[Congressional Record Volume 150, Number 134 (Friday, November 19, 2004)]
[Senate]
[Pages S11661-S11662]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




   TO AMEND AND EXTEND THE IRISH PEACE PROCESS CULTURAL AND TRAINING 
                          PROGRAM ACT OF 1998

  Mr. SESSIONS. Mr. President, I ask unanimous consent that the Foreign 
Relations Committee be discharged from further consideration of H.R. 
2655, and the Senate proceed to its immediate consideration.
  The PRESIDING OFFICER. Without objection, it is so ordered. The clerk 
will report the bill by title.
  The legislative clerk read as follows:

       A bill (H.R. 2655) to amend and extend the Irish Peace 
     Process Cultural and Training Program Act of 1998.

  There being no objection, the Senate proceeded to consider the bill.
  Mr. SESSIONS. Mr. President, I ask unanimous consent that the Lugar 
substitute at the desk be agreed to, the bill, as amended, be read a 
third time and passed, the motions to reconsider be laid upon the table 
en bloc, and that any statements relating to the bill be printed in the 
Record.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  The amendment (No. 4071) was agreed to, as follows:


                           AMENDMENT NO. 4071

                (Purpose: In the nature of a substitute)

       Strike all after the enacting clause and insert the 
     following:

     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).''.
       (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
       ``(B) the admission of the alien is in the public interest 
     or the national interest of the United States.''.


[[Page S11662]]


  The bill (H.R. 2655), as amended, was read the third time and passed.

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