I 

114TH CONGRESS 

2D SESSION H. R. 5533 

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 

JUNE 20, 2016 

Mr. CURBELO of Florida (for himself and Mr. COFFMAN) introduced the following bill; which was referred to the Committee on the Judiciary, and 

in addition to the Committees on Homeland Security, Armed Services, 

Ways and Means, and Energy and Commerce, 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 American 

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 nonimmigrant status. 

Sec. 6. Adjustment of status. 

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

nonimmigrant status. 

Sec. 8. Exclusive jurisdiction. 

Sec. 9. Confidentiality of information. 

Sec. 10. Treatment of conditional nonimmigrants for certain purposes. 

Sec. 11. GAO report. 

Sec. 12. Military enlistment. 

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 nonimmigrant that seeks 

11 to maintain or extend such status by means of satis12 faction of the requirements of this Act relating to 

13 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 nonimmigrant that seeks to maintain or ex18 tend such status by means of satisfaction of the re19 quirements of this Act relating to enrollment in, and 


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1 graduation from, an institution of higher education 

2 in the United States. 

3 (4) CONDITIONAL NONIMMIGRANT.— 

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

5 nonimmigrant’’ means an alien who is granted 

6 conditional nonimmigrant status under this Act. 

7 (B) DESCRIPTION.—A conditional non8 immigrant— 

9 (i) shall not be considered to be an 

10 alien who is unlawfully present in the 

11 United States for purposes of the immigra12 tion laws, including section 505 of the Ille13 gal Immigration Reform and Immigrant 

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

15 1623); 

16 (ii) shall be considered to be an alien 

17 within a nonimmigrant class for purposes 

18 of such laws; 

19 (iii) has the intention permanently to 

20 reside in the United States; 

21 (iv) is not required to have a foreign 

22 residence which the alien has no intention 

23 of abandoning; and 

24 (v) shall be considered inspected and 

25 admitted for the purposes of section 


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1 245(a) of the Immigration and Nationality 

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

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

4 not include an adjudication or judgement of guilt 

5 that has been dismissed, expunged, deferred, an6 nulled, invalidated, withheld, or vacated, an order of 

7 probation without entry of judgement, or any similar 

8 disposition. Section 101(a)(48)(B) of the Immigra9 tion and Nationality Act shall not apply for purposes 

10 of this Act. 

11 (6) IMMIGRATION LAWS.—The term ‘‘immigra12 tion laws’’ has the meaning given such term in sec13 tion 101(a)(17) of the Immigration and Nationality 

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

15 (7) INSTITUTION OF HIGHER EDUCATION.—The 

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

17 meaning given such term in section 102 of the High18 er Education Act of 1965 (20 U.S.C. 1002), except 

19 that the term does not include an institution of high20 er education outside the United States. 

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

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

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

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


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1 SEC. 4. CANCELLATION OF REMOVAL OF CERTAIN LONG2 TERM RESIDENTS WHO ENTERED THE 

3 UNITED STATES AS CHILDREN. 

4 (a) SPECIAL RULE FOR CERTAIN LONG-TERM RESI5 DENTS WHO ENTERED THE UNITED STATES AS CHIL6 DREN.— 

7 (1) IN GENERAL.—Notwithstanding any other 

8 provision of law and except as otherwise provided in 

9 this Act, the Secretary of Homeland Security may 

10 cancel removal of an alien who is inadmissible or de11 portable from the United States, and grant the alien 

12 conditional nonimmigrant status, if the alien dem13 onstrates by a preponderance of the evidence that— 

14 (A) the alien has been physically present in 

15 the United States for a continuous period since 

16 January 1, 2010; 

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

18 age on the date the alien initially entered the 

19 United States; 

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

21 or older— 

22 (i) has earned a high school diploma, 

23 a commensurate alternative award from a 

24 public or private high school or secondary 

25 school, obtained a general education devel26 opment certificate recognized under State 


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1 law, or a high school equivalency diploma 

2 in the United States; 

