-
migration Advisory Committee concurrently upon initi-
ating removal proceedings against such individual. 
(e) TRAINING.—Beginning in the first fiscal year that 
begins after the Secretary of Homeland Security completes 
the requirements under subsection (a), personnel of U.S. 
Immigration and Customs Enforcement shall participate, 
on an annual basis, in a training on the protocol developed 
under this section. 
SEC. 4. MILITARY FAMILY IMMIGRATION ADVISORY COM-
MITTEE. 
(a) ESTABLISHMENT.—Not later than 180 days after 
the date of the enactment of this Act, the Secretary of 
Homeland Security shall establish an advisory committee, 
to be known as the ‘‘Military Family Immigration Advi-
sory Committee’’, to provide recommendations to the Sec-
retary of Homeland Security on the exercise of discretion 
in any case involving removal proceedings for— 
(1) a member of the Armed Forces; 
(2) a veteran; or 
(3) a covered family member. 
(b) MEMBERSHIP.—The Advisory Committee shall be 
composed of 9 members, appointed by the Secretary of 
Homeland Security. 
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(c) CASE REVIEWS.— 
(1) IN GENERAL.—Not later than 30 days after 
the Advisory Committee identifies or is notified 
about the case of an individual described in sub-
section (a), the Advisory Committee shall meet to re-
view the case and to provide a written recommenda-
tion to the Secretary of Homeland Security on 
whether— 
(A) an exercise of discretion is warranted, 
including— 
(i) 
termination 
of 
removal 
pro-
ceedings; 
(ii) parole; 
(iii) deferred action; 
(iv) a stay of removal; 
(v) administrative closure; or 
(vi) authorization to apply for any 
other form of relief; or 
(B) to continue seeking the removal of 
such individual. 
(2) SUBMISSION
OF
INFORMATION.—An indi-
vidual who is the subject of a case review under 
paragraph (1) may submit information to the Advi-
sory Committee, and the Advisory Committee shall 
consider such information. 
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(3) PROCEDURES.—In conducting each case re-
view under paragraph (1), the Advisory Committee 
shall consider, as factors weighing in favor of a rec-
ommendation under paragraph (1)(A)— 
(A) with respect to a member of the 
Armed Forces, whether the individual— 
(i) was an enlisted member or officer 
of the Armed Forces; 
(ii) received a medal or decoration, 
was deployed, or was otherwise evaluated 
for merit in service during his or her serv-
ice in the Armed Forces; 
(iii) is a national of a country that 
prohibits repatriation of an individual after 
any service in the Armed Forces; or 
(iv) contributed to his or her local 
community during his or her service in the 
Armed Forces; 
(B) with respect to a veteran, whether the 
individual— 
(i) was an enlisted member or officer 
of the Armed Forces; 
(ii) completed a period of service in 
the Armed Forces and was discharged 
under conditions other than dishonorable; 
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(iii) received a medal or decoration, 
was deployed, or was otherwise evaluated 
for merit in service during his or her serv-
ice in the Armed Forces; 
(iv) is a national of a country that 
prohibits repatriation of an individual after 
any service in the Armed Forces of another 
country; or 
(v) contributed to his or her local 
community during or after his or her serv-
ice in the Armed Forces; and 
(C) with respect to a covered family mem-
ber, whether the individual— 
(i) supported a member of the Armed 
Forces serving on active duty or a veteran, 
including through financial support, emo-
tional support, or caregiving; or 
(ii) contributed to his or her local 
community during or after the military 
service of the member or of the veteran. 
(4) PRECLUDING FACTOR.—In conducting each 
case review under paragraph (1), the Advisory Com-
mittee shall consider, as a factor requiring a rec-
ommendation under paragraph (1)(B), whether the 
member of the Armed Forces, veteran, or covered 
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family member has been convicted of 5 offenses for 
driving while intoxicated (including a conviction 
under the influence of or impaired by alcohol or 
drugs), unless the conviction is older than 25 years. 
(d) BRIEFINGS
ON NONCITIZEN VETERANS.—The 
Under Secretary of Defense for Personnel and Readiness 
shall provide detailed briefings to the Advisory Committee 
regarding the service of a noncitizen veteran when that 
individual’s case is being considered by the Advisory Com-
mittee. 
(e) BRIEFINGS ON ACTIONS IN RESPONSE TO REC-
OMMENDATIONS.—Not less frequently than quarterly, the 
Secretary of Homeland Security shall provide detailed 
briefings to the Advisory Committee regarding actions 
taken in response to the recommendations of the Advisory 
Committee, including detailed explanations for any cases 
in which a recommendation of the Advisory Committee 
was not followed. 
