[Congressional Record (Bound Edition), Volume 147 (2001), Part 11]
[Senate]
[Pages 15358-15362]
[From the U.S. Government Publishing Office, www.gpo.gov]




          STATEMENTS ON INTRODUCED BILLS AND JOINT RESOLUTIONS

      By Mrs. CARNAHAN (for herself and Ms. Mikulski):
  S. 1286. A bill to provide for greater access to child care services 
for Federal emloyees; to the Committee on Government Affairs.
  Mrs. CARNAHAN. Madam President, one of the great challenges we face 
as a society is to find ways to ease the burdens of our modern, hectic 
world on working families. When I talk to Missouri parents who work 
outside the home, one of their top concerns, if not their top concern, 
is finding high-quality, affordable child care.
  Every generation of my own family has struggled with this issue. My 
mother struggled with it. I struggled with it. My children struggle 
with it now. It would be this grandmother's fondest wish that when my 
grandchildren become parents themselves, finding affordable, quality 
child care won't be a problem.
  More and more, employers are finding that providing access to daycare 
is important in attracting and retaining a quality workforce. Parents 
who know their children are happy, safe, and enriched in their day care 
setting are more productive, less distracted, and more satisfied 
employees. In an effort to support employers' efforts to offer this 
valuable service to their employees, I have co-sponsored S. 99, a bill 
that provides tax credits to employers who provide child care 
assistance to their employees.
  Accessing affordable child care is an issue for federal employees, 
too. As the largest employer in the country, the Federal Government 
shall lead by example in supporting working families. For this reason, 
today I am introducing the ``Child Care Affordability for Federal 
Employees Act.
  Senator Barbara Mikulski is an original co-sponsor of the bill, and I 
would like to thank her for the strong leadership she has shown on this 
issue. She has worked hard to make this initiative a permanent reality 
for Federal employees in Maryland and across the United States.
  This bill grants Federal agencies the flexibility to use a portion of 
their funds to provide child care assistance for their lower income 
employees. Federal agencies can choose to allow the assistance to apply 
towards the costs of its own-site Federal facility or an individual 
provider in the area that is licensed and safe.
  Being able to afford child care is a problem for all employees, but 
it is particularly difficult for low income employees. This bill will 
assist low income Federal employees to afford the safe, quality child 
care that is available on-site. If the agency so chooses, it could also 
help low-income employees better afford safe, licensed child care that 
is available in the community.

[[Page 15359]]

  I hope this legislation will also help the Federal Government compete 
with the private sector in attracting employees. In January, the GAO 
placed the Federal Government's human capital crisis on its ``High-
Risk'' list of serious government problems. In three years, more than 
half of the federal workforce will be eligible for regular or early 
retirement. This bill is a strong, concrete action that Congress can 
take to help the Federal Government compete with the private sector to 
attract the skilled Federal workforce it needs.
  For the past two years, this initiative has been included in the 
annual Treasury-Postal Appropriations bill. This has been a critical 
first step. From its initial implementation, we now know that the 
program works and that families in Missouri and across the country have 
benefit from it. However, because the program was only temporary, some 
Federal agencies elected not to participate. They were afraid to offer 
the benefit for a year and then have to take it away from their 
employees if it were not renewed. Other agencies have only implemented 
the program at a small level for the same reason. Passing this 
legislation and making the program permanent is essential to helping 
this initiative reach its full potential and benefit the maximum number 
of families.
  We know that child care is not simply about children having a place 
to go where an adult is present. A child's environment has significant 
impact on their well-being and development. This is particularly true 
for children during the first three years of life. Recent brain studies 
have shown that those early brain influences matter more than we ever 
imagined. This bill seeks to ensure that more of our children spend 
their days in safe, nurturing environments. As the writer Gabriella 
Mistral has said: ``Many things can wait, the child cannot ... To him 
we cannot say tomorrow, his name is today.''
                                 ______
                                 
      By Mr. LOTT (for himself and Mr. Cochran):
  S. 1287. A bill to designate the Federal building and United States 
courthouse located at 2015 15th Street in Gulfport, Mississippi, as the 
``Judge Dan M. Russell, Jr. Federal Building and United States 
Courthouse''; to the Committee on Environment and Public Works.
  Mr. LOTT. Mr. President, I ask unanimous consent that the text of the 
bill be printed in the Record.
  There being no objection, the bill was ordered to be printed in the 
Record, as follows:

                                S. 1287

       Be it enacted by the Senate and House of Representatives of 
     the United States of America in Congress assembled,

     SECTION 1. DESIGNATION OF JUDGE DAN M. RUSSELL, JR. FEDERAL 
                   BUILDING AND UNITED STATES COURTHOUSE.

