In the House of Representatives, U. S., 

December 8, 2010. 

Resolved, That the House agree to the amendments 

numbered 1 and 2 of the Senate to the bill (H.R. 5281) entitled ‘‘An Act to amend title 28, United States Code, to clarify 

and improve certain provisions relating to the removal of litigation against Federal officers or agencies to Federal courts, 

and for other purposes.’’ and be it further 

Resolved, That the House agree to the amendment numbered 3 of the Senate to the aformentioned bill, with the following 

HOUSE AMENDMENT TO SENATE AMENDMENT: 

At the end of the matter proposed to be inserted by 

the Senate amendment numbered 3, add the following: 

1 SEC. 4. SHORT TITLE. 

2 Notwithstanding section 1, sections 5 through 16 of 

3 this Act may be cited as the ‘‘Development, Relief, and Edu4 cation for Alien Minors Act of 2010’’ or the ‘‘DREAM Act 

5 of 2010’’. 

6 SEC. 5. DEFINITIONS. 

7 In this section and sections 6 through 16 of this Act: 

8 (1) IN GENERAL.—Except as otherwise specifi9 cally provided, a term used in this section and section 

10 6 through 16 of this Act that is used in the immigra-
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1 tion laws shall have the meaning given such term in 

2 the immigration laws. 

3 (2) ARMED FORCES.—The term ‘‘Armed Forces’’ 

4 has the meaning given the term ‘‘armed forces’’ in 

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

6 (3) CONDITIONAL NONIMMIGRANT.— 

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

8 nonimmigrant’’ means an alien who is granted 

9 conditional nonimmigrant status under this Act. 

10 (B) DESCRIPTION.—A conditional non11 immigrant— 

12 (i) shall be considered to be an alien 

13 within a nonimmigrant class for purposes 

14 of the immigration laws; 

15 (ii) may have the intention perma16 nently to reside in the United States; and 

17 (iii) is not required to have a foreign 

18 residence which the alien has no intention 

19 of abandoning. 

20 (4) IMMIGRATION LAWS.—The term ‘‘immigra21 tion laws’’ has the meaning given such term in sec22 tion 101(a)(17) of the Immigration and Nationality 

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

24 (5) INSTITUTION OF HIGHER EDUCATION.—The 

25 term ‘‘institution of higher education’’ has the mean-
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1 ing given such term in section 102 of the Higher Edu2 cation Act of 1965 (20 U.S.C. 1002), except that the 

3 term does not include an institution of higher edu4 cation outside the United States. 

5 SEC. 6. CANCELLATION OF REMOVAL OF CERTAIN LONG6 TERM RESIDENTS WHO ENTERED THE 

7 UNITED STATES AS CHILDREN. 

8 (a) SPECIAL RULE FOR CERTAIN LONG-TERM RESI9 DENTS WHO ENTERED THE UNITED STATES AS CHIL10 DREN.— 

11 (1) IN GENERAL.—Notwithstanding any other 

12 provision of law and except as otherwise provided in 

13 this section and sections 7 through 16 of this Act, the 

14 Secretary of Homeland Security may cancel removal 

15 of an alien who is inadmissible or deportable from the 

16 United States, and grant the alien conditional non17 immigrant status, if the alien demonstrates by a pre18 ponderance of the evidence that— 

19 (A) the alien has been physically present in 

20 the United States for a continuous period of not 

21 less than 5 years immediately preceding the date 

22 of the enactment of this Act and was younger 

23 than 16 years of age on the date the alien ini24 tially entered the United States; 
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1 (B) the alien has been a person of good 

2 moral character since the date the alien initially 

3 entered the United States; 

4 (C) subject to paragraph (2), the alien— 

5 (i) is not inadmissible under para6 graph (1), (2), (3), (4), (6)(E), (6)(G), (8), 

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

8 212(a) of the Immigration and Nationality 

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

10 (ii) is not deportable under paragraph 

11 (1)(E), (1)(G), (2), (4), (5), or (6) of section 

12 237(a) of the Immigration and Nationality 

13 Act (8 U.S.C. 1227(a)); 

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

15 or otherwise participated in the persecution 

16 of any person on account of race, religion, 

17 nationality, membership in a particular so18 cial group, or political opinion; and 

19 (iv) has not been convicted of— 

20 (I) any offense under Federal or 

21 State law punishable by a maximum 

22 term of imprisonment of more than 1 

23 year; or 

24 (II) 3 or more offenses under Fed25 eral or State law, for which the alien 
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1 was convicted on different dates for 

