[Congressional Record Volume 156, Number 150 (Wednesday, November 17, 2010)]
[Senate]
[Pages S7971-S7978]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
STATEMENTS ON INTRODUCED BILLS AND JOINT RESOLUTIONS
By Mr. KERRY (for himself, Mr. Dodd, Mr. Casey, and Mr.
Bingaman):
S. 3950. A bill to amend title XVIII of the Social Security Act to
provide for the application of a consistent Medicare part B premium for
all Medicare beneficiaries for 2011; to the Committee on Finance.
Mr. KERRY. Mr. President, the Centers for Medicare and Medicaid
Services, CMS, recently announced that nearly three-quarters of
Medicare enrollees will see no increase in their Medicare Part B
premium in 2011.
This group of beneficiaries is protected by a ``hold harmless''
provision in the law for years when there is no increase in Social
Security checks. As a result, these beneficiaries will continue to pay
the same monthly premium of $96.40 that they have paid since 2008.
Unfortunately, 27 percent of Medicare beneficiaries do not receive
this ``hold-harmless'' protection and will see their monthly premiums
disproportionately increase to $115.40 to shoulder the full load for
those beneficiaries who are held harmless. This represents an increase
of nearly 19 percent over the past two years with no cost of living
adjustment to their retirement pensions or annuities.
This inequity in the law negatively affects new Medicare enrollees,
low-income beneficiaries who receive Medicare and Medicaid, higher
income enrollees who already pay higher premiums, and seniors who do
not receive Social Security, such as federal, state, and local
government retirees.
I believe we have a responsibility to protect all Medicare
beneficiaries from premium increase, especially during these tough
economic times when every penny counts. A premium increase for many
seniors would mean choosing between food and medicine and that's a
choice they should not have to make.
That is why today I am introducing the Medicare Premium Fairness Act.
This legislation would restore fairness to our Medicare system and put
money in the pockets of 12 million seniors and individuals with
disabilities who desperately need it. It would correct this inequity in
the law by applying the ``hold harmless'' provision to all Medicare
beneficiaries, so that no enrollee will pay a monthly premium more than
$96.40 in 2011.
The Medicare Premium Fairness Act is cosponsored by Senator Dodd and
Senator Casey, both of whom have been integral to the development of
this legislation. Our legislation is supported by twenty four
organizations that represent retirees and senior citizens across the
country. I would like to thank all of the number of organizations who
have endorsed our legislation today, including the American Federation
of State, County and Municipal Employees, AFSCME, the National Active
and Retired Federal Employees Association, NARFE, and the National
Committee to Preserve Social Security and Medicare, NCPSSM.
Now is the time to protect all Medicare beneficiaries from
substantial and unfair Part B premium increases next year. I look
forward to working with my colleagues in the Senate to pass the
Medicare Premium Fairness Act before the end of the year.
______
By Mr. AKAKA:
S. 3953. A bill to amend title 38, United States Code, to provide
benefits for children with spina bifida of veterans exposed to
herbicides while serving in the Armed Forces during the Vietnam era
outside Vietnam, and for other purposes; to the Committee on Veterans'
Affairs.
Mr. AKAKA. Mr. President, as chairman of the Senate Committee on
Veterans' Affairs, today, I am introducing legislation that would
expand an existing VA benefit program for certain children with spina
bifida. These benefits are currently provided under chapter 18 of title
38, United States Code, to the natural children of veterans who were
exposed to herbicides such as Agent Orange, in Vietnam or near the
Demilitarized Zone, DMZ, in Korea during the Vietnam era.
Current law provides benefits for the natural children of veterans
exposed to herbicides only if the veteran served in a specific
location, during a specific time frame. VA reports that 1,222 childen
currently receive these benefits and that only 10 of these receive them
based on the service of a parent who served in outside of Vietnam.
However, VA has conceded that certain veterans who worked on the
perimeter of Air Force bases in Thailand outside of the locations
provided in current law during the Vietnam era were exposed to
herbicides. As a result, children of those veterans suffering from
spina bifida are excluded from the benefits provided based solely on
where the exposure occurred.
The legislation I am introducing today would correct this inequity.
Because only a very small number of children whose veteran parent
served outside of Vietnam currently receive benefits, I expect only a
small number of children would qualify for benefits under this bill.
However, it is an inequity that should be remedied.
I urge our colleagues to support this bill and provide the exact same
benefit to all children who have spina bifida related to the veteran
parent's exposure to herbicides regardless of the location of their
parent's exposure.
______
By Mr. BEGICH:
S. 3955. A bill to amend title 10, United States Code, to authorize
space-available travel on military aircraft for members of the reserve
components, a member or former member of a reserve component who is
eligible for retired pay but for age, widows and widowers of retired
members, and dependents; to the Committee on Armed Services.
Mr. BEGICH. Mr. President, today I am introducing the Space Available
Equity Act.
Members and retirees of the National Guard and Reserve, their
families, and surviving military spouses make great sacrifices for our
Nation. However, too often these individuals do not receive the
benefits they have earned for their service.
For instance, members of the reserve components and ``gray area''
retirees, National Guardsmen or Reservists eligible for retirement but
under the age of 60, have limited space-available travel privileges on
Department of Defense aircraft under current regulation. Their space-
available travel benefits are restricted to the continental United
States and are not extended to their dependents, unlike active duty
members and retirees.
Surviving spouses of a military member eligible for retired pay
retain no space-available travel privileges at all after the death of
their spouse, despite having made a lifetime commitment to the military
or in many cases, lost their loved one in war.
To correct these inequities, I am introducing the National Guard,
Reserve, Gray Area Retiree, and Surviving Spouse Space-available Travel
Equity Act. This bill will give these deserving individuals
comprehensive and equitable space-available travel privileges on
Department of Defense aircraft. The bill is endorsed by the National
Guard Association of the United States.
I urge my colleagues to join me in giving parity to our reserve
component members and surviving military spouses.
Mr. President, I ask unanimous consent that the text of the bill be
printed in the Record.
There being no objection, the text of the bill was ordered to be
printed in the Record, as follows:
S. 3955
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 ``National Guard, Reserve,
``Gray Area'' Retiree, and Surviving Spouses Space-available
Travel Equity Act of 2010''.
SEC. 2. ELIGIBILITY OF RESERVE MEMBERS, GRAY-AREA RETIREES,
WIDOWS AND WIDOWERS OF RETIRED MEMBERS, AND
DEPENDENTS FOR SPACE-AVAILABLE TRAVEL ON
MILITARY AIRCRAFT.
(a) Eligibility.--Chapter 157 of title 10, United States
Code, is amended by inserting after section 2651 the
following new section:
``Sec. 2652. Space-available travel on department of defense
aircraft: reserve members, reserve members eligible for
retired pay but for age; widows and widowers of retired
members and dependents
``(a) Reserve Members.--A member of a reserve component
holding a valid Uniformed Services Identification and
Privilege Card shall be provided transportation on Department
of Defense aircraft, on a space-available basis, on the same
basis as active
[[Page S7972]]
duty members of the uniformed services under any other
provision of law or Department of Defense regulation.
``(b) Reserve Retirees Under Applicable Eligibility Age.--A
member or former member of a reserve component who, but for
being under the eligibility age applicable to the member
under section 12731 of this title, otherwise would be
eligible for retired pay under chapter 1223 of this title
shall be provided transportation on Department of Defense
aircraft, on a space-available basis, on the same basis as
members of the armed forces entitled to retired pay under any
other provision of law or Department of Defense regulation.
