[House Report 111-677]
[From the U.S. Government Publishing Office]
111th Congress Report
HOUSE OF REPRESENTATIVES
2d Session 111-677
======================================================================
PROVIDING FOR CONSIDERATION OF THE SENATE AMENDMENTS TO THE BILL (H.R.
5281) TO AMEND TITLE 28, UNITED STATES CODE, TO CLARIFY AND IMPROVE
CERTAIN PROVISIONS RELATING TO THE REMOVAL OF LITIGATION AGAINST
FEDERAL OFFICERS OR AGENCIES TO FEDERAL COURTS, AND FOR OTHER PURPOSES
_______
December 8, 2010.--Referred to the House Calendar and ordered to be
printed
_______
Mr. Polis, from the Committee on Rules,
submitted the following
R E P O R T
[To accompany H. Res. 1756]
The Committee on Rules, having had under consideration
House Resolution 1756, by a record vote of 8 to 2, report the
same to the House with the recommendation that the resolution
be adopted.
SUMMARY OF PROVISIONS OF THE RESOLUTION
The resolution provides for the consideration of the Senate
amendments to H.R. 5281, the Removal Clarification Act of 2010
(Development, Relief, and Education for Alien Minors (DREAM)
Act). The resolution makes in order a motion offered by the
chair of the Committee on the Judiciary that the House concur
in the Senate amendments numbered 1 and 2, and that the House
concur in the Senate amendment numbered 3 with the amendment
printed in this report. The resolution provides one hour of
debate on the motion equally divided and controlled by the
chair and ranking minority member of the Committee on the
Judiciary. The resolution waives all points of order against
consideration of the motion except those arising under clause
10 of rule XXI. Finally, the resolution provides that the
Senate amendments and the motion shall be considered as read.
EXPLANATION OF WAIVERS
Although the rule waives all points of order against
consideration of the motion (except those arising under clause
10 of rule XXI) the Committee is not aware of any points of
order against the motion. The waiver of all points of order
against the motion is prophylactic.
COMMITTEE VOTES
The results of each record vote on an amendment or motion
to report, together with the names of those voting for and
against, are printed below:
Rules Committee record vote No. 512
Date: December 8, 2010.
Measure: Senate amendments to H.R. 5281.
Motion by: Mr. McGovern.
Summary of motion: To report the rule.
Results: Adopted 8-2.
Vote by Members: McGovern--Yea; Hastings (FL)--Yea;
Matsui--Yea; Arcuri--Yea; Perlmutter--Yea; Pingree--Yea;
Polis--Yea; Dreier--Nay; Foxx--Nay; Slaughter--Yea.
SUMMARY OF HOUSE AMENDMENT
Under the amendment, a Dream Act applicant who meets the
amendment's requirements becomes a ``conditional
nonimmigrant.'' The Dream Act would allow an individual to
obtain this conditional status only if he or she meets all of a
set of requirements, including having been brought to the
United States as a child 15 years old or younger, and is
currently 29 years old or younger. The Dream Act further limits
eligibility for conditional status by specifically excluding
anyone who has committed one felony or three misdemeanors or is
likely to become a public charge, among other criteria.
While they are in conditional status, Dream Act
participants are excluded from receiving government subsidies
to participate in the health insurance exchanges created by the
Affordable Care Act. They also would be ineligible for
Medicaid, Food Stamps and other entitlement programs.
Furthermore, they are prohibited from obtaining Pell grants,
Federal supplemental educational opportunity grants, and other
federal grants. However, they would be eligible for federal
work study and student loans as well as social insurance
programs to which they have contributed, as this would require
them to earn or repay the money they need for their education.
Conditional nonimmigrant status must be terminated if the
participant fails to continue to meet the conditions for
receiving that status, including having good moral character,
keeping a clean criminal record, and staying self-sufficient.
If the applicant has joined the military, status must be
terminated if the applicant receives a dishonorable or other
than honorable discharge. Under the bill, a successful Dream
Act applicant receives a conditional status for an initial
period of 5 years. After those 5 years, the individual applies
for an extension of their conditional status for a second
period of 5 years. The Dream Act would allow an individual to
obtain the 5-year extension of their conditional status only if
he or she has demonstrated good moral character during the 5-
year period they have had conditional status; has lived
continuously in the United States during the 5 years; and has
either earned a degree from an institution of higher education,
completed at least two years of post-secondary education in
good standing towards a bachelor's degree, served in the U.S.
