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    Senior Member Dixie's Avatar
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    S.3992 Dream Act **Cloture Motion Filed**

    S.3992
    Title: Development, Relief, and Education for Alien Minors Act of 2010
    Sponsor: Sen Durbin, Richard [IL] (introduced 11/30/2010) Cosponsors (None)
    Latest Major Action: 12/1/2010 Read the second time. Placed on Senate Legislative Calendar under General Orders. Calendar No. 663.ALL ACTIONS:

    11/30/2010:
    Introduced in the Senate. Read the first time. Placed on Senate Legislative Calendar under Read the First Time. (text of measure as introduced: CR S8301-8304)
    12/1/2010:
    Read the second time. Placed on Senate Legislative Calendar under General Orders. Calendar No. 663.

    The text of S.3992 has not yet been received from GPO
    Bills are generally sent to the Library of Congress from the Government Printing Office a day or two after they are introduced on the floor of the House or Senate. Delays can occur when there are a large number of bills to prepare or when a very large bill has to be printed.
    Englishmen, who have no right in this kingdom of France, the King of Heaven sends you word and warning...depart into your own country... Joan of Arc.

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    http://thomas.loc.gov/cgi-bin/bdquery/D ... eData.php|

    SUMMARY:

    ***NONE***
    MAJOR ACTIONS:

    ***NONE***
    ALL ACTIONS:

    11/30/2010:
    Introduced in the Senate. Read the first time. Placed on Senate Legislative Calendar under Read the First Time. (text of measure as introduced: CR S8301-8304)
    12/1/2010:
    Read the second time. Placed on Senate Legislative Calendar under General Orders. Calendar No. 663.

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    Senior Member Dixie's Avatar
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    That's Obama's idea of transparency.

    Dixie
    Englishmen, who have no right in this kingdom of France, the King of Heaven sends you word and warning...depart into your own country... Joan of Arc.

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    Senior Member Dixie's Avatar
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    ON THE SENATE FLOOR
    Monday, December 6, 2010


    S. 3992 (Sen. Durbin): To authorize the cancellation of removal and adjustment of status of certain alien students who are long-term United States residents and who entered the United States as children and for other purposes.
    -- Motion to proceed to consideration of measure made in Senate.
    -- Cloture motion on the motion to proceed to the bill presented in Senate.
    -- Motion to proceed to consideration of measure withdrawn in Senate.
    Englishmen, who have no right in this kingdom of France, the King of Heaven sends you word and warning...depart into your own country... Joan of Arc.

  5. #5
    Senior Member Dixie's Avatar
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    Text

    S 3992 PCS

    Calendar No. 663

    111th CONGRESS

    2d Session

    S. 3992

    To authorize the cancellation of removal and adjustment of status of certain alien students who are long-term United States residents and who entered the United States as children and for other purposes.

    IN THE SENATE OF THE UNITED STATES

    November 30, 2010

    Mr. DURBIN (for himself and Mr. LEAHY) introduced the following bill; which was read the first time

    December 1, 2010

    Read the second time and placed on the calendar

    A BILL

    To authorize the cancellation of removal and adjustment of status of certain alien students who are long-term United States residents and who entered the United States as children and for other purposes.

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

    SECTION 1. SHORT TITLE.

    This Act may be cited as the `Development, Relief, and Education for Alien Minors Act of 2010' or the `DREAM Act of 2010'.

    SEC. 2. TABLE OF CONTENTS.

    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. Retroactive benefits.

    Sec. 8. Exclusive jurisdiction.

    Sec. 9. Penalties for false statements.

    Sec. 10. Confidentiality of information.

    Sec. 11. Higher education assistance.

    Sec. 12. Treatment of aliens with adjusted status for certain purposes.

    Sec. 13. Military enlistment.

    Sec. 14. GAO report.

    SEC. 3. DEFINITIONS.

    In this Act:

    (1) IN GENERAL- Except as otherwise specifically provided, a term used in this Act that is used in the immigration laws shall have the meaning given such term in the immigration laws.

    (2) ARMED FORCES- The term `Armed Forces' has the meaning given the term `armed forces' in section 101(a) of title 10, United States Code.

    (3) CONDITIONAL NONIMMIGRANT-

    (A) DEFINITION- The term `conditional nonimmigrant' means an alien who is granted conditional nonimmigrant status under this Act.

    (B) DESCRIPTION- A conditional nonimmigrant--

    (i) shall be considered to be an alien within a nonimmigrant class for purposes of the immigration laws;

    (ii) may have the intention permanently to reside in the United States; and

    (iii) is not required to have a foreign residence which the alien has no intention of abandoning.

    (4) IMMIGRATION LAWS- The term `immigration laws' has the meaning given such term in section 101(a)(17) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(17)).

    (5) INSTITUTION OF HIGHER EDUCATION- The term `institution of higher education' has the meaning given such term in section 102 of the Higher Education Act of 1965 (20 U.S.C. 1002), except that the term does not include an institution of higher education outside the United States.