``(c) Widows and Widowers of Retired Members.--
``(1) In general.--An unremarried widow or widower of a
member of the armed forces described in paragraph (2) shall
be provided transportation on Department of Defense aircraft,
on a space-available basis, on the same basis as members of
the armed forces entitled to retired pay under any other
provision of law or Department of Defense regulation.
``(2) Members covered.--A member of the armed forces
referred to in paragraph (1) is a member who--
``(A) is entitled to retired pay;
``(B) dies in line of duty while on active duty and is not
eligible for retired pay; or
``(C) in the case of a member of a reserve component, dies
as a result of a line of duty condition and is not eligible
for retired pay.
``(d) Dependents.--A dependent of a member or former member
described in either subsections (a) or (b) or of a deceased
member entitled to retired pay holding a valid Uniformed
Services Identification and Privilege Card and a surviving
unremarried spouse and the surviving dependent of a deceased
member or former member described in subsection (b) holding a
valid Uniformed Services Identification and Privilege Card
shall be provided transportation on Department of Defense
aircraft, on a space-available basis, if the dependent is
accompanying the member or, in the case of a deceased member,
is the surviving unremarried spouse of the deceased member or
is a dependent accompanying the surviving unremarried spouse
of the deceased member.
``(e) Definition of Dependent.--In this section, the term
`dependent' has the meaning given that term in section 1072
of this title.''.
(b) Clerical Amendment.--The table of sections at the
beginning of such chapter is amended by inserting after the
item relating to section 2651 the following new item:
``2652. Space-available travel on department of defense aircraft:
reserve members, reserve members eligible for retired pay
but for age; widows and widowers of retired members and
dependents.''.
______
By Mr. BEGICH:
S. 3956. A bill to amend title 10, United States Code, to permit the
use of commissary and exchange facilities by former members of the
Armed Forces who were retired or separated for physical disability; to
the Committee on Armed Services.
Mr. BEGICH. Mr. President, I am introducing a bill to provide
medically separated servicemembers and their family continued access to
commissaries and exchanges. Unfortunately, these individuals lose many
benefits upon their honorable discharge from the military for
disabilities and injuries which prevent them continuing service.
These servicemembers have served their country dutifully. They have
earned the right to retain commissary and exchange privileges after
being honorably discharged for disabilities that prevent further
service and may preclude certain types of employment thus hindering
their ability to provide for their families.
My legislation will give commissary and exchange privileges to
individuals medically separated from the military to ease economic
hardships faced after their discharge. Additionally, by granting
commissary and exchange privileges to these Soldiers, Sailors, Airmen,
and Marines they will be able to stay connected to their military
communities.
This legislation is supported by the National Guard Association of
the United States. I hope my colleagues will join me in this effort to
honor and recognize the sacrifices of our disabled servicemembers.
Mr. President, I ask unanimous consent that the text of the bill be
printed in the Record.
There being no objection, the text of the bill was ordered to be
printed in the Record, as follows:
S. 3956
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
SECTION 1. USE OF COMMISSARY AND EXCHANGE FACILITIES BY
FORMER MEMBERS OF THE ARMED FORCES WHO WERE
RETIRED OR SEPARATED FOR PHYSICAL DISABILITY.
(a) In General.--Chapter 54 of title 10, United States
Code, is amended by inserting after section 1063 the
following new section:
``Sec. 1063a. Use of commissary stores and MWR retail
facilities: former members retired or separated for
physical disability
``(a) Eligibility of Former Members.--A former member of
the armed forces who was retired or separated from the armed
forces for physical disability under chapter 61 of this title
shall be permitted to use commissary stores and MWR retail
facilities on the same basis as members of the armed forces
on active duty.
``(b) MWR Retail Facility Defined.--In this section, the
term `MWR retail facility' has the meaning given that term in
section 1063(e) of this title.''.
(b) Clerical Amendment.--The table of sections at the
beginning of chapter 54 of such title is amended by inserting
after the item relating to section 1063 the following new
item:
``1063a. Use of commissary stores and MWR retail facilities: former
members retired or separated for physical disability.''.
______
By Mr. REED (for himself and Mr. Whitehouse):
S. 3957. A bill to establish a medical education trust fund, and for
other purposes; to the Committee on Finance.
Mr. REED. Mr. President, today I introduce the Graduate Medical
Education Reform Act of 2010 along with my colleague Senator
Whitehouse.
During my tenure in Congress, I have worked to ensure that medical
schools and teaching hospitals have adequate resources to train the
next generation of doctors. I have championed legislation to improve
the financing of GME payments to teaching hospitals and annually
spearhead efforts to increase grant funding for health professions
programs through the appropriations process. In addition, the new
health insurance reform law contains an entire title of workforce
provisions, many of which I helped to write. The consistent goal of
these efforts has been to support our future health care workforce and
improve the care that patients receive. The GME Reform Act is an
extension of those efforts.
The legislation challenges recent statements by some experts that
Medicare overpays teaching hospitals to train medical residents by
increasing federal oversight of medical residency programs. For most
teaching hospitals, which incur higher costs than other hospitals, this
funding is essential to support residency programs and provide high-
quality patient care. In addition, now is not the time to starve these
important programs of the funding necessary to train our future health
care workforce since 30 million more Americans will gain access to
health insurance in 2014.
First, the legislation would enhance GME payment transparency. New
information about the amount of GME funding that teaching hospitals
receive respective to the costs to remain operational would demonstrate
that more could be done to support these important programs.
The GME Reform Act would also ensure that teaching hospitals and
residency programs spend GME funding to train residents in new models
of care and updated technology. Some medical residents, including those
in my state, are already trained in these areas, but that is not the
case in programs throughout the country. This legislation would
encourage reform in every program by linking three percent of indirect
medical education payments to teaching hospitals to the performance of
residency programs. Medical colleges, accrediting bodies, and other
stakeholders that are most familiar with how to train residents would
set the specific performance measures. This new oversight would help to
break down the silos in medicine and ensure that physicians work
together to provide patients with comprehensive health care.
These are important and sensible reforms. As I said, many programs
throughout the country have already acted in this manner. But, since it
is often most effective to have a reasonable balance of oversight and
incentives, this legislation would provide a bonus payment to programs
that train at least one-third of all residents in primary care.
In addition, this legislation would transform the way that children's
hospitals receive payments for training the future health care
workforce by
[[Page S7973]]
taking those payments out of the discretionary appropriations process
and providing mandatory, stable funding every year through a new trust
fund.It would also extend residency training funds to children's
psychiatric hospitals and women and infants hospitals. There are just a
handful of hospitals around the country that fall in these two
categories, including two in Rhode Island. Indeed, they should also
have access to the resources necessary to support the training of
residents.
I am pleased that the GME Reform Act is supported by the only medical
school in my state, the Warren Alpert Medical School of Brown
University.
My colleagues, Leader Reid, Senator Nelson of Florida, and Senator
Schumer have also taken great interest in supporting our future health
care workforce by championing legislation to increase the number of
physicians trained each year. This effort is vitally important to
ending the shortage of primary care providers in many areas, responding
to the increased demand of a growing and aging population, and
preparing for the implementation of the new health insurance reform
law. I look forward to continuing to support their efforts and working
with them on the GME Reform Act as well.
Mr. President, I ask unanimous consent that the text of the bill be
printed in the Record.
