[Congressional Record Volume 156, Number 154 (Tuesday, November 30, 2010)]
[Senate]
[Pages S8299-S8304]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
STATEMENTS ON INTRODUCED BILLS AND JOINT RESOLUTIONS
By Mr. WYDEN (for himself, Mr. Sessions, Mrs. McCaskill, and Mr.
Thune):
S. 3989. A bill to amend the Internal Revenue Code of 1986 to allow
an offset against income tax refunds to pay for restitution and other
State judicial debts that are past-due; to the Committee on Finance.
Mr. WYDEN. Mr. President, today, along with my colleagues Senators
Sessions, McCaskill, and Thune, I am introducing a bill to help crime
victims and state courts recover the restitution and fees that are owed
to them. This bipartisan bill would accomplish this worthy goal by
intercepting tax refunds of deadbeat debtors who've failed to pay
restitution or court fees. If enacted, this bill would essentially
allow state courts to cross-reference outstanding debts with the IRS
and use existing procedures to withhold tax refunds in order to satisfy
past due debts.
This bill would not only deliver justice to crime victims who are
owed restitution, but would also provide much-needed resources to help
keep court rooms open and court programs operating. At a time when our
State and local governments are struggling to find funding for vital
programs--including keeping courthouse doors open--unpaid court fees
represent an important source of revenue that should be captured. This
bill would help close budget gaps and provide additional revenue
without raising taxes or imposing any new costs or burdens. In fact,
participation in the program would be optional for states, but I expect
most states to participate and to benefit greatly from this bill.
This bill would operate the same way as the very successful child
support debt collection system. The bill will allow states to share
information on outstanding restitution owed and court debts with the
IRS, which would then be required to intercept any Federal tax refunds
of debtors and send that money to the victim or court owed that debt.
It has been estimated by the National Center for State Courts that
outstanding court debts across the country total approximately $15
billion. In my home State of Oregon alone, the outstanding restitution
and court fee debt amount is $987 million. Only a portion of
outstanding debts are owed by individuals who will receive Federal tax
refunds, so a portion of court debts would not be collected
immediately. Nonetheless, the State of Oregon estimates that passage of
this bill would allow the state to collect $30 million per year.
Without this straight-forward and efficient mechanism, the collection
of victim restitution and court debts is a costly and time-consuming
process. Enactment of this bill would reduce the fiscal cost and
administrative burden that victims and courts bear in attempting to
collect those debts. Again, in the midst of a challenging fiscal
crisis, it only makes common sense to collect revenues that are already
owed--through an efficient and convenient method.
Because this bill would benefit both the court system, and those who
rely upon it, the Court Fee Tax Intercept Act is endorsed by a broad
array of court, government, law enforcement, and crime victims
organizations. The bill is supported by the National Center for Victims
of Crime, the National District Attorneys Association, the American
Probation and Parole Association, the Conference of Chief Justices, the
Conference of State Court Administrators, the National Association for
Court Managers, the National Conference of State Legislatures, the
National Association of Counties, and the Government Finance Officers
Association.
I urge all colleagues to support this bipartisan legislation.
______
By Mr. REID:
S. 3991. A bill to provide collective bargaining rights for public
safety officers employed by States or their political subdivisions;
read the first time.
Mr. REID. 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. 3991
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 ``Public Safety Employer-
Employee Cooperation Act of 2010''.
SEC. 2. DECLARATION OF PURPOSE AND POLICY.
The Congress declares that the following is the policy of
the United States:
(1) Labor-management relationships and partnerships are
based on trust, mutual respect, open communication, bilateral
consensual problem solving, and shared accountability. Labor-
management cooperation fully utilizes the strengths of both
parties to best serve the interests of the public, operating
as a team, to carry out the public safety mission in a
quality work environment. In many public safety agencies, it
is the union that provides the institutional stability as
elected leaders and appointees come and go.
(2) State and local public safety officers play an
essential role in the efforts of the United States to detect,
prevent, and respond to terrorist attacks, and to respond to
natural disasters, hazardous materials, and other mass
casualty incidents. State and local public safety officers,
as first responders, are a component of our Nation's National
Incident Management System, developed by the Department of
Homeland Security to coordinate response to and recovery from
terrorism, major natural disasters, and other major
emergencies. Public safety employer-employee cooperation is
essential in meeting these needs and is, therefore, in the
National interest.