Armed Forces for at least two years and, if discharged, has
received an honorable discharge.
After 10 years in conditional status, the Dream Act then
gives this limited group of individuals the chance to earn
lawful permanent resident status, but only if the applicant
meets additional standards such as having paid taxes; having
demonstrated the ability to read, write, and speak English and
demonstrates knowledge and understanding of the fundamentals of
the history, principles, and form of government of the United
States; having maintained good moral character throughout the
10 years; having lived continuously in the United States
throughout the 10 years; and having once more submitted
biometric and biographic information and completed security and
law-enforcement background checks.
The Dream Act also contains a one-year application
deadline. An individual would be required to apply for
conditional status within one year of obtaining a high school
degree or a GED or the effective date of interim regulations
under the Act. The Dream Act places the burden of proof on the
applicant. An individual would be required to demonstrate
eligibility for the Dream Act by a preponderance of the
evidence.
TEXT OF HOUSE AMENDMENT
At the end of the matter proposed to be inserted by the
Senate amendment numbered 3, add the following:
SEC. 4. SHORT TITLE.
Notwithstanding section 1, sections 5 through 16 of this Act
may be cited as the ``Development, Relief, and Education for
Alien Minors Act of 2010'' or the ``DREAM Act of 2010''.
SEC. 5. DEFINITIONS.
In this section and sections 6 through 16 of this Act:
(1) In general.--Except as otherwise specifically
provided, a term used in this section and section 6
through 16 of this Act 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. 6. 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 section
and sections 7 through 16 of 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) subject to paragraph (2), 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.--With respect to any benefit under this
section and sections 7 through 16 of this Act, the
Secretary of Homeland Security may waive the ground of
inadmissibility under paragraph (1), (4), or (6) of
section 212(a) of the Immigration and Nationality Act
(8 U.S.C. 1182(a)) and the ground of deportability
under paragraph (1) of section 237(a) of that Act (8
U.S.C. 1227(a)) 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) Surcharge.--The Secretary of Homeland Security
shall charge and collect a surcharge of $525 per
application on all applications for relief under this
subsection. Such surcharge shall be in addition to the
otherwise applicable application fee imposed for the
purpose of recovering the full costs of providing
adjudication and processing services. Notwithstanding
any other provision of law, including section 286 of
the Immigration and Nationality Act (8 U.S.C. 1356),
any surcharge collected under this paragraph shall be
deposited as offsetting receipts in the General Fund of
the Treasury and shall not be available for obligation
or expenditure.
(5) 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 earned a high school
diploma or obtained a general education
development certificate in the United States;
or
(B) the effective date of the interim
regulations under subsection (d).
(6) 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.
(7) 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) shall be
completed, to the satisfaction of the
Secretary, prior to the date the Secretary
cancels the removal of the alien under this
subsection.
(8) 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 and timing of
such observation and examination.
(9) 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) 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.
(e) 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. 7. CONDITIONAL NONIMMIGRANT STATUS.
(a) Length of Status.--Conditional nonimmigrant status
granted under section 6 shall be valid for an initial period of
5 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--
(A) ceases to meet the requirements of
subparagraph (B) or (C) of section 6(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.
(d) Extension of Status.--
(1) Eligibility.--The Secretary of Homeland Security
shall extend the conditional nonimmigrant status of an
alien for a second period of 5 years if the following
requirements are 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
6(a)(1)(C).
(C) The alien has not abandoned the alien's
residence in the United States. For purposes of
this subparagraph--
(i) 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; and
(ii) 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--
(i) 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; or
(ii) 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) Surcharge.--The Secretary of Homeland Security
shall charge and collect a surcharge of $2,000 per
application on all applications for an extension under
this subsection. Such surcharge shall be in addition to
the otherwise applicable application fee imposed for
the purpose of recovering the full costs of providing
adjudication and processing services. Notwithstanding
any other provision of law, including section 286 of
the Immigration and Nationality Act (8 U.S.C. 1356),
any surcharge collected under this paragraph shall be
deposited as offsetting receipts in the General Fund of
the Treasury and shall not be available for obligation
or expenditure.