There being no objection, the text of the bill was ordered to be
printed in the Record, as follows:
S. 3957
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Graduate
Medical Education Reform Act of 2010''.
(b) Table of Contents.--The table of contents of this Act
is as follows:
Sec. 1. Short title; table of contents.
Sec. 2. Medicare indirect medical education performance adjustment and
primary care training bonus.
Sec. 3. Payments for graduate medical education to hospitals not
otherwise eligible for payments under the Medicare
program.
Sec. 4. Increasing graduate medical education transparency.
Sec. 5. Establishment of trust fund.
Sec. 6. Partial financing for trust fund from fees on insured and self-
insured health plans.
SEC. 2. MEDICARE INDIRECT MEDICAL EDUCATION PERFORMANCE
ADJUSTMENT AND PRIMARY CARE TRAINING BONUS.
Section 1886(d)(5)(B) of the Social Security Act (42 U.S.C.
1395ww(d)(1)(B)) is amended--
(1) by redesignating the clause (x) as added by section
5505(b) of the Patient Protection and Affordable Care Act as
clause (xi); and
(2) by adding at the end the following new clauses:
``(xii) Adjustment for performance.--
``(I) In general.--The Secretary shall establish and
implement procedures under which the amount of payments that
a hospital would otherwise receive for indirect medical
education costs under this subparagraph for discharges
occurring during an applicable period is adjusted based on
the performance of the hospital on measures of health care
work force priorities specified by the Secretary.
``(II) Measures.--The measures of health care workforce
priorities specified by the Secretary under this clause shall
include the extent of training provided in--
``(aa) primary care (as defined in subclause (VII)),
excluding fellowships;
``(bb) a variety of settings and systems;
``(cc) the coordination of patient care across settings;
``(dd) the relevant cost and value of various diagnostic
and treatment options;
``(ee) interprofessional and multidisciplinary care teams;
``(ff) methods for identifying system errors and
implementing system solutions; and
``(gg) the use of health information technology.
``(III) Measure development procedures.--
``(aa) In general.--The measures of health care workforce
priorities specified by the Secretary under this clause shall
be measures that have been adopted or endorsed by a consensus
organization (such as the Accreditation Council for Graduate
Medical Education or the Commission on Osteopathic College
Accreditation), that include measures that have been
submitted by teaching hospitals and medical schools, and that
the Secretary identifies as having used a consensus-based
process for developing such measures.
``(bb) Proposed set of measures.--Not later than January 1,
2013, the Secretary shall publish in the Federal Register a
proposed set of measures for use under this clause. The
Secretary shall provide for a period of public comment on
such measures.
``(cc) Final set of measures.--Not later than June 30,
2013, the Secretary shall publish in the Federal Register the
set of measures to be specified by the Secretary for use
under this clause.
``(IV) Adjustment.--Subject to subclause (V), the Secretary
shall determine the amount of any adjustment under this
clause to payments to a hospital under this subparagraph in
an applicable period. Such adjustment may not exceed an
amount equal to 3 percent of the total amount that the
hospital would otherwise receive under this subparagraph in
such period.
``(V) Budget neutral.--In making adjustments under this
clause, the Secretary shall ensure that the total amount of
payments made to all hospitals under this subparagraph for an
applicable period is equal to the total amount of payments
that would have been made to such hospitals under this
subparagraph in such period if this clause and clause
(xii)(III) had not been enacted.
``(VI) Primary care defined.--In this clause, the term
`primary care' means family medicine, general internal
medicine, general pediatrics, preventive medicine, obstetrics
and gynecology, and psychiatry.
``(VII) Applicable period defined.--In this clause, the
term `applicable period' means the 12-month period beginning
on July 1 of each year (beginning with 2013).
``(xiii) Bonus payment for training in primary care.--
``(I) In general.--Subject to subclause (III), in the case
of discharges occurring during an applicable period, in
addition to the amount of payments that a hospital receives
for indirect medical education costs under this subparagraph
for such discharges (determined after any adjustment under
clause (xii)), there shall also be paid to the hospital an
amount equal to 1 percent of such payments if, during such
applicable period, at least 33 percent of full-time
equivelent residents (excluding fellowships) enrolled in the
hospital's medical residency training programs were enrolled
in medical residency training programs in primary care (as
defined in clause (xii)(VI)).
``(II) Payments from medical education trust fund.--
Payments to hospitals under subclause (I) shall be made from
the Medical Education Trust Fund under section 9512 of the
Internal Revenue Code of 1986.
``(III) Limitation.--The total of the payments made to
eligible hospitals under subclause (I) with respect to an
applicable period shall not exceed an amount equal to the
funds appropriated to such Trust Fund under subsection (b)(1)
of such section 9512 for the fiscal year ending on September
30 of such applicable period.''.
SEC. 3. PAYMENTS FOR GRADUATE MEDICAL EDUCATION TO HOSPITALS
NOT OTHERWISE ELIGIBLE FOR PAYMENTS UNDER THE
MEDICARE PROGRAM.
Title XVIII of the Social Security Act (42 U.S.C. 1395 et
seq.) is amended by adding at the end the following new
section:
``graduate medical education payments for hospitals not otherwise
eligible
``Sec. 1899B. (a) Program.--
``(1) In general.--The Secretary shall establish a program
under which payments are made to eligible hospitals for each
applicable period for direct expenses and indirect expenses
associated with operating approved graduate medical residency
training programs.
``(2) Requirements.--Under the program under paragraph (1),
the provisions of section 340E of the Public Health Service
Act shall apply to payments to eligible hospitals in a
similar manner as such provisions apply to payments to
children's hospitals under such section 340E, except that--
``(A) payments to eligible hospitals under the program
shall be made from the Medical Education Trust Fund under
section 9512 of the Internal Revenue Code of 1986; and
``(B) the total of the payments made to eligible hospitals
under the program in an applicable period shall not exceed an
amount equal to--
``(i) the funds appropriated to such Trust Fund under
subsection (b)(1) of such section 9512 for the fiscal year
ending on September 30 of such applicable period; minus
``(ii) the total amount of payments made to hospitals under
section 1886(d)(5)(B)(xiii) in applicable period.
``(b) Eligible Hospital Defined.--In this section, the term
`eligible hospital' means the following hospitals:
``(1) A children's hospital (as defined in section
340E(g)(2) of the Public Health Service Act).
``(2) A freestanding psychiatric hospital that has--
``(A) 90 percent or more inpatients under the age of 18;
``(B) its own Medicare provider number as of December 6,
1999; and
``(C) an accredited residency program.
``(3) A hospital--
``(A) that annually has at least 3,000 births;
``(B) for which less than 4 percent of the total annual
discharges from the hospital are Medicare discharges of
individuals who, as of the time of the discharge--
``(i) were entitled to, or enrolled for, benefits under
part A; and
``(ii) were not enrolled in--
``(I) a Medicare Advantage plan under part C;
``(II) an eligible organization under section 1876; or
``(III) a PACE program under section 1894;
``(C) that has its own Medicare provider number; and
``(D) that has an accredited residency program.
[[Page S7974]]
``(c) Applicable Period Defined.--In this section, the term
`applicable period' has the meaning given that term in
section 1886(d)(5)(B)(xii)(VII).
``(d) Regulations.--The Secretary shall promulgate
regulations to carry out this section.''.
SEC. 4. INCREASING GRADUATE MEDICAL EDUCATION TRANSPARENCY.