(3) The Federal Government needs to encourage conciliation,
mediation, and voluntary arbitration to aid and encourage
employers and the representatives of their employees to reach
and maintain agreements concerning rates of pay, hours, and
working conditions, and to make all reasonable efforts
through negotiations to settle their differences by mutual
agreement reached through collective bargaining or by such
methods as may be provided for in any applicable agreement
for the settlement of disputes.
[[Page S8300]]
(4) The absence of adequate cooperation between public
safety employers and employees has implications for the
security of employees and can affect interstate and
intrastate commerce. The lack of such labor-management
cooperation can detrimentally impact the upgrading of police
and fire services of local communities, the health and well-
being of public safety officers, and the morale of the fire
and police departments. Additionally, these factors could
have significant commercial repercussions. Moreover,
providing minimal standards for collective bargaining
negotiations in the public safety sector can prevent
industrial strife between labor and management that
interferes with the normal flow of commerce.
(5) Many States and localities already provide public
safety officers with collective bargaining rights comparable
to or greater than the rights and responsibilities set forth
in this Act, and such State and local laws should be
respected.
SEC. 3. DEFINITIONS.
In this Act:
(1) Authority.--The term ``Authority'' means the Federal
Labor Relations Authority.
(2) Confidential employee.--The term ``confidential
employee'' has the meaning given such term under applicable
State law on the date of enactment of this Act. If no such
State law is in effect, the term means an individual,
employed by a public safety employer, who--
(A) is designated as confidential; and
(B) is an individual who routinely assists, in a
confidential capacity, supervisory employees and management
employees.
(3) Emergency medical services personnel.--The term
``emergency medical services personnel'' means an individual
who provides out-of-hospital emergency medical care,
including an emergency medical technician, paramedic, or
first responder.
(4) Employer; public safety agency.--The terms ``employer''
and ``public safety agency'' mean any State, or political
subdivision of a State, that employs public safety officers.
(5) Firefighter.--The term ``firefighter'' has the meaning
given the term ``employee engaged in fire protection
activities'' in section 3(y) of the Fair Labor Standards Act
of 1938 (29 U.S.C. 203(y)).
(6) Labor organization.--The term ``labor organization''
means an organization composed in whole or in part of
employees, in which employees participate, and which
represents such employees before public safety agencies
concerning grievances, conditions of employment, and related
matters.
(7) Law enforcement officer.--The term ``law enforcement
officer'' has the meaning given such term in section 1204 of
the Omnibus Crime Control and Safe Streets Act of 1968 (42
U.S.C. 3796b).
(8) Management employee.--The term ``management employee''
has the meaning given such term under applicable State law in
effect on the date of enactment of this Act. If no such State
law is in effect, the term means an individual employed by a
public safety employer in a position that requires or
authorizes the individual to formulate, determine, or
influence the policies of the employer.
(9) Person.--The term ``person'' means an individual or a
labor organization.
(10) Public safety officer.--The term ``public safety
officer''--
(A) means an employee of a public safety agency who is a
law enforcement officer, a firefighter, or an emergency
medical services personnel;
(B) includes an individual who is temporarily transferred
to a supervisory or management position; and
(C) does not include a permanent supervisory, management,
or confidential employee.
(11) State.--The term ``State'' means each of the several
States of the United States, the District of Columbia, and
any territory or possession of the United States.
(12) Substantially provides.--The term ``substantially
provides'', when used with respect to the rights and
responsibilities described in section 4(b), means compliance
with each right and responsibility described in such section.
(13) Supervisory employee.--The term ``supervisory
employee'' has the meaning given such term under applicable
State law in effect on the date of enactment of this Act. If
no such State law is in effect, the term means an individual,
employed by a public safety employer, who--
(A) has the authority in the interest of the employer to
hire, direct, assign, promote, reward, transfer, furlough,
lay off, recall, suspend, discipline, or remove public safety
officers, to adjust their grievances, or to effectively
recommend such action, if the exercise of the authority is
not merely routine or clerical in nature but requires the
consistent exercise of independent judgment; and
(B) devotes a majority of time at work to exercising such
authority.
SEC. 4. DETERMINATION OF RIGHTS AND RESPONSIBILITIES.
(a) Determination.--
(1) In general.--Not later than 180 days after the date of
enactment of this Act, the Authority shall make a
determination as to whether a State substantially provides
for the rights and responsibilities described in subsection
(b).