       The Federal building and United States courthouse located 
     at 2015 15th Street in Gulfport, Mississippi, shall be known 
     and designated as the ``Judge Dan M. Russell, Jr. Federal 
     Building and United States Courthouse''.

     SEC. 2. REFERENCES.

       Any reference in a law, map, regulation, document, paper, 
     or other record of the United States to the Federal building 
     and United States courthouse referred to in section 1 shall 
     be deemed to be a reference to the Judge Dan M. Russell, Jr. 
     Federal Building and United States Courthouse.
                                 ______
                                 
      By Mr. SHELBY (for himself and Mr. Sessions):
  S. 1288. A bill to amend the Tennessee Valley Authority Act of 1933 
to modify provisions relating to the Board of Directors of the 
Tennessee Valley Authority, and for other purposes; to the Committee on 
Environment and Public Works.
  Mr. SHELBY. Madam President, I rise today to introduce legislation to 
reform the board structure of the Tennessee Valley Authority. The 
legislation that I am introducing with my colleague from Alabama would 
create a corporate structure to oversee TVA.
  This legislation expands the board from the current three members to 
14 members, requiring the President to appoint two members from each of 
the seven states in which TVA operates. In addition to expanding the 
board, our legislation creates the position of a Chief Executive 
Officer who will be responsible for daily management and operation 
decisions. Under this new structure, board members would serve on a 
part-time basis, receiving a stipend for their services and the CEO 
would become the only full-time, paid position.
  It is no secret that TVA has suffered financial turmoil in the past 
and is still trying to work its way out of substantial debt. In my 
view, restructuring and reform are overdue. The goal of this 
legislation is to provide the Authority with board members that have a 
direct interest in the well-being of TVA and its rate payers and to 
place at the helm a Chief Executive Officer to make the difficult 
business decisions that will guide TVA through the impending challenges 
of an evolving energy industry.
  TVA is a multi-billion dollar entity. However, it continues to 
operate under the same administrative structure it did when Congress 
created the Authority in 1933. Senator Sessions and I believe that it 
is time for that structure to change. It is time for the Tennessee 
Valley Authority to step into the 21st Century and out of the 
bureaucratic stronghold that has guided its decision making process for 
so long. We believe that this new board structure will equip TVA to 
meet the challenges of the future and better serve the people of 
Alabama and the other States in which it operates.
  I ask unanimous consent that the text of the bill be printed in the 
Record.
  There being no objection, the bill was ordered to be printed in the 
Record, as follows:

                                S. 1288

       Be it enacted by the Senate and House of Representatives of 
     the United States of America in Congress assembled,

     SECTION 1. CHANGE IN COMPOSITION, OPERATION, AND DUTIES OF 
                   THE BOARD OF DIRECTORS OF THE TENNESSEE VALLEY 
                   AUTHORITY.

       (a) In General.--The Tennessee Valley Authority Act of 1933 
     (16 U.S.C. 831 et seq.) is amended by striking section 2 and 
     inserting the following:

     ``SEC. 2. MEMBERSHIP, OPERATION, AND DUTIES OF THE BOARD OF 
                   DIRECTORS.