    SEC. 4. CANCELLATION OF REMOVAL OF CERTAIN LONG-TERM RESIDENTS WHO ENTERED THE UNITED STATES AS CHILDREN.

    (a) Special Rule for Certain Long-term Residents Who Entered the United States as Children-

    (1) IN GENERAL- Notwithstanding any other provision of law and except as otherwise provided in this Act, the Secretary of Homeland Security may cancel removal of an alien who is inadmissible or deportable from the United States, and grant the alien conditional nonimmigrant status, if the alien demonstrates by a preponderance of the evidence that--

    (A) the alien has been physically present in the United States for a continuous period of not less than 5 years immediately preceding the date of the enactment of this Act and was younger than 16 years of age on the date the alien initially entered the United States;

    (B) the alien has been a person of good moral character since the date the alien initially entered the United States;

    (C) the alien--

    (i) is not inadmissible under paragraph (1), (2), (3), (4), (6)(E), (6)(G), (8), (10)(A), (10)(C), or (10)(D) of section 212(a) of the Immigration and Nationality Act (8 U.S.C. 1182(a));

    (ii) is not deportable under paragraph (1)(E), (1)(G), (2), (4), (5), or (6) of section 237(a) of the Immigration and Nationality Act (8 U.S.C. 1227(a));

    (iii) has not ordered, incited, assisted, or otherwise participated in the persecution of any person on account of race, religion, nationality, membership in a particular social group, or political opinion; and

    (iv) has not been convicted of--

    (I) any offense under Federal or State law punishable by a maximum term of imprisonment of more than 1 year; or

    (II) 3 or more offenses under Federal or State law, for which the alien was convicted on different dates for each of the 3 offenses and sentenced to imprisonment for an aggregate of 90 days or more;

    (D) the alien--

    (i) has been admitted to an institution of higher education in the United States; or

    (ii) has earned a high school diploma or obtained a general education development certificate in the United States;

    (E) the alien has never been under a final administrative or judicial order of exclusion, deportation, or removal, unless the alien--

    (i) has remained in the United States under color of law after such order was issued; or

    (ii) received the order before attaining the age of 16 years; and

    (F) the alien was younger than 30 years of age on the date of the enactment of this Act.

    (2) WAIVER- Notwithstanding paragraph (1), the Secretary of Homeland Security may waive the ground of ineligibility under paragraph (1), (4), or (6) of section 212(a) of the Immigration and Nationality Act and the ground of deportability under paragraph (1) of section 237(a) of that Act for humanitarian purposes or family unity or when it is otherwise in the public interest.

    (3) PROCEDURES- The Secretary of Homeland Security shall provide a procedure by regulation allowing eligible individuals to apply affirmatively for the relief available under this subsection without being placed in removal proceedings.

    (4) DEADLINE FOR SUBMISSION OF APPLICATION- An alien shall submit an application for cancellation of removal and conditional nonimmigrant status under this subsection no later than the date that is 1 year after the later of--

    (A) the date the alien was admitted to an institution of higher education in the United States;

    (B) the date the alien earned a high school diploma or obtained a general education development certificate in the United States; or

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

    (5) SUBMISSION OF BIOMETRIC AND BIOGRAPHIC DATA- The Secretary of Homeland Security may not cancel the removal of an alien or grant conditional nonimmigrant status to the alien under this subsection unless the alien submits biometric and biographic data, in accordance with procedures established by the Secretary. The Secretary shall provide an alternative procedure for applicants who are unable to provide such biometric or biographic data because of a physical impairment.

    (6) BACKGROUND CHECKS-

    (A) REQUIREMENT FOR BACKGROUND CHECKS- The Secretary of Homeland Security shall utilize biometric, biographic, and other data that the Secretary determines is appropriate--

    (i) to conduct security and law enforcement background checks of an alien seeking relief available under this subsection; and

    (ii) to determine whether there is any criminal, national security, or other factor that would render the alien ineligible for such relief.

    (B) COMPLETION OF BACKGROUND CHECKS- The security and law enforcement background checks required by subparagraph (A)(i) shall be completed, to the satisfaction of the Secretary, prior to the date the Secretary cancels the removal of the alien under this subsection.

    (7) MEDICAL EXAMINATION- An alien applying for relief available under this subsection shall undergo a medical observation and examination. The Secretary of Homeland Security, with the concurrence of the Secretary of Health and Human Services, shall prescribe policies and procedures for the nature, frequency, and timing of such observation and examination.

    (8) MILITARY SELECTIVE SERVICE- An alien applying for relief available under this subsection shall establish that the alien has registered under the Military Selective Service Act (50 U.S.C. App. 451 et seq.), if the alien is subject to such registration under that Act.

    (b) Termination of Continuous Period- For purposes of this section, any period of continuous residence or continuous physical presence in the United States of an alien who applies for cancellation of removal under subsection (a) shall not terminate when the alien is served a notice to appear under section 239(a) of the Immigration and Nationality Act (8 U.S.C. 1229(a)).