(f) TRANSFER OF CASE FILES.—For any individual 
with respect to whom the Advisory Committee is con-
ducting a case review under this section, the Secretary of 
Defense and Secretary of Homeland Security shall provide 
to the Advisory Committee a copy of any available record 
pertaining to that individual, including such individual’s 
alien file, that is relevant to the case review. 
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(g) LIMITATION
ON
REMOVAL.—Notwithstanding 
any other provision of law, an individual described in sub-
section (a) may not be ordered removed until the Advisory 
Committee has provided a recommendation with respect 
to that individual to the Secretary of Homeland Security. 
(h) LIMITATION
ON ELIGIBILITY
FOR CASE RE-
VIEW.—An individual who is inadmissible based on a con-
viction of an aggravated felony described in subparagraph 
(A) of section 101(a)(43) of the Immigration and Nation-
ality Act (8 U.S.C. 1101(a)(43)) shall be ineligible for a 
case review under this section. 
SEC. 5. PROGRAM OF CITIZENSHIP THROUGH MILITARY 
SERVICE. 
(a) IN GENERAL.— 
(1) PROGRAM ESTABLISHED.—The Secretary of 
Homeland Security, acting through the Director of 
U.S. Citizenship and Immigration Services, and in 
coordination with the Secretary of Defense, shall 
jointly implement a program to ensure that— 
(A) each eligible noncitizen is afforded the 
opportunity to file an application for naturaliza-
tion at any point on or after the first day of 
service on active duty or first day of service as 
a member of the Selected Reserve pursuant to 
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section 329 of the Immigration and Nationality 
Act (8 U.S.C. 1440); and 
(B) the duly authenticated certification (or 
any other successor form) required under sec-
tion 329(b)(3) of the Immigration and Nation-
ality Act (8 U.S.C. 1140(b)(3)) is issued to 
each noncitizen not later than 30 days after the 
individual makes a request for such certifi-
cation. 
(2) ELIGIBLE
NONCITIZEN.—For purposes of 
this subsection, the term ‘‘eligible noncitizen’’ means 
a noncitizen who serves or has served in the Armed 
Forces of the United States during any period that 
the President by Executive order designates as a pe-
riod during which the Armed Forces of the United 
States are or were engaged in military operations in-
volving armed conflict with a hostile foreign force. 
(b) JAG TRAINING.—The Secretary of Defense shall 
ensure that appropriate members of the Judge Advocate 
General Corps of each Armed Force receive training to 
function as liaisons with U.S. Citizenship and Immigration 
Services with respect to applications for citizenship of non-
citizen members of the Armed Forces. 
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(c) TRAINING FOR RECRUITERS.—The Secretary of 
Defense shall ensure that all recruiters in the Armed 
Forces receive training regarding— 
(1) the steps required for a noncitizen member 
of the Armed Forces to receive citizenship; 
(2) limitations on the path to citizenship for 
family members of such individuals; and 
(3) points of contact at the Department of 
Homeland Security to resolve emergency immigra-
tion-related situations with respect to such individ-
uals and their family members. 
(d) ANNUAL REPORTS.—The Secretary of each mili-
tary department shall annually submit to the appropriate 
congressional committees a report on the number of all 
noncitizens who enlisted or were appointed in the military 
department concerned, all members of the Armed Forces 
in their department who naturalized, and all members of 
the Armed Forces in their department who were dis-
charged or released without United States citizenship 
under the jurisdiction of such Secretary during the pre-
ceding year. 
(e) FURTHER FACILITATION NATURALIZATION FOR 
MILITARY PERSONNEL IN CONTINGENCY OPERATIONS.— 
Any person who has served honorably as a member of the 
Armed Forces of the United States in support of a contin-
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gency operation (as defined in section 101(a)(13) of title 
10, United States Code), and who, if separated from the 
Armed Forces, was separated under honorable conditions, 
may be naturalized as provided in section 329 of the Im-
migration and Nationality Act (8 U.S.C. 1440) as though 
the person had served during a period designated by the 
President under such section. 
(f) NATURALIZATION THROUGH SERVICE
IN
THE 
ARMED FORCES OF THE UNITED STATES.—Section 328 
of the Immigration and Nationality Act (8 U.S.C. 1439) 
is amended— 
(1) in subsection (a), by striking ‘‘six months’’ 
and inserting ‘‘one year’’; and 
(2) in subsection (d), by striking ‘‘six months’’ 
and inserting ‘‘one year’’. 
SEC. 6. INFORMATION FOR MILITARY RECRUITS REGARD-
ING NATURALIZATION THROUGH SERVICE IN 
THE ARMED FORCES. 
The Secretary of Defense, in coordination with the 
Secretary of Homeland Security, shall ensure that there 
is stationed or employed at each Military Entrance Proc-
essing Station— 
(1) an employee of U.S. Citizenship and Immi-
gration Services; or 
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