(2) Consideration of additional opinions.--In making the
determination described in paragraph (1), the Authority shall
consider the opinions of affected employers and labor
organizations. In the case where the Authority is notified by
an affected employer and labor organization that both parties
agree that the law applicable to such employer and labor
organization substantially provides for the rights and
responsibilities described in subsection (b), the Authority
shall give such agreement weight to the maximum extent
practicable in making the Authority's determination under
this subsection.
(3) Limited criteria.--In making the determination
described in paragraph (1), the Authority shall be limited to
the application of the criteria described in subsection (b)
and shall not require any additional criteria.
(4) Subsequent determinations.--
(A) In general.--A determination made pursuant to paragraph
(1) shall remain in effect unless and until the Authority
issues a subsequent determination, in accordance with the
procedures set forth in subparagraph (B).
(B) Procedures for subsequent determinations.--Upon
establishing that a material change in State law or its
interpretation has occurred, an employer or a labor
organization may submit a written request for a subsequent
determination. If satisfied that a material change in State
law or its interpretation has occurred, the Authority shall
issue a subsequent determination not later than 30 days after
receipt of such request.
(5) Judicial review.--Any person or employer aggrieved by a
determination of the Authority under this section may, during
the 60-day period beginning on the date on which the
determination was made, petition any United States Court of
Appeals in the circuit in which the person or employer
resides or transacts business or in the District of Columbia
circuit, for judicial review. In any judicial review of a
determination by the Authority, the procedures contained in
subsections (c) and (d) of section 7123 of title 5, United
States Code, shall be followed.
(b) Rights and Responsibilities.--In making a determination
described in subsection (a), the Authority shall consider a
State's law to substantially provide the required rights and
responsibilities unless such law fails to provide rights and
responsibilities comparable to or greater than the following:
(1) Granting public safety officers the right to form and
join a labor organization, which may exclude management
employees, supervisory employees, and confidential employees,
that is, or seeks to be, recognized as the exclusive
bargaining representative of such employees.
(2) Requiring public safety employers to recognize the
employees' labor organization (freely chosen by a majority of
the employees), to agree to bargain with the labor
organization, and to commit any agreements to writing in a
contract or memorandum of understanding.
(3) Providing for the right to bargain over hours, wages,
and terms and conditions of employment.
(4) Making available an interest impasse resolution
mechanism, such as fact-finding, mediation, arbitration, or
comparable procedures.
(5) Requiring enforcement of all rights, responsibilities,
and protections provided by State law and enumerated in this
section, and of any written contract or memorandum of
understanding between a labor organization and a public
safety employer, through--
(A) a State administrative agency, if the State so chooses;
and
(B) at the election of an aggrieved party, the State
courts.
(c) Compliance With Requirements.--If the Authority
determines, acting pursuant to its authority under subsection
(a), that a State substantially provides rights and
responsibilities described in subsection (b), then this Act
shall not preempt State law.
(d) Failure To Meet Requirements.--
(1) In general.--If the Authority determines, acting
pursuant to its authority under subsection (a), that a State
does not substantially provide for the rights and
responsibilities described in subsection (b), then such State
shall be subject to the regulations and procedures described
in section 5 beginning on the later of--
(A) the date that is 2 years after the date of enactment of
this Act;
(B) the date that is the last day of the first regular
session of the legislature of the State that begins after the
date of the enactment of this Act; or
(C) in the case of a State receiving a subsequent
determination under subsection (a)(4), the date that is the
last day of the first regular session of the legislature of
the State that begins after the date the Authority made the
determination.
(2) Partial failure.--If the Authority makes a
determination that a State does not substantially provide for
the rights and responsibilities described in subsection (b)
solely because the State law substantially provides for such
rights and responsibilities for certain categories of public
safety officers covered by the Act but not others, the
Authority shall identify those categories of public safety
officers that shall be subject to the regulations and
procedures described in section 5, pursuant to section
8(b)(3) and beginning on the appropriate date described in
paragraph (1), and those categories of public safety officers
that shall remain subject to State law.
SEC. 5. ROLE OF FEDERAL LABOR RELATIONS AUTHORITY.
(a) In General.--Not later than 1 year after the date of
enactment of this Act, the
[[Page S8301]]
Authority shall issue regulations in accordance with the
rights and responsibilities described in section 4(b)
establishing collective bargaining procedures for employers
and public safety officers in States which the Authority has
determined, acting pursuant to section 4(a), do not
substantially provide for such rights and responsibilities.