2 each of the 3 offenses and sentenced to 

3 imprisonment for an aggregate of 90 

4 days or more; 

5 (D) the alien— 

6 (i) has been admitted to an institution 

7 of higher education in the United States; or 

8 (ii) has earned a high school diploma 

9 or obtained a general education development 

10 certificate in the United States; 

11 (E) the alien has never been under a final 

12 administrative or judicial order of exclusion, de13 portation, or removal, unless the alien— 

14 (i) has remained in the United States 

15 under color of law after such order was 

16 issued; or 

17 (ii) received the order before attaining 

18 the age of 16 years; and 

19 (F) the alien was younger than 30 years of 

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

21 (2) WAIVER.—With respect to any benefit under 

22 this section and sections 7 through 16 of this Act, the 

23 Secretary of Homeland Security may waive the 

24 ground of inadmissibility under paragraph (1), (4), 

25 or (6) of section 212(a) of the Immigration and Na-
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1 tionality Act (8 U.S.C. 1182(a)) and the ground of 

2 deportability under paragraph (1) of section 237(a) of 

3 that Act (8 U.S.C. 1227(a)) for humanitarian pur4 poses or family unity or when it is otherwise in the 

5 public interest. 

6 (3) PROCEDURES.—The Secretary of Homeland 

7 Security shall provide a procedure by regulation al8 lowing eligible individuals to apply affirmatively for 

9 the relief available under this subsection without 

10 being placed in removal proceedings. 

11 (4) SURCHARGE.—The Secretary of Homeland 

12 Security shall charge and collect a surcharge of $525 

13 per application on all applications for relief under 

14 this subsection. Such surcharge shall be in addition to 

15 the otherwise applicable application fee imposed for 

16 the purpose of recovering the full costs of providing 

17 adjudication and processing services. Notwithstanding 

18 any other provision of law, including section 286 of 

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

20 1356), any surcharge collected under this paragraph 

21 shall be deposited as offsetting receipts in the General 

22 Fund of the Treasury and shall not be available for 

23 obligation or expenditure. 

24 (5) DEADLINE FOR SUBMISSION OF APPLICA25 TION.—An alien shall submit an application for can-
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1 cellation of removal and conditional nonimmigrant 

2 status under this subsection no later than the date 

3 that is 1 year after the later of— 

4 (A) the date the alien earned a high school 

5 diploma or obtained a general education develop6 ment certificate in the United States; or 

7 (B) the effective date of the interim regula8 tions under subsection (d). 

9 (6) SUBMISSION OF BIOMETRIC AND BIOGRAPHIC

10 DATA.—The Secretary of Homeland Security may not 

11 cancel the removal of an alien or grant conditional 

12 nonimmigrant status to the alien under this sub13 section unless the alien submits biometric and bio14 graphic data, in accordance with procedures estab15 lished by the Secretary. The Secretary shall provide 

16 an alternative procedure for applicants who are un17 able to provide such biometric or biographic data be18 cause of a physical impairment. 

19 (7) BACKGROUND CHECKS.— 

20 (A) REQUIREMENT FOR BACKGROUND

21 CHECKS.—The Secretary of Homeland Security 

22 shall utilize biometric, biographic, and other 

23 data that the Secretary determines is appro24 priate— 
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1 (i) to conduct security and law enforce2 ment background checks of an alien seeking 

3 relief available under this subsection; and 

4 (ii) to determine whether there is any 

5 criminal, national security, or other factor 

6 that would render the alien ineligible for 

7 such relief. 

8 (B) COMPLETION OF BACKGROUND

9 CHECKS.—The security and law enforcement 

10 background checks required by subparagraph (A) 

11 shall be completed, to the satisfaction of the Sec12 retary, prior to the date the Secretary cancels the 

13 removal of the alien under this subsection. 

14 (8) MEDICAL EXAMINATION.—An alien applying 

15 for relief available under this subsection shall undergo 

16 a medical observation and examination. The Sec17 retary of Homeland Security, with the concurrence of 

18 the Secretary of Health and Human Services, shall 

19 prescribe policies and procedures for the nature and 

20 timing of such observation and examination. 

21 (9) MILITARY SELECTIVE SERVICE.—An alien 

22 applying for relief available under this subsection 

23 shall establish that the alien has registered under the 

24 Military Selective Service Act (50 U.S.C. App. 451 et 
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1 seq.), if the alien is subject to such registration under 

2 that Act. 