(a) In General.--Not later than 2 years after the date of
the enactment of this Act, and annually thereafter, the
Secretary of Health and Human Services shall submit to
Congress and the National Health Care Workforce Commission
under section 5101 of the Patient Protection and Affordable
Care Act a report on the graduate medical education payments
that hospitals receive under the Medicare program. The report
shall include the following information with respect to each
hospital that receives such payments:
(1) The direct graduate medical education payments made to
the hospital under section 1886(h) of the Social Security Act
(42 U.S.C. 1395ww(h)).
(2) The indirect medical education payments made to the
hospital under section 1886(d)(5)(B) of such Act (42 U.S.C.
1395ww(d)(1)(B)).
(3) The number of residents counted for purposes of making
the payments described in paragraph (1).
(4) The number of residents counted for purposes of making
the payments described in paragraph (2).
(5) The number of residents, if any, that are not counted
for purposes of making payments described in paragraph (1).
(6) The number of residents, if any, that are not counted
for purposes of making payments described in paragraph (2).
(7) The percent that the payments described in paragraphs
(1) and (2) that are made to the hospital make up of the
total costs that the hospital incurs in providing graduate
medical education, including salaries, benefits, operational
expenses, and all other patient care costs.
SEC. 5. ESTABLISHMENT OF TRUST FUND.
(a) In General.--Subchapter A of chapter 98 of the Internal
Revenue Code of 1986 (relating to establishment of trust
funds) is amended by adding at the end the following new
section:
``SEC. 9512. MEDICAL EDUCATION TRUST FUND.
``(a) Creation of Trust Fund.--There is established in the
Treasury of the United States a trust fund to be known as the
`Medical Education Trust Fund' (hereafter in this section
referred to as the `Trust Fund'), consisting of such amounts
as may be appropriated or credited to such Trust Fund as
provided in this section and section 9602(b).
``(b) Transfers to Fund.--
``(1) Appropriations.--There are hereby appropriated to the
Trust Fund in each fiscal year (beginning with fiscal year
2013) the sum of an amount equivalent to one-half (or, in the
case of fiscal year 2013, two-thirds) of the net revenues
received in the Treasury from the fees imposed under
subchapter B of chapter 34 (relating to fees on health
insurance and self-insured plans).
``(2) Limitation on transfers.--No amount may be
appropriated or transferred to the Trust Fund on and after
the date of any expenditure from the Trust Fund which is not
an expenditure permitted under this section. The
determination of whether an expenditure is so permitted shall
be made without regard to--
``(A) any provision of law which is not contained or
referenced in this chapter or in a revenue Act; and
``(B) whether such provision of law is a subsequently
enacted provision or directly or indirectly seeks to waive
the application of this paragraph.
``(c) Trustee.--The Secretary of Health and Human Services
shall be a trustee of the Trust Fund.
``(d) Expenditures From Trust Fund.--Amounts in the Trust
Fund are available, without further appropriation, to the
Secretary of Health and Human Services for making payments
under sections 1886(d)(5)(B)(xiii) and 1899B of the Social
Security Act.
``(e) Net Revenues.--For purposes of this section, the term
`net revenues' means the amount estimated by the Secretary of
the Treasury based on the excess of--
``(1) the fees received in the Treasury under subchapter B
of chapter 34, over
``(2) the decrease in the tax imposed by chapter 1
resulting from the fees imposed by such subchapter.''.
(b) Clerical Amendment.--The table of sections for
subchapter A of chapter 98 of the Internal Revenue Code of
1986 is amended by adding at the end the following new item:
``Sec. 9512. Medical Education Trust Fund.''.
SEC. 6. PARTIAL FINANCING FOR TRUST FUND FROM FEES ON INSURED
AND SELF-INSURED HEALTH PLANS.
(a) Imposition of Fee.--Section 4375(a) of the Internal
Revenue Code of 1986 is amended--
(1) by striking ``$2'' and inserting ``$4''; and
(2) by striking ``$1'' and inserting ``$3''.
(b) Conforming Amendment to the Patient-Centered Outcomes
Research Trust Fund.--Section 9511(b)(1)(E) of the Internal
Revenue Code of 1986 is amended by inserting ``one-half (or,
in the case of fiscal year 2013, one-third) of'' after
``equivalent to''.
______
By Mr. DURBIN (for himself, Mr. Leahy, and Mr. Lugar):
S. 3962. A bill to authorize the cancellation of removal and
adjustment of status of certain alien students who are long-term United
States residents and who entered the United States as children and for
other purposes; read the first time.
Mr. DURBIN. Mr. President, I ask unanimous consent that the text of
the bill be printed in the Record.
There being no objection, the text of the bill was ordered to be
printed in the Record, as follows:
S. 3962
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 ``Development, Relief, and
Education for Alien Minors Act of 2010'' or the ``DREAM Act
of 2010''.
SEC. 2. TABLE OF CONTENTS.
The table of contents for this Act is as follows:
Sec. 1. Short title.
Sec. 2. Table of contents.
Sec. 3. Definitions.
Sec. 4. Cancellation of removal and adjustment of status of certain
long-term residents who entered the United States as
children.
Sec. 5. Conditional permanent resident status.
Sec. 6. Retroactive benefits under this Act.
Sec. 7. Exclusive jurisdiction.
Sec. 8. Penalties for false statements in application.
Sec. 9. Confidentiality of information.
Sec. 10. Higher Education assistance.
Sec. 11. GAO report.
SEC. 3. DEFINITIONS.
In this Act:
(1) Institution of higher education.--The term
``institution of higher education'' has the meaning given
that term in section 101 of the Higher Education Act of 1965
(20 U.S.C. 1001).
(2) Uniformed services.--The term ``uniformed services''
has the meaning given that term in section 101(a) of title
10, United States Code.
SEC. 4. CANCELLATION OF REMOVAL AND ADJUSTMENT OF STATUS OF
CERTAIN LONG-TERM RESIDENTS WHO ENTERED THE
UNITED STATES AS CHILDREN.
(a) Special Rule for Certain Long-term Residents Who
Entered the United States as Children.--
(1) In general.--Notwithstanding any other provision of law
and except as otherwise provided in this Act, the Secretary
of Homeland Security may cancel removal of, and adjust to the
status of an alien lawfully admitted for permanent residence,
subject to the conditional basis described in section 5, an
alien who is inadmissible or deportable from the United
States, if the alien demonstrates that--
(A) the alien has been physically present in the United
States for a continuous period of not less than 5 years
immediately preceding the date of enactment of this Act and
was younger than 16 years of age on the date the alien
initially entered the United States;
(B) the alien has been a person of good moral character
since the date of the enactment of this Act;
(C) the alien--
(i) is not inadmissible under paragraph (2), (3), (6)(E),
(10)(A), or (10)(C) of section 212(a) of the Immigration and
Nationality Act (8 U.S.C. 1182(a)); and
(ii) is not deportable under paragraph (1)(E), (2), or (4)
of section 237(a) of the Immigration and Nationality Act (8
U.S.C. 1227(a));
(D) the alien--
(i) has been admitted to an institution of higher education
in the United States; or
(ii) has earned a high school diploma or obtained a general
education development certificate in the United States;
(E) the alien has never been under a final administrative
or judicial order of exclusion, deportation, or removal,
unless the alien--
(i) has remained in the United States under color of law
after such order was issued; or
(ii) received the order before attaining the age of 16
years; and
(F) the alien was younger than 35 years of age on the date
of the enactment of this Act.