3 (ii) the alien has been admitted to an 

4 institution of higher education in the 

5 United States; or 

6 (iii) the alien has a valid work author7 ization; 

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

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

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

11 1101(f))) since the date the alien initially en12 tered the United States; 

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

14 (i) is not inadmissible under para15 graph (1), (2), (3), (4), (6)(E), (8), 

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

17 212(a) of the Immigration and Nationality 

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

19 (ii) is not deportable under paragraph 

20 (1)(E), (1)(G), (2), (4), (5), or (6) of sec21 tion 237(a) of the Immigration and Na22 tionality Act (8 U.S.C. 1227(a)); 

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

24 or otherwise participated in the persecution 

25 of any person on account of race, religion, 


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1 nationality, membership in a particular so2 cial group, or political opinion; and 

3 (iv) other than an offense under State 

4 or local law for which an essential element 

5 was the alien’s immigration status, a 

6 minor traffic offense, or a violation of this 

7 Act, has not been convicted of— 

8 (I) any offense under Federal or 

9 State law punishable by a maximum 

10 term of imprisonment of more than 1 

11 year; or 

12 (II) three or more offenses under 

13 Federal or State law, for which the 

14 alien was convicted on different dates 

15 for each of the 3 offenses and sen16 tenced to imprisonment for a total of 

17 not more than 1 year; and 

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

19 administrative or judicial order of exclusion, de20 portation, or removal, unless the alien— 

21 (i) has remained in the United States 

22 under color of law after such order was 

23 issued; or 

24 (ii) received the order before attaining 

25 the age of 18 years. 


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

2 under this Act, the Secretary of Homeland Security 

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

4 (a)(1)(E)(iv) of this section, the ground of inadmis5 sibility under paragraph (1), (4), or (6) of section 

6 212(a) of the Immigration and Nationality Act (8 

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

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

9 (8 U.S.C. 1227(a)), for humanitarian purposes or 

10 family unity or when it is otherwise in the public in11 terest. 

12 (3) PROCEDURES.—The Secretary of Homeland 

13 Security shall provide a procedure by regulation al14 lowing eligible individuals to apply affirmatively for 

15 the relief available under this subsection without 

16 being placed in removal proceedings. 

17 (4) SUBMISSION OF BIOMETRIC AND BIO18 GRAPHIC DATA.—The Secretary of Homeland Secu19 rity may not cancel the removal of an alien or grant 

20 conditional nonimmigrant status to the alien under 

21 this subsection unless the alien submits biometric 

22 and biographic data, in accordance with procedures 

23 established by the Secretary. The Secretary shall 

24 provide an alternative procedure for applicants who 


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1 are unable to provide such biometric or biographic 

2 data because of a physical impairment. 

3 (5) BACKGROUND CHECKS.— 

4 (A) REQUIREMENT FOR BACKGROUND

5 CHECKS.—The Secretary of Homeland Security 

6 shall utilize biometric, biographic, and other 

7 data that the Secretary determines is appro8 priate— 

9 (i) to conduct security and law en10 forcement background checks of an alien 

11 seeking relief available under this sub12 section; and 

13 (ii) to determine whether there is any 

14 criminal, national security, or other factor 

15 that would render the alien ineligible for 

16 such relief. 

17 (B) COMPLETION OF BACKGROUND

18 CHECKS.—The security and law enforcement 

19 background checks required by subparagraph 

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

21 Secretary, prior to the date the Secretary can22 cels the removal of the alien under this sub23 section. 

24 (6) MEDICAL EXAMINATION.—An alien applying 

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1 go a medical observation and examination. The Sec2 retary of Homeland Security, with the concurrence 

3 of the Secretary of Health and Human Services, 

4 shall prescribe policies and procedures for the nature 

5 and timing of such observation and examination. 

6 (7) MILITARY SELECTIVE SERVICE.—An alien 

7 applying for relief available under this subsection 

8 shall establish that the alien has registered under 

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

10 451 et seq.), if the alien is subject to such registra11 tion under that Act. 