3 (b) TERMINATION OF CONTINUOUS PERIOD.—For pur4 poses of this section, any period of continuous residence or 

5 continuous physical presence in the United States of an 

6 alien who applies for cancellation of removal under sub7 section (a) shall not terminate when the alien is served a 

8 notice to appear under section 239(a) of the Immigration 

9 and Nationality Act (8 U.S.C. 1229(a)). 

10 (c) TREATMENT OF CERTAIN BREAKS IN PRESENCE.— 

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

12 to have failed to maintain continuous physical pres13 ence in the United States under subsection (a) if the 

14 alien has departed from the United States for any pe15 riod in excess of 90 days or for any periods in the 

16 aggregate exceeding 180 days. 

17 (2) EXTENSIONS FOR EXCEPTIONAL CIR18 CUMSTANCES.—The Secretary of Homeland Security 

19 may extend the time periods described in paragraph 

20 (1) if the alien demonstrates that the failure to timely 

21 return to the United States was due to exceptional 

22 circumstances. The exceptional circumstances deter23 mined sufficient to justify an extension should be no 

24 less compelling than serious illness of the alien, or 
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1 death or serious illness of a parent, grandparent, sib2 ling, or child. 

3 (d) REGULATIONS.— 

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

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

6 Secretary of Homeland Security shall publish regula7 tions implementing this section. 

8 (2) INTERIM REGULATIONS.—Notwithstanding 

9 section 553 of title 5, United States Code, the regula10 tions required by paragraph (1) shall be effective, on 

11 an interim basis, immediately upon publication but 

12 may be subject to change and revision after public no13 tice and opportunity for a period of public comment. 

14 (3) FINAL REGULATIONS.—Within a reasonable 

15 time after publication of the interim regulations in 

16 accordance with paragraph (1), the Secretary of 

17 Homeland Security shall publish final regulations 

18 implementing this section. 

19 (e) REMOVAL OF ALIEN.—The Secretary of Homeland 

20 Security may not remove any alien who— 

21 (1) has a pending application for conditional 

22 nonimmigrant status under this Act; and 

23 (2) establishes prima facie eligibility for can24 cellation of removal and conditional nonimmigrant 

25 status under subsection (a). 
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1 SEC. 7. CONDITIONAL NONIMMIGRANT STATUS. 

2 (a) LENGTH OF STATUS.—Conditional nonimmigrant 

3 status granted under section 6 shall be valid for an initial 

4 period of 5 years, subject to termination under subsection 

5 (c) of this section. 

6 (b) TERMS OF CONDITIONAL NONIMMIGRANT STA7 TUS.— 

8 (1) EMPLOYMENT.—A conditional nonimmigrant 

9 shall be authorized to be employed in the United 

10 States incident to conditional nonimmigrant status. 

11 (2) TRAVEL.—A conditional nonimmigrant may 

12 travel outside the United States and may be admitted 

13 (if otherwise admissible) upon return to the United 

14 States without having to obtain a visa if— 

15 (A) the alien is the bearer of valid, unex16 pired documentary evidence of conditional non17 immigrant status; and 

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

19 States was not for a period exceeding 180 days. 

20 (c) TERMINATION OF STATUS.— 

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

22 Security shall terminate the conditional non23 immigrant status of any alien if the Secretary deter24 mines that the alien— 

25 (A) ceases to meet the requirements of sub26 paragraph (B) or (C) of section 6(a)(1); 
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1 (B) has become a public charge; or 

2 (C) has received a dishonorable or other 

3 than honorable discharge from the Armed Forces. 

4 (2) RETURN TO PREVIOUS IMMIGRATION STA5 TUS.—Any alien whose conditional nonimmigrant 

6 status is terminated under paragraph (1) shall return 

7 to the immigration status the alien had immediately 

8 prior to receiving conditional nonimmigrant status. 

9 (d) EXTENSION OF STATUS.— 

10 (1) ELIGIBILITY.—The Secretary of Homeland 

11 Security shall extend the conditional nonimmigrant 

12 status of an alien for a second period of 5 years if 

13 the following requirements are met: 

14 (A) The alien has demonstrated good moral 

15 character during the entire period the alien has 

16 been a conditional nonimmigrant. 

17 (B) The alien is in compliance with section 

18 6(a)(1)(C). 