(2) Waiver.--Notwithstanding paragraph (1), the Secretary
of Homeland Security may waive the ground of ineligibility
under section 212(a)(6)(E) of the Immigration and Nationality
Act and the ground of deportability under paragraph (1)(E) of
section 237(a) of that Act for humanitarian purposes or
family unity or when it is otherwise in the public interest.
(3) Procedures.--The Secretary of Homeland Security shall
provide a procedure by regulation allowing eligible
individuals to apply affirmatively for the relief available
under this subsection without being placed in removal
proceedings.
(4) Deadline for submission of application.--An alien shall
submit an application for cancellation of removal or
adjustment of status under this subsection no later than the
date that is one year after the date the alien--
(A) was admitted to an institution of higher education in
the United States; or
(B) earned a high school diploma or obtained a general
education development certificate in the United States.
(b) Termination of Continuous Period.--For purposes of this
section, any period of
[[Page S7975]]
continuous residence or continuous physical presence in the
United States of an alien who applies for cancellation of
removal under this section shall not terminate when the alien
is served a notice to appear under section 239(a) of the
Immigration and Nationality Act (8 U.S.C. 1229(a)).
(c) Treatment of Certain Breaks in Presence.--
(1) In general.--An alien shall be considered to have
failed to maintain continuous physical presence in the United
States under subsection (a) if the alien has departed from
the United States for any period in excess of 90 days or for
any periods in the aggregate exceeding 180 days.
(2) Extensions for exceptional circumstances.--The
Secretary of Homeland Security may extend the time periods
described in paragraph (1) if the alien demonstrates that the
failure to timely return to the United States was due to
exceptional circumstances. The exceptional circumstances
determined sufficient to justify an extension should be no
less compelling than serious illness of the alien, or death
or serious illness of a parent, grandparent, sibling, or
child.
(d) Exemption From Numerical Limitations.--Nothing in this
section may be construed to apply a numerical limitation on
the number of aliens who may be eligible for cancellation of
removal or adjustment of status under this section.
(e) Regulations.--
(1) Proposed regulations.--Not later than 180 days after
the date of enactment of this Act, the Secretary of Homeland
Security shall publish proposed regulations implementing this
section. Such regulations shall be effective immediately on
an interim basis, but are subject to change and revision
after public notice and opportunity for a period for public
comment.
(2) Interim, final regulations.--Within a reasonable time
after publication of the interim regulations in accordance
with paragraph (1), the Secretary of Homeland Security shall
publish final regulations implementing this section.
(f) Removal of Alien.--The Secretary of Homeland Security
may not remove any alien who has a pending application for
conditional status under this Act.
SEC. 5. CONDITIONAL PERMANENT RESIDENT STATUS.
(a) In General.--
(1) Conditional basis for status.--Notwithstanding any
other provision of law, and except as provided in section 6,
an alien whose status has been adjusted under section 4 to
that of an alien lawfully admitted for permanent residence
shall be considered to have obtained such status on a
conditional basis subject to the provisions of this section.
Such conditional permanent resident status shall be valid for
a period of 6 years, subject to termination under subsection
(b).
(2) Notice of requirements.--
(A) At time of obtaining permanent residence.--At the time
an alien obtains permanent resident status on a conditional
basis under paragraph (1), the Secretary of Homeland Security
shall provide for notice to the alien regarding the
provisions of this section and the requirements of subsection
(c) to have the conditional basis of such status removed.
(B) Effect of failure to provide notice.--The failure of
the Secretary of Homeland Security to provide a notice under
this paragraph--
(i) shall not affect the enforcement of the provisions of
this Act with respect to the alien; and
(ii) shall not give rise to any private right of action by
the alien.
(b) Termination of Status.--
(1) In general.--The Secretary of Homeland Security shall
terminate the conditional permanent resident status of any
alien who obtained such status under this Act, if the
Secretary determines that the alien--
(A) ceases to meet the requirements of subparagraph (B) or
(C) of section 4(a)(1);
(B) has become a public charge; or
(C) has received a dishonorable or other than honorable
discharge from the uniformed services.
(2) Return to previous immigration status.--Any alien whose
conditional permanent resident status is terminated under
paragraph (1) shall return to the immigration status the
alien had immediately prior to receiving conditional
permanent resident status under this Act.
(c) Requirements of Timely Petition for Removal of
Condition.--
(1) In general.--In order for the conditional basis of
permanent resident status obtained by an alien under
subsection (a) to be removed, the alien must file with the
Secretary of Homeland Security, in accordance with paragraph
(3), a petition which requests the removal of such
conditional basis and which provides, under penalty of
perjury, the facts and information so that the Secretary may
make the determination described in paragraph (2)(A).
(2) Adjudication of petition to remove condition.--
(A) In general.--If a petition is filed in accordance with
paragraph (1) for an alien, the Secretary of Homeland
Security shall make a determination as to whether the alien
meets the requirements set out in subparagraphs (A) through
(E) of subsection (d)(1).
(B) Removal of conditional basis if favorable
determination.--If the Secretary determines that the alien
meets such requirements, the Secretary shall notify the alien
of such determination and immediately remove the conditional
basis of the status of the alien.
(C) Termination if adverse determination.--If the Secretary
determines that the alien does not meet such requirements,
the Secretary shall notify the alien of such determination
and terminate the conditional permanent resident status of
the alien as of the date of the determination.
(3) Time to file petition.--An alien may petition to remove
the conditional basis to lawful resident status during the
period beginning 180 days before and ending 2 years after
either the date that is 6 years after the date of the
granting of conditional permanent resident status or any
other expiration date of the conditional permanent resident
status as extended by the Secretary of Homeland Security in
accordance with this Act. The alien shall be deemed in
conditional permanent resident status in the United States
during the period in which the petition is pending.
(d) Details of Petition.--
(1) Contents of petition.--Each petition for an alien under
subsection (c)(1) shall contain information to permit the
Secretary of Homeland Security to determine whether each of
the following requirements is met:
(A) The alien has demonstrated good moral character during
the entire period the alien has been a conditional permanent
resident.
(B) The alien is in compliance with section 4(a)(1)(C).
(C) The alien has not abandoned the alien's residence in
the United States. The Secretary shall presume that the alien
has abandoned such residence if the alien is absent from the
United States for more than 365 days, in the aggregate,
during the period of conditional residence, unless the alien
demonstrates that the alien has not abandoned the alien's
residence. An alien who is absent from the United States due
to active service in the uniformed services has not abandoned
the alien's residence in the United States during the period
of such service.
(D) The alien has completed at least 1 of the following:
(i) The alien has acquired a degree from an institution of
higher education in the United States or has completed at
least 2 years, in good standing, in a program for a
bachelor's degree or higher degree in the United States.
(ii) The alien has served in the uniformed services for at
least 2 years and, if discharged, has received an honorable
discharge.
(E) The alien has provided a list of each secondary school
(as that term is defined in section 9101 of the Elementary
and Secondary Education Act of 1965 (20 U.S.C. 7801)) that
the alien attended in the United States.
(2) Hardship exception.--
(A) In general.--The Secretary of Homeland Security may, in
the Secretary's discretion, remove the conditional status of
an alien if the alien--
(i) satisfies the requirements of subparagraphs (A), (B),
and (C) of paragraph (1);
(ii) demonstrates compelling circumstances for the
inability to complete the requirements described in paragraph
(1)(D); and
(iii) demonstrates that the alien's removal from the United
States would result in exceptional and extremely unusual
hardship to the alien or the alien's spouse, parent, or child
who is a citizen or a lawful permanent resident of the United
States.
