To amend and extend the Irish Peace Process Cultural and Training Program Act of 1998.
PL 108-449 (H.R.2655), enacted 12/10/2004

118 STAT. 3469
PUBLIC LAW 108–449—DEC. 10, 2004
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 institu-
tion 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Cultural and Training Program Act of 1998 is repealed.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]
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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 sub-
sections (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 Cul-
tural 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 Secu-
rity’’; 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 Secu-
rity’’; 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 require-
ment of such 2-year foreign residence abroad if the Secretary deter-
mines that—
‘‘(A) departure from the United States would impose excep-
tional 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.
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118 STAT. 3471
PUBLIC LAW 108–449—DEC. 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.
‘‘(B) the admission of the alien is in the public interest
or the national interest of the United States.’’.
Approved December 10, 2004.
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