[Congressional Record Volume 156, Number 154 (Tuesday, November 30, 2010)]
[Senate]
[Pages S8301-S8304]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      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--

[[Page S8303]]

       (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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