    (c) Treatment of Certain Breaks in Presence-

    (1) IN GENERAL- An alien shall be considered to have failed to maintain continuous physical presence in the United States under subsection (a) if the alien has departed from the United States for any period in excess of 90 days or for any periods in the aggregate exceeding 180 days.

    (2) EXTENSIONS FOR EXCEPTIONAL CIRCUMSTANCES- The Secretary of Homeland Security may extend the time periods described in paragraph (1) if the alien demonstrates that the failure to timely return to the United States was due to exceptional circumstances. The exceptional circumstances determined sufficient to justify an extension should be no less compelling than serious illness of the alien, or death or serious illness of a parent, grandparent, sibling, or child.

    (d) Exemption From Numerical Limitations- Nothing in this section may be construed to apply a numerical limitation to the number of aliens who may be eligible for cancellation of removal under subsection (a).

    (e) Regulations-

    (1) INITIAL PUBLICATION- Not later than 180 days after the date of the enactment of this Act, the Secretary of Homeland Security shall publish regulations implementing this section.

    (2) INTERIM REGULATIONS- Notwithstanding section 553 of title 5, United States Code, the regulations required by paragraph (1) shall be effective, on an interim basis, immediately upon publication but may be subject to change and revision after public notice and opportunity for a period of public comment.

    (3) FINAL REGULATIONS- Within a reasonable time after publication of the interim regulations in accordance with paragraph (1), the Secretary of Homeland Security shall publish final regulations implementing this section.

    (f) Removal of Alien- The Secretary of Homeland Security may not remove any alien who--

    (1) has a pending application for conditional nonimmigrant status under this Act; and

    (2) establishes prima facie eligibility for cancellation of removal and conditional nonimmigrant status under subsection (a).

    SEC. 5. CONDITIONAL NONIMMIGRANT STATUS.

    (a) Length of Status- Conditional nonimmigrant status granted under section 4 shall be valid for a period of 10 years, subject to termination under subsection (c) of this section.

    (b) Terms of Conditional Nonimmigrant Status-

    (1) EMPLOYMENT- A conditional nonimmigrant shall be authorized to be employed in the United States incident to conditional nonimmigrant status.

    (2) TRAVEL- A conditional nonimmigrant may travel outside the United States and may be admitted (if otherwise admissible) upon return to the United States without having to obtain a visa if--

    (A) the alien is the bearer of valid, unexpired documentary evidence of conditional nonimmigrant status; and

    (B) the alien's absence from the United States was not for a period exceeding 180 days.

    (c) Termination of Status-

    (1) IN GENERAL- The Secretary of Homeland Security shall terminate the conditional nonimmigrant status of any alien if the Secretary determines that the alien--

    (A) ceases to meet the requirements of subparagraph (B) or (C) of section 4(a)(1);

    (B) has become a public charge; or

    (C) has received a dishonorable or other than honorable discharge from the Armed Forces.

    (2) RETURN TO PREVIOUS IMMIGRATION STATUS- Any alien whose conditional nonimmigrant status is terminated under paragraph (1) shall return to the immigration status the alien had immediately prior to receiving conditional nonimmigrant status.

    SEC. 6. ADJUSTMENT OF STATUS.

    (a) In General- A conditional nonimmigrant may file with the Secretary of Homeland Security, in accordance with subsection (c), an application to have the alien's status adjusted to that of an alien lawfully admitted for permanent residence. The application shall provide, under penalty of perjury, the facts and information so that the Secretary may make the determination described in paragraph (b)(1).

    (b) Adjudication of Application for Adjustment of Status-

    (1) IN GENERAL- If an application is filed in accordance with subsection (a) for an alien, the Secretary of Homeland Security shall make a determination as to whether the alien meets the requirements set out in subparagraphs (A) through (E) of subsection (d)(1).

    (2) ADJUSTMENT OF STATUS IF FAVORABLE DETERMINATION- If the Secretary determines that the alien meets such requirements, the Secretary shall notify the alien of such determination and adjust the alien's status to that of an alien lawfully admitted for permanent residence, effective as of the date of approval of the application.

    (3) TERMINATION IF ADVERSE DETERMINATION- If the Secretary determines that the alien does not meet such requirements, the Secretary shall notify the alien of such determination and terminate the conditional nonimmigrant status of the alien as of the date of the determination.

    (c) Time to File Application- An alien shall file an application for adjustment of status during the period beginning 1 year before and ending on either the date that is 10 years after the date of the granting of conditional nonimmigrant status or any other expiration date of the conditional nonimmigrant status as extended by the Secretary of Homeland Security in accordance with this Act. The alien shall be deemed to be in conditional nonimmigrant status in the United States during the period in which such application is pending.