(B) Extension.--Upon a showing of good cause, the Secretary
of Homeland Security may extend the period of conditional
resident status for the purpose of completing the
requirements described in paragraph (1)(D).
(e) Treatment of Period for Purposes of Naturalization.--
For purposes of title III of the Immigration and Nationality
Act (8 U.S.C. 1401 et seq.), in the case of an alien who is
in the United States as a lawful permanent resident on a
conditional basis under this section, the alien shall be
considered to have been admitted as an alien lawfully
admitted for permanent residence and to be in the United
States as an alien lawfully admitted to the United States for
permanent residence. However, the conditional basis must be
removed before the alien may apply for naturalization.
SEC. 6. RETROACTIVE BENEFITS UNDER THIS ACT.
If, on the date of enactment of this Act, an alien has
satisfied all the requirements of subparagraphs (A) through
(E) of section 4(a)(1) and section 5(d)(1)(D), the Secretary
of Homeland Security may adjust the status of the alien to
that of a conditional resident in accordance with section 4.
The alien may petition for removal of such condition at the
end of the conditional residence period in accordance with
section 5(c) if the alien has met the requirements of
subparagraphs (A), (B), and (C) of section 5(d)(1) during the
entire period of conditional residence.
SEC. 7. EXCLUSIVE JURISDICTION.
(a) In General.--The Secretary of Homeland Security shall
have exclusive jurisdiction to determine eligibility for
relief under this Act, except where the alien has been placed
into deportation, exclusion, or removal proceedings either
prior to or after filing an application for relief under this
Act, in which case the Attorney General shall have exclusive
jurisdiction and shall assume all the powers and duties of
the Secretary until proceedings are terminated, or if a final
order of deportation, exclusion, or removal is entered the
Secretary shall resume all powers and duties delegated to the
Secretary under this Act.
(b) Stay of Removal of Certain Aliens Enrolled in Primary
or Secondary
[[Page S7976]]
School.--The Attorney General shall stay the removal
proceedings of any alien who--
(1) meets all the requirements of subparagraphs (A), (B),
(C), and (E) of section 4(a)(1);
(2) is at least 12 years of age; and
(3) is enrolled full time in a primary or secondary school.
(c) Employment.--An alien whose removal is stayed pursuant
to subsection (b) may be engaged in employment in the United
States consistent with the Fair Labor Standards Act (29
U.S.C. 201 et seq.) and State and local laws governing
minimum age for employment.
(d) Lift of Stay.--The Attorney General shall lift the stay
granted pursuant to subsection (b) if the alien--
(1) is no longer enrolled in a primary or secondary school;
or
(2) ceases to meet the requirements of subsection (b)(1).
SEC. 8. PENALTIES FOR FALSE STATEMENTS IN APPLICATION.
Whoever files an application for relief under this Act and
willfully and knowingly falsifies, misrepresents, or conceals
a material fact or makes any false or fraudulent statement or
representation, or makes or uses any false writing or
document knowing the same to contain any false or fraudulent
statement or entry, shall be fined in accordance with title
18, United States Code, or imprisoned not more than 5 years,
or both.
SEC. 9. CONFIDENTIALITY OF INFORMATION.
(a) Prohibition.--Except as provided in subsection (b), no
officer or employee of the United States may--
(1) use the information furnished by the applicant pursuant
to an application filed under this Act to initiate removal
proceedings against any persons identified in the
application;
(2) make any publication whereby the information furnished
by any particular individual pursuant to an application under
this Act can be identified; or
(3) permit anyone other than an officer or employee of the
United States Government or, in the case of applications
filed under this Act with a designated entity, that
designated entity, to examine applications filed under this
Act.
(b) Required Disclosure.--The Attorney General or the
Secretary of Homeland Security shall provide the information
furnished under this section, and any other information
derived from such furnished information, to--
(1) a duly recognized law enforcement entity in connection
with an investigation or prosecution of an offense described
in paragraph (2) or (3) of section 212(a) of the Immigration
and Nationality Act (8 U.S.C. 1182(a)), when such information
is requested in writing by such entity; or
(2) an official coroner for purposes of affirmatively
identifying a deceased individual (whether or not such
individual is deceased as a result of a crime).
(c) Penalty.--Whoever knowingly uses, publishes, or permits
information to be examined in violation of this section shall
be fined not more than $10,000.
SEC. 10. HIGHER EDUCATION ASSISTANCE.
Notwithstanding any provision of the Higher Education Act
of 1965 (20 U.S.C. 1001 et seq.), with respect to assistance
provided under title IV of the Higher Education Act of 1965
(20 U.S.C. 1070 et seq.), an alien who adjusts status to that
of a lawful permanent resident under this Act shall be
eligible only for the following assistance under such title:
(1) Student loans under parts B, D, and E of such title IV
(20 U.S.C. 1071 et seq., 1087a et seq., 1087aa et seq.),
subject to the requirements of such parts.
(2) Federal work-study programs under part C of such title
IV (42 U.S.C. 2751 et seq.), subject to the requirements of
such part.
(3) Services under such title IV (20 U.S.C. 1070 et seq.),
subject to the requirements for such services.
SEC. 11. GAO REPORT.
Not later than seven years after the date of enactment of
this Act, the Comptroller General of the United States shall
submit to the Committee on the Judiciary of the Senate and
the Committee on the Judiciary of the House of
Representatives a report setting forth--
(1) the number of aliens who were eligible for cancellation
of removal and adjustment of status under section 4(a);
(2) the number of aliens who applied for adjustment of
status under section 4(a);
(3) the number of aliens who were granted adjustment of
status under section 4(a); and
(4) the number of aliens whose conditional permanent
resident status was removed under section 5.
______
By Mr. DURBIN (for himself, Mr. Leahy, and Mr. Lugar):
S. 3963. A bill to authorize the cancellation of removal and
adjustment of status of certain alien students who are long-term United
States residents and who entered the United States as children and for
other purposes; read the first time.
Mr. DURBIN. Mr. President, I ask unanimous consent that the text of
the bill be printed in the Record.
There being no objection, the text of the bill was ordered to be
printed in the Record, as follows:
S. 3963
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 ``Development, Relief, and
Education for Alien Minors Act of 2010'' or the ``DREAM Act
of 2010''.
SEC. 2. TABLE OF CONTENTS.
The table of contents for this Act is as follows:
Sec. 1. Short title.
Sec. 2. Table of contents.
Sec. 3. Definitions.
Sec. 4. Cancellation of removal and adjustment of status of certain
long-term residents who entered the United States as
children.
Sec. 5. Conditional permanent resident status.
Sec. 6. Retroactive benefits under this Act.
Sec. 7. Exclusive jurisdiction.
Sec. 8. Penalties for false statements in application.
Sec. 9. Confidentiality of information.
Sec. 10. Higher Education assistance.
Sec. 11. GAO report.
SEC. 3. DEFINITIONS.
In this Act:
(1) Institution of higher education.--The term
``institution of higher education'' has the meaning given
that term in section 101 of the Higher Education Act of 1965
(20 U.S.C. 1001).
(2) Uniformed services.--The term ``uniformed services''
has the meaning given that term in section 101(a) of title
10, United States Code.
