Sec. 803. Title II technical amendments

2,674 words·~12 min read·/bill/115/s/1757/pcs/section-803

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

Section 202(a)(1)(B) ( 8 U.S.C. 1152(a)(1)(B) ) is amended by inserting the Secretary or after the authority of , Section 203 ( 8 U.S.C. 1153 ) is amended— in subsection (b)(2)(B)(ii)— in subclause (II)— by inserting the Secretary or before the Attorney General ; and by moving such subclause 4 ems to the left; and by moving subclauses

(III)and

(IV)4 ems to the left; and in subsection (g)— by striking Secretary’s and inserting Secretary of State’s ; and by inserting of State after but the Secretary . Section 204 ( 8 U.S.C. 1154 ) is amended— in subsection (a)(1)— in subparagraph (B)(i)— by redesignating the second subclause (I), as added by section 402(a)(3)(B) of the Adam Walsh Child Protection and Safety Act of 2006 ( Public Law 109–248 ), as subclause (II); and indenting the left margin of such subclause two ems from the left margin; and in subparagraph (G)(ii), by inserting of State after by the Secretary ; in subsection (c), by inserting the Secretary or before the Attorney General each place that term appears; and in subsection (e), by inserting to after admitted . Section 208 of the Immigration and Nationality Act ( 8 U.S.C. 1158 ) is amended— in subsection (a)(2)— by inserting the Secretary of Homeland Security or before Attorney General in subparagraph (A); by inserting the Secretary of Homeland Security or before Attorney General in subparagraph (D); in subsection (b)(2) by inserting the Secretary of Homeland Security or before Attorney General wherever the term appears; in subsection (c)(1), by striking the Attorney General and inserting the Secretary of Homeland Security ; in paragraphs

(2)and

(3)of subsection (c), by inserting the Secretary of Homeland Security or before Attorney General ; and in subsection (d)— in paragraph (1), by inserting the Secretary of Homeland Security or before the Attorney General , in paragraph (2), by striking Attorney General and inserting Secretary of Homeland Security ; and in paragraph (3)— by striking Attorney General each place that term appears and inserting Secretary of Homeland Security ; and by striking Attorney General’s and inserting Secretary’s . in paragraphs

(4)through (6), by inserting the Secretary of Homeland Security or before the Attorney General ; and Section 209(a)(1)(A) ( 8 U.S.C. 1159(a)(1)(A) ) is amended by striking Secretary of Homeland Security or the Attorney General each place that term appears and inserting Secretary . Section 212 ( 8 U.S.C. 1182 ) is amended— in subsection (a)— in paragraphs (2)(C), (2)(H)(ii), (2)(I), (3)(A), and (3)(B)(ii)(II), by inserting , the Secretary, before or the Attorney General each place that term appears; in paragraph (3)(D), by inserting the Secretary or before the Attorney General each place that term appears; in paragraph (4)— in subparagraph (A), by inserting the Secretary or before the Attorney General ; and in subparagraph (B), by inserting , the Secretary, before or the Attorney General each place that term appears; in paragraph (5)(C), by striking or, in the case of an adjustment of status, the Attorney General, a certificate from the Commission on Graduates of Foreign Nursing Schools, or a certificate from an equivalent independent credentialing organization approved by the Attorney General and inserting or, in the case of an adjustment of status, the Secretary or the Attorney General, a certificate from the Commission on Graduates of Foreign Nursing Schools, or a certificate from an equivalent independent credentialing organization approved by the Secretary ; in paragraph (9)— in subparagraph (B)(v)— by inserting or the Secretary after Attorney General each place that term appears; and by striking has sole discretion and inserting have discretion ; and in subparagraph (C)(iii), by inserting or the Attorney General after Secretary of Homeland Security ; and in paragraph (10)(C), in clauses (ii)(III) and (iii)(II), by striking Secretary’s and inserting Secretary of State’s ; in subsection (d), in paragraphs