(b) Role of the Federal Labor Relations Authority.--The
Authority, to the extent provided in this Act and in
accordance with regulations prescribed by the Authority,
shall--
(1) determine the appropriateness of units for labor
organization representation;
(2) supervise or conduct elections to determine whether a
labor organization has been selected as an exclusive
representative by a voting majority of the employees in an
appropriate unit;
(3) resolve issues relating to the duty to bargain in good
faith;
(4) conduct hearings and resolve complaints of unfair labor
practices;
(5) resolve exceptions to the awards of arbitrators;
(6) protect the right of each employee to form, join, or
assist any labor organization, or to refrain from any such
activity, freely and without fear of penalty or reprisal, and
protect each employee in the exercise of such right; and
(7) take such other actions as are necessary and
appropriate to effectively administer this Act, including
issuing subpoenas requiring the attendance and testimony of
witnesses and the production of documentary or other evidence
from any place in the United States, and administering oaths,
taking or ordering the taking of depositions, ordering
responses to written interrogatories, and receiving and
examining witnesses.
(c) Enforcement.--
(1) Authority to petition court.--The Authority may
petition any United States Court of Appeals with jurisdiction
over the parties, or the United States Court of Appeals for
the District of Columbia Circuit, to enforce any final orders
under this section, and for appropriate temporary relief or a
restraining order. Any petition under this section shall be
conducted in accordance with subsections (c) and (d) of
section 7123 of title 5, United States Code.
(2) Private right of action.--Unless the Authority has
filed a petition for enforcement as provided in paragraph
(1), any party has the right to file suit in any appropriate
district court of the United States to enforce compliance
with the regulations issued by the Authority pursuant to
subsection (b), and to enforce compliance with any order
issued by the Authority pursuant to this section. The right
provided by this subsection to bring a suit to enforce
compliance with any order issued by the Authority pursuant to
this section shall terminate upon the filing of a petition
seeking the same relief by the Authority.
SEC. 6. STRIKES AND LOCKOUTS PROHIBITED.
(a) In General.--Subject to subsection (b), an employer,
public safety officer, or labor organization may not engage
in a lockout, sickout, work slowdown, strike, or any other
organized job action that will measurably disrupt the
delivery of emergency services and is designed to compel an
employer, public safety officer, or labor organization to
agree to the terms of a proposed contract.
(b) No Preemption.--Nothing in this section shall be
construed to preempt any law of any State or political
subdivision of any State with respect to strikes by public
safety officers.
SEC. 7. EXISTING COLLECTIVE BARGAINING UNITS AND AGREEMENTS.
A certification, recognition, election-held, collective
bargaining agreement or memorandum of understanding which has
been issued, approved, or ratified by any public employee
relations board or commission or by any State or political
subdivision or its agents (management officials) and is in
effect on the day before the date of enactment of this Act
shall not be invalidated by the enactment of this Act.
SEC. 8. CONSTRUCTION AND COMPLIANCE.
(a) Construction.--Nothing in this Act shall be construed--
(1) to preempt or limit the remedies, rights, and
procedures of any law of any State or political subdivision
of any State that provides greater or comparable rights and
responsibilities than the rights and responsibilities
described in section 4(b);
(2) to prevent a State from enforcing a right-to-work law
that prohibits employers and labor organizations from
negotiating provisions in a labor agreement that require
union membership or payment of union fees as a condition of
employment;
(3) to preempt or limit any State law in effect on the date
of enactment of this Act that provides for the rights and
responsibilities described in section 4(b) solely because
such State law permits an employee to appear on the
employee's own behalf with respect to the employee's
employment relations with the public safety agency involved;
(4) to preempt or limit any State law in effect on the date
of enactment of this Act that provides for the rights and
responsibilities described in section 4(b) solely because
such State law excludes from its coverage employees of a
State militia or national guard;
(5) to permit parties in States subject to the regulations
and procedures described in section 5 to negotiate provisions
that would prohibit an employee from engaging in part-time
employment or volunteer activities during off-duty hours;
(6) to prohibit a State from exempting from coverage under
this Act a political subdivision of the State that has a
population of less than 5,000 or that employs less than 25
full-time employees;
(7) to prohibit a State from exempting from coverage under
this Act individuals employed by the office of the sheriff in
States that do not provide the rights and responsibilities
described in section 4(b) for law enforcement officers prior
to the date of enactment of this Act; or
(8) to preempt or limit the laws or ordinances of any State
or political subdivision of a State that provide for the
rights and responsibilities described in section 4(b) solely
because such law or ordinance does not require bargaining
with respect to pension, retirement, or health benefits.