    (d) Details of Application-

    (1) CONTENTS OF APPLICATION- Each application for an alien under subsection (a) shall contain information to permit the Secretary of Homeland Security to determine whether each of the following requirements is met:

    (A) The alien has demonstrated good moral character during the entire period the alien has been a conditional nonimmigrant.

    (B) The alien is in compliance with section 4(a)(1)(C).

    (C) The alien has not abandoned the alien's residence in the United States. The Secretary shall presume that the alien has abandoned such residence if the alien is absent from the United States for more than 365 days, in the aggregate, during the period of conditional nonimmigrant status, unless the alien demonstrates that the alien has not abandoned the alien's residence. An alien who is absent from the United States due to active service in the Armed Forces has not abandoned the alien's residence in the United States during the period of such service.

    (D) The alien has completed at least 1 of the following:

    (i) The alien has acquired a degree from an institution of higher education in the United States or has completed at least 2 years, in good standing, in a program for a bachelor's degree or higher degree in the United States.

    (ii) The alien has served in the Armed Forces for at least 2 years and, if discharged, has received an honorable discharge.

    (E) The alien has provided a list of each secondary school (as that term is defined in section 9101 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7801)) that the alien attended in the United States.

    (2) HARDSHIP EXCEPTION-

    (A) IN GENERAL- The Secretary of Homeland Security may, in the Secretary's discretion, adjust the status of an alien if the alien--

    (i) satisfies the requirements of subparagraphs (A), (B), and (C) of paragraph (1);

    (ii) demonstrates compelling circumstances for the inability to complete the requirements described in paragraph (1)(D); and

    (iii) demonstrates that the alien's removal from the United States would result in exceptional and extremely unusual hardship to the alien or the alien's spouse, parent, or child who is a citizen or a lawful permanent resident of the United States.

    (B) EXTENSION- Upon a showing of good cause, the Secretary of Homeland Security may extend the period of conditional nonimmigrant status for the purpose of completing the requirements described in paragraph (1)(D).

    (e) Citizenship Requirement-

    (1) IN GENERAL- Except as provided in paragraph (2), the status of a conditional nonimmigrant shall not be adjusted to permanent resident status unless the alien demonstrates that the alien satisfies the requirements of section 312(a) of the Immigration and Nationality Act (8 U.S.C. 312(a)).

    (2) EXCEPTION- Paragraph (1) shall not apply to an alien who is unable because of a physical or developmental disability or mental impairment to meet the requirements of such paragraph.

    (f) Payment of Federal Taxes-

    (1) IN GENERAL- Not later than the date on which an application is filed under subsection (a) for adjustment of status, the alien shall satisfy any applicable Federal tax liability due and owing on such date.

    (2) APPLICABLE FEDERAL TAX LIABILITY- For purposes of paragraph (1), the term `applicable Federal tax liability' means liability for Federal taxes imposed under the Internal Revenue Code of 1986, including any penalties and interest thereon.

    (g) Submission of Biometric and Biographic Data- The Secretary of Homeland Security may not adjust the status of an alien under this section unless the alien submits biometric and biographic data, in accordance with procedures established by the Secretary. The Secretary shall provide an alternative procedure for applicants who are unable to provide such biometric or biographic data because of a physical impairment.

    (h) Background Checks-

    (1) REQUIREMENT FOR BACKGROUND CHECKS- The Secretary of Homeland Security shall utilize biometric, biographic, and other data that the Secretary determines appropriate--

    (A) to conduct security and law enforcement background checks of an alien applying for adjustment of status under this section; and

    (B) to determine whether there is any criminal, national security, or other factor that would render the alien ineligible for such adjustment of status.

    (2) COMPLETION OF BACKGROUND CHECKS- The security and law enforcement background checks required by paragraph (1)(A) shall be completed, to the satisfaction of the Secretary, prior to the date the Secretary grants adjustment of status.

    (i) Exemption From Numerical Limitations- Nothing in this section or in any other law may be construed to apply a numerical limitation on the number of aliens who may be eligible for adjustment of status under this section.

    (j) Conditional Nonimmigrants Otherwise Eligible for Adjustment- Nothing in this section may be construed to limit the eligibility of a conditional nonimmigrant for adjustment of status, issuance of an immigrant visa, or admission as a lawful permanent resident alien at any time, if the conditional nonimmigrant is otherwise eligible for such benefit under the immigration laws.

    (k) Eligibility for Naturalization- An alien whose status is adjusted under this section to that of an alien lawfully admitted for permanent residence may be naturalized upon compliance with all the requirements of the immigration laws except the provisions of paragraph (1) of section 316(a) of the Immigration and Nationality Act (8 U.S.C. 1427(a)), if such person immediately preceding the date of filing the application for naturalization has resided continuously, after being lawfully admitted for permanent residence, within the United States for at least 3 years, and has been physically present in the United States for periods totaling at least half of that time and has resided within the State or the district of U.S. Citizenship and Immigration Services in the United States in which the applicant filed the application for at least 3 months. An alien described in this subsection may file the application for naturalization as provided in the second sentence of subsection (a) of section 344 of the Immigration and Nationality Act (8 U.S.C. 1445).

