I 

115TH CONGRESS 

1ST SESSION H. R. 1468 

To authorize the cancellation of removal and adjustment of status of certain 

aliens who are long-term United States residents and who entered the 

United States as children, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

MARCH 9, 2017 

Mr. CURBELO of Florida (for himself, Mr. COFFMAN, Mr. DENHAM, Mr. 

DIAZ-BALART, Ms. ROS-LEHTINEN, Mr. AMODEI, Mr. VALADAO, Miss 

GONZA ́LEZ-COLO ́N of Puerto Rico, Mr. UPTON, and Mr. REICHERT) introduced the following bill; which was referred to the Committee on the 

Judiciary, and in addition to the Committees on Homeland Security, and 

Armed Services, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned 

A BILL 

To authorize the cancellation of removal and adjustment 

of status of certain aliens who are long-term United 

States residents and who entered the United States as 

children, and for other purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Recognizing America’s 

5 Children Act’’. 

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1 SEC. 2. TABLE OF CONTENTS. 

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

Sec. 1. Short title. 

Sec. 2. Table of contents. 

Sec. 3. Definitions. 

Sec. 4. Cancellation of removal of certain long-term residents who entered the 

United States as children. 

Sec. 5. Conditional permanent resident status. 

Sec. 6. Removal of conditional basis for permanent residence. 

Sec. 7. Treatment of aliens meeting requirements for extension of conditional 

permanent resident status. 

Sec. 8. Exclusive jurisdiction. 

Sec. 9. Confidentiality of information. 

Sec. 10. Treatment of conditional permanent residents for certain purposes. 

Sec. 11. GAO report. 

Sec. 12. Military enlistment. 

Sec. 13. Naturalization of enlistees. 

3 SEC. 3. DEFINITIONS. 

4 In this Act: 

5 (1) IN GENERAL.—Except as otherwise specifi6 cally provided, a term used in this Act that is used 

7 in the immigration laws shall have the meaning 

8 given such term in the immigration laws. 

9 (2) ALIEN ENLISTEE.—The term ‘‘alien en10 listee’’ means a conditional permanent resident that 

11 seeks to maintain or extend such status by means of 

12 satisfaction of the requirements of this Act relating 

13 to enlistment and service in the Armed Forces of the 

14 United States. 

15 (3) ALIEN POSTSECONDARY STUDENT.—The 

16 term ‘‘alien postsecondary student’’ means a condi17 tional permanent resident that seeks to maintain or 

18 extend such status by means of satisfaction of the 

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1 requirements of this Act relating to enrollment in, 

2 and graduation from, an institution of higher edu3 cation in the United States. 

4 (4) CONDITIONAL PERMANENT RESIDENT.— 

5 (A) DEFINITION.—The term ‘‘conditional 

6 permanent resident’’ means an alien who is 

7 granted conditional permanent resident status 

8 under this Act. 

9 (B) DESCRIPTION.—A conditional perma10 nent resident— 

11 (i) shall not be considered to be an 

12 alien who is unlawfully present in the 

13 United States for purposes of the immigra14 tion laws, including section 505 of the Ille15 gal Immigration Reform and Immigrant 

16 Responsibility Act of 1996 (8 U.S.C. 

17 1623); 

18 (ii) shall be considered to be an alien 

19 lawfully admitted for permanent residence 

20 in the United States on a conditional basis; 

21 (iii) has the intention permanently to 

22 reside in the United States; 

23 (iv) is not required to have a foreign 

24 residence which the alien has no intention 

25 of abandoning; and 

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1 (v) shall be considered inspected and 

2 admitted for the purposes of section 

3 245(a) of the Immigration and Nationality 

4 Act (8 U.S.C. 1255(a)). 

5 (5) CONVICTION.—The term ‘‘conviction’’ does 

6 not include an adjudication or judgment of guilt that 

7 has been dismissed, expunged, deferred, annulled, in8 validated, withheld, or vacated, an order of proba9 tion without entry of judgment, or any similar dis10 position. Section 101(a)(48)(B) of the Immigration 

11 and Nationality Act shall not apply for purposes of 

12 this Act. 