For purposes of paragraph (6), the term ``employee'' includes
each and every individual employed by the political
subdivision except any individual elected by popular vote or
appointed to serve on a board or commission.
(b) Compliance.--
(1) Actions of states.--Nothing in this Act or the
regulations promulgated under this Act shall be construed to
require a State to rescind or preempt the laws or ordinances
of any of the State's political subdivisions if such laws
provide rights and responsibilities for public safety
officers that are comparable to or greater than the rights
and responsibilities described in section 4(b).
(2) Actions of the authority.--Nothing in this Act or the
regulations promulgated under this Act shall be construed to
preempt--
(A) the laws or ordinances of any State or political
subdivision of a State, if such laws provide collective
bargaining rights for public safety officers that are
comparable to or greater than the rights enumerated in
section 4(b);
(B) the laws or ordinances of any State or political
subdivision of a State that provide for the rights and
responsibilities described in section 4(b) with respect to
certain categories of public safety officers covered by this
Act solely because such rights and responsibilities have not
been extended to other categories of public safety officers
covered by this Act; or
(C) the laws or ordinances of any State or political
subdivision of a State that provide for the rights and
responsibilities described in section 4(b), solely because
such laws or ordinances provide that a contract or memorandum
of understanding between a public safety employer and a labor
organization must be presented to a legislative body as part
of the process for approving such contract or memorandum of
understanding.
(3) Limited enforcement power.--In the case of a law
described in paragraph (2)(B), the Authority shall only
exercise the powers provided in section 5 with respect to
those categories of public safety officers who have not been
afforded the rights and responsibilities described in section
4(b).
(4) Exclusive enforcement provision.--Notwithstanding any
other provision of the Act, and in the absence of a waiver of
a State's sovereign immunity, the Authority shall have the
exclusive power to enforce the provisions of this Act with
respect to employees of a State.
SEC. 9. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated such sums as may be
necessary to carry out the provisions of this Act.
______
By Mr. DURBIN:
S. 3992. 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. 3992
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 of certain long-term residents who
entered the United States as children.
Sec. 5. Conditional nonimmigrant status.
Sec. 6. Adjustment of status.
Sec. 7. Retroactive benefits.
Sec. 8. Exclusive jurisdiction.
Sec. 9. Penalties for false statements.
Sec. 10. Confidentiality of information.
Sec. 11. Higher education assistance.
Sec. 12. Treatment of aliens with adjusted status for certain purposes.
Sec. 13. Military enlistment.
Sec. 14. GAO report.
SEC. 3. DEFINITIONS.
In this Act:
(1) In general.--Except as otherwise specifically provided,
a term used in this Act
[[Page S8302]]
that is used in the immigration laws shall have the meaning
given such term in the immigration laws.
(2) Armed forces.--The term ``Armed Forces'' has the
meaning given the term ``armed forces'' in section 101(a) of
title 10, United States Code.
(3) Conditional nonimmigrant.--
(A) Definition.--The term ``conditional nonimmigrant''
means an alien who is granted conditional nonimmigrant status
under this Act.
(B) Description.--A conditional nonimmigrant--
(i) shall be considered to be an alien within a
nonimmigrant class for purposes of the immigration laws;
(ii) may have the intention permanently to reside in the
United States; and
(iii) is not required to have a foreign residence which the
alien has no intention of abandoning.
(4) Immigration laws.--The term ``immigration laws'' has
the meaning given such term in section 101(a)(17) of the
Immigration and Nationality Act (8 U.S.C. 1101(a)(17)).
(5) Institution of higher education.--The term
``institution of higher education'' has the meaning given
such term in section 102 of the Higher Education Act of 1965
(20 U.S.C. 1002), except that the term does not include an
institution of higher education outside the United States.
SEC. 4. CANCELLATION OF REMOVAL 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 an alien who is
inadmissible or deportable from the United States, and grant
the alien conditional nonimmigrant status, if the alien
demonstrates by a preponderance of the evidence 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 the 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 the alien initially entered the United States;
(C) the alien--
(i) is not inadmissible under paragraph (1), (2), (3), (4),
(6)(E), (6)(G), (8), (10)(A), (10)(C), or (10)(D) of section
212(a) of the Immigration and Nationality Act (8 U.S.C.