    SEC. 7. RETROACTIVE BENEFITS.

    If, on the date of the enactment of this Act, an alien has satisfied all the requirements of section 4(a)(1) and section 6(d)(1)(D), the Secretary of Homeland Security may cancel removal and grant conditional nonimmigrant status in accordance with section 4. The alien may apply for adjustment of status in accordance with section 6(a) if the alien has met the requirements of subparagraphs (A), (B), and (C) of section 6(d)(1) during the entire period of conditional nonimmigrant status.

    SEC. 8. EXCLUSIVE JURISDICTION.

    (a) In General- The Secretary of Homeland Security shall have exclusive jurisdiction to determine eligibility for relief under this Act, except where the alien has been placed into deportation, exclusion, or removal proceedings either prior to or after filing an application for cancellation of removal and conditional nonimmigrant status or adjustment of status under this Act, in which case the Attorney General shall have exclusive jurisdiction and shall assume all the powers and duties of the Secretary until proceedings are terminated, or if a final order of deportation, exclusion, or removal is entered the Secretary shall resume all powers and duties delegated to the Secretary under this Act.

    (b) Stay of Removal of Certain Aliens Enrolled in Primary or Secondary School- The Attorney General shall stay the removal proceedings of any alien who--

    (1) meets all the requirements of subparagraphs (A), (B), (C), and (E) of section 4(a)(1);

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

    (3) is enrolled full time in a primary or secondary school.

    (c) Employment- An alien whose removal is stayed pursuant to subsection (b) may be engaged in employment in the United States consistent with the Fair Labor Standards Act (29 U.S.C. 201 et seq.) and State and local laws governing minimum age for employment.

    (d) Lift of Stay- The Attorney General shall lift the stay granted pursuant to subsection (b) if the alien--

    (1) is no longer enrolled in a primary or secondary school; or

    (2) ceases to meet the requirements of subsection (b)(1).

    SEC. 9. PENALTIES FOR FALSE STATEMENTS.

    Whoever files an application for any benefit under this Act and willfully and knowingly falsifies, misrepresents, or conceals a material fact or makes any false or fraudulent statement or representation, or makes or uses any false writing or document knowing the same to contain any false or fraudulent statement or entry, shall be fined in accordance with title 18, United States Code, imprisoned not more than 5 years, or both.

    SEC. 10. CONFIDENTIALITY OF INFORMATION.

    (a) Prohibition- Except as provided in subsection (b), no officer or employee of the United States may--

    (1) use the information furnished by an individual pursuant to an application filed under this Act to initiate removal proceedings against any person identified in the application;

    (2) make any publication whereby the information furnished by any particular individual pursuant to an application under this Act can be identified; or

    (3) permit anyone other than an officer or employee of the United States Government or, in the case of an application filed under this Act with a designated entity, that designated entity, to examine such application filed under this Act.

    (b) Required Disclosure- The Attorney General or the Secretary of Homeland Security shall provide the information furnished under this Act, and any other information derived from such furnished information, to--

    (1) a Federal, State, tribal, or local law enforcement agency, intelligence agency, national security agency, component of the Department of Homeland Security, court, or grand jury in connection with a criminal investigation or prosecution, a background check conducted pursuant to the Brady Handgun Violence Protection Act (Public Law 103-159; 107 Stat. 1536) or an amendment made by that Act, or for homeland security or national security purposes, if such information is requested by such entity or consistent with an information sharing agreement or mechanism; or

    (2) an official coroner for purposes of affirmatively identifying a deceased individual (whether or not such individual is deceased as a result of a crime).

    (c) Fraud in Application Process or Criminal Conduct- Notwithstanding any other provision of this section, information concerning whether an alien seeking relief under this Act has engaged in fraud in an application for such relief or at any time committed a crime may be used or released for immigration enforcement, law enforcement, or national security purposes.

    (d) Penalty- Whoever knowingly uses, publishes, or permits information to be examined in violation of this section shall be fined not more than $10,000.

    SEC. 11. HIGHER EDUCATION ASSISTANCE.

    Notwithstanding any provision of the Higher Education Act of 1965 (20 U.S.C. 1001 et seq.), with respect to assistance provided under title IV of the Higher Education Act of 1965 (20 U.S.C. 1070 et seq.), an alien who is granted conditional nonimmigrant status or lawful permanent resident status under this Act shall be eligible only for the following assistance under such title:

    (1) Student loans under parts B, D, and E of such title IV (20 U.S.C. 1071 et seq., 1087a et seq., 1087aa et seq.), subject to the requirements of such parts.

    (2) Federal work-study programs under part C of such title IV (42 U.S.C. 2751 et seq.), subject to the requirements of such part.

    (3) Services under such title IV (20 U.S.C. 1070 et seq.), subject to the requirements for such services.

