The DREAM Act.pdf

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S. 15To authorize the cancellation of removal and adjustment ofstatus of certain alien students who are long-term United

States residents and who entered the United States as childrenand for other purposes.

_____________________

IN THE SENATE OF THE UNITED STATES

January 17, 2012

Mr. Baker, introduced the following bill; which was referred to

the Committee on Foreign Relations, for a period to be

subsequently determined by the Speaker, for consideration of

such provisions as fall within the jurisdiction of the committeeconcerned.

_____________________

A BILLTo authorize the cancellation of removal and adjustment of

status of certain alien students who are long-term United

States residents and who entered the United States as children

and for other purposes.

Be it enacted by the Senate and House of1

Representatives of the United States of America in2

Congress assembled,3

SECTION 1. SHORT TITLE.4

This Act may be cited as the Development, Relief, and5

Education for Alien Minors Act of 2010 or the DREAM Act of6

2013.7

SEC. 2. TABLE OF CONTENTS.8

The table of contents for this Act is as follows:9

Sec. 1. Short title.10

1STCONGRESS1STSESSION


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Sec. 2. Table of contents.11

Sec. 3. Definitions.12

Sec. 4. Cancellation of removal of certain long-13

term residents who entered the United States as14

children.15

Sec. 5. Conditional nonimmigrant status.16

Sec. 6. Adjustment of status.17

Sec. 7. Retroactive benefits.18

Sec. 8. Exclusive jurisdiction.19

Sec. 9. Penalties for false statements.20

Sec. 10. Confidentiality of information.21

Sec. 11. Higher education assistance.22

Sec. 12. Treatment of aliens with adjusted status23

for certain purposes.24

Sec. 13. Military enlistment.25

Sec. 14. GAO report.26

SEC. 3. DEFINITIONS.27

In this Act:28

(1) IN GENERAL.Except as otherwise29

specifically provided, a term used in this Act that is used30

in the immigration laws shall have the meaning given31

such term in the immigration laws.32

(2) ARMED FORCES.The term Armed Forces33

has the meaning given the term armed forces in34

section 101(a) of title 10, United States Code.35

(3) CONDITIONAL NONIMMIGRANT.36


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(A) DEFINITION.The term conditional37

nonimmigrant means an alien who is granted38

conditional nonimmigrant status under this Act.39

(B) DESCRIPTION.A conditional non-40

immigrant41

(i) shall be considered to be an42

alien within a nonimmigrant class for43

purposes of the immigration laws;44

(ii) may have the intention45

permanently to reside in the United46

States; and47

(iii) is not required to have a48

foreign residence which the alien has no49

intention of abandoning.50

(4) IMMIGRATION LAWS.The term51

immigration laws has the meaning given such52

term in section 101(a)(17) of the Immigration53

and Nationality Act (8 U.S.C. 1101(a)(17)).54

(5) INSTITUTION OF HIGHER EDUCATION.The55

term institution of higher education has the meaning56

given such term in section 102 of the Higher Education57

Act of 1965 (20 U.S.C. 1002), except that the term does58

not include an institution of higher education outside the59

United States.60

SEC. 4. CANCELLATION OF REMOVAL OF CERTAIN LONG-TERM61

RESIDENTS WHO ENTERED THE UNITED STATES AS62

CHILDREN.63


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(a) SPECIAL RULE FOR CERTAIN LONG-TERM64

RESIDENTS WHO ENTERED THE UNITED STATES AS65

CHILDREN.66

(1) IN GENERAL.Notwithstanding any other67

provision of law and except as otherwise provided in this68

Act, the Secretary of Homeland Security may cancel69

removal of an alien who is inadmissible or deportable70

from the United States, and grant the alien conditional71

nonimmigrant status, if the alien demonstrates by a72

preponderance of the evidence that73

(A) the alien has been physically present74

in the United States for a continuous period of75

not less than 5 years immediately preceding the76

date of the enactment of this Act and was77

younger than 16 years of age on the date the78

alien initially entered the United States;79

(B) the alien has been a person of good80

moral character since the date the alien initially81

entered the United States;82

(C) the alien83

(i) is not inadmissible under84

paragraph (1), (2), (3), (4), (6)(E),85

(6)(G), (8), (10)(A), (10)(C), or (10)(D)86

of section 212(a) of the Immigration and87

Nationality Act (8 U.S.C. 1182(a));88

(ii) is not deportable under89

paragraph (1)(E), (1)(G), (2), (4), (5), or90


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(6) of section 237(a) of the Immigration91