       ``(a) Membership.--
       ``(1) Appointment.--The Board of Directors of the 
     Corporation (referred to in this Act as the `Board') shall be 
     composed of 14 members appointed by the President by and with 
     the advice and consent of the Senate.
       ``(2) Composition.--The Board shall be composed of 14 
     members, of whom--
       ``(A) 2 members shall be residents of Alabama;
       ``(B) 2 members shall be residents of Georgia;
       ``(C) 2 members shall be residents of Kentucky;
       ``(D) 2 members shall be residents of Mississippi;
       ``(E) 2 members shall be residents of North Carolina;
       ``(F) 2 members shall be residents of Tennessee; and
       ``(G) 2 members shall be residents of Virginia.
       ``(b) Qualifications.--
       ``(1) In general.--To be eligible to be appointed as a 
     member of the Board, an individual--
       ``(A) shall be a citizen of the United States;
       ``(B) shall not be an employee of the Corporation;
       ``(C) shall have no substantial direct financial interest 
     in--
       ``(i) any public-utility corporation engaged in the 
     business of distributing and selling power to the public; or
       ``(ii) any business that may be adversely affected by the 
     success of the Corporation as a producer of electric power; 
     and
       ``(D) shall profess a belief in the feasibility and wisdom 
     of this Act.
       ``(2) Party affiliation.--Not more than 8 of the 14 members 
     of the Board may be affiliated with a single political party.
       ``(c) Terms.--
       ``(1) In general.--A member of the Board shall serve a term 
     of 4 years except that in first making appointments after the 
     date of enactment of this paragraph, the President shall 
     appoint--
       ``(A) 5 members to a term of 2 years;
       ``(B) 6 members to a term of 3 years; and
       ``(C) 3 members to a term of 4 years.
       ``(2) Vacancies.--A member appointed to fill a vacancy in 
     the Board occurring before the expiration of the term for 
     which the predecessor of the member was appointed shall be 
     appointed for the remainder of that term.
       ``(3) Reappointment.--
       ``(A) In general.--A member of the Board that was appointed 
     for a full term may be reappointed for 1 additional term.

[[Page 15360]]

       ``(B) Appointment to fill vacancy.--For the purpose of 
     subparagraph (A), a member appointed to serve the remainder 
     of the term of a vacating member for a period of more than 2 
     years shall be considered to have been appointed for a full 
     term.
       ``(d) Quorum.--
       ``(1) In general.--Eight members of the Board shall 
     constitute a quorum for the transaction of business.
       ``(2) Minimum number of members.-- A vacancy in the Board 
     shall not impair the power of the Board to act, so long as 
     there are 8 members in office.
       ``(e) Compensation.--
       ``(1) In general.--A member of the Board shall be entitled 
     to receive--
       ``(A) a stipend of $30,000 per year; and
       ``(B) travel expenses, including per diem in lieu of 
     subsistence, in the same manner as persons employed 
     intermittently in Government service under section 5703 of 
     title 5, United States Code.
       ``(2) Adjustments in stipends.--The amount of the stipend 
     under paragraph (1)(A) shall be adjusted by the same 
     percentage, at the same time and manner, and subject to the 
     same limitations as are applicable to adjustments under 
     section 5318 of title 5, United States Code.
       ``(f) Chief Executive Officer.--
       ``(1) Appointment.--The President, by and with the advice 
     and consent of the Senate, shall appoint a person to serve as 
     chief executive officer of the Corporation.
       ``(2) Qualifications.--To serve as chief executive officer 
     of the Corporation, a person--
       ``(A) shall be a citizen of the United States;
       ``(B) shall have proven management experience in large, 
     complex organizations;
       ``(C) shall not be a current member of the Board or have 
     served as a member of the Board within 2 years before being 
     appointed chief executive officer; and
       ``(D) shall have no substantial direct financial interest 
     in--
       ``(i) any public-utility corporation engaged in the 
     business of distributing and selling power to the public; or
       ``(ii) any business that may be adversely affected by the 
     success of the Corporation as a producer of electric power; 
     and
       ``(3) Term.--
       ``(A) In general.--The chief executive officer shall serve 
     for a term of 4 years.
       ``(B) Reappointment.--The chief executive officer may be 
     reappointed for additional terms.
       ``(4) Compensation.--
       ``(A) In general.--The chief executive officer shall be 
     entitled to receive--
       ``(i) compensation at a rate that does not exceed the 
     annual rate of pay prescribed under Level III of the 
     Executive Schedule under section 5315 of title 5, United 
     States Code; and
       ``(ii) reimbursement from the Corporation for travel 
     expenses, including per diem in lieu of subsistence, while 
     away from home or regular place of business of the chief 
     executive officer in the performance of the duties of the 
     chief executive officer.''.
       (b) Current Board Members.--A member of the board of 
     directors of the Tennessee Valley Authority who was appointed 
     before the effective date of the amendment made by subsection 
     (a)--
       (1) shall continue to serve as a member until the date of 
     expiration of the member's current term; and
       (2) may not be reappointed.

     SEC. 3. EFFECTIVE DATE.