13 (6) IMMIGRATION LAWS.—The term ‘‘immigra14 tion laws’’ has the meaning given such term in sec15 tion 101(a)(17) of the Immigration and Nationality 

16 Act (8 U.S.C. 1101(a)(17)). 

17 (7) INSTITUTION OF HIGHER EDUCATION.—The 

18 term ‘‘institution of higher education’’ has the 

19 meaning given such term in section 102 of the High20 er Education Act of 1965 (20 U.S.C. 1002), except 

21 that the term does not include an institution of high22 er education outside the United States. 

23 (8) MILITARY-RELATED TERMS.—The terms 

24 ‘‘armed forces’’, ‘‘active duty’’, ‘‘active service’’, and 

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1 ‘‘active status’’ have the meanings given those terms 

2 in section 101 of title 10, United States Code. 

3 SEC. 4. CANCELLATION OF REMOVAL OF CERTAIN LONG4 TERM RESIDENTS WHO ENTERED THE 

5 UNITED STATES AS CHILDREN. 

6 (a) SPECIAL RULE FOR CERTAIN LONG-TERM RESI7 DENTS WHO ENTERED THE UNITED STATES AS CHIL8 DREN.— 

9 (1) IN GENERAL.—Notwithstanding any other 

10 provision of law and except as otherwise provided in 

11 this Act, the Secretary of Homeland Security may 

12 cancel removal of an alien who is inadmissible or de13 portable from the United States or who is the child 

14 of another alien who is lawfully present in the 

15 United States with status under section 

16 101(a)(15)(E)(ii), and grant the alien conditional 

17 permanent resident status, if the alien demonstrates 

18 by a preponderance of the evidence that— 

19 (A) the alien has been physically present in 

20 the United States for a continuous period since 

21 January 1, 2012; 

22 (B) the alien was younger than 16 years of 

23 age on the date the alien initially entered the 

24 United States; 

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1 (C) the alien, if the alien is 18 years of age 

2 or older— 

3 (i) has earned a high school diploma, 

4 a commensurate alternative award from a 

5 public or private high school or secondary 

6 school, obtained a general education devel7 opment certificate recognized under State 

8 law, or a high school equivalency diploma 

9 in the United States; 

10 (ii) the alien has been admitted to an 

11 institution of higher education in the 

12 United States; or 

13 (iii) the alien has a valid work author14 ization; 

15 (D) the alien has been a person of good 

16 moral character (as defined in section 101(f) of 

17 the Immigration and Nationality Act (8 U.S.C. 

18 1101(f))) since the date the alien initially en19 tered the United States; 

20 (E) subject to paragraph (2), the alien— 

21 (i) is not inadmissible under para22 graph (1), (2), (3), (4), (6)(E), (8), 

23 (10)(A), (10)(C), or (10)(D) of section 

24 212(a) of the Immigration and Nationality 

25 Act (8 U.S.C. 1182(a)); 

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1 (ii) is not deportable under paragraph 

2 (1)(E), (1)(G), (2), (4), (5), or (6) of sec3 tion 237(a) of the Immigration and Na4 tionality Act (8 U.S.C. 1227(a)); 

5 (iii) has not ordered, incited, assisted, 

6 or otherwise participated in the persecution 

7 of any person on account of race, religion, 

8 nationality, membership in a particular so9 cial group, or political opinion; and 

10 (iv) other than an offense under State 

11 or local law for which an essential element 

12 was the alien’s immigration status, a 

13 minor traffic offense, or a violation of this 

14 Act, has not been convicted of— 

15 (I) any offense under Federal or 

16 State law punishable by a maximum 

17 term of imprisonment of more than 1 

18 year; or 

19 (II) any combination of offenses 

20 under Federal or State law, for which 

21 the alien was sentenced to imprison22 ment for a total of more than 1 year; 

23 and 

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1 (F) the alien has never been under a final 

2 administrative or judicial order of exclusion, de3 portation, or removal, unless the alien— 

4 (i) has remained in the United States 

5 under color of law after such order was 

6 issued; or 

7 (ii) received the order before attaining 

8 the age of 18 years. 

9 (2) WAIVER.—With respect to any benefit 

10 under this Act, the Secretary of Homeland Security 

11 may waive subclauses (I) and (II) of subsection 

12 (a)(1)(E)(iv) of this section, the ground of inadmis13 sibility under paragraph (1), (4), or (6) of section 

14 212(a) of the Immigration and Nationality Act (8 

15 U.S.C. 1182(a)), and the ground of deportability 

16 under paragraph (1) of section 237(a) of that Act 

17 (8 U.S.C. 1227(a)), for humanitarian purposes or 

18 family unity or when it is otherwise in the public in19 terest. 