12 (b) TERMINATION OF CONTINUOUS PERIOD.—For 

13 purposes of this section, any period of continuous resi14 dence or continuous physical presence in the United States 

15 of an alien who applies for cancellation of removal under 

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

17 a notice to appear under section 239(a) of the Immigra18 tion and Nationality Act (8 U.S.C. 1229(a)). 

19 (c) TREATMENT OF CERTAIN BREAKS IN PRES20 ENCE.— 

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

22 to have failed to maintain continuous physical pres23 ence in the United States under subsection (a) if the 

24 alien has departed from the United States for any 


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

2 aggregate exceeding 180 days. 

3 (2) EXTENSIONS FOR EXCEPTIONAL CIR4 CUMSTANCES.—The Secretary of Homeland Security 

5 may extend the time periods described in paragraph 

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

7 failure to timely return to the United States was due 

8 to exceptional circumstances. The exceptional cir9 cumstances determined sufficient to justify an exten10 sion should be no less compelling than serious illness 

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

12 grandparent, sibling, or child. 

13 (d) REGULATIONS.— 

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

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

16 Secretary of Homeland Security shall publish regula17 tions implementing this section. 

18 (2) INTERIM REGULATIONS.—Notwithstanding 

19 section 553 of title 5, United States Code, the regu20 lations required by paragraph (1) shall be effective, 

21 on an interim basis, immediately upon publication 

22 but may be subject to change and revision after pub23 lic notice and opportunity for a period of public com24 ment. 


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1 (3) FINAL REGULATIONS.—Within a reasonable 

2 time after publication of the interim regulations in 

3 accordance with paragraph (1), the Secretary of 

4 Homeland Security shall publish final regulations 

5 implementing this section. 

6 (e) REMOVAL OF ALIEN.—The Secretary of Home7 land Security may not remove any alien who— 

8 (1) has a pending application for conditional 

9 nonimmigrant status under this Act; or 

10 (2) establishes prima facie eligibility for can11 cellation of removal and conditional nonimmigrant 

12 status under subsection (a) and is provided a rea13 sonable opportunity to file an application under sub14 section (a). 

15 SEC. 5. CONDITIONAL NONIMMIGRANT STATUS. 

16 (a) LENGTH OF STATUS.—Conditional nonimmigrant 

17 status granted under section 4 shall be valid for an initial 

18 period of 5 years, subject to termination under subsection 

19 (c) of this section. 

20 (b) TERMS OF CONDITIONAL NONIMMIGRANT STA21 TUS.— 

22 (1) EMPLOYMENT.—A conditional non23 immigrant shall be authorized— 


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1 (A) to be employed in the United States 

2 incident to conditional nonimmigrant status; 

3 and 

4 (B) to enlist in the armed forces as pro5 vided in 504(b)(1)(D) of title 10, United States 

6 Code, as added by section 12. 

7 (2) TRAVEL.—A conditional nonimmigrant may 

8 travel outside the United States and may be admit9 ted (if otherwise admissible) upon return to the 

10 United States without having to obtain a visa if— 

11 (A) the alien is the bearer of valid, unex12 pired documentary evidence of conditional non13 immigrant status; and 

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

15 States was not for a period exceeding 180 days 

16 or the alien was absent from the United States 

17 due to active service in the armed forces. 

18 (c) TERMINATION OF STATUS.— 

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

20 Security shall terminate the conditional non21 immigrant status of any alien if the Secretary deter22 mines that the alien is 18 years of age or older 

23 and— 

24 (A) in the case of— 


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1 (i) an alien postsecondary student, the 

2 alien failed to enroll in an accredited insti3 tution of higher education in the United 

4 States within 1 year after the date on 

5 which the alien was granted conditional 

6 nonimmigrant status or to remain so en7 rolled; 

8 (ii) an alien described under section 

9 4(a)(1)(C), the alien has not been em10 ployed for a total period of 48 months dur11 ing the 5-year period beginning on the date 

12 that the alien was granted conditional non13 immigrant status; or 

14 (iii) an alien enlistee, the alien— 

15 (I) failed to enlist, and be accept16 ed for enlistment, in the armed forces 

17 within 9 months after the date on 

18 which the alien was granted condi19 tional nonimmigrant status; or 

20 (II) has received a dishonorable 

21 or other than honorable discharge 

22 from the armed forces; 

23 (B) ceases to meet the requirements of 

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

25 (C) has become a public charge. 