       The amendments made by this Act take effect, and the 
     additional members of the Board of the Tennessee Valley 
     Authority and Chief Executive Officer shall be appointed so 
     as to commence their terms on, the date that is 90 days after 
     the date of enactment of this Act.
                                 ______
                                 
      By Ms. SNOWE:
  S. 1289. A bill to require the Secretary of the Navy to report 
changes in budget and staffing that take place as a result of the 
regionalization program of the Navy; to the Committee on Armed 
Services.
  Mr. SNOWE. Madam President, I rise today to introduce the Navy 
Regionalization Reporting Act, a bill that would benefit all Navy bases 
and their surrounding communities by providing ample notification of 
planned, through regular reports, and unplanned, through the 
Congressional notifications, funding and employment level changes due 
to the Navy's regionalization process.
  Earlier this year, it was brought to my attention that both funding 
and jobs at the Naval Air Station in Brunswick, ME, could be impacted 
by the Navy's reallocation of base operating functions as part of its 
regionalization program. The Navy's stated goal for the regionalization 
program is to consolidate functions by eliminating management and 
support redundancies with the end result being increased efficiency and 
decreased overhead costs for shore installations. As such, for the 
Navy's program to be successful, funding, as well as jobs, must be 
reduced in some areas.
  While I applaud Navy's intentions to increase efficiency and save 
taxpayer dollars, I can not support efforts that may lead to reduced 
service levels for our men and women in uniform. I am also concerned 
that the Navy has not been able to produce detailed projections on the 
impact regionalization will have on the Federal employees.
  To date, the Navy has been unable to answer questions regarding 
future employment levels and has not established a method to track or 
predict changes in budget and job allocations at its bases that take 
place as a result of the regionalization program.
  This legislation would require the Navy to establish a tracking and 
planning program to make these changes more transparent. The Navy would 
provide an initial baseline or historical report that includes the pre-
regionalization budgets and staffing levels at each base or station in 
each Navy region by July 2002. Subsequently, the Navy would submit 
semi-annual reports with projected and actual losses, gains, or 
restructuring of budgets and staff for each base. Any deviation from 
the reported budget or staff projections would then require 
Congressional notification 30 days prior to implementation.
  Finally, in an effort to prevent the degradation of operational 
readiness and quality of life for our service members due to the 
redistribution of base support functions, this legislation includes a 
Sense of the Senate that the Navy should ensure the job and dollar 
distribution within each region is equitable and does not become 
concentrated at one location.
  To assure the benefits of the Navy's program are equitably realized 
at all bases and communities, I urge my colleagues to support the Navy 
Regionalization Reporting Act.
                                 ______
                                 
      By Mr. GRASSLEY. (for himself, Mr. Harkin, and Mr. Brownback):
  S. 1290. A bill to amend title 49, United States Code, to preempt 
State laws requiring a certificate of approval or other form of 
approval prior to the construction or operation of certain airport 
development projects, and for other purposes; to the Committee on 
Commerce, Science, and Transportation.
  Mr. GRASSLEY. Mr. President, I ask unanimous consent that the text of 
the bill be printed in the Record.
  There being no objection, the bill was ordered to be printed in the 
Record, as follows:

                                S. 1290

       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 ``End Gridlock at Our Nation's 
     Critical Airports Act of 2001''.

     SEC. 2. PREEMPTION OF STATE LAWS REQUIRING APPROVAL OF 
                   AIRPORT DEVELOPMENT PROJECTS.

       (a) In General.--Chapter 401 of title 49, United States 
     Code, is amended by adding at the end the following:

     ``Sec. 40129. Preemption of State laws requiring approval of 
       airport development projects

       ``(a) In General.--No State, political subdivision of a 
     State, or political authority of at least 2 States may enact 
     or enforce a law, regulation, or other provision having the 
     force and effect of law that--
       ``(1) requires a certificate of approval or other form of 
     approval prior to the construction or operation of an airport 
     development project at a covered airport if the project meets 
     the standards established by the Secretary of Transportation 
     under section 47105(b)(3), whether or not the project is the 
     subject of a grant approved under chapter 471; or
       ``(2) prohibits, conditions, or otherwise regulates the 
     direct application for, or receipt or expenditure of, a grant 
     or other funds by the sponsor of a covered airport under 
     chapter 471 for an airport development project at a covered 
     airport if the project meets the standards referred to in 
     paragraph (1).
       ``(b) Covered Airport Defined.--In this section, the term 
     `covered airport' means an airport that each year has at 
     least .25 percent of the total annual boardings in the United 
     States.''.
       (b) Conforming Amendment.--The analysis for such chapter is 
     amended by adding at the end the following new item:

``40129. Preemption of State laws requiring approval of airport 
              development projects.''.