20 (3) PROCEDURES.—The Secretary of Homeland 

21 Security shall provide a procedure by regulation al22 lowing eligible individuals to apply affirmatively for 

23 the relief available under this subsection without 

24 being placed in removal proceedings. 

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1 (4) SUBMISSION OF BIOMETRIC AND BIO2 GRAPHIC DATA.—The Secretary of Homeland Secu3 rity may not cancel the removal of an alien or grant 

4 conditional permanent resident status to the alien 

5 under this subsection unless the alien submits bio6 metric and biographic data, in accordance with pro7 cedures established by the Secretary. The Secretary 

8 shall provide an alternative procedure for applicants 

9 who are unable to provide such biometric or bio10 graphic data because of a physical impairment. 

11 (5) BACKGROUND CHECKS.— 

12 (A) REQUIREMENT FOR BACKGROUND

13 CHECKS.—The Secretary of Homeland Security 

14 shall utilize biometric, biographic, and other 

15 data that the Secretary determines is appro16 priate— 

17 (i) to conduct security and law en18 forcement background checks of an alien 

19 seeking relief available under this sub20 section; and 

21 (ii) to determine whether there is any 

22 criminal, national security, or other factor 

23 that would render the alien ineligible for 

24 such relief. 

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1 (B) COMPLETION OF BACKGROUND

2 CHECKS.—The security and law enforcement 

3 background checks required by subparagraph 

4 (A) shall be completed, to the satisfaction of the 

5 Secretary, prior to the date the Secretary can6 cels the removal of the alien under this sub7 section. 

8 (6) MEDICAL EXAMINATION.—An alien applying 

9 for relief available under this subsection shall under10 go a medical observation and examination. The Sec11 retary of Homeland Security, with the concurrence 

12 of the Secretary of Health and Human Services, 

13 shall prescribe policies and procedures for the nature 

14 and timing of such observation and examination. 

15 (7) MILITARY SELECTIVE SERVICE.—An alien 

16 applying for relief available under this subsection 

17 shall establish that the alien has registered under 

18 the Military Selective Service Act (50 U.S.C. App. 

19 451 et seq.), if the alien is subject to such registra20 tion under that Act. 

21 (b) TERMINATION OF CONTINUOUS PERIOD.—For 

22 purposes of this section, any period of continuous resi23 dence or continuous physical presence in the United States 

24 of an alien who applies for cancellation of removal under 

25 subsection (a) shall not terminate when the alien is served 

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1 a notice to appear under section 239(a) of the Immigra2 tion and Nationality Act (8 U.S.C. 1229(a)). 

3 (c) TREATMENT OF CERTAIN BREAKS IN PRES4 ENCE.— 

5 (1) IN GENERAL.—An alien shall be considered 

6 to have failed to maintain continuous physical pres7 ence in the United States under subsection (a) if the 

8 alien has departed from the United States for any 

9 period in excess of 90 days or for any periods in the 

10 aggregate exceeding 180 days. 

11 (2) EXTENSIONS FOR EXCEPTIONAL CIR12 CUMSTANCES.—The Secretary of Homeland Security 

13 may extend the time periods described in paragraph 

14 (1) by 90 days if the alien demonstrates that the 

15 failure to timely return to the United States was due 

16 to exceptional circumstances. The exceptional cir17 cumstances determined sufficient to justify an exten18 sion should be no less compelling than serious illness 

19 of the alien, or death or serious illness of a parent, 

20 grandparent, sibling, or child. 

21 (d) REGULATIONS.— 

22 (1) INITIAL PUBLICATION.—Not later than 180 

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

24 Secretary of Homeland Security shall publish regula25 tions implementing this section. 

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1 (2) INTERIM REGULATIONS.—Notwithstanding 

2 section 553 of title 5, United States Code, the regu3 lations required by paragraph (1) shall be effective, 

4 on an interim basis, immediately upon publication 

5 but may be subject to change and revision after pub6 lic notice and opportunity for a period of public com7 ment. 

8 (3) FINAL REGULATIONS.—Within a reasonable 

9 time after publication of the interim regulations in 

10 accordance with paragraph (1), the Secretary of 

11 Homeland Security shall publish final regulations 

12 implementing this section. 