    SEC. 12. TREATMENT OF ALIENS WITH ADJUSTED STATUS FOR CERTAIN PURPOSES.

    (a) In General- An individual granted conditional nonimmigrant status under this Act shall, while such individual remains in such status, be considered lawfully present for all purposes except--

    (1) section 36B of the Internal Revenue Code of 1986 (concerning premium tax credits), as added by section 1401 of the Patient Protection and Affordable Care Act (Public Law 111-148); and

    (2) section 1402 of the Patient Protection and Affordable Care Act (concerning reduced cost sharing; 42 U.S.C. 18071).

    (b) For Purposes of the 5-year Eligibility Waiting Period Under PRWORA- An individual who has met the requirements under this Act for adjustment from conditional nonimmigrant status to lawful permanent resident status shall be considered, as of the date of such adjustment, to have completed the 5-year period specified in section 403 of the Personal Responsibility and Work Opportunity Reconciliation Act of 1996 (8 U.S.C. 1613).

    SEC. 13. MILITARY ENLISTMENT.

    Section 504(b)(1) of title 10, United States Code, is amended by adding at the end the following new subparagraph:

    `(D) An alien who is a conditional nonimmigrant (as that term is defined in section 3 of the DREAM Act of 2010).'.

    SEC. 14. GAO REPORT.

    Not later than 7 years after the date of the enactment of this Act, the Comptroller General of the United States shall submit to the Committee on the Judiciary of the Senate and the Committee on the Judiciary of the House of Representatives a report setting forth--

    (1) the number of aliens who were eligible for cancellation of removal and grant of conditional nonimmigrant status under section 4(a);

    (2) the number of aliens who applied for cancellation of removal and grant of conditional nonimmigrant status under section 4(a);

    (3) the number of aliens who were granted conditional nonimmigrant status under section 4(a); and

    (4) the number of aliens whose status was adjusted to that of an alien lawfully admitted for permanent residence under section 6.

    Calendar No. 663

    111th CONGRESS

    2d Session

    S. 3992

    A BILL

    To authorize the cancellation of removal and adjustment of status of certain alien students who are long-term United States residents and who entered the United States as children and for other purposes.

    December 1, 2010


    Read the second time and placed on the calendar

    END

    PDF
    http://frwebgate.access.gpo.gov/cgi-bin ... cs.txt.pdf
    Englishmen, who have no right in this kingdom of France, the King of Heaven sends you word and warning...depart into your own country... Joan of Arc.

  6. #6
    Senior Member Dixie's Avatar
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    Bill Tabled



    XML U.S. Senate Roll Call Votes 111th Congress - 2nd Session

    as compiled through Senate LIS by the Senate Bill Clerk under the direction of the Secretary of the Senate

    Vote Summary

    Question: On the Motion to Table (Motion to Table the Motion to Proceed to S. 3992 )
    Vote Number: 268 Vote Date: December 9, 2010, 11:22 AM
    Required For Majority: 1/2 Vote Result: Motion to Table Agreed to
    Measure Number: S. 3992 (DREAM Act of 2010 )
    Measure Title: A bill to authorize the cancellation of removal and adjustment of status of certain alien students who are long-term United States residents and who entered the United States as children and for other purposes.
    Vote Counts: YEAs 59
    NAYs 40
    Not Voting 1
    Vote Summary By Senator Name By Vote Position By Home State