19 (C) The alien has not abandoned the alien’s 

20 residence in the United States. For purposes of 

21 this subparagraph— 

22 (i) the Secretary shall presume that the 

23 alien has abandoned such residence if the 

24 alien is absent from the United States for 

25 more than 365 days, in the aggregate, dur-
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1 ing the period of conditional nonimmigrant 

2 status, unless the alien demonstrates that 

3 the alien has not abandoned the alien’s resi4 dence; and 

5 (ii) an alien who is absent from the 

6 United States due to active service in the 

7 Armed Forces has not abandoned the alien’s 

8 residence in the United States during the 

9 period of such service. 

10 (D) The alien— 

11 (i) has acquired a degree from an in12 stitution of higher education in the United 

13 States or has completed at least 2 years, in 

14 good standing, in a program for a bach15 elor’s degree or higher degree in the United 

16 States; or 

17 (ii) has served in the Armed Forces for 

18 at least 2 years and, if discharged, has re19 ceived an honorable discharge. 

20 (E) The alien has provided a list of each 

21 secondary school (as that term is defined in sec22 tion 9101 of the Elementary and Secondary 

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

24 the alien attended in the United States. 
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1 (2) SURCHARGE.—The Secretary of Homeland 

2 Security shall charge and collect a surcharge of 

3 $2,000 per application on all applications for an ex4 tension under this subsection. Such surcharge shall be 

5 in addition to the otherwise applicable application fee 

6 imposed for the purpose of recovering the full costs of 

7 providing adjudication and processing services. Not8 withstanding any other provision of law, including 

9 section 286 of the Immigration and Nationality Act 

10 (8 U.S.C. 1356), any surcharge collected under this 

11 paragraph shall be deposited as offsetting receipts in 

12 the General Fund of the Treasury and shall not be 

13 available for obligation or expenditure. 

14 (3) HARDSHIP EXCEPTION.—The Secretary of 

15 Homeland Security may, in the Secretary’s discre16 tion, extend the conditional nonimmigrant status of 

17 an alien if the alien— 

18 (A) satisfies the requirements of subpara19 graphs (A), (B), and (C) of paragraph (1); 

20 (B) demonstrates compelling circumstances 

21 for the inability to complete the requirements de22 scribed in paragraph (1)(D); and 

23 (C) demonstrates that the alien’s removal 

24 from the United States would result in excep25 tional and extremely unusual hardship to the 
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1 alien or the alien’s spouse, parent, or child who 

2 is a citizen or a lawful permanent resident of the 

3 United States. 

4 SEC. 8. ADJUSTMENT OF STATUS. 

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

6 file with the Secretary of Homeland Security, in accordance 

7 with subsection (c), an application to have the alien’s status 

8 adjusted to that of an alien lawfully admitted for perma9 nent residence. The application shall provide, under pen10 alty of perjury, the facts and information so that the Sec11 retary may make the determination described in subsection 

12 (b)(1). 

13 (b) ADJUDICATION OF APPLICATION FOR ADJUSTMENT

14 OF STATUS.— 

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

16 accordance with subsection (a) for an alien, the Sec17 retary of Homeland Security shall make a determina18 tion as to whether the alien meets the requirements set 

19 out in paragraphs (1) through (4) of subsection (d). 

20 (2) ADJUSTMENT OF STATUS IF FAVORABLE DE21 TERMINATION.—If the Secretary determines that the 

22 alien meets such requirements, the Secretary shall no23 tify the alien of such determination and adjust the 

24 alien’s status to that of an alien lawfully admitted for 
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1 permanent residence, effective as of the date of ap2 proval of the application. 

3 (3) TERMINATION IF ADVERSE DETERMINA4 TION.—If the Secretary determines that the alien does 

5 not meet such requirements, the Secretary shall notify 

6 the alien of such determination and terminate the 

7 conditional nonimmigrant status of the alien as of the 

8 date of the determination. 

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

10 an application for adjustment of status during the period 

11 beginning 1 year before and ending on either the date that 

12 is 10 years after the date of the initial grant of conditional 

13 nonimmigrant status or any other expiration date of the 

14 conditional nonimmigrant status as extended by the Sec15 retary of Homeland Security in accordance with this Act. 

16 The alien shall be deemed to be in conditional non17 immigrant status in the United States during the period 

18 in which such application is pending. 