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1 (2) RETURN TO PREVIOUS IMMIGRATION STA2 TUS.—Any alien whose conditional nonimmigrant 

3 status is terminated under paragraph (1) shall re4 turn to the immigration status the alien had imme5 diately prior to receiving conditional nonimmigrant 

6 status. 

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

8 Homeland Security shall extend the conditional non9 immigrant status of an alien for a second period of 5 years 

10 if the following requirements are met: 

11 (1) The alien has demonstrated good moral 

12 character during the entire period the alien has been 

13 a conditional nonimmigrant. 

14 (2) The alien is in compliance with section 

15 4(a)(1)(E). 

16 (3) The alien has not abandoned the alien’s res17 idence in the United States. For purposes of this 

18 subparagraph, the Secretary shall presume that the 

19 alien has abandoned such residence if the alien is 

20 absent from the United States for more than 365 

21 days, in the aggregate, during the period of condi22 tional nonimmigrant status, unless the alien dem23 onstrates that the alien has not abandoned the 

24 alien’s residence. 

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


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1 (A) in the case of an alien postsecondary 

2 student, has been graduated from an accredited 

3 institution of higher education in the United 

4 States; 

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

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

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

8 year period beginning on the date that the alien 

9 was granted conditional nonimmigrant status; 

10 or 

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

12 served as a member of a regular or reserve 

13 component of the armed forces in an active 

14 duty status for at least 3 years, and, if dis15 charged, received an honorable discharge. 

16 SEC. 6. ADJUSTMENT OF STATUS. 

17 (a) IN GENERAL.—A conditional nonimmigrant may 

18 file with the Secretary of Homeland Security, in accord19 ance with subsection (c), an application to have the alien’s 

20 status adjusted to that of an alien lawfully admitted for 

21 permanent residence. The application shall provide, under 

22 penalty of perjury, the facts and information so that the 

23 Secretary may make the determination described in sub24 section (b)(1). 


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1 (b) ADJUDICATION OF APPLICATION FOR ADJUST2 MENT OF STATUS.— 

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

4 accordance with subsection (a) for an alien, the Sec5 retary of Homeland Security shall make a deter6 mination as to whether the alien meets the require7 ments set out in subsection (d). 

8 (2) ADJUSTMENT OF STATUS IF FAVORABLE

9 DETERMINATION.—Notwithstanding any other provi10 sion of law, including paragraphs (2), (3), (4), and 

11 (8) of section 245(c) of the Immigration and Nation12 ality Act (8 U.S.C. 1255(c)), if the Secretary deter13 mines that the alien meets such requirements, the 

14 Secretary shall notify the alien of such determina15 tion and adjust the alien’s status to that of an alien 

16 lawfully admitted for permanent residence, effective 

17 as of the date of approval of the application. 

18 (3) TERMINATION IF ADVERSE DETERMINA19 TION.—If the Secretary determines that the alien 

20 does not meet such requirements, the Secretary shall 

21 notify the alien of such determination and terminate 

22 the conditional nonimmigrant status of the alien as 

23 of the date of the determination. 

24 (c) TIME TO FILE APPLICATION.— 


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1 (1) IN GENERAL.—An alien shall file an appli2 cation for adjustment of status during the period— 

3 (A) beginning on the date on which the 

4 alien obtained an extension of status under sec5 tion 5(d); and 

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

7 years after the date of the initial grant of con8 ditional nonimmigrant status or any other expi9 ration date of the conditional nonimmigrant 

10 status as extended by the Secretary of Home11 land Security in accordance with this Act. 