(11)and (12), by inserting or the Secretary after Attorney General each place that term appears; in subsection (e), by striking the first proviso and inserting Provided, That upon the favorable recommendation of the Director, pursuant to the request of an interested United States Government agency (or, in the case of an alien described in clause (iii), pursuant to the request of a State Department of Public Health, or its equivalent), or of the Secretary after the Secretary has determined that 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 a lawfully resident alien), or that the alien cannot return to the country of his or her nationality or last residence because the alien would be subject to persecution on account of race, religion, or political opinion, the Secretary may waive the requirement of such two-year foreign residence abroad in the case of any alien whose admission to the United States is found by the Secretary to be in the public interest except that in the case of a waiver requested by a State Department of Public Health, or its equivalent, or in the case of a waiver requested by an interested United States Government agency on behalf of an alien described in clause (iii), the waiver shall be subject to the requirements under section 214(l): . in subsections (g), (h), (i), and (k), by inserting or the Secretary after Attorney General each place that term appears; in subsection (m)(2)(E)(iv), by inserting of Labor after Secretary the second and third place that term appears; in subsection (n), by inserting of Labor after Secretary each place that term appears, except that this amendment shall not apply to references to the Secretary of Labor ; and in subsection (s), by inserting , the Secretary, before or the Attorney General . A Section 213A ( 8 U.S.C. 1183a ) is amended— in subsection (a)(1), in the matter preceding paragraph (1), by inserting , the Secretary, after the Attorney General ; and in subsection (f)(6)(B), by inserting the Secretary, after The Secretary of State, . Subparagraph

(A)of section 214(c)(9) ( 8 U.S.C. 1184(c)(9)(A) is amended, in the matter preceding clause (i), by striking before . Section 217 ( 8 U.S.C. 1187 ) is amended— in subsection (e)(3)(A), by inserting a comma after Regulations ; in subsection (f)(2)(A), by striking section (c)(2)(C), and inserting subsection (c)(2)(C), ; and in subsection (h)(3)(A), by striking the before alien and inserting an . Section 218 ( 8 U.S.C. 1188 ) is amended— by inserting of Labor after Secretary each place that term appears, except that this amendment shall not apply to references to the Secretary of Labor or to the Secretary of Agriculture ; in subsection (c)(3)(B)(iii), by striking Secretary’s and inserting Secretary of Labor’s ; and in subsection (g)(4), by striking Secretary’s and inserting Secretary of Agriculture’s . Section 219 ( 8 U.S.C. 1189 ) is amended— in subsection (a)(1)(B)— by inserting a close parenthetical after section 212(a)(3)(B) ; and by deleting terrorism); and inserting terrorism; ; in subsection (c)(3)(D), by striking (2), and inserting (2); ; and in subsection (d)(4), by inserting Secretary of Homeland Security, after with the . Section 222 ( 8 U.S.C. 1202 )— by inserting or the Secretary after Secretary of State each place that term appears; and in subsection (f)— in the matter preceding paragraph (1), by inserting , the Department, after Department of State ; and in paragraph (2), by striking Secretary’s and inserting their . Section 231 ( 8 U.S.C. 1221 ) is amended— in subsection (c)(10), by striking Attorney General, and inserting Secretary, ; in subsection (f), by striking Attorney General each place that term appears and inserting Secretary ; in subsection (g)— by striking of the Attorney General and inserting of the Secretary ; by striking by the Attorney General and inserting by the Secretary ; and by striking Commissioner each place that term appears and inserting Secretary ; and in subsection (h), by striking Attorney General each place that term appears and inserting Secretary . Section 236 ( 8 U.S.C. 1226 ) is amended— in subsection (a)(2)(A), by inserting the Secretary or before the Attorney General the third place that term appears; and in subsection (e)— by striking review. and inserting review, other than administrative review by the Attorney General pursuant to the authority granted by section 103(g). ; and by inserting the Secretary or before Attorney General under . A Paragraph

(4)of section 236A(a) ( 8 U.S.C. 1226a(a)(4) ) is amended by striking Deputy Attorney General both places that term appears and inserting Deputy Secretary of Homeland Security . Section 237(a) ( 8 U.S.C. 1227(a) ) is amended— in the matter preceding paragraph (1), by inserting following the initiation by the Secretary of removal proceedings after upon the order of the Attorney General ; and in the heading of subparagraph

(E)of paragraph (2), by striking CHILDREN AND.— and inserting CHILDREN.— . Section 238 ( 8 U.S.C. 1228 ) is amended— in subsection (a)— in paragraph (2), by striking Attorney General each place that term appears and inserting Secretary ; and in paragraphs

(3)and (4)(A), by inserting and the Secretary after Attorney General each place that term appears; in subsection (b)— in paragraph

(3)and (4), by striking Attorney General each place the term appears and inserting Secretary of Homeland Security ; and in paragraph