13 (e) REMOVAL OF ALIEN.—The Secretary of Home14 land Security may not remove any alien who— 

15 (1) has a pending application for conditional 

16 permanent resident status under this Act; or 

17 (2) establishes prima facie eligibility for can18 cellation of removal and conditional permanent resi19 dent status under subsection (a) and is provided a 

20 reasonable opportunity to file an application under 

21 subsection (a). 

22 SEC. 5. CONDITIONAL PERMANENT RESIDENT STATUS. 

23 (a) LENGTH OF STATUS.—Conditional permanent 

24 resident status granted under section 4 shall be valid for 

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1 an initial period of 5 years, subject to termination under 

2 subsection (c) of this section. 

3 (b) TERMS OF CONDITIONAL PERMANENT RESIDENT

4 STATUS.— 

5 (1) EMPLOYMENT.—A conditional permanent 

6 resident shall be authorized— 

7 (A) to be employed in the United States 

8 incident to conditional permanent resident sta9 tus; and 

10 (B) to enlist in the armed forces as pro11 vided in section 504(b)(1)(D) of title 10, 

12 United States Code, as added by section 12. 

13 (2) TRAVEL.—A conditional permanent resident 

14 may travel outside the United States and may be ad15 mitted (if otherwise admissible) upon return to the 

16 United States without having to obtain a visa if— 

17 (A) the alien is the bearer of valid, unex18 pired documentary evidence of conditional per19 manent resident status; and 

20 (B) the alien’s absence from the United 

21 States was not for a period exceeding 180 days 

22 or the alien was absent from the United States 

23 due to active service in the armed forces. 

24 (c) TERMINATION OF STATUS.— 

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1 (1) IN GENERAL.—The Secretary of Homeland 

2 Security shall terminate the conditional permanent 

3 resident status of any alien if the Secretary deter4 mines that the alien is 18 years of age or older 

5 and— 

6 (A) in the case of— 

7 (i) an alien postsecondary student, the 

8 alien failed to enroll in an accredited insti9 tution of higher education in the United 

10 States within 1 year after the date on 

11 which the alien was granted conditional 

12 permanent resident status or to remain so 

13 enrolled; 

14 (ii) an alien described under section 

15 4(a)(1)(C), the alien has not been em16 ployed for a total period of 48 months dur17 ing the 5-year period beginning on the date 

18 that the alien was granted conditional per19 manent resident status; or 

20 (iii) an alien enlistee, the alien— 

21 (I) failed to enlist, and be accept22 ed for enlistment, in the armed forces 

23 within 9 months after the date on 

24 which the alien was granted condi25 tional permanent resident status; or 

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1 (II) has received a dishonorable 

2 or other than honorable discharge 

3 from the armed forces; 

4 (B) ceases to meet the requirements of 

5 subparagraph (D) or (E) of section 4(a)(1); or 

6 (C) has become a public charge. 

7 (2) RETURN TO PREVIOUS IMMIGRATION STA8 TUS.—Any alien whose conditional permanent resi9 dent status is terminated under paragraph (1) shall 

10 return to the immigration status the alien had im11 mediately prior to receiving conditional permanent 

12 resident status. 

13 (d) EXTENSION OF STATUS.—The Secretary of 

14 Homeland Security shall extend the conditional permanent 

15 resident status of an alien for a second period of 5 years 

16 if the following requirements are met: 

17 (1) The alien has demonstrated good moral 

18 character during the entire period the alien has been 

19 a conditional permanent resident. 

20 (2) The alien is in compliance with section 

21 4(a)(1)(E). 

22 (3) The alien has not abandoned the alien’s res23 idence in the United States. For purposes of this 

24 subparagraph, the Secretary shall presume that the 

25 alien has abandoned such residence if the alien is 

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1 absent from the United States for more than 365 

2 days, in the aggregate, during the period of condi3 tional permanent resident status, unless the alien 

4 demonstrates that the alien has not abandoned the 

5 alien’s residence. 