[[Page 15361]]


                                 ______
                                 
      By Mr. HATCH:
  S. 1291. A bill to amend the Illegal Immigration Reform and Immigrant 
Responsibility Act of 1996 to permit States to determine State 
residency for higher education purposes and to authorize the 
cancellation of removal and adjustment of status of certain alien 
college-bound students who are long term United States residents; to 
the Committee on the Judiciary.
  Mr. HATCH. Madam President, I rise today to introduce legislation 
aimed at benefitting a very special group of persons--illegal alien 
children who are long-term residents of the United States. This 
legislation, known as the ``DREAM Act,'' would allow children who have 
been brought to the United States through no volition of their own the 
opportunity to fulfill their dreams, to secure a college degree and 
legal status. The purpose of the DREAM Act is to ensure that we leave 
no child behind, regardless of his or her legal status in the United 
States or their parents' illegal status.
  By law, undocumented alien children are entitled to a subsidized 
education through high school. In fact, an estimated 50,000 to 70,000 
such students graduate from high schools throughout the country each 
year. Many of these students are thereafter interested in bettering 
themselves and their families by securing higher education. Generally, 
admittance to college is not a problem. However, the cost of attending 
college and the lack of any mechanism by which undocumented aliens 
students may obtain legal status in the United States prevents these 
children from having a meaningful opportunity to obtain a college 
degree. The DREAM Act would 1. aid undocumented alien children in their 
financial efforts to attend college, and 2. provide adjustment of 
status to undocumented alien children who secure a degree of higher 
education.
  Presently, the law penalizes States that grant a post-secondary 
benefit, such as in-state tuition, to an undocumented student unless 
the state also provides that same benefit to out-of-state students. I 
believe that the decision of a State to grant any such benefit to an 
undocumented individual residing in the same rests with the State 
alone. Accordingly, I am opposed to that aforementioned provision of 
law. The bill I introduce today, the DREAM Act, proposes to repeal that 
section of the law.
  Second, I propose that we offer undocumented alien children the 
opportunity to earn permanent residency in the United States in 
conjunction with earning either a 4 or 2-year college degree. Under the 
DREAM Act, an alien who has continuously resided in the United States 
for 5 years, is a person of good moral character, has not been 
convicted of certain offenses, and has been admitted to a qualified 
institute of higher education may adjust his or her status to that of 
conditional permanent resident. Thereafter, the student has 6 or 4 
years to graduate from a qualified 4 or 2-year institution, 
respectively. Upon graduation and a demonstration that the student has 
remained a person of good moral character, has maintained his or her 
continuous physical presence in the United States, and has not become 
removable based on criminal convictions or security grounds, the 
conditions of the student's status are removed and that student becomes 
a full-fledged permanent resident.
  I recognize that there are significant differences between the DREAM 
Act and other legislation that has been recently introduced. However, I 
look forward to working with members of this body to ensure that the 
American dream is extended to these children. I therefore strongly urge 
my colleagues to support this bill and thereby provide hope and 
opportunity to hundreds of thousands of deserving alien children 
nationwide.
  I ask unanimous consent that the text of the bill be included 
following my remarks.
  There being no objection, the bill was ordered to be printed in the 
Record, as follows:

                                S. 1291

       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'' or ``DREAM Act''.

     SEC. 2. RESTORATION OF STATE OPTION TO DETERMINE RESIDENCY 
                   FOR PURPOSES OF HIGHER EDUCATION BENEFITS.

       Section 505 of the Illegal Immigration Reform and Immigrant 
     Responsibility Act of 1996 (division C of Public Law 104-208; 
     110 Stat 3009-672; 8 U.S.C. 1623) is repealed.

     SEC. 3. CANCELLATION OF REMOVAL AND ADJUSTMENT OF STATUS OF 
                   CERTAIN LONG-TERM RESIDENT STUDENTS.