19 (d) CONTENTS OF APPLICATION.—Each application 

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

21 to permit the Secretary of Homeland Security to determine 

22 whether each of the following requirements is met: 

23 (1) The alien has demonstrated good moral char24 acter during the entire period the alien has been a 

25 conditional nonimmigrant. 
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1 (2) The alien is in compliance with section 

2 6(a)(1)(C). 

3 (3) The alien has not abandoned the alien’s resi4 dence in the United States. For purposes of this para5 graph— 

6 (A) the Secretary shall presume that the 

7 alien has abandoned such residence if the alien 

8 is absent from the United States for more than 

9 730 days, in the aggregate, during the period of 

10 conditional nonimmigrant status, unless the 

11 alien demonstrates that the alien has not aban12 doned the alien’s residence; and 

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

14 States due to active service in the Armed Forces 

15 has not abandoned the alien’s residence in the 

16 United States during the period of such service. 

17 (4) If previously granted a hardship exception 

18 under section 7(d)(3) from the requirements of section 

19 7(d)(1)(D) with respect to extension of conditional 

20 nonimmigrant status, the alien has subsequently com21 plied with such requirements, unless the alien is 

22 granted a hardship exception with respect to adjust23 ment of status under the criteria described in section 

24 7(d)(3). 

25 (e) CITIZENSHIP REQUIREMENT.— 
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1 (1) IN GENERAL.—Except as provided in para2 graph (2), the status of a conditional nonimmigrant 

3 shall not be adjusted to permanent resident status un4 less the alien demonstrates that the alien satisfies the 

5 requirements of section 312(a) of the Immigration 

6 and Nationality Act (8 U.S.C. 1423(a)). 

7 (2) EXCEPTION.—Paragraph (1) shall not apply 

8 to an alien who is unable because of a physical or de9 velopmental disability or mental impairment to meet 

10 the requirements of such paragraph. 

11 (f) PAYMENT OF FEDERAL TAXES.— 

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

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

14 adjustment of status, the alien shall satisfy any ap15 plicable Federal tax liability due and owing on such 

16 date. 

17 (2) APPLICABLE FEDERAL TAX LIABILITY.—For 

18 purposes of paragraph (1), the term ‘‘applicable Fed19 eral tax liability’’ means liability for Federal taxes 

20 imposed under the Internal Revenue Code of 1986, in21 cluding any penalties and interest thereon. 

22 (g) SUBMISSION OF BIOMETRIC AND BIOGRAPHIC

23 DATA.—The Secretary of Homeland Security may not ad24 just the status of an alien under this section unless the alien 

25 submits biometric and biographic data, in accordance with 
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1 procedures established by the Secretary. The Secretary shall 

2 provide an alternative procedure for applicants who are un3 able to provide such biometric or biographic data because 

4 of a physical impairment. 

5 (h) BACKGROUND CHECKS.— 

6 (1) REQUIREMENT FOR BACKGROUND CHECKS.— 

7 The Secretary of Homeland Security shall utilize bio8 metric, biographic, and other data that the Secretary 

9 determines appropriate— 

10 (A) to conduct security and law enforcement 

11 background checks of an alien applying for ad12 justment of status under this section; and 

13 (B) to determine whether there is any 

14 criminal, national security, or other factor that 

15 would render the alien ineligible for such adjust16 ment of status. 

17 (2) COMPLETION OF BACKGROUND CHECKS.— 

18 The security and law enforcement background checks 

19 required by paragraph (1) shall be completed, to the 

20 satisfaction of the Secretary, prior to the date the Sec21 retary grants adjustment of status. 

22 (i) EXEMPTION FROM NUMERICAL LIMITATIONS.— 

23 Nothing in this section or in any other law may be con24 strued to apply a numerical limitation on the number of 
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1 aliens who may be eligible for adjustment of status under 

2 this section. 

3 (j) ELIGIBILITY FOR NATURALIZATION.—An alien 

4 whose status is adjusted under this section to that of an 

5 alien lawfully admitted for permanent residence may be 

6 naturalized upon compliance with all the requirements of 

7 the immigration laws except the provisions of paragraph 

8 (1) of section 316(a) of the Immigration and Nationality 

9 Act (8 U.S.C. 1427(a)), if such person immediately pre10 ceding the date of filing the application for naturalization 

11 has resided continuously, after being lawfully admitted for 

12 permanent residence, within the United States for at least 

13 3 years, and has been physically present in the United 

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

15 has resided within the State or the district of U.S. Citizen16 ship and Immigration Services in the United States in 