6 (4) The alien is 18 years of age or older and— 

7 (A) in the case of an alien postsecondary 

8 student, has been graduated from an accredited 

9 institution of higher education in the United 

10 States; 

11 (B) in the case of an alien described under 

12 section 4(a)(1)(C), the alien has been employed 

13 for a total period of 48 months during the 5- 

14 year period beginning on the date that the alien 

15 was granted conditional permanent resident sta16 tus; or 

17 (C) in the case of an alien enlistee, has 

18 served as a member of a regular or reserve 

19 component of the armed forces in an active 

20 duty status for at least 3 years, and, if dis21 charged, received an honorable discharge. 

22 SEC. 6. REMOVAL OF CONDITIONAL BASIS FOR PERMA23 NENT RESIDENCE. 

24 (a) IN GENERAL.—A conditional permanent resident 

25 may file with the Secretary of Homeland Security, in acmstockstill on DSK3G9T082PROD with BILLS

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1 cordance with subsection (c), an application to remove the 

2 conditional basis of permanent residency and to have the 

3 alien’s status adjusted to that of an alien lawfully admit4 ted for permanent residence. The application shall provide, 

5 under penalty of perjury, the facts and information so that 

6 the Secretary may make the determination described in 

7 subsection (b)(1). 

8 (b) ADJUDICATION OF APPLICATION FOR ADJUST9 MENT OF STATUS.— 

10 (1) IN GENERAL.—If an application is filed in 

11 accordance with subsection (a) for an alien, the Sec12 retary of Homeland Security shall make a deter13 mination as to whether the alien meets the require14 ments set out in subsection (d). 

15 (2) ADJUSTMENT OF STATUS IF FAVORABLE

16 DETERMINATION.—Notwithstanding any other provi17 sion of law, including paragraphs (2), (3), (4), and 

18 (8) of section 245(c) of the Immigration and Nation19 ality Act (8 U.S.C. 1255(c)), if the Secretary deter20 mines that the alien meets such requirements, the 

21 Secretary shall notify the alien of such determina22 tion and adjust the alien’s status to that of an alien 

23 lawfully admitted for permanent residence, effective 

24 as of the date of approval of the application. 

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1 (3) TERMINATION IF ADVERSE DETERMINA2 TION.—If the Secretary determines that the alien 

3 does not meet such requirements, the Secretary shall 

4 notify the alien of such determination and terminate 

5 the conditional permanent resident status of the 

6 alien as of the date of the determination. 

7 (c) TIME TO FILE APPLICATION.— 

8 (1) IN GENERAL.—An alien shall file an appli9 cation for adjustment of status during the period— 

10 (A) beginning on the date on which the 

11 alien obtained an extension of status under sec12 tion 5(d); and 

13 (B) ending on either the date that is 10 

14 years after the date of the initial grant of con15 ditional permanent resident status or any other 

16 expiration date of the conditional permanent 

17 resident status as extended by the Secretary of 

18 Homeland Security in accordance with this Act. 

19 (2) STATUS DURING PENDENCY.—The alien 

20 shall be deemed to be in conditional permanent resi21 dent status in the United States during the period 

22 in which such application is pending. 

23 (d) CONTENTS OF APPLICATION.—Each application 

24 for an alien under subsection (a) shall contain information 

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1 to permit the Secretary of Homeland Security to deter2 mine whether each of the following requirements is met: 

3 (1) The alien has demonstrated good moral 

4 character during the entire period the alien has been 

5 a conditional permanent resident. 

6 (2) The alien is in compliance with section 

7 4(a)(1)(E). 

8 (3) The alien has not abandoned the alien’s res9 idence in the United States. For purposes of this 

10 paragraph— 

11 (A) the Secretary shall presume that the 

12 alien has abandoned such residence if the alien 

13 is absent from the United States for more than 

14 730 days, in the aggregate, during the period of 

15 conditional permanent resident status, unless 

16 the alien demonstrates that the alien has not 

17 abandoned the alien’s residence; and 

18 (B) an alien who is absent from the United 

19 States due to active service in the armed forces 

20 has not abandoned the alien’s residence in the 

21 United States during the period of such service. 

22 (e) CITIZENSHIP REQUIREMENT.— 

23 (1) IN GENERAL.—Except as provided in para24 graph (2), the status of a conditional permanent 

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1 manent residency removed or be adjusted to perma2 nent resident status unless the alien demonstrates 

3 that the alien satisfies the requirements of section 

4 312(a) of the Immigration and Nationality Act (8 

5 U.S.C. 1423(a)). 

6 (2) EXCEPTION.—Paragraph (1) shall not 

7 apply to an alien who is unable because of a physical 

8 or developmental disability or mental impairment to 

9 meet the requirements of such paragraph. 

