; or (B) any periods exceeding 180 days, in the aggregate, during a 5-year period. (2) Extensions for exceptional circumstances The Secretary may extend the periods described in paragraph (1) by 90 days 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 not less compelling than the serious illness of the alien, or the death or serious illness of the alien’s parent, grandparent, sibling, or child. (3) Exception for military service Any time spent outside of the United States that is due to the alien’s active service in the Armed Forces of the United States shall not be counted towards the time limits set forth in paragraph (1). (d) Rulemaking (1) Initial publication Not later than 180 days after the date of the enactment of this Act, the Secretary shall publish regulations implementing this section. (2) Interim regulations Notwithstanding section 553 of title 5, United States Code, the regulations required under 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 under paragraph (1), the Secretary shall publish final regulations implementing this section. (e) Removal of alien The Secretary may not seek to remove an alien who establishes prima facie eligibility for cancellation of removal and conditional permanent resident status under this Act until the alien has been provided with a reasonable opportunity to file an application for conditional permanent resident status under this Act. 4. Conditional permanent resident status (a) Initial length of status Conditional permanent resident status granted to an alien under this Act shall be valid— (1) for an initial period of 5 years, subject to termination under subsection (c), if