PUBLIC LAW 108–449—DEC. 10, 2004 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.

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) by amending subsection (d) to read as follows:

‘‘(d) 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Cultural and Training Program Act of 1998 is repealed.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).’’.

Effective dates.

8 USC 1101.

Dec. 10, 2004

[H.R. 2655]

118 STAT. 3470 PUBLIC LAW 108–449—DEC. 10, 2004

(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) as subsections (d) and (e), respectively; and

(B) by inserting after subsection (b), the following new

subsection:

‘‘(c) 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

Verification.

8 USC 1101.

PUBLIC LAW 108–449—DEC. 10, 2004 118 STAT. 3471

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.

Æ

‘‘(B) the admission of the alien is in the public interest

or the national interest of the United States.’’.

Approved December 10, 2004.