(3) Hardship exception.--The Secretary of Homeland
Security may, in the Secretary's discretion, extend the
conditional nonimmigrant status of an alien if the
alien--
(A) satisfies the requirements of
subparagraphs (A), (B), and (C) of paragraph
(1);
(B) demonstrates compelling circumstances for
the inability to complete the requirements
described in paragraph (1)(D); and
(C) 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.
SEC. 8. 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 subsection (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 paragraphs (1) through (4) of
subsection (d).
(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 initial grant 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) 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:
(1) The alien has demonstrated good moral character
during the entire period the alien has been a
conditional nonimmigrant.
(2) The alien is in compliance with section
6(a)(1)(C).
(3) The alien has not abandoned the alien's residence
in the United States. For purposes of this paragraph--
(A) the Secretary shall presume that the
alien has abandoned such residence if the alien
is absent from the United States for more than
730 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; and
(B) 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.
(4) If previously granted a hardship exception under
section 7(d)(3) from the requirements of section
7(d)(1)(D) with respect to extension of conditional
nonimmigrant status, the alien has subsequently
complied with such requirements, unless the alien is
granted a hardship exception with respect to adjustment
of status under the criteria described in section
7(d)(3).
(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. 1423(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) 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) 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 334 of the Immigration
and Nationality Act (8 U.S.C. 1445).
SEC. 9. TREATMENT OF ALIENS MEETING REQUIREMENTS FOR EXTENSION OF
CONDITIONAL NONIMMIGRANT STATUS.
If, on the date of the enactment of this Act, an alien has
satisfied all the requirements of section 6(a)(1) and section
7(d)(1)(D), the Secretary of Homeland Security may cancel
removal and grant conditional nonimmigrant status in accordance
with section 6, and may extend conditional nonimmigrant status
in accordance with section 7(d). The alien may apply for
adjustment of status in accordance with section 8(a) if the
alien has met the requirements of subparagraphs (A), (B), and
(C) of section 7(d)(1) during the entire period of conditional
nonimmigrant status.
SEC. 10. EXCLUSIVE JURISDICTION.
(a) In General.--The Secretary of Homeland Security shall
have exclusive jurisdiction to determine eligibility for relief
under sections 6 through 16 of 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. If the
Secretary grants relief under sections 6 through 16 of this
Act, the final order of deportation, exclusion, or removal
shall be terminated.
(b) Stay of Removal of Certain Aliens Enrolled in Primary or
Secondary School.--
(1) In general.--The Attorney General shall stay the
removal proceedings of any alien who--
(A) meets all the requirements of
subparagraphs (A), (B), (C), and (E) of section
6(a)(1);
(B) is at least 12 years of age; and
(C) is enrolled full-time in a primary or
secondary school.
(2) Aliens not in removal proceedings.--For aliens
who are not in removal proceedings, the Secretary of
Homeland Security shall not commence such proceedings
with respect to the alien if the alien meets the
requirements of subparagraphs (A) through (C) of
paragraph (1).
(c) Employment.--An alien whose removal is stayed pursuant to
subsection (b)(1) may be engaged in employment in the United
States consistent with the Fair Labor Standards Act (29 U.S.C.
201 et seq.) and State and local laws governing minimum age for
employment.
(d) Lift of Stay.--The Attorney General shall lift the stay
granted pursuant to subsection (b)(1) if the alien--
(1) is no longer enrolled in a primary or secondary
school; or
(2) ceases to meet the requirements of such
subsection.
SEC. 11. PENALTIES FOR FALSE STATEMENTS.
Whoever files an application for any benefit under sections 6
through 16 of 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. 12. 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 sections 6
through 16 of 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 sections 6 through 16 of 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 sections 6 through 16 of this
Act with a designated entity, that designated entity,
to examine such application filed under such sections.
(b) Required Disclosure.--The Attorney General or the
Secretary of Homeland Security shall provide the information
furnished under sections 6 through 16 of 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
sections 6 through 16 of 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. 13. 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 D and E of such title
IV (20 U.S.C. 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. 14. TREATMENT OF CONDITIONAL NONIMMIGRANTS 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. 15. 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 5 of the DREAM Act of
2010).''.
SEC. 16. 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 6(a);
(2) the number of aliens who applied for cancellation
of removal and grant of conditional nonimmigrant status
under section 6(a);
(3) the number of aliens who were granted conditional
nonimmigrant status under section 6(a); and
(4) the number of aliens whose status was adjusted to
that of an alien lawfully admitted for permanent
residence under section 8.