SEC. 4. CANCELLATION OF REMOVAL AND ADJUSTMENT OF STATUS OF
CERTAIN LONG-TERM RESIDENTS WHO ENTERED THE
UNITED STATES AS CHILDREN.
(a) Special Rule for Certain Long-term Residents Who
Entered the United States as Children.--
(1) In general.--Notwithstanding any other provision of law
and except as otherwise provided in this Act, the Secretary
of Homeland Security may cancel removal of, and adjust to the
status of an alien lawfully admitted for permanent residence,
subject to the conditional basis described in section 5, an
alien who is inadmissible or deportable from the United
States, if the alien demonstrates that--
(A) the alien has been physically present in the United
States for a continuous period of not less than 5 years
immediately preceding the date of enactment of this Act and
was younger than 16 years of age on the date the alien
initially entered the United States;
(B) the alien has been a person of good moral character
since the date of the enactment of this Act;
(C) the alien--
(i) is not inadmissible under paragraph (2), (3), (6)(E),
(10)(A), or (10)(C) of section 212(a) of the Immigration and
Nationality Act (8 U.S.C. 1182(a)); and
(ii) is not deportable under paragraph (1)(E), (2), or (4)
of section 237(a) of the Immigration and Nationality Act (8
U.S.C. 1227(a));
(D) the alien--
(i) has been admitted to an institution of higher education
in the United States; or
(ii) has earned a high school diploma or obtained a general
education development certificate in the United States;
(E) the alien has never been under a final administrative
or judicial order of exclusion, deportation, or removal,
unless the alien--
(i) has remained in the United States under color of law
after such order was issued; or
(ii) received the order before attaining the age of 16
years; and
(F) the alien was younger than 30 years of age on the date
of the enactment of this Act.
(2) Waiver.--Notwithstanding paragraph (1), the Secretary
of Homeland Security may waive the ground of ineligibility
under section 212(a)(6)(E) of the Immigration and Nationality
Act and the ground of deportability under paragraph (1)(E) of
section 237(a) of that Act for humanitarian purposes or
family unity or when it is otherwise in the public interest.
(3) Procedures.--The Secretary of Homeland Security shall
provide a procedure by regulation allowing eligible
individuals to apply affirmatively for the relief available
under this subsection without being placed in removal
proceedings.
(4) Deadline for submission of application.--An alien shall
submit an application for cancellation of removal or
adjustment of status under this subsection no later than the
date that is one year after the date the alien--
(A) was admitted to an institution of higher education in
the United States; or
(B) earned a high school diploma or obtained a general
education development certificate in the United States.
(b) Termination of Continuous Period.--For purposes of this
section, any period of continuous residence or continuous
physical presence in the United States of an alien who
applies for cancellation of removal under this section shall
not terminate when the alien is served a notice to appear
under section 239(a) of the Immigration and Nationality Act
(8 U.S.C. 1229(a)).
(c) Treatment of Certain Breaks in Presence.--
(1) In general.--An alien shall be considered to have
failed to maintain continuous physical presence in the United
States under subsection (a) if the alien has departed from
the United States for any period in excess of 90 days or for
any periods in the aggregate exceeding 180 days.
(2) Extensions for exceptional circumstances.--The
Secretary of Homeland
[[Page S7977]]
Security may extend the time periods described in paragraph
(1) if the alien demonstrates that the failure to timely
return to the United States was due to exceptional
circumstances. The exceptional circumstances determined
sufficient to justify an extension should be no less
compelling than serious illness of the alien, or death or
serious illness of a parent, grandparent, sibling, or child.
(d) Exemption From Numerical Limitations.--Nothing in this
section may be construed to apply a numerical limitation on
the number of aliens who may be eligible for cancellation of
removal or adjustment of status under this section.
(e) Regulations.--
(1) Proposed regulations.--Not later than 180 days after
the date of enactment of this Act, the Secretary of Homeland
Security shall publish proposed regulations implementing this
section. Such regulations shall be effective immediately on
an interim basis, but are subject to change and revision
after public notice and opportunity for a period for public
comment.
(2) Interim, final regulations.--Within a reasonable time
after publication of the interim regulations in accordance
with paragraph (1), the Secretary of Homeland Security shall
publish final regulations implementing this section.
(f) Removal of Alien.--The Secretary of Homeland Security
may not remove any alien who has a pending application for
conditional status under this Act.
SEC. 5. CONDITIONAL PERMANENT RESIDENT STATUS.
(a) In General.--
(1) Conditional basis for status.--Notwithstanding any
other provision of law, and except as provided in section 6,
an alien whose status has been adjusted under section 4 to
that of an alien lawfully admitted for permanent residence
shall be considered to have obtained such status on a
conditional basis subject to the provisions of this section.
Such conditional permanent resident status shall be valid for
a period of 6 years, subject to termination under subsection
(b).
(2) Notice of requirements.--
(A) At time of obtaining permanent residence.--At the time
an alien obtains permanent resident status on a conditional
basis under paragraph (1), the Secretary of Homeland Security
shall provide for notice to the alien regarding the
provisions of this section and the requirements of subsection
(c) to have the conditional basis of such status removed.
(B) Effect of failure to provide notice.--The failure of
the Secretary of Homeland Security to provide a notice under
this paragraph--
(i) shall not affect the enforcement of the provisions of
this Act with respect to the alien; and
(ii) shall not give rise to any private right of action by
the alien.
(b) Termination of Status.--
(1) In general.--The Secretary of Homeland Security shall
terminate the conditional permanent resident status of any
alien who obtained such status under this Act, if the
Secretary determines that the alien--
(A) ceases to meet the requirements of subparagraph (B) or
(C) of section 4(a)(1);
(B) has become a public charge; or
(C) has received a dishonorable or other than honorable
discharge from the uniformed services.
(2) Return to previous immigration status.--Any alien whose
conditional permanent resident status is terminated under
paragraph (1) shall return to the immigration status the
alien had immediately prior to receiving conditional
permanent resident status under this Act.
(c) Requirements of Timely Petition for Removal of
Condition.--
(1) In general.--In order for the conditional basis of
permanent resident status obtained by an alien under
subsection (a) to be removed, the alien must file with the
Secretary of Homeland Security, in accordance with paragraph
(3), a petition which requests the removal of such
conditional basis and which provides, under penalty of
perjury, the facts and information so that the Secretary may
make the determination described in paragraph (2)(A).
(2) Adjudication of petition to remove condition.--
(A) In general.--If a petition is filed in accordance with
paragraph (1) for an alien, the Secretary of Homeland
Security shall make a determination as to whether the alien
meets the requirements set out in subparagraphs (A) through
(E) of subsection (d)(1).
(B) Removal of conditional basis if favorable
determination.--If the Secretary determines that the alien
meets such requirements, the Secretary shall notify the alien
of such determination and immediately remove the conditional
basis of the status of the alien.
(C) Termination if adverse determination.--If the Secretary
determines that the alien does not meet such requirements,
the Secretary shall notify the alien of such determination
and terminate the conditional permanent resident status of
the alien as of the date of the determination.
(3) Time to file petition.--An alien may petition to remove
the conditional basis to lawful resident status during the
period beginning 180 days before and ending 2 years after
either the date that is 6 years after the date of the
granting of conditional permanent resident status or any
other expiration date of the conditional permanent resident
status as extended by the Secretary of Homeland Security in
accordance with this Act. The alien shall be deemed in
conditional permanent resident status in the United States
during the period in which the petition is pending.