    Alphabetical by Senator Name
    Akaka (D-HI), Yea
    Alexander (R-TN), Nay
    Barrasso (R-WY), Nay
    Baucus (D-MT), Yea
    Bayh (D-IN), Yea
    Begich (D-AK), Yea
    Bennet (D-CO), Yea
    Bennett (R-UT), Nay
    Bingaman (D-NM), Yea
    Bond (R-MO), Nay
    Boxer (D-CA), Yea
    Brown (D-OH), Yea
    Brown (R-MA), Nay
    Brownback (R-KS), Not Voting
    Bunning (R-KY), Nay
    Burr (R-NC), Nay
    Cantwell (D-WA), Yea
    Cardin (D-MD), Yea
    Carper (D-DE), Yea
    Casey (D-PA), Yea
    Chambliss (R-GA), Nay
    Coburn (R-OK), Nay
    Cochran (R-MS), Nay
    Collins (R-ME), Nay
    Conrad (D-ND), Yea
    Coons (D-DE), Yea
    Corker (R-TN), Yea
    Cornyn (R-TX), Nay
    Crapo (R-ID), Yea
    DeMint (R-SC), Nay
    Dodd (D-CT), Yea
    Dorgan (D-ND), Yea
    Durbin (D-IL), Yea
    Ensign (R-NV), Nay
    Enzi (R-WY), Nay
    Feingold (D-WI), Nay
    Feinstein (D-CA), Yea
    Franken (D-MN), Yea
    Gillibrand (D-NY), Yea
    Graham (R-SC), Nay
    Grassley (R-IA), Nay
    Gregg (R-NH), Nay
    Hagan (D-NC), Yea
    Harkin (D-IA), Yea
    Hatch (R-UT), Nay
    Hutchison (R-TX), Nay
    Inhofe (R-OK), Nay
    Inouye (D-HI), Yea
    Isakson (R-GA), Nay
    Johanns (R-NE), Nay
    Johnson (D-SD), Yea
    Kerry (D-MA), Yea
    Kirk (R-IL), Nay
    Klobuchar (D-MN), Yea
    Kohl (D-WI), Yea
    Kyl (R-AZ), Nay
    Landrieu (D-LA), Yea
    Lautenberg (D-NJ), Yea
    Leahy (D-VT), Yea
    LeMieux (R-FL), Nay
    Levin (D-MI), Yea
    Lieberman (ID-CT), Yea
    Lincoln (D-AR), Yea
    Lugar (R-IN), Nay
    Manchin (D-WV), Yea
    McCain (R-AZ), Nay
    McCaskill (D-MO), Yea
    McConnell (R-KY), Nay
    Menendez (D-NJ), Nay
    Merkley (D-OR), Nay
    Mikulski (D-MD), Yea
    Murkowski (R-AK), Yea
    Murray (D-WA), Yea
    Nelson (D-FL), Yea
    Nelson (D-NE), Yea
    Pryor (D-AR), Nay
    Reed (D-RI), Yea
    Reid (D-NV), Yea
    Risch (R-ID), Yea
    Roberts (R-KS), Nay
    Rockefeller (D-WV), Yea
    Sanders (I-VT), Yea
    Schumer (D-NY), Yea
    Sessions (R-AL), Nay
    Shaheen (D-NH), Yea
    Shelby (R-AL), Nay
    Snowe (R-ME), Nay
    Specter (D-PA), Yea
    Stabenow (D-MI), Yea
    Tester (D-MT), Yea
    Thune (R-SD), Nay
    Udall (D-CO), Yea
    Udall (D-NM), Yea
    Vitter (R-LA), Yea
    Voinovich (R-OH), Nay
    Warner (D-VA), Yea
    Webb (D-VA), Yea
    Whitehouse (D-RI), Yea
    Wicker (R-MS), Nay
    Wyden (D-OR), Yea
    Vote Summary By Senator Name By Vote Position By Home State

    Grouped By Vote Position
    YEAs ---59
    Akaka (D-HI)
    Baucus (D-MT)
    Bayh (D-IN)
    Begich (D-AK)
    Bennet (D-CO)
    Bingaman (D-NM)
    Boxer (D-CA)
    Brown (D-OH)
    Cantwell (D-WA)
    Cardin (D-MD)
    Carper (D-DE)
    Casey (D-PA)
    Conrad (D-ND)
    Coons (D-DE)
    Corker (R-TN)
    Crapo (R-ID)
    Dodd (D-CT)
    Dorgan (D-ND)
    Durbin (D-IL)
    Feinstein (D-CA)
    Franken (D-MN)
    Gillibrand (D-NY)
    Hagan (D-NC)
    Harkin (D-IA)
    Inouye (D-HI)
    Johnson (D-SD)
    Kerry (D-MA)
    Klobuchar (D-MN)
    Kohl (D-WI)
    Landrieu (D-LA)
    Lautenberg (D-NJ)
    Leahy (D-VT)
    Levin (D-MI)
    Lieberman (ID-CT)
    Lincoln (D-AR)
    Manchin (D-WV)
    McCaskill (D-MO)
    Mikulski (D-MD)
    Murkowski (R-AK)
    Murray (D-WA)
    Nelson (D-FL)
    Nelson (D-NE)
    Reed (D-RI)
    Reid (D-NV)
    Risch (R-ID)
    Rockefeller (D-WV)
    Sanders (I-VT)
    Schumer (D-NY)
    Shaheen (D-NH)
    Specter (D-PA)
    Stabenow (D-MI)
    Tester (D-MT)
    Udall (D-CO)
    Udall (D-NM)
    Vitter (R-LA)
    Warner (D-VA)
    Webb (D-VA)
    Whitehouse (D-RI)
    Wyden (D-OR)
    NAYs ---40
    Alexander (R-TN)
    Barrasso (R-WY)
    Bennett (R-UT)
    Bond (R-MO)
    Brown (R-MA)
    Bunning (R-KY)
    Burr (R-NC)
    Chambliss (R-GA)
    Coburn (R-OK)
    Cochran (R-MS)
    Collins (R-ME)
    Cornyn (R-TX)
    DeMint (R-SC)
    Ensign (R-NV)
    Enzi (R-WY)
    Feingold (D-WI)
    Graham (R-SC)
    Grassley (R-IA)
    Gregg (R-NH)
    Hatch (R-UT)
    Hutchison (R-TX)
    Inhofe (R-OK)
    Isakson (R-GA)
    Johanns (R-NE)
    Kirk (R-IL)
    Kyl (R-AZ)
    LeMieux (R-FL)
    Lugar (R-IN)
    McCain (R-AZ)
    McConnell (R-KY)
    Menendez (D-NJ)
    Merkley (D-OR)
    Pryor (D-AR)
    Roberts (R-KS)
    Sessions (R-AL)
    Shelby (R-AL)
    Snowe (R-ME)
    Thune (R-SD)
    Voinovich (R-OH)
    Wicker (R-MS)
    Not Voting - 1
    Brownback (R-KS)

