[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.

                                  
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