[108th Congress Public Law 449]
[From the U.S. Government Printing Office]
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[DOCID: f:publ449.108]
[[Page 118 STAT. 3469]]
Public Law 108-449
108th Congress
An Act
To amend and extend the Irish Peace Process Cultural and Training
Program Act of 1998. <<NOTE: Dec. 10, 2004 - [H.R. 2655]>>
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. AMENDMENT AND EXTENSION OF IRISH PEACE PROCESS CULTURAL AND
TRAINING PROGRAM.
(a) Irish Peace Process Cultural and Training Program Act.--
(1) Program participant requirements.--Section 2(a) of the
Irish Peace Process Cultural and Training Program Act of 1998 (8
U.S.C. 1101 note) is amended by adding at the end the following:
``(5) Program participant requirements.--An alien entering
the United States as a participant in the program shall satisfy
the following requirements:
``(A) The alien shall be a citizen of the United
Kingdom or the Republic of Ireland.
``(B) The alien shall be between 21 and 35 years of
age on the date of departure for the United States.
``(C) The alien shall have resided continuously in a
designated county for not less than 18 months before
such date.
``(D) The alien shall have been continuously
unemployed for not less than 12 months before such date.
``(E) The alien may not have a degree from an
institution of higher education.''.
(2) Extension of program.--Section 2 of the Irish Peace
Process Cultural and Training Program Act of 1998 (8 U.S.C. 1101
note) is amended--
(A) in subsection (a)(3), by striking ``the third
program year and for the 4 subsequent years,'' and
inserting ``each program year,''; and
(B) <<NOTE: 8 USC 1101.>> by amending subsection (d)
to read as follows:
``(d) <<NOTE: Effective dates.>> Sunset.--
``(1) Effective October 1, 2008, the Irish Peace Process
Cultural and Training Program Act of 1998 is repealed.
``(2) Effective October 1, 2008, section 101(a)(15)(Q) of
the Immigration and Nationality Act (8 U.S.C. 1101(a)(15)(Q)) is
amended--
``(A) by striking `or' at the end of clause (i);
``(B) by striking `(i)' after `(Q)'; and
``(C) by striking clause (ii).''.
[[Page 118 STAT. 3470]]
(3) Cost-sharing.--Section 2 of the Irish Peace Process
Cultural and Training Program Act of 1998 (8 U.S.C. 1101 note),
as amended by paragraph (2), is further amended--
(A) by redesignating subsections (c) and
(d) <<NOTE: 8 USC 1101.>> as subsections (d) and (e),
respectively; and
(B) by inserting after subsection (b), the following
new subsection:
``(c) <<NOTE: Verification.>> Cost-sharing.--The Secretary of State
shall verify that the United Kingdom and the Republic of Ireland
continue to pay a reasonable share of the costs of the administration of
the cultural and training programs carried out pursuant to this Act.''.
(4) Technical amendments.--The Irish Peace Process Cultural
and Training Program Act of 1998 (8 U.S.C. 1101 note) is
amended--
(A) by striking ``Attorney General'' each place such
term appears and inserting ``Secretary of Homeland
Security''; and
(B) by striking ``Immigration and Naturalization
Service'' each place such term appears and inserting
``Department of Homeland Security''.
(b) Immigration and Nationality Act.--
(1) Requirements for nonimmigrant status.--Section
101(a)(15)(Q) of the Immigration and Nationality Act (8 U.S.C.
1101(a)(15)(Q)) is amended--
(A) by striking ``Attorney General'' each place such
term appears and inserting ``Secretary of Homeland
Security''; and
(B) in clause (ii)(I)--
(i) by striking ``35 years of age or younger
having a residence'' and inserting ``citizen of
the United Kingdom or the Republic of Ireland, 21
to 35 years of age, unemployed for not less than
12 months, and having a residence for not less
than 18 months''; and
(ii) by striking ``36 months)'' and inserting
``24 months)''.
(2) Foreign residence requirement.--Section 212 of the
Immigration and Nationality Act (8 U.S.C. 1182) is amended--
(A) by redesignating the subsection (p) as added by
section 1505(f) of Public Law 106-386 (114 Stat. 1526)
as subsection (s); and
(B) by adding at the end the following:
``(t)(1) Except as provided in paragraph (2), no person admitted
under section 101(a)(15)(Q)(ii)(I), or acquiring such status after
admission, shall be eligible to apply for nonimmigrant status, an
immigrant visa, or permanent residence under this Act until it is
established that such person has resided and been physically present in
the person's country of nationality or last residence for an aggregate
of at least 2 years following departure from the United States.
``(2) The Secretary of Homeland Security may waive the requirement
of such 2-year foreign residence abroad if the Secretary determines
that--
``(A) departure from the United States would impose
exceptional hardship upon the alien's spouse or child (if such
spouse or child is a citizen of the United States or an alien
lawfully admitted for permanent residence); or
[[Page 118 STAT. 3471]]
``(B) the admission of the alien is in the public interest
or the national interest of the United States.''.
Approved December 10, 2004.
LEGISLATIVE HISTORY--H.R. 2655:
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HOUSE REPORTS: No. 108-260, Pt. 1 (Comm. on the Judiciary).
CONGRESSIONAL RECORD:
Vol. 149 (2003):
Oct. 7, considered and passed House.
Vol. 150 (2004):
Nov. 19, considered and passed
Senate, amended.
Nov. 20, House concurred in Senate
amendment.
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