10 (f) PAYMENT OF FEDERAL TAXES.— 

11 (1) IN GENERAL.—Not later than the date on 

12 which an application is filed under subsection (a) for 

13 adjustment of status, the alien shall satisfy any ap14 plicable Federal tax liability due and owing on such 

15 date. 

16 (2) APPLICABLE FEDERAL TAX LIABILITY.— 

17 For purposes of paragraph (1), the term ‘‘applicable 

18 Federal tax liability’’ means liability for Federal 

19 taxes imposed under the Internal Revenue Code of 

20 1986, including any penalties and interest thereon. 

21 (g) SUBMISSION OF BIOMETRIC AND BIOGRAPHIC

22 DATA.—The Secretary of Homeland Security may not ad23 just the status of an alien under this section unless the 

24 alien submits biometric and biographic data, in accordance 

25 with procedures established by the Secretary. The Secmstockstill on DSK3G9T082PROD with BILLS

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1 retary shall provide an alternative procedure for applicants 

2 who are unable to provide such biometric or biographic 

3 data because of a physical impairment. 

4 (h) BACKGROUND CHECKS.— 

5 (1) REQUIREMENT FOR BACKGROUND

6 CHECKS.—The Secretary of Homeland Security shall 

7 utilize biometric, biographic, and other data that the 

8 Secretary determines appropriate— 

9 (A) to conduct security and law enforce10 ment background checks of an alien applying 

11 for adjustment of status under this section; and 

12 (B) to determine whether there is any 

13 criminal, national security, or other factor that 

14 would render the alien ineligible for such ad15 justment of status. 

16 (2) COMPLETION OF BACKGROUND CHECKS.— 

17 The security and law enforcement background 

18 checks required by paragraph (1) shall be completed, 

19 to the satisfaction of the Secretary, prior to the date 

20 the Secretary grants adjustment of status. 

21 (i) EXEMPTION FROM NUMERICAL LIMITATIONS.— 

22 Nothing in this section or in any other law may be con23 strued to apply a numerical limitation on the number of 

24 aliens who may be eligible for adjustment of status under 

25 this section. 

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1 (j) ELIGIBILITY FOR NATURALIZATION.— 

2 (1) IN GENERAL.—An alien whose status is ad3 justed under this section to that of an alien lawfully 

4 admitted for permanent residence may be natural5 ized upon compliance with all the requirements of 

6 the immigration laws. 

7 (2) ALIEN ENLISTEES.—For purposes of sec8 tion 316(a), an alien enlistee whose status was ad9 justed under this section shall be deemed to have 

10 satisfied the requirements of paragraphs (1) and (2) 

11 of such section, and may apply for naturalization. 

12 SEC. 7. TREATMENT OF ALIENS MEETING REQUIREMENTS 

13 FOR EXTENSION OF CONDITIONAL PERMA14 NENT RESIDENT STATUS. 

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

16 has satisfied all the requirements of sections 4(a)(1) and 

17 5(d)(1)(D), the Secretary of Homeland Security may can18 cel removal and grant conditional permanent resident sta19 tus in accordance with section 4, and may extend condi20 tional permanent resident status in accordance with sec21 tion 5(d). The alien may apply for adjustment of status 

22 in accordance with section 6(a) if the alien has met the 

23 requirements of section 5(d)(1) during the entire period 

24 of conditional permanent resident status. 

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1 SEC. 8. EXCLUSIVE JURISDICTION. 

2 The Secretary of Homeland Security shall have exclu3 sive jurisdiction to determine eligibility for relief under 

4 this Act, except where the alien has been placed into de5 portation, exclusion, or removal proceedings either prior 

6 to or after filing an application for cancellation of removal 

7 and conditional permanent resident status or adjustment 

8 of status under this Act, in which case the Attorney Gen9 eral shall have exclusive jurisdiction and shall assume all 

10 the powers and duties of the Secretary until proceedings 

11 are terminated, or if a final order of deportation, exclu12 sion, or removal is entered the Secretary shall resume all 

13 powers and duties delegated to the Secretary under this 

14 Act. If the Secretary grants relief under this Act, the final 

15 order of deportation, exclusion, or removal shall be termi16 nated. 