       (a) Special Rule for Children in Qualified Institutions of 
     Higher Education.--
       (1) In general.--Notwithstanding any other provision of law 
     and subject to paragraph (2), the Attorney General may cancel 
     removal of, and adjust to the status of an alien lawfully 
     admitted for permanent residence, subject to the conditional 
     basis described in section 4, an alien who is inadmissible or 
     deportable from the United States, if the alien demonstrates 
     that--
       (A) the alien has applied for relief under this subsection 
     not later than two years after the date of enactment of this 
     Act;
       (B) the alien has not, at the time of application, attained 
     the age of 21;
       (C) the alien, at the time of application, is attending an 
     institution of higher education in the United States (as 
     defined in section 101 of the Higher Education Act of 1965 
     (20 U.S.C. 1001));
       (D) the alien was physically present in the United States 
     on the date of the enactment of this Act and has been 
     physically present in the United States for a continuous 
     period of not less than five years immediately preceding the 
     date of enactment of this Act;
       (E) the alien has been a person of good moral character 
     during such period; and
       (F) the alien is not inadmissible under section 212(a)(2) 
     or 212(a)(3) or deportable under section 237(a)(2) or 
     237(a)(4).
       (2) Procedures.--The Attorney General shall provide a 
     procedure by regulation allowing eligible individuals to 
     apply affirmatively for the relief available under this 
     paragraph without being placed in removal proceedings.
       (b) Termination of Continuous Period.--For purposes of this 
     section, any period of continuous residence or continuous 
     physical presence in the United States of an alien who 
     applies for cancellation of removal under this section shall 
     not terminate when the alien is served a notice to appear 
     under section 239(a) of the Immigration and Nationality Act.
       (c) Treatment of Certain Breaks in Presence.--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.
       (d) Statutory Construction.--Nothing in this section may be 
     construed to apply a numerical limitation on the number of 
     aliens who may be eligible for cancellation of removal or 
     adjustment of status under this section.
       (e) Regulations.--
       (1) Proposed regulations.--Not later than 90 days after the 
     date of the enactment of this Act, the Attorney General shall 
     publish proposed regulations implementing this section.
       (2) Interim, final regulations.--Not later than 180 days 
     after the date of the enactment of this Act, the Attorney 
     General shall publish final regulations implementing this 
     section. Such regulations shall be effective immediately on 
     an interim basis, but are subject to change and revision 
     after public notice and opportunity for a period for public 
     comment.

     SEC. 4. CONDITIONAL PERMANENT RESIDENT STATUS FOR CERTAIN 
                   LONG-TERM RESIDENT STUDENTS.

       (a) In General.--
       (1) Conditional basis for status.--Notwithstanding any 
     other provision of this Act, an alien whose status has been 
     adjusted under section 3 to that of an alien lawfully 
     admitted for permanent residence shall be considered, at the 
     time of obtaining the adjustment of status, to have obtained 
     such status on a conditional basis subject to the provisions 
     of this section.
       (2) Notice of requirements.--
       (A) At time of obtaining permanent residence.--At the time 
     an alien obtains permanent resident status on a conditional 
     basis under paragraph (1), the Attorney General shall provide 
     for notice to such alien respecting the provisions of this 
     section and the requirements of subsection (c)(1) to have the 
     conditional basis of such status removed.
       (B) At time of required petition.--In addition, the 
     Attorney General shall attempt to provide notice to such an 
     alien, at or about the date of the alien's graduation from an 
     institution of higher education of the requirements of 
     subsection (c)(1).
       (C) Effect of failure to provide notice.--The failure of 
     the Attorney General to provide a notice under this paragraph 
     shall not affect the enforcement of the provisions of this 
     section with respect to such an alien.
       (b) Termination of Status if Finding That Qualifying 
     Education Improper.--

[[Page 15362]]