1182(a));
(ii) is not deportable under paragraph (1)(E), (1)(G), (2),
(4), (5), or (6) of section 237(a) of the Immigration and
Nationality Act (8 U.S.C. 1227(a));
(iii) has not ordered, incited, assisted, or otherwise
participated in the persecution of any person on account of
race, religion, nationality, membership in a particular
social group, or political opinion; and
(iv) has not been convicted of--
(I) any offense under Federal or State law punishable by a
maximum term of imprisonment of more than 1 year; or
(II) 3 or more offenses under Federal or State law, for
which the alien was convicted on different dates for each of
the 3 offenses and sentenced to imprisonment for an aggregate
of 90 days or more;
(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 paragraph (1), (4), or (6) of section 212(a) of the
Immigration and Nationality Act and the ground of
deportability under paragraph (1) 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 and
conditional nonimmigrant status under this subsection no
later than the date that is 1 year after the later of--
(A) the date the alien was admitted to an institution of
higher education in the United States;
(B) the date the alien earned a high school diploma or
obtained a general education development certificate in the
United States; or
(C) the date of the enactment of this Act.
(5) Submission of biometric and biographic data.--The
Secretary of Homeland Security may not cancel the removal of
an alien or grant conditional nonimmigrant status to the
alien under this subsection unless the alien submits
biometric and biographic data, in accordance with procedures
established by the Secretary. The Secretary shall provide an
alternative procedure for applicants who are unable to
provide such biometric or biographic data because of a
physical impairment.
(6) Background checks.--
(A) Requirement for background checks.--The Secretary of
Homeland Security shall utilize biometric, biographic, and
other data that the Secretary determines is appropriate--
(i) to conduct security and law enforcement background
checks of an alien seeking relief available under this
subsection; and
(ii) to determine whether there is any criminal, national
security, or other factor that would render the alien
ineligible for such relief.
(B) Completion of background checks.--The security and law
enforcement background checks required by subparagraph (A)(i)
shall be completed, to the satisfaction of the Secretary,
prior to the date the Secretary cancels the removal of the
alien under this subsection.
(7) Medical examination.--An alien applying for relief
available under this subsection shall undergo a medical
observation and examination. The Secretary of Homeland
Security, with the concurrence of the Secretary of Health and
Human Services, shall prescribe policies and procedures for
the nature, frequency, and timing of such observation and
examination.
(8) Military selective service.--An alien applying for
relief available under this subsection shall establish that
the alien has registered under the Military Selective Service
Act (50 U.S.C. App. 451 et seq.), if the alien is subject to
such registration under that Act.
(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 subsection (a)
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 to
the number of aliens who may be eligible for cancellation of
removal under subsection (a).
(e) Regulations.--
(1) Initial publication.--Not later than 180 days after the
date of the enactment of this Act, the Secretary of Homeland
Security shall publish regulations implementing this section.
(2) Interim regulations.--Notwithstanding section 553 of
title 5, United States Code, the regulations required by
paragraph (1) shall be effective, on an interim basis,
immediately upon publication but may be subject to change and
revision after public notice and opportunity for a period of
public comment.
(3) 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--
(1) has a pending application for conditional nonimmigrant
status under this Act; and
(2) establishes prima facie eligibility for cancellation of
removal and conditional nonimmigrant status under subsection
(a).
SEC. 5. CONDITIONAL NONIMMIGRANT STATUS.
(a) Length of Status.--Conditional nonimmigrant status
granted under section 4 shall be valid for a period of 10
years, subject to termination under subsection (c) of this
section.
(b) Terms of Conditional Nonimmigrant Status.--
(1) Employment.--A conditional nonimmigrant shall be
authorized to be employed in the United States incident to
conditional nonimmigrant status.
(2) Travel.--A conditional nonimmigrant may travel outside
the United States and may be admitted (if otherwise
admissible) upon return to the United States without having
to obtain a visa if--
(A) the alien is the bearer of valid, unexpired documentary
evidence of conditional nonimmigrant status; and
(B) the alien's absence from the United States was not for
a period exceeding 180 days.