17 SEC. 9. CONFIDENTIALITY OF INFORMATION. 

18 (a) PROHIBITION.—Except as provided in subsection 

19 (b), no officer or employee of the United States may— 

20 (1) use the information furnished by an indi21 vidual pursuant to an application filed under this 

22 Act to initiate removal proceedings against any per23 son identified in the application; 

24 (2) make any publication whereby the informa25 tion furnished by any particular individual pursuant 

26 to an application under this Act can be identified; or 

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1 (3) permit anyone other than an officer or em2 ployee of the United States Government, the alien, 

3 or, in the case of an application filed under this Act 

4 with a designated entity, that designated entity, to 

5 examine such application filed under this Act. 

6 (b) REQUIRED DISCLOSURE.—The Attorney General 

7 or the Secretary of Homeland Security shall provide the 

8 information furnished under this Act, and any other infor9 mation derived from such furnished information, to— 

10 (1) a Federal, State, tribal, or local law enforce11 ment agency, intelligence agency, national security 

12 agency, component of the Department of Homeland 

13 Security, court, or grand jury in connection with a 

14 criminal investigation or prosecution, a background 

15 check conducted pursuant to the Brady Handgun 

16 Violence Protection Act (Public Law 103–159; 107 

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

18 for homeland security or national security purposes, 

19 if such information is requested by such entity or 

20 consistent with an information sharing agreement or 

21 mechanism; or 

22 (2) an official coroner for purposes of affirma23 tively identifying a deceased individual (whether or 

24 not such individual is deceased as a result of a 

25 crime). 

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1 (c) FRAUD IN APPLICATION PROCESS OR CRIMINAL

2 CONDUCT.—Notwithstanding any other provision of this 

3 section, information concerning whether an alien seeking 

4 relief under this Act has engaged in fraud in an applica5 tion for such relief or at any time committed a crime may 

6 be used or released for immigration enforcement, law en7 forcement, or national security purposes. 

8 (d) PENALTY.—Whoever knowingly uses, publishes, 

9 or permits information to be examined in violation of this 

10 section shall be fined not more than $10,000. 

11 SEC. 10. TREATMENT OF CONDITIONAL PERMANENT RESI12 DENTS FOR CERTAIN PURPOSES. 

13 (a) IN GENERAL.—An individual granted conditional 

14 permanent resident status under this Act shall, while such 

15 individual remains in such status, be considered lawfully 

16 present for all purposes. 

17 (b) FOR PURPOSES OF THE 5-YEAR ELIGIBILITY

18 WAITING PERIOD UNDER PRWORA.—An individual who 

19 has met the requirements under this Act for adjustment 

20 from conditional permanent resident status to lawful per21 manent resident status shall be considered, as of the date 

22 of such adjustment, to have completed the 5-year period 

23 specified in section 403 of the Personal Responsibility and 

24 Work Opportunity Reconciliation Act of 1996 (8 U.S.C. 

25 1613). 

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1 SEC. 11. GAO REPORT. 

2 Not later than 7 years after the date of the enact3 ment of this Act, the Comptroller General of the United 

4 States shall submit to the Committee on the Judiciary of 

5 the Senate and the Committee on the Judiciary of the 

6 House of Representatives a report setting forth— 

7 (1) the number of aliens who were eligible for 

8 cancellation of removal and grant of conditional per9 manent resident status under section 4(a); 

10 (2) the number of aliens who applied for can11 cellation of removal and grant of conditional perma12 nent resident status under section 4(a); 

13 (3) the number of aliens who were granted con14 ditional permanent resident status under section 

15 4(a); and 

16 (4) the number of aliens whose status was ad17 justed to that of an alien lawfully admitted for per18 manent residence under section 6. 

19 SEC. 12. MILITARY ENLISTMENT. 

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

21 amended by adding at the end the following new subpara22 graph: 

23 ‘‘(D) An alien who is a conditional permanent 

24 resident (as that term is defined in section 3 of the 

25 Recognizing America’s Children Act).’’. 

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1 SEC. 13. NATURALIZATION OF ENLISTEES. 

2 For purposes of sections 328 and 329 of the Immi3 gration and Nationality Act, an alien enlistee shall be con4 sidered to have been lawfully admitted for permanent resi5 dence, without regard to the conditional status of such ad6 mission. 

Æ 

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