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[108th Congress Public Law 449]
[From the U.S. Government Printing Office]

<DOC>
[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        Cultural and Training Program Act of 1998 is repealed.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:
---------------------------------------------------------------------------

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.

                                  <all>
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