12 (2) STATUS DURING PENDENCY.—The alien 

13 shall be deemed to be in conditional nonimmigrant 

14 status in the United States during the period in 

15 which such application is pending. 

16 (d) CONTENTS OF APPLICATION.—Each application 

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

18 to permit the Secretary of Homeland Security to deter19 mine whether each of the following requirements is met: 

20 (1) The alien has demonstrated good moral 

21 character during the entire period the alien has been 

22 a conditional nonimmigrant. 

23 (2) The alien is in compliance with section 

24 4(a)(1)(E). 


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1 (3) The alien has not abandoned the alien’s res2 idence in the United States. For purposes of this 

3 paragraph— 

4 (A) the Secretary shall presume that the 

5 alien has abandoned such residence if the alien 

6 is absent from the United States for more than 

7 730 days, in the aggregate, during the period of 

8 conditional nonimmigrant status, unless the 

9 alien demonstrates that the alien has not aban10 doned the alien’s residence; and 

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

12 States due to active service in the armed forces 

13 has not abandoned the alien’s residence in the 

14 United States during the period of such service. 

15 (e) CITIZENSHIP REQUIREMENT.— 

16 (1) IN GENERAL.—Except as provided in para17 graph (2), the status of a conditional nonimmigrant 

18 shall not be adjusted to permanent resident status 

19 unless the alien demonstrates that the alien satisfies 

20 the requirements of section 312(a) of the Immigra21 tion and Nationality Act (8 U.S.C. 1423(a)). 

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

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

24 or developmental disability or mental impairment to 

25 meet the requirements of such paragraph. 


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1 (f) PAYMENT OF FEDERAL TAXES.— 

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

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

4 adjustment of status, the alien shall satisfy any ap5 plicable Federal tax liability due and owing on such 

6 date. 

7 (2) APPLICABLE FEDERAL TAX LIABILITY.— 

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

9 Federal tax liability’’ means liability for Federal 

10 taxes imposed under the Internal Revenue Code of 

11 1986, including any penalties and interest thereon. 

12 (g) SUBMISSION OF BIOMETRIC AND BIOGRAPHIC

13 DATA.—The Secretary of Homeland Security may not ad14 just the status of an alien under this section unless the 

15 alien submits biometric and biographic data, in accordance 

16 with procedures established by the Secretary. The Sec17 retary shall provide an alternative procedure for applicants 

18 who are unable to provide such biometric or biographic 

19 data because of a physical impairment. 

20 (h) BACKGROUND CHECKS.— 

21 (1) REQUIREMENT FOR BACKGROUND

22 CHECKS.—The Secretary of Homeland Security shall 

23 utilize biometric, biographic, and other data that the 

24 Secretary determines appropriate— 


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1 (A) to conduct security and law enforce2 ment background checks of an alien applying 

3 for adjustment of status under this section; and 

4 (B) to determine whether there is any 

5 criminal, national security, or other factor that 

6 would render the alien ineligible for such ad7 justment of status. 

8 (2) COMPLETION OF BACKGROUND CHECKS.— 

9 The security and law enforcement background 

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

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

12 the Secretary grants adjustment of status. 

13 (i) EXEMPTION FROM NUMERICAL LIMITATIONS.— 

14 Nothing in this section or in any other law may be con15 strued to apply a numerical limitation on the number of 

16 aliens who may be eligible for adjustment of status under 

17 this section. 

18 (j) ELIGIBILITY FOR NATURALIZATION.— 

19 (1) IN GENERAL.—An alien whose status is ad20 justed under this section to that of an alien lawfully 

21 admitted for permanent residence may be natural22 ized upon compliance with all the requirements of 

23 the immigration laws. 

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1 justed under this section shall be deemed to have 

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

3 of such section, and may apply for naturalization. 

4 SEC. 7. TREATMENT OF ALIENS MEETING REQUIREMENTS 

5 FOR EXTENSION OF CONDITIONAL NON6 IMMIGRANT STATUS. 

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

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

9 5(d)(1)(D), the Secretary of Homeland Security may can10 cel removal and grant conditional nonimmigrant status in 

11 accordance with section 4, and may extend conditional 

12 nonimmigrant status in accordance with section 5(d). The 

13 alien may apply for adjustment of status in accordance 

14 with section 6(a) if the alien has met the requirements 

15 of section 5(d)(1) during the entire period of conditional 

16 nonimmigrant status. 

