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HOUSE OF REPRESENTATIVES

97TH CONGRESS

1st Session

REPORT No. 97-264

MIGRATION AND NATIONALITY ACT AMENDMENTS OF

1981

BER 2, 1981.-Committed to the Committee of the Whole House on the State of

the Union and ordered to be printed

Mr. Mazzoli, from the Committee on the Judiciary,

submitted the following

REPORT

[To accompany H.R. 4327]

[Including cost estimate of the Congressional Budget Office) le Committee on the Judiciary, to whom was referred the bill .. 4327) to amend the Immigration and Nationality Act, and for r purposes, having considered the same, report favorably thererith an amendment and recommend that the bill as amended ass. le amendment is as follows: rike out all after the enacting clause and insert in lieu thereof ollowing: (a) this Act may be cited as the “Immigration and Nationality Act Amend; of 1981”. Except as specifically provided in this Act, whenever in this Act an amendand if any such institution fails to make reports promptly the approval shall be withdrawn, and (ii) the alien spouse and minor children of any such alien if

or repeal is expressed as an amendment to, or repeal of, a provision, the rence shall be deemed to be made to the Immigration and Nationality Act.

2. (a) Subsection (a)(15) of section 101 (8 U.S.C. 1101) is amended(1) by striking out “institution of learning or other recognized place of study” 1 subparagraph (F) and inserting in lieu thereof “college, university, seminary, onservatory, academic high school, elementary school, or other academic instiition or in a language training program”; and (2) by adding after subparagraph (L) the following new subparagraph: “(M)(i) an alien having a residence in a foreign country which he has no atention of abandoning who seeks to enter the United States temporarily and olely for the purpose of pursuing a full course of study at an established ocational or other recognized nonacademic institution (other than in a lanuage training program) in the United States particularly designated by him nd approved by the Attorney General, after consultation with the Secretary of ducation, which institution shall have agreed to report to the Attorney Gener| the termination of attendance of each nonimmigrant nonacademic student

accompanying him or following to join him.”. (b) Şubsection (b) of such section is amended by striking out “fourteen” in subparagraphs (E) and (F) and inserting in lieu thereof "sixteen' (c) Subsection (f) of such section is amended

(1) by striking out paragraph (2); and

(2) by striking out "paragraphs (9), (10), and (23) of section 212(a)” in paragraph (3) and inserting in lieu thereof “paragraphs (9) and (10) of section 212(a) and paragraph (23) of such section (except as such paragraph relates to simple

possession of marihuana)”. SEC. 3. Section 204 (8 U.S.C. 1154) is amended by striking out subsection (d) and by redesignating subsection (e) as subsection (d) and the subsection (f), which was renumbered by section 3 of Public Law 95-417, as subsection (e) SEC. 4. Section 212 (8 U.S.C. 1182) is amended

(1) by inserting “and who seek admission within five years of the date of such deportation or removal,” in subsection (a)(17) after “section 242(b),”;

(2) by striking out the second sentence of “paragraph (6) of subsection (d); and

(3) by striking out "paragraphs (9), (10), or (12) of this section” in subsection (h) and inserting in lieu thereof paragraph (9), (10), or (12) of subsection (a) or paragraph (23) of such subsection as such “paragraph relates to simple posses

sion of marihuana”. Sec. 5. (a)(1) Section 212 (8 U.S.C. 1182) is amended by striking out the semicolon at the end of paragraph (32) of subsection (a) and inserting in lieu thereof a period and the following: "For the purposes of this paragraph, an alien who is a graduate of a medical school shall be considered to have passed parts I and II of the National Board of Medical Examiners examination if the alien was fully and permanently licensed to practice medicine in a State on January 9, 1978, and was practicing medicine in a State on that date;".

(2) Subsection (j)(1)(B) of such section is amended by striking out the semicolon at the end thereof and inserting in lieu thereof a period and the following: “For the purposes of this subparagraph, an alien who is a graduate of a medical school shall

considered to have passed parts I and II of the National Board of Medical Examiners examination if the alien was fully and permanently licensed to practice medicine in a State on January 9, 1978, and was practicing medicine in a State on that date.”.

(3) Section 602 of the Health Professions Educational Assistance Act of 1976 (Public Law 94-484), added by section 307(q)(3) of Public Law 95-83, is amended by striking out subsections (a) and (b). (b) Subsection (j) of section 212 is amended

(1) by inserting “as follows” after “education or training are” in paragraph (1) in the matter before subparagraph (A);

(2) by striking out “(including any extension of the duration thereof under subparagraph. (D))” in paragraph (1)(C);

(3) by striking out "Commissioner of Education” and “Secretary of Health, Education, and Welfare” each place it appears and inserting in lieu thereof “Secretary of Education” and “Secretary of Health and Human Services”, respectively;

(4) By striking out the semicolon at the end of subparagraph (A) and “; and" at the end of subparagraph (C) and inserting in lieu thereof a period in each case;

(5) by amending subparagraph (D) of paragraph (1) to read as follows:

"D) The duration of the alien's participation in the program of graduate medical education or training for which the alien is coming to the United States is limited to the time typically required to complete such program, as determined by the Director of the International Communication Agency at the time of the alien's entry into the United States, based on criteria which are established in coordination with the Secretary of Health and Human Services and which take into consideration the published requirements of the medial specialty board which administers such education or training program; except that,

“(i) such duration is further limited to seven years unless the alien has demonstrated to the satisfaction of the Director that the country to which the alien well return at the end of such specialty education or training has an exceptional need for an individual trained in such specialty and “(ii

) the alien may, once and not later than two years after the date the alien enters the United States as an exchange visitor or acquires exchange visitors status, change the alien's designated program of graduate medical education of training if the Director approves the change and if a commitment and written assurance with respect to the alien's new program have been provided in accordance with subparagraph (C).";

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