and Nationality Act (8 U.S.C. 1227(a));92

(iii) has not ordered, incited,93

assisted, or otherwise participated in the94

persecution of any person on account of95

race, religion, nationality, membership in96

a particular social group, or political97

opinion; and98

(iv) has not been convicted of99

(I) any offense under100

Federal or State law punishable by101

a maximum term of imprisonment102

of more than 1 year; or (II) 3 or103

more offenses under Federal or104

State law, for which the alien was105

convicted on different dates for106

each of the 3 offenses and107

sentenced to imprisonment for an108

aggregate of 90 days or more;109

(D) the alien110

(i) has been admitted to an111

institution of higher education in the112

United States; or113

(ii) has earned a high school114

diploma or obtained a general education115

development certificate in the United116

States;117


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(E) the alien has never been under a final118

administrative or judicial order of exclusion,119

deportation, or removal, unless the alien120

(i) has remained in the United121

States under color of law after such order122

was issued; or123

(ii) received the order before124

attaining the age of 16 years; and125

(F) the alien was younger than 30 years of126

age on the date of the enactment of this Act.127

(2) WAIVER.Notwithstanding paragraph (1),128

the Secretary of Homeland Security may waive129

the ground of ineligibility under paragraph (1),130

(4), or (6) of section 212(a) of the Immigration131

and Nationality Act and the ground of132

deportability under paragraph (1) of section133

237(a) of that Act for humanitarian purposes or134

family unity or when it is otherwise in the public135

interest.136

(3) PROCEDURES.The Secretary of Homeland137

Security shall provide a procedure by regulation allowing138

eligible individuals to apply affirmatively for the relief139

available under this subsection without being placed in140

removal proceedings.141

(4) DEADLINE FOR SUBMISSION OF142

APPLICATION.An alien shall submit an application for143

cancellation of removal and conditional nonimmigrant144


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status under this subsection no later than the date that145

is 1 year after the later of146

(A) the date the alien was admitted to an147

institution of higher education in the United148

States;149

(B) the date the alien earned a high150

school diploma or obtained a general education151

development certificate in the United States; or152

(C) the date of the enactment of this Act.153

(5) SUBMISSION OF BIOMETRIC AND154

BIOGRAPHIC DATA.The Secretary of Homeland155

Security may not cancel the removal of an alien or grant156

conditional nonimmigrant status to the alien under this157

subsection unless the alien submits biometric and158

biographic data, in accordance with procedures159

established by the Secretary. The Secretary shall160

provide an alternative procedure for applicants who are161

unable to provide such biometric or biographic data162

because of a physical impairment.163

(6) BACKGROUND CHECKS.164

(A) REQUIREMENT FOR BACKGROUND165

CHECKS.The Secretary of Homeland Security166

shall utilize biometric, biographic, and other data167

that the Secretary determines is appropriate168

(i) to conduct security and law169

enforcement background checks of an170


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alien seeking relief available under this171

