[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

[[Page S8304]]

     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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