       (1) In general.--In the case of an alien with permanent 
     resident status on a conditional basis under subsection (a), 
     if the Attorney General determines that the alien is no 
     longer a student in good standing at an accredited 
     institution of higher education, the Attorney General shall 
     so notify the alien and, subject to paragraph (2), shall 
     terminate the permanent resident status of the alien as of 
     the date of the determination.
       (2) Hearing in removal proceeding.--Any alien whose 
     permanent resident status is terminated under paragraph (1) 
     may request a review of such determination in a proceeding to 
     remove the alien. In such proceeding, the burden of proof 
     shall be on the alien to establish, by a preponderance of the 
     evidence, that the condition described in paragraph (1) is 
     not met.
       (c) Requirements of Timely Petition for Removal of 
     Condition.--
       (1) In general.--In order for the conditional basis 
     established under subsection (a) for an alien to be removed 
     the alien must submit to the Attorney General, during the 
     period described in subsection (d)(2), a petition which 
     requests the removal of such conditional basis and which 
     states, under penalty of perjury, the facts and information 
     described in subsection (d)(1).
       (2) Termination of permanent resident status for failure to 
     file petition.--
       (A) In general.--In the case of an alien with permanent 
     resident status on a conditional basis under subsection (a), 
     if no petition is filed with respect to the alien in 
     accordance with the provisions of paragraph (1), the Attorney 
     General shall terminate the permanent resident status of the 
     alien as of the 90th day after the graduation of the alien 
     from an institution of higher education.
       (B) Hearing in removal proceeding.--In any removal 
     proceeding with respect to an alien whose permanent resident 
     status is terminated under subparagraph (A), the burden of 
     proof shall be on the alien to establish compliance with the 
     condition of paragraph (1).
       (3) Determination after petition and interview.--
       (A) In general.--If a petition is filed in accordance with 
     the provisions of paragraph (1), the Attorney General shall 
     make a determination, within 90 days, as to whether the facts 
     and information described in subsection (d)(1) and alleged in 
     the petition are true with respect to the alien's education.
       (B) Removal of conditional basis if favorable 
     determination.--If the Attorney General determines that such 
     facts and information are true, the Attorney General shall so 
     notify the alien and shall remove the conditional basis of 
     the status of the alien effective as of the 90th day after 
     the alien's graduation from an institution of higher 
     education.
       (C) Termination if adverse determination.--If the Attorney 
     General determines that such facts and information are not 
     true, the Attorney General shall so notify the alien and, 
     subject to subparagraph (D), shall terminate the permanent 
     resident status of an alien as of the date of the 
     determination.
       (D) Hearing in removal proceeding.--Any alien whose 
     permanent resident status is terminated under subparagraph 
     (C) may request a review of such determination in a 
     proceeding to remove the alien. In such proceeding, the 
     burden of proof shall be on the Attorney General to 
     establish, by a preponderance of the evidence, that the facts 
     and information described in subsection (d)(1) and alleged in 
     the petition are not true with respect to the alien's 
     education.
       (d) Details of Petition.--
       (1) Contents of petition.--Each petition under subsection 
     (c)(1)(A) shall contain the following facts and information:
       (A) The alien graduated from an institution of higher 
     education, as evidenced by an official report from the 
     registrar--
       (i) within six years, in the case of a four-year bachelor's 
     degree program; or
       (ii) within four years, in the case of the degree program 
     of a two-year institution.
       (B) The alien maintained good moral character.
       (C) The alien has not been convicted of any offense 
     described in section 237(a)(2) or 237(a)(4).
       (D) The alien has maintained continuous physical residence 
     in the United States.
       (2) Period for filing petition.--The petition under 
     subsection (c)(1)(A) must be filed during the 90-day period 
     after the alien's graduation from a institution of higher 
     education.
       (e) Treatment of Period for Purposes of Naturalization.--
     For purposes of title III of the Immigration and Nationality 
     Act, in the case of an alien who is in the United States as a 
     lawful permanent resident on a conditional basis under this 
     section, the alien shall be considered to have been admitted 
     as an alien lawfully admitted for permanent residence and to 
     be in the United States as an alien lawfully admitted to the 
     United States for permanent residence.
       (f) Treatment of Certain Waivers.--In the case of an alien 
     who has permanent residence status on a conditional basis 
     under this section, if, in order to obtain such status, the 
     alien obtained a waiver under subsection (h) or (i) of 
     section 212 of the Immigration and Nationality Act of certain 
     grounds of inadmissibility, such waiver terminates upon the 
     termination of such permanent residence status under this 
     section.
       (g) Institution of Higher Education Defined.--In this 
     section, the term ``institution of higher education'' has the 
     meaning given the term in section 101 of the Higher Education 
     Act of 1965 (20 U.S.C.1001).

     SEC. 5. GAO REPORT.

       Six years after the date of enactment of this Act, the 
     Comptroller General of the United States shall submit a 
     report to the Committees on the Judiciary of the Senate and 
     the House of Representatives setting forth--
       (1) the number of aliens who were eligible for cancellation 
     of removal and adjustment of status during the application 
     period described in section 3(a)(1)(A);
       (2) the number of aliens who applied for adjustment of 
     status under section 3(a);
       (3) the number of aliens who were granted adjustment of 
     status under section 3(a); and
       (4) the number of aliens with respect to whom the 
     conditional basis of their status was removed under section 
     4.