subsection; and172

(ii) to determine whether there is173

any criminal, national security, or other174

factor that would render the alien175

ineligible for such relief.176

(B) COMPLETION OF BACKGROUND177

CHECKS.The security and law enforcement178

background checks required by subparagraph179

(A)(i) shall be completed, to the satisfaction of180

the Secretary, prior to the date the Secretary181

cancels the removal of the alien under this182

subsection.183

(7) MEDICAL EXAMINATION.An alien applying184

for relief available under this subsection shall undergo a185

medical observation and examination. The Secretary of186

Homeland Security, with the concurrence of the187

Secretary of Health and Human Services, shall prescribe188

policies and procedures for the nature, frequency, and189

timing of such observation and examination.190

(8) MILITARY SELECTIVE SERVICE.An alien191

applying for relief available under this subsection shall192

establish that the alien has registered under the Military193

Selective Service Act (50 U.S.C. App. 451 et seq.), if the194

alien is subject to such registration under that Act.195

(b) TERMINATION OF CONTINUOUS PERIOD.For196

purposes of this section, any period of continuous197


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residence or continuous physical presence in the United198

States of an alien who applies for cancellation of199

removal under subsection (a) shall not terminate when200

the alien is served a notice to appear under section201

239(a) of the Immigration and Nationality Act (8 U.S.C.202

1229(a)).203

(c) TREATMENT OF CERTAIN BREAKS IN PRESENCE.204

(1) IN GENERAL.An alien shall be considered to205

have failed to maintain continuous physical presence in206

the United States under subsection (a) if the alien has207

departed from the United States for any period in excess208

of 90 days or for any periods in the aggregate exceeding209

180 days.210

(2) EXTENSIONS FOR EXCEPTIONAL211

CIRCUMSTANCES.The Secretary of Homeland Security212

may extend the time periods described in paragraph (1)213

if the alien demonstrates that the failure to timely return214

to the United States was due to exceptional215

circumstances. The exceptional circumstances216

determined sufficient to justify an extension should be217

no less compelling than serious illness of the alien, or218

death or serious illness of a parent, grandparent, sibling,219

or child.220

(d) EXEMPTION FROM NUMERICAL LIMITATIONS.221

Nothing in this section may be construed to apply a numerical222

limitation to the number of aliens who may be eligible for223

cancellation of removal under subsection (a).224


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(e) REGULATIONS.225

(1) INITIAL PUBLICATION.Not later than 180226

days after the date of the enactment of this Act, the227

Secretary of Homeland Security shall publish regulations228

implementing this section.229

(2) INTERIM REGULATIONS.Notwithstanding230

section 553 of title 5, United States Code, the231

regulations required by paragraph (1) shall be effective,232

on an interim basis, immediately upon publication but233

may be subject to change and revision after public234

notice and opportunity for a period of public comment.235

(3) FINAL REGULATIONS.Within a reasonable236

time after publication of the interim regulations in237

accordance with paragraph (1), the Secretary of238

Homeland Security shall publish final regulations239

implementing this section.240

(f) REMOVAL OF ALIEN.The Secretary of Homeland241

Security may not remove any alien who242

(1) has a pending application for conditional243

nonimmigrant status under this Act; and244

(2) establishes prima facie eligibility for245

cancellation of removal and conditional nonimmigrant246

status under subsection (a).247

SEC. 5. CONDITIONAL NONIMMIGRANT STATUS.248

(a) LENGTH OF STATUS.Conditional nonimmigrant249

status granted under section 4 shall be valid for a period250


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of 10 years, subject to termination under subsection (c)251

of this section.252

(b) TERMS OF CONDITIONAL NONIMMIGRANT253

STATUS.254

(1) EMPLOYMENT.A conditional nonimmigrant255

shall be authorized to be employed in the United States256

incident to conditional nonimmigrant status.257

(2) TRAVEL.A conditional nonimmigrant may258

travel outside the United States and may be admitted (if259

otherwise admissible) upon return to the United States260

without having to obtain a visa if261

(A) the alien is the bearer of valid,262

unexpired documentary evidence of conditional263

nonimmigrant status; and264

(B) the aliens absence from the United265

States was not for a period exceeding 180 days.266

(c) TERMINATION OF STATUS.267

(1) IN GENERAL.The Secretary of Homeland268

Security shall terminate the conditional nonimmigrant269

status of any alien if the Secretary determines that the270

alien271

(A) ceases to meet the requirements of272

subparagraph (B) or (C) of section 4(a)(1);273

(B) has become a public charge; or274

(C) has received a dishonorable or other275

than honorable discharge from the Armed Forces.276


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(2) RETURN TO PREVIOUS IMMIGRATION277