(d) Details of Petition.--
(1) Contents of petition.--Each petition for an alien under
subsection (c)(1) shall contain information to permit the
Secretary of Homeland Security to determine whether each of
the following requirements is met:
(A) The alien has demonstrated good moral character during
the entire period the alien has been a conditional permanent
resident.
(B) The alien is in compliance with section 4(a)(1)(C).
(C) The alien has not abandoned the alien's residence in
the United States. The Secretary shall presume that the alien
has abandoned such residence if the alien is absent from the
United States for more than 365 days, in the aggregate,
during the period of conditional residence, unless the alien
demonstrates that the alien has not abandoned the alien's
residence. An alien who is absent from the United States due
to active service in the uniformed services has not abandoned
the alien's residence in the United States during the period
of such service.
(D) The alien has completed at least 1 of the following:
(i) The alien has acquired a degree from an institution of
higher education in the United States or has completed at
least 2 years, in good standing, in a program for a
bachelor's degree or higher degree in the United States.
(ii) The alien has served in the uniformed services for at
least 2 years and, if discharged, has received an honorable
discharge.
(E) The alien has provided a list of each secondary school
(as that term is defined in section 9101 of the Elementary
and Secondary Education Act of 1965 (20 U.S.C. 7801)) that
the alien attended in the United States.
(2) Hardship exception.--
(A) In general.--The Secretary of Homeland Security may, in
the Secretary's discretion, remove the conditional status of
an alien if the alien--
(i) satisfies the requirements of subparagraphs (A), (B),
and (C) of paragraph (1);
(ii) demonstrates compelling circumstances for the
inability to complete the requirements described in paragraph
(1)(D); and
(iii) demonstrates that the alien's removal from the United
States would result in exceptional and extremely unusual
hardship to the alien or the alien's spouse, parent, or child
who is a citizen or a lawful permanent resident of the United
States.
(B) Extension.--Upon a showing of good cause, the Secretary
of Homeland Security may extend the period of conditional
resident status for the purpose of completing the
requirements described in paragraph (1)(D).
(e) Treatment of Period for Purposes of Naturalization.--
For purposes of title III of the Immigration and Nationality
Act (8 U.S.C. 1401 et seq.), in the case of an alien who is
in the United States as a lawful permanent resident on a
conditional basis under this section, the alien shall be
considered to have been admitted as an alien lawfully
admitted for permanent residence and to be in the United
States as an alien lawfully admitted to the United States for
permanent residence. However, the conditional basis must be
removed before the alien may apply for naturalization.
SEC. 6. RETROACTIVE BENEFITS UNDER THIS ACT.
If, on the date of enactment of this Act, an alien has
satisfied all the requirements of subparagraphs (A) through
(E) of section 4(a)(1) and section 5(d)(1)(D), the Secretary
of Homeland Security may adjust the status of the alien to
that of a conditional resident in accordance with section 4.
The alien may petition for removal of such condition at the
end of the conditional residence period in accordance with
section 5(c) if the alien has met the requirements of
subparagraphs (A), (B), and (C) of section 5(d)(1) during the
entire period of conditional residence.
SEC. 7. EXCLUSIVE JURISDICTION.
(a) In General.--The Secretary of Homeland Security shall
have exclusive jurisdiction to determine eligibility for
relief under this Act, except where the alien has been placed
into deportation, exclusion, or removal proceedings either
prior to or after filing an application for relief under this
Act, in which case the Attorney General shall have exclusive
jurisdiction and shall assume all the powers and duties of
the Secretary until proceedings are terminated, or if a final
order of deportation, exclusion, or removal is entered the
Secretary shall resume all powers and duties delegated to the
Secretary under this Act.
(b) Stay of Removal of Certain Aliens Enrolled in Primary
or Secondary School.--The Attorney General shall stay the
removal proceedings of any alien who--
(1) meets all the requirements of subparagraphs (A), (B),
(C), and (E) of section 4(a)(1);
(2) is at least 12 years of age; and
(3) is enrolled full time in a primary or secondary school.
(c) Employment.--An alien whose removal is stayed pursuant
to subsection (b) may be engaged in employment in the United
States consistent with the Fair Labor Standards Act (29
U.S.C. 201 et seq.) and State and local laws governing
minimum age for employment.
(d) Lift of Stay.--The Attorney General shall lift the stay
granted pursuant to subsection (b) if the alien--
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(1) is no longer enrolled in a primary or secondary school;
or
(2) ceases to meet the requirements of subsection (b)(1).
SEC. 8. PENALTIES FOR FALSE STATEMENTS IN APPLICATION.
Whoever files an application for relief under this Act and
willfully and knowingly falsifies, misrepresents, or conceals
a material fact or makes any false or fraudulent statement or
representation, or makes or uses any false writing or
document knowing the same to contain any false or fraudulent
statement or entry, shall be fined in accordance with title
18, United States Code, or imprisoned not more than 5 years,
or both.
SEC. 9. CONFIDENTIALITY OF INFORMATION.
(a) Prohibition.--Except as provided in subsection (b), no
officer or employee of the United States may--
(1) use the information furnished by the applicant pursuant
to an application filed under this Act to initiate removal
proceedings against any persons identified in the
application;
(2) make any publication whereby the information furnished
by any particular individual pursuant to an application under
this Act can be identified; or
(3) permit anyone other than an officer or employee of the
United States Government or, in the case of applications
filed under this Act with a designated entity, that
designated entity, to examine applications filed under this
Act.
(b) Required Disclosure.--The Attorney General or the
Secretary of Homeland Security shall provide the information
furnished under this section, and any other information
derived from such furnished information, to--
(1) a duly recognized law enforcement entity in connection
with an investigation or prosecution of an offense described
in paragraph (2) or (3) of section 212(a) of the Immigration
and Nationality Act (8 U.S.C. 1182(a)), when such information
is requested in writing by such entity; or
(2) an official coroner for purposes of affirmatively
identifying a deceased individual (whether or not such
individual is deceased as a result of a crime).
(c) Penalty.--Whoever knowingly uses, publishes, or permits
information to be examined in violation of this section shall
be fined not more than $10,000.
SEC. 10. HIGHER EDUCATION ASSISTANCE.
Notwithstanding any provision of the Higher Education Act
of 1965 (20 U.S.C. 1001 et seq.), with respect to assistance
provided under title IV of the Higher Education Act of 1965
(20 U.S.C. 1070 et seq.), an alien who adjusts status to that
of a lawful permanent resident under this Act shall be
eligible only for the following assistance under such title:
(1) Student loans under parts B, D, and E of such title IV
(20 U.S.C. 1071 et seq., 1087a et seq., 1087aa et seq.),
subject to the requirements of such parts.
(2) Federal work-study programs under part C of such title
IV (42 U.S.C. 2751 et seq.), subject to the requirements of
such part.
(3) Services under such title IV (20 U.S.C. 1070 et seq.),
subject to the requirements for such services.
SEC. 11. GAO REPORT.
Not later than seven years after the date of enactment of
this Act, the Comptroller General of the United States shall
submit to the Committee on the Judiciary of the Senate and
the Committee on the Judiciary of the House of
Representatives a report setting forth--
(1) the number of aliens who were eligible for cancellation
of removal and adjustment of status under section 4(a);
(2) the number of aliens who applied for adjustment of
status under section 4(a);
(3) the number of aliens who were granted adjustment of
status under section 4(a); and
(4) the number of aliens whose conditional permanent
resident status was removed under section 5.
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