    Vote Summary By Senator Name By Vote Position By Home State

    Grouped by Home State
    Alabama: Sessions (R-AL), Nay Shelby (R-AL), Nay
    Alaska: Begich (D-AK), Yea Murkowski (R-AK), Yea
    Arizona: Kyl (R-AZ), Nay McCain (R-AZ), Nay
    Arkansas: Lincoln (D-AR), Yea Pryor (D-AR), Nay
    California: Boxer (D-CA), Yea Feinstein (D-CA), Yea
    Colorado: Bennet (D-CO), Yea Udall (D-CO), Yea
    Connecticut: Dodd (D-CT), Yea Lieberman (ID-CT), Yea
    Delaware: Carper (D-DE), Yea Coons (D-DE), Yea
    Florida: LeMieux (R-FL), Nay Nelson (D-FL), Yea
    Georgia: Chambliss (R-GA), Nay Isakson (R-GA), Nay
    Hawaii: Akaka (D-HI), Yea Inouye (D-HI), Yea
    Idaho: Crapo (R-ID), Yea Risch (R-ID), Yea
    Illinois: Durbin (D-IL), Yea Kirk (R-IL), Nay
    Indiana: Bayh (D-IN), Yea Lugar (R-IN), Nay
    Iowa: Grassley (R-IA), Nay Harkin (D-IA), Yea
    Kansas: Brownback (R-KS), Not Voting Roberts (R-KS), Nay
    Kentucky: Bunning (R-KY), Nay McConnell (R-KY), Nay
    Louisiana: Landrieu (D-LA), Yea Vitter (R-LA), Yea
    Maine: Collins (R-ME), Nay Snowe (R-ME), Nay
    Maryland: Cardin (D-MD), Yea Mikulski (D-MD), Yea
    Massachusetts: Brown (R-MA), Nay Kerry (D-MA), Yea
    Michigan: Levin (D-MI), Yea Stabenow (D-MI), Yea
    Minnesota: Franken (D-MN), Yea Klobuchar (D-MN), Yea
    Mississippi: Cochran (R-MS), Nay Wicker (R-MS), Nay
    Missouri: Bond (R-MO), Nay McCaskill (D-MO), Yea
    Montana: Baucus (D-MT), Yea Tester (D-MT), Yea
    Nebraska: Johanns (R-NE), Nay Nelson (D-NE), Yea
    Nevada: Ensign (R-NV), Nay Reid (D-NV), Yea
    New Hampshire: Gregg (R-NH), Nay Shaheen (D-NH), Yea
    New Jersey: Lautenberg (D-NJ), Yea Menendez (D-NJ), Nay
    New Mexico: Bingaman (D-NM), Yea Udall (D-NM), Yea
    New York: Gillibrand (D-NY), Yea Schumer (D-NY), Yea
    North Carolina: Burr (R-NC), Nay Hagan (D-NC), Yea
    North Dakota: Conrad (D-ND), Yea Dorgan (D-ND), Yea
    Ohio: Brown (D-OH), Yea Voinovich (R-OH), Nay
    Oklahoma: Coburn (R-OK), Nay Inhofe (R-OK), Nay
    Oregon: Merkley (D-OR), Nay Wyden (D-OR), Yea
    Pennsylvania: Casey (D-PA), Yea Specter (D-PA), Yea
    Rhode Island: Reed (D-RI), Yea Whitehouse (D-RI), Yea
    South Carolina: DeMint (R-SC), Nay Graham (R-SC), Nay
    South Dakota: Johnson (D-SD), Yea Thune (R-SD), Nay
    Tennessee: Alexander (R-TN), Nay Corker (R-TN), Yea
    Texas: Cornyn (R-TX), Nay Hutchison (R-TX), Nay
    Utah: Bennett (R-UT), Nay Hatch (R-UT), Nay
    Vermont: Leahy (D-VT), Yea Sanders (I-VT), Yea
    Virginia: Warner (D-VA), Yea Webb (D-VA), Yea
    Washington: Cantwell (D-WA), Yea Murray (D-WA), Yea
    West Virginia: Manchin (D-WV), Yea Rockefeller (D-WV), Yea
    Wisconsin: Feingold (D-WI), Nay Kohl (D-WI), Yea
    Wyoming: Barrasso (R-WY), Nay Enzi (R-WY), Nay
    Englishmen, who have no right in this kingdom of France, the King of Heaven sends you word and warning...depart into your own country... Joan of Arc.

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