17 which the applicant filed the application for at least 3 

18 months. An alien described in this subsection may file the 

19 application for naturalization as provided in the second 

20 sentence of subsection (a) of section 334 of the Immigration 

21 and Nationality Act (8 U.S.C. 1445). 
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1 SEC. 9. TREATMENT OF ALIENS MEETING REQUIREMENTS 

2 FOR EXTENSION OF CONDITIONAL NON3 IMMIGRANT STATUS. 

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

5 has satisfied all the requirements of section 6(a)(1) and sec6 tion 7(d)(1)(D), the Secretary of Homeland Security may 

7 cancel removal and grant conditional nonimmigrant status 

8 in accordance with section 6, and may extend conditional 

9 nonimmigrant status in accordance with section 7(d). The 

10 alien may apply for adjustment of status in accordance 

11 with section 8(a) if the alien has met the requirements of 

12 subparagraphs (A), (B), and (C) of section 7(d)(1) during 

13 the entire period of conditional nonimmigrant status. 

14 SEC. 10. EXCLUSIVE JURISDICTION. 

15 (a) IN GENERAL.—The Secretary of Homeland Secu16 rity shall have exclusive jurisdiction to determine eligibility 

17 for relief under sections 6 through 16 of this Act, except 

18 where the alien has been placed into deportation, exclusion, 

19 or removal proceedings either prior to or after filing an ap20 plication for cancellation of removal and conditional non21 immigrant status or adjustment of status under this Act, 

22 in which case the Attorney General shall have exclusive ju23 risdiction and shall assume all the powers and duties of 

24 the Secretary until proceedings are terminated, or if a final 

25 order of deportation, exclusion, or removal is entered the 

26 Secretary shall resume all powers and duties delegated to 
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1 the Secretary under this Act. If the Secretary grants relief 

2 under sections 6 through 16 of this Act, the final order of 

3 deportation, exclusion, or removal shall be terminated. 

4 (b) STAY OF REMOVAL OF CERTAIN ALIENS ENROLLED

5 IN PRIMARY OR SECONDARY SCHOOL.— 

6 (1) IN GENERAL.—The Attorney General shall 

7 stay the removal proceedings of any alien who— 

8 (A) meets all the requirements of subpara9 graphs (A), (B), (C), and (E) of section 6(a)(1); 

10 (B) is at least 12 years of age; and 

11 (C) is enrolled full-time in a primary or 

12 secondary school. 

13 (2) ALIENS NOT IN REMOVAL PROCEEDINGS.— 

14 For aliens who are not in removal proceedings, the 

15 Secretary of Homeland Security shall not commence 

16 such proceedings with respect to the alien if the alien 

17 meets the requirements of subparagraphs (A) through 

18 (C) of paragraph (1). 

19 (c) EMPLOYMENT.—An alien whose removal is stayed 

20 pursuant to subsection (b)(1) may be engaged in employ21 ment in the United States consistent with the Fair Labor 

22 Standards Act (29 U.S.C. 201 et seq.) and State and local 

23 laws governing minimum age for employment. 

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

25 the stay granted pursuant to subsection (b)(1) if the alien— 
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1 (1) is no longer enrolled in a primary or sec2 ondary school; or 

3 (2) ceases to meet the requirements of such sub4 section. 

5 SEC. 11. PENALTIES FOR FALSE STATEMENTS. 

6 Whoever files an application for any benefit under sec7 tions 6 through 16 of this Act and willfully and knowingly 

8 falsifies, misrepresents, or conceals a material fact or makes 

9 any false or fraudulent statement or representation, or 

10 makes or uses any false writing or document knowing the 

11 same to contain any false or fraudulent statement or entry, 

12 shall be fined in accordance with title 18, United States 

13 Code, imprisoned not more than 5 years, or both. 

14 SEC. 12. CONFIDENTIALITY OF INFORMATION. 

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

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

17 (1) use the information furnished by an indi18 vidual pursuant to an application filed under sec19 tions 6 through 16 of this Act to initiate removal pro20 ceedings against any person identified in the applica21 tion; 

22 (2) make any publication whereby the informa23 tion furnished by any particular individual pursuant 

24 to an application under sections 6 through 16 of this 

25 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 or, in the 

3 case of an application filed under sections 6 through 

4 16 of this Act with a designated entity, that des5 ignated entity, to examine such application filed 

6 under such sections. 