STATUS.Any alien whose conditional nonimmigrant278

status is terminated under paragraph (1) shall return to279

the immigration status the alien had immediately prior280

to receiving conditional nonimmigrant status.281

SEC. 6. ADJUSTMENT OF STATUS.282

(a) IN GENERAL.A conditional nonimmigrant may file283

with the Secretary of Homeland Security, in accordance with284

subsection (c), an application to have the aliens status285

adjusted to that of an alien lawfully admitted for permanent286

residence. The application shall provide, under penalty of287

perjury, the facts and information so that the Secretary may288

make the determination described in paragraph (b)(1).289

(b) ADJUDICATION OF APPLICATION FOR ADJUSTMENT290

OF STATUS.291

(1) IN GENERAL.If an application is filed in292

accordance with subsection (a) for an alien, the293

Secretary of Homeland Security shall make a294

determination as to whether the alien meets the295

requirements set out in subparagraphs (A) through (E)296

of subsection (d)(1).297

(2) ADJUSTMENT OF STATUS IF FAVORABLE298

DETERMINATION.If the Secretary determines that the299

alien meets such requirements, the Secretary shall300

notify the alien of such determination and adjust the301

aliens status to that of an alien lawfully admitted for302


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permanent residence, effective as of the date of303

approval of the application.304

(3) TERMINATION IF ADVERSE305

DETERMINATION.If the Secretary determines that the306

alien does not meet such requirements, the Secretary307

shall notify the alien of such determination and308

terminate the conditional nonimmigrant status of the309

alien as of the date of the determination.310

(c) TIME TO FILE APPLICATION.An alien shall file an311

application for adjustment of status during the period beginning312

1 year before and ending on either the date that is 10 years313

after the date of the granting of conditional nonimmigrant314

status or any other expiration date of the conditional315

nonimmigrant status as extended by the Secretary of Homeland316

Security in accordance with this Act. The alien shall be deemed317

to be in conditional nonimmigrant status in the United States318

during the period in which such application is pending.319

(d) DETAILS OF APPLICATION.320

(1) CONTENTS OF APPLICATION.Each321

application for an alien under subsection (a) shall322

contain information to permit the Secretary of Homeland323

Security to determine whether each of the following324

requirements is met:325

(A) The alien has demonstrated good326

moral character during the entire period the alien327

has been a conditional nonimmigrant.328


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(B) The alien is in compliance with section329

4(a)(1)(C).330

(C) The alien has not abandoned the331

aliens residence in the United States. The332

Secretary shall presume that the alien has333

abandoned such residence if the alien is absent334

from the United States for more than 365 days,335

in the aggregate, during the period of conditional336

nonimmigrant status, unless the alien337

demonstrates that the alien has not abandoned338

the aliens residence. An alien who is absent from339

the United States due to active service in the340

Armed Forces has not abandoned the aliens341

residence in the United States during the period342

of such service.343

(D) The alien has completed at least 1 of344

the following:345

(i) The alien has acquired a degree346

from an institution of higher education in347

the United States or has completed atleast348

2 years, in good standing, in a program349

for a bachelors degree or higher degree in350

the United States.351

(ii) The alien has served in the352

Armed Forces for at least 2 years and, if353

dis- charged, has received an honorable354

discharge.355


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(E) The alien has provided a list of each356