17 SEC. 8. EXCLUSIVE JURISDICTION. 

18 The Secretary of Homeland Security shall have exclu19 sive jurisdiction to determine eligibility for relief under 

20 this Act, except where the alien has been placed into de21 portation, exclusion, or removal proceedings either prior 

22 to or after filing an application for cancellation of removal 

23 and conditional nonimmigrant status or adjustment of sta24 tus under this Act, in which case the Attorney General 

25 shall have exclusive jurisdiction and shall assume all the 


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1 powers and duties of the Secretary until proceedings are 

2 terminated, or if a final order of deportation, exclusion, 

3 or removal is entered the Secretary shall resume all powers 

4 and duties delegated to the Secretary under this Act. If 

5 the Secretary grants relief under this Act, the final order 

6 of deportation, exclusion, or removal shall be terminated. 

7 SEC. 9. CONFIDENTIALITY OF INFORMATION. 

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

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

10 (1) use the information furnished by an indi11 vidual pursuant to an application filed under this 

12 Act to initiate removal proceedings against any per13 son identified in the application; 

14 (2) make any publication whereby the informa15 tion furnished by any particular individual pursuant 

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

17 (3) permit anyone other than an officer or em18 ployee of the United States Government, the alien, 

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

20 with a designated entity, that designated entity, to 

21 examine such application filed under this Act. 

22 (b) REQUIRED DISCLOSURE.—The Attorney General 

23 or the Secretary of Homeland Security shall provide the 

24 information furnished under this Act, and any other infor25 mation derived from such furnished information, to— 


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1 (1) a Federal, State, tribal, or local law enforce2 ment agency, intelligence agency, national security 

3 agency, component of the Department of Homeland 

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

5 criminal investigation or prosecution, a background 

6 check conducted pursuant to the Brady Handgun 

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

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

9 for homeland security or national security purposes, 

10 if such information is requested by such entity or 

11 consistent with an information sharing agreement or 

12 mechanism; or 

13 (2) an official coroner for purposes of affirma14 tively identifying a deceased individual (whether or 

15 not such individual is deceased as a result of a 

16 crime). 

17 (c) FRAUD IN APPLICATION PROCESS OR CRIMINAL

18 CONDUCT.—Notwithstanding any other provision of this 

19 section, information concerning whether an alien seeking 

20 relief under this Act has engaged in fraud in an applica21 tion for such relief or at any time committed a crime may 

22 be used or released for immigration enforcement, law en23 forcement, or national security purposes. 


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•HR 5533 IH

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

2 or permits information to be examined in violation of this 

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

4 SEC. 10. TREATMENT OF CONDITIONAL NONIMMIGRANTS 

5 FOR CERTAIN PURPOSES. 

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

7 nonimmigrant status under this Act shall, while such indi8 vidual remains in such status, be considered lawfully 

9 present for all purposes except— 

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

11 of 1986 (concerning premium tax credits), as added 

12 by section 1401 of the Patient Protection and Af13 fordable Care Act (Public Law 111–148); and 

14 (2) section 1402 of the Patient Protection and 

15 Affordable Care Act (concerning reduced cost shar16 ing; 42 U.S.C. 18071). 

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 nonimmigrant status to lawful perma21 nent 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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•HR 5533 IH

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 non9 immigrant status under section 4(a); 

10 (2) the number of aliens who applied for can11 cellation of removal and grant of conditional non12 immigrant status under section 4(a); 

13 (3) the number of aliens who were granted con14 ditional nonimmigrant status under section 4(a); 

15 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 non24 immigrant (as that term is defined in section 3 of 

25 the Recognizing American Children Act).’’. 

Æ 


rfrederick on DSK6VPTVN1PROD with BILLS