(c) Termination of Status.--
(1) In general.--The Secretary of Homeland Security shall
terminate the conditional nonimmigrant status of any alien if
the Secretary determines that the alien--
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(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 Armed Forces.
(2) Return to previous immigration status.--Any alien whose
conditional nonimmigrant status is terminated under paragraph
(1) shall return to the immigration status the alien had
immediately prior to receiving conditional nonimmigrant
status.
SEC. 6. ADJUSTMENT OF STATUS.
(a) In General.--A conditional nonimmigrant may file with
the Secretary of Homeland Security, in accordance with
subsection (c), an application to have the alien's status
adjusted to that of an alien lawfully admitted for permanent
residence. The application shall provide, under penalty of
perjury, the facts and information so that the Secretary may
make the determination described in paragraph (b)(1).
(b) Adjudication of Application for Adjustment of Status.--
(1) In general.--If an application is filed in accordance
with subsection (a) 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).
(2) Adjustment of status if favorable determination.--If
the Secretary determines that the alien meets such
requirements, the Secretary shall notify the alien of such
determination and adjust the alien's status to that of an
alien lawfully admitted for permanent residence, effective as
of the date of approval of the application.
(3) 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 nonimmigrant status of the
alien as of the date of the determination.
(c) Time to File Application.--An alien shall file an
application for adjustment of status during the period
beginning 1 year before and ending on either the date that is
10 years after the date of the granting of conditional
nonimmigrant status or any other expiration date of the
conditional nonimmigrant status as extended by the Secretary
of Homeland Security in accordance with this Act. The alien
shall be deemed to be in conditional nonimmigrant status in
the United States during the period in which such application
is pending.
(d) Details of Application.--
(1) Contents of application.--Each application for an alien
under subsection (a) 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
nonimmigrant.
(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 nonimmigrant status, 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 Armed Forces 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 Armed Forces 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, adjust the 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
nonimmigrant status for the purpose of completing the
requirements described in paragraph (1)(D).
(e) Citizenship Requirement.--
(1) In general.--Except as provided in paragraph (2), the
status of a conditional nonimmigrant shall not be adjusted to
permanent resident status unless the alien demonstrates that
the alien satisfies the requirements of section 312(a) of the
Immigration and Nationality Act (8 U.S.C. 312(a)).
(2) Exception.--Paragraph (1) shall not apply to an alien
who is unable because of a physical or developmental
disability or mental impairment to meet the requirements of
such paragraph.
(f) Payment of Federal Taxes.--
(1) In general.--Not later than the date on which an
application is filed under subsection (a) for adjustment of
status, the alien shall satisfy any applicable Federal tax
liability due and owing on such date.
(2) Applicable federal tax liability.--For purposes of
paragraph (1), the term ``applicable Federal tax liability''
means liability for Federal taxes imposed under the Internal
Revenue Code of 1986, including any penalties and interest
thereon.
(g) Submission of Biometric and Biographic Data.--The
Secretary of Homeland Security may not adjust the status of
an alien under this section unless the alien submits
biometric and biographic data, in accordance with procedures
established by the Secretary. The Secretary shall provide an
alternative procedure for applicants who are unable to
provide such biometric or biographic data because of a
physical impairment.
(h) Background Checks.--
(1) Requirement for background checks.--The Secretary of
Homeland Security shall utilize biometric, biographic, and
other data that the Secretary determines appropriate--
(A) to conduct security and law enforcement background
checks of an alien applying for adjustment of status under
this section; and
(B) to determine whether there is any criminal, national
security, or other factor that would render the alien
ineligible for such adjustment of status.
(2) Completion of background checks.--The security and law
enforcement background checks required by paragraph (1)(A)
shall be completed, to the satisfaction of the Secretary,
prior to the date the Secretary grants adjustment of status.
(i) Exemption From Numerical Limitations.--Nothing in this
section or in any other law may be construed to apply a
numerical limitation on the number of aliens who may be
eligible for adjustment of status under this section.
(j) Conditional Nonimmigrants Otherwise Eligible for
Adjustment.--Nothing in this section may be construed to
limit the eligibility of a conditional nonimmigrant for
adjustment of status, issuance of an immigrant visa, or
admission as a lawful permanent resident alien at any time,
if the conditional nonimmigrant is otherwise eligible for
such benefit under the immigration laws.