secondary school (as that term is defined in357

section 9101 of the Elementary and Secondary358

Education Act of 1965 (20 U.S.C. 7801)) that the359

alien attended in the United States.360

(2) HARDSHIP EXCEPTION.361

(A) IN GENERAL.The Secretary of362

Homeland Security may, in the Secretarys363

discretion, adjust the status of an alien if the364

alien365

(i) satisfies the requirements of366

subparagraphs (A), (B), and (C) of367

paragraph (1);368

(ii) demonstrates compelling369

circumstances for the inability to complete370

the requirements described in paragraph371

(1)(D); and372

(iii) demonstrates that the aliens373

removal from the United States would374

result in exceptional and extremely375

unusual hardship to the alien or the aliens376

spouse, parent, or child who is a citizen or377

a lawful permanent resident of the United378

States.379

(B) EXTENSION.Upon a showing of good380

cause, the Secretary of Homeland Security may381

extend the period of conditional nonimmigrant382


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status for the purpose of completing the383

requirements described in paragraph (1)(D).384

(e) CITIZENSHIP REQUIREMENT.385

(1) IN GENERAL.Except as provided in386

paragraph (2), the status of a conditional nonimmigrant387

shall not be adjusted to permanent resident status388

unless the alien demonstrates that the alien satisfies the389

requirements of section 312(a) of the Immigration and390

Nationality Act (8 U.S.C. 312(a)).391

(2) EXCEPTION.Paragraph (1) shall not apply to392

an alien who is unable because of a physical or393

developmental disability or mental impairment to meet394

the requirements of such paragraph.395

(f) PAYMENT OF FEDERAL TAXES.396

(1) IN GENERAL.Not later than the date on397

which an application is filed under subsection (a) for398

adjustment of status, the alien shall satisfy any399

applicable Federal tax liability due and owing on such400

date.401

(2) APPLICABLE FEDERAL TAX LIABILITY. For402

purposes of paragraph (1), the term applicable Federal403

tax liability means liability for Federal taxes imposed404

under the Internal Revenue Code of 1986, including any405

penalties and interest thereon.406

(g) SUBMISSION OF BIOMETRIC AND BIOGRAPHIC407

DATA.The Secretary of Homeland Security may not adjust the408

status of an alien under this section unless the alien submits409


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biometric and biographic data, in accordance with procedures410

established by the Secretary. The Secretary shall provide an411

alternative procedure for applicants who are unable to provide412

such biometric or biographic data because of a physical413

impairment.414

(h) BACKGROUND CHECKS.415

(1) REQUIREMENT FOR BACKGROUND416

CHECKS.The Secretary of Homeland Security shall417

utilize biometric, biographic, and other data that the418

Secretary determines appropriate419

(A) to conduct security and law420

enforcement background checks of an alien421

applying for adjustment of status under this422

section; and423

(B) to determine whether there is any424

criminal, national security, or other factor that425

would render the alien ineligible for such426

adjustment of status.427

(2) COMPLETION OF BACKGROUND CHECKS.428

The security and law enforcement background checks429

required by paragraph (1)(A) shall be completed, to the430

satisfaction of the Secretary, prior to the date the431

Secretary grants adjustment of status.432

(i) EXEMPTION FROM NUMERICAL LIMITATIONS.433

Nothing in this section or in any other law may be construed to434

apply a numerical limitation on the number of aliens who may435

be eligible for adjustment of status under this section.436


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(j) CONDITIONAL NONIMMIGRANTS OTHERWISE437

ELIGIBLE FOR ADJUSTMENT.Nothing in this section may be438

construed to limit the eligibility of a conditional nonimmigrant439

for adjustment of status, issuance of an immigrant visa, or440

admission as a lawful permanent resident alien at any time, if441

the conditional nonimmigrant is otherwise eligible for such442

benefit under the immigration laws.443

(k) ELIGIBILITY FOR NATURALIZATION.An alien whose444

status is adjusted under this section to that of an alien lawfully445

admitted for permanent residence may be naturalized upon446

compliance with all the requirements of the immigration laws447

except the provisions of paragraph (1) of section 316(a) of the448

Immigration and Nationality Act (8 U.S.C. 1427(a)), if such449

person immediately preceding the date of filing the application450

for naturalization has resided continuously, after being lawfully451

admitted for permanent residence, within the United States for452

at least 3 years, and has been physically present in the United453

States for periods totaling at least half of that time and has454

resided within the State or the district of U.S. Citizenship and455

Immigration Services in the United States in which the456

applicant filed the application for at least 3 months. An alien457

described in this subsection may file the application for458

naturalization as provided in the second sentence of subsection459

(a) of section 344 of the Immigration and Nationality Act (8460

U.S.C. 1445).461

SEC. 7. RETROACTIVE BENEFITS.462


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If, on the date of the enactment of this Act, an alien has463