7 (b) REQUIRED DISCLOSURE.—The Attorney General 

8 or the Secretary of Homeland Security shall provide the 

9 information furnished under sections 6 through 16 of this 

10 Act, and any other information derived from such furnished 

11 information, to— 

12 (1) a Federal, State, tribal, or local law enforce13 ment agency, intelligence agency, national security 

14 agency, component of the Department of Homeland 

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

16 criminal investigation or prosecution, a background 

17 check conducted pursuant to the Brady Handgun Vio18 lence Protection Act (Public Law 103–159; 107 Stat. 

19 1536) or an amendment made by that Act, or for 

20 homeland security or national security purposes, if 

21 such information is requested by such entity or con22 sistent with an information sharing agreement or 

23 mechanism; or 

24 (2) an official coroner for purposes of affirma25 tively identifying a deceased individual (whether or 
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1 not such individual is deceased as a result of a 

2 crime). 

3 (c) FRAUD IN APPLICATION PROCESS OR CRIMINAL

4 CONDUCT.—Notwithstanding any other provision of this 

5 section, information concerning whether an alien seeking 

6 relief under sections 6 through 16 of this Act has engaged 

7 in fraud in an application for such relief or at any time 

8 committed a crime may be used or released for immigration 

9 enforcement, law enforcement, or national security pur10 poses. 

11 (d) PENALTY.—Whoever knowingly uses, publishes, or 

12 permits information to be examined in violation of this sec13 tion shall be fined not more than $10,000. 

14 SEC. 13. HIGHER EDUCATION ASSISTANCE. 

15 Notwithstanding any provision of the Higher Edu16 cation Act of 1965 (20 U.S.C. 1001 et seq.), with respect 

17 to assistance provided under title IV of the Higher Edu18 cation Act of 1965 (20 U.S.C. 1070 et seq.), an alien who 

19 is granted conditional nonimmigrant status or lawful per20 manent resident status under this Act shall be eligible only 

21 for the following assistance under such title: 

22 (1) Student loans under parts D and E of such 

23 title IV (20 U.S.C. 1087a et seq., 1087aa et seq.), sub24 ject to the requirements of such parts. 
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1 (2) Federal work-study programs under part C 

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

3 requirements of such part. 

4 (3) Services under such title IV (20 U.S.C. 1070 

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

6 SEC. 14. TREATMENT OF CONDITIONAL NONIMMIGRANTS 

7 FOR CERTAIN PURPOSES. 

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

9 nonimmigrant status under this Act shall, while such indi10 vidual remains in such status, be considered lawfully 

11 present for all purposes except— 

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

13 1986 (concerning premium tax credits), as added by 

14 section 1401 of the Patient Protection and Affordable 

15 Care Act (Public Law 111–148); and 

16 (2) section 1402 of the Patient Protection and 

17 Affordable Care Act (concerning reduced cost sharing; 

18 42 U.S.C. 18071). 

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

20 WAITING PERIOD UNDER PRWORA.—An individual who 

21 has met the requirements under this Act for adjustment 

22 from conditional nonimmigrant status to lawful permanent 

23 resident status shall be considered, as of the date of such 

24 adjustment, to have completed the 5-year period specified 
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1 in section 403 of the Personal Responsibility and Work Op2 portunity Reconciliation Act of 1996 (8 U.S.C. 1613). 

3 SEC. 15. MILITARY ENLISTMENT. 

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

5 amended by adding at the end the following new subpara6 graph: 

7 ‘‘(D) An alien who is a conditional non8 immigrant (as that term is defined in section 5 of the 

9 DREAM Act of 2010).’’. 

10 SEC. 16. GAO REPORT. 

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

12 of this Act, the Comptroller General of the United States 

13 shall submit to the Committee on the Judiciary of the Sen14 ate and the Committee on the Judiciary of the House of 

15 Representatives a report setting forth— 

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

17 cancellation of removal and grant of conditional non18 immigrant status under section 6(a); 

19 (2) the number of aliens who applied for can20 cellation of removal and grant of conditional non21 immigrant status under section 6(a); 

22 (3) the number of aliens who were granted condi23 tional nonimmigrant status under section 6(a); and 
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1 (4) the number of aliens whose status was ad2 justed to that of an alien lawfully admitted for per3 manent residence under section 8. 

Attest: 

Clerk. 

111TH CONGRESS 

2D SESSION H.R. 5281 

HOUSE AMENDMENT TO 

SENATE AMENDMENT