(k) Eligibility for Naturalization.--An alien whose status
is adjusted under this section to that of an alien lawfully
admitted for permanent residence may be naturalized upon
compliance with all the requirements of the immigration laws
except the provisions of paragraph (1) of section 316(a) of
the Immigration and Nationality Act (8 U.S.C. 1427(a)), if
such person immediately preceding the date of filing the
application for naturalization has resided continuously,
after being lawfully admitted for permanent residence, within
the United States for at least 3 years, and has been
physically present in the United States for periods totaling
at least half of that time and has resided within the State
or the district of U.S. Citizenship and Immigration Services
in the United States in which the applicant filed the
application for at least 3 months. An alien described in this
subsection may file the application for naturalization as
provided in the second sentence of subsection (a) of section
344 of the Immigration and Nationality Act (8 U.S.C. 1445).
SEC. 7. RETROACTIVE BENEFITS.
If, on the date of the enactment of this Act, an alien has
satisfied all the requirements of section 4(a)(1) and section
6(d)(1)(D), the Secretary of Homeland Security may cancel
removal and grant conditional nonimmigrant status in
accordance with section 4. The alien may apply for adjustment
of status in accordance with section 6(a) if the alien has
met the requirements of subparagraphs (A), (B), and (C) of
section 6(d)(1) during the entire period of conditional
nonimmigrant status.
SEC. 8. 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 cancellation of
removal and conditional nonimmigrant status or adjustment of
status 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
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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. 9. PENALTIES FOR FALSE STATEMENTS.
Whoever files an application for any benefit 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, imprisoned not more than 5
years, or both.
SEC. 10. 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 an individual pursuant
to an application filed under this Act to initiate removal
proceedings against any person 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 an application
filed under this Act with a designated entity, that
designated entity, to examine such application filed under
this Act.
(b) Required Disclosure.--The Attorney General or the
Secretary of Homeland Security shall provide the information
furnished under this Act, and any other information derived
from such furnished information, to--
(1) a Federal, State, tribal, or local law enforcement
agency, intelligence agency, national security agency,
component of the Department of Homeland Security, court, or
grand jury in connection with a criminal investigation or
prosecution, a background check conducted pursuant to the
Brady Handgun Violence Protection Act (Public Law 103-159;
107 Stat. 1536) or an amendment made by that Act, or for
homeland security or national security purposes, if such
information is requested by such entity or consistent with an
information sharing agreement or mechanism; 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) Fraud in Application Process or Criminal Conduct.--
Notwithstanding any other provision of this section,
information concerning whether an alien seeking relief under
this Act has engaged in fraud in an application for such
relief or at any time committed a crime may be used or
released for immigration enforcement, law enforcement, or
national security purposes.
(d) 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. 11. 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 is granted conditional
nonimmigrant status or lawful permanent resident status 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. 12. TREATMENT OF ALIENS WITH ADJUSTED STATUS FOR CERTAIN
PURPOSES.
(a) In General.--An individual granted conditional
nonimmigrant status under this Act shall, while such
individual remains in such status, be considered lawfully
present for all purposes except--
(1) section 36B of the Internal Revenue Code of 1986
(concerning premium tax credits), as added by section 1401 of
the Patient Protection and Affordable Care Act (Public Law
111-148); and
(2) section 1402 of the Patient Protection and Affordable
Care Act (concerning reduced cost sharing; 42 U.S.C. 18071).
(b) For Purposes of the 5-year Eligibility Waiting Period
Under PRWORA.--An individual who has met the requirements
under this Act for adjustment from conditional nonimmigrant
status to lawful permanent resident status shall be
considered, as of the date of such adjustment, to have
completed the 5-year period specified in section 403 of the
Personal Responsibility and Work Opportunity Reconciliation
Act of 1996 (8 U.S.C. 1613).
SEC. 13. MILITARY ENLISTMENT.
Section 504(b)(1) of title 10, United States Code, is
amended by adding at the end the following new subparagraph:
``(D) An alien who is a conditional nonimmigrant (as that
term is defined in section 3 of the DREAM Act of 2010).''.
SEC. 14. GAO REPORT.
Not later than 7 years after the date of the 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 grant of conditional nonimmigrant status under
section 4(a);
(2) the number of aliens who applied for cancellation of
removal and grant of conditional nonimmigrant status under
section 4(a);
(3) the number of aliens who were granted conditional
nonimmigrant status under section 4(a); and
(4) the number of aliens whose status was adjusted to that
of an alien lawfully admitted for permanent residence under
section 6.
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