satisfied all the requirements of section 4(a)(1) and section464

6(d)(1)(D), the Secretary of Homeland Security may cancel465

removal and grant conditional nonimmigrant status in466

accordance with section 4. The alien may apply for adjustment467

of status in accordance with section 6(a) if the alien has met468

the requirements of subparagraphs (A), (B), and (C) of section469

6(d)(1) during the entire period of conditional nonimmigrant470

status.471

SEC. 8. EXCLUSIVE JURISDICTION.472

(a) IN GENERAL.The Secretary of Homeland Security473

shall have exclusive jurisdiction to determine eligibility for relief474

under this Act, except where the alien has been placed into475

deportation, exclusion, or removal proceedings either prior to476

or after filing an application for cancellation of removal and477

conditional nonimmigrant status or adjustment of status under478

this Act, in which case the Attorney General shall have479

exclusive jurisdiction and shall assume all the powers and480

duties of the Secretary until proceedings are terminated, or if a481

final order of deportation, exclusion, or removal is entered the482

Secretary shall resume all powers and duties delegated to the483

Secretary under this Act.484

(b) STAY OF REMOVAL OF CERTAIN ALIENS ENROLLED485

IN PRIMARY OR SECONDARY SCHOOL.The Attorney General486

shall stay the removal proceedings of any alien who487

(1) meets all the requirements of subparagraphs488

(A), (B), (C), and (E) of section 4(a)(1);489


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(2) is at least 12 years of age; and490

(3) is enrolled full time in a primary or secondary491

school.492

(c) EMPLOYMENT.An alien whose removal is stayed493

pursuant to subsection (b) may be engaged in employment in494

the United States consistent with the Fair Labor Standards Act495

(29 U.S.C. 201 et seq.) and State and local laws governing496

minimum age for employment.497

(d) LIFT OF STAY.The Attorney General shall lift the498

stay granted pursuant to subsection (b) if the alien499

(1) is no longer enrolled in a primary or500

secondary school; or501

(2) ceases to meet the requirements of502

subsection (b)(1).503

SEC. 9. PENALTIES FOR FALSE STATEMENTS.504

Whoever files an application for any benefit undervthis505

Act and willfully and knowingly falsifies, misrepresents, or506

conceals a material fact or makes any false or fraudulent507

statement or representation, or makes or uses any false writing508

or document knowing the same to contain any false or509

fraudulent statement or entry, shall be fined in accordance with510

title 18, United States Code, imprisoned not more than 5 years,511

or both.512

SEC. 10. CONFIDENTIALITY OF INFORMATION.513

(a) PROHIBITION.Except as provided in subsection514

(b), no officer or employee of the United States may515


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(1) use the information furnished by an individual516

pursuant to an application filed under this Act to initiate517

removal proceedings against any person identified in the518

application;519

(2) make any publication whereby the520

information furnished by any particular individual521

pursuant to an application under this Act can be522

identified; or523

(3) permit anyone other than an officer or524

employee of the United States Government or, in the525

case of an application filed under this Act with a526

designated entity, that designated entity, to examine527

such application filed under this Act.528

(b) REQUIRED DISCLOSURE.The Attorney General or529

the Secretary of Homeland Security shall provide the530

information furnished under this Act, and any other information531

derived from such furnished information, to532

(1) a Federal, State, tribal, or local law533

enforcement agency, intelligence agency, national534

security agency, component of the Department of535

Homeland Security, court, or grand jury in connection536

with a criminal investigation or prosecution, a537

background check conducted pursuant to the Brady538

Handgun Violence Protection Act (Public Law 103159;539

107 Stat. 1536) or an amendment made by that Act, or540

for homeland security or national security purposes, if541

such information is requested by such entity or542


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consistent with an information sharing agreement or543

mechanism; or544

(2) an official coroner for purposes of545

affirmatively identifying a deceased individual (whether546

or not such individual is deceased as a result of a547

crime).548

(c) FRAUD IN APPLICATION PROCESS OR CRIMINAL549

CONDUCT.Notwithstanding any other provision of this550

section, information concerning whether an alien seeking relief551

under this Act has engaged in fraud in an application for such552

relief or at any time committed a crime may be used or553

released for immigration enforcement, law enforcement, or554

national security purposes.555

(d) PENALTY.Whoever knowingly uses, publishes, or556

permits information to be examined in violation of this section557

shall be fined not more than $10,000.558

SEC. 11. HIGHER EDUCATION ASSISTANCE.559

Notwithstanding any provision of the Higher Education560

Act of 1965 (20 U.S.C. 1001 et seq.), with respect to assistance561

provided under title IV of the Higher Education Act of 1965 (20562

U.S.C. 1070 et seq.), an alien who is granted conditional563

nonimmigrant status or lawful permanent resident status under564

this Act shall be eligible only for the following assistance under565

such title:566

(1) Student loans under parts B, D, and E of such567

title IV (20 U.S.C. 1071 et seq., 1087a et seq., 1087aa568

et seq.), subject to the requirements of such parts.569


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(2) Federal work-study programs under part C of570

such title IV (42 U.S.C. 2751 et seq.), subject to the571

requirements of such part.572

(3) Services under such title IV (20 U.S.C. 1070573

et seq.), subject to the requirements for such services.574

SEC. 12. TREATMENT OF ALIENS WITH ADJUSTED STATUS575

FOR CERTAIN PURPOSES.576

(a) IN GENERAL.An individual granted conditional577

nonimmigrant status under this Act shall, while such individual578

remains in such status, be considered lawfully present for all579

purposes except580

(1) section 36B of the Internal Revenue Code of581

1986 (concerning premium tax credits), as added by582

section 1401 of the Patient Protection and Affordable583

Care Act (Public Law 111148); and584

(2) section 1402 of the Patient Protection and585

Affordable Care Act (concerning reduced cost sharing;586

42 U.S.C. 18071).587

(b) FOR PURPOSES OF THE 5-YEAR ELIGIBILITY588

WAITING PERIOD UNDER PRWORA.An individual who has met589

the requirements under this Act for adjustment from conditional590

nonimmigrant status to lawful permanent resident status shall591

be considered, as of the date of such adjustment, to have592

completed the 5-year period specified in section 403 of the593

Personal Responsibility and Work Opportunity Reconciliation Act594

of 1996 (8 U.S.C. 1613).595

SEC. 13. MILITARY ENLISTMENT.596


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Section 504(b)(1) of title 10, United States Code, is597

amended by adding at the end the following new subparagraph:598

(D) An alien who is a conditional nonimmigrant599

(as that term is defined in section 3 of the DREAM Act of600

2010)..601

602

SEC. 14. GAO REPORT.603

Not later than 7 years after the date of the enactment of604

this Act, the Comptroller General of the United States shall605

submit to the Committee on the Judiciary of the Senate and the606

Committee on the Judiciary of the House of Representatives a607

report setting forth608

(1) the number of aliens who were eligible for609

cancellation of removal and grant of conditional610

nonimmigrant status under section 4(a);611

(2) the number of aliens who applied for612

cancellation of removal and grant of conditional613

nonimmigrant status under section 4(a);614

(3) the number of aliens who were granted615

conditional nonimmigrant status under section 4(a); and616

(4) the number of aliens whose status was617

adjusted to that of an alien lawfully admitted for618

permanent residence under section 6.619

620

621

622

623


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Documents

The DREAM Act.pdf