(5)by inserting or the Secretary after Attorney General ; and in subsection (d), as so redesignated— by striking Commissioner and Attorney General each place those terms appear and inserting Secretary ; and in subparagraph (D)(iv), by striking Attorney General and inserting United States Attorney . Section 239(a)(1) ( 8 U.S.C. 1229(a)(1) ) is amended by inserting and the Secretary after Attorney General each place that term appears. Section 240 ( 8 U.S.C. 1229a ) is amended— in subsection (b)— in paragraph (1), by inserting , with the concurrence of the Secretary with respect to employees of the Department after Attorney General ; and in paragraph (5)(A), by inserting the Secretary or before the Attorney General ; and in subsection (c)— in paragraph (2), by inserting , the Secretary of State, or the Secretary before to be confidential ; and in paragraph (7)(C)(iv)(I)), by striking the extra comma after the second reference to the term this title . Note: please clarify how to execute this amendment. A Section 240A(b) ( 8 U.S.C. 1229b(b) ) is amended— in paragraph (3), by striking Attorney General shall and inserting Secretary shall ; and in paragraph (4)(A), by striking Attorney General and inserting Secretary . B Section 240B ( 8 U.S.C. 1229c ) is amended— in paragraphs

(1)and

(3)of subsection (a), by inserting or the Secretary after Attorney General ; and in subsection (c), by inserting and the Secretary after Attorney General . Section 241 ( 8 U.S.C. 1231 ) is amended— in subsection (a)(4)(B)(i), by inserting a close parenthetical after

(L); in paragraph

(2)of subsection (g)— by striking the paragraph heading and inserting ; Detention facilities of the department of homeland security .— by striking Service, and inserting Department ; and by striking Commissioner and inserting Secretary . Section 242(g) ( 8 U.S.C. 1252(g) ) is amended by inserting the Secretary or before the Attorney General . Section 243 ( 8 U.S.C. 1253 ) is amended— in subparagraphs

(A)and

(B)of subsection (c)(1)— by striking Attorney General each place that term appears and inserting Secretary ; and by striking Commissioner each place that term appears and inserting Secretary ; and in subsection (d), by inserting of State after notifies the Secretary . Section 244 ( 8 U.S.C. 1254a ) is amended— in subsection (c)(2), by inserting or the Secretary after Attorney General each place the term appears; and in subsection (g), by inserting or the Secretary after Attorney General . Section 245 ( 8 U.S.C. 1255 ) is amended— by inserting or the Secretary after Attorney General each place that term appears except in subsections

(j)(other than the first reference), (l), and (m); in subsection (c), striking the comma after section 101(a)(15)(S) and inserting a semicolon; in subsection (k)(1), adding an and at the end; in subsection (l)— in paragraph (1), by inserting a comma after appropriate ; and in paragraph (2)— in the matter preceding paragraph (1), by striking Attorney General’s and inserting Secretary’s ; and in subparagraph (B), by striking (10(E)) and inserting (10)(E)) . A Section 245A ( 8 U.S.C. 1255a ) is amended— by striking subparagraph

(C)of subsection (c)(7); and in subsection (h)(5)— in subparagraph (A), by striking the second reference to The ; and Note: Please clarify how to execute this amendment striking ( and inserting Public Law 96–122 ), ( . Public Law 96–422 ), Section 246(a) ( 8 U.S.C. 1256(a) ) is amended— by inserting or the Secretary after of the Attorney General ; by inserting or the Secretary after status, the Attorney General ; and by striking Attorney General to rescind and inserting Secretary to rescind . Section 249 ( 8 U.S.C. 1259 ) is amended by inserting or the Secretary after Attorney General each place that term appears. Subsection

(d)of section 251 ( 8 U.S.C. 1281(d) ) is amended by striking Attorney General and Commissioner each place those terms appear and inserting Secretary . Subsection

(a)of section 254 ( 8 U.S.C. 1284(a) ) is amended by striking Commissioner each place that term appears and inserting Secretary . Section 255 ( 8 U.S.C. 1285 ) is amended by striking Commissioner each place that term appears and inserting Secretary . Section 256 ( 8 U.S.C. 1286 ) is amended— by striking Commissioner each place that term appears and inserting Secretary ; in the first and second sentences, by striking Attorney General each places that term appears and inserting Secretary . Section 258 ( 8 U.S.C. 1288 ) is amended— by inserting of Labor after Secretary each place that term appears, except that this amendment shall not apply to references to the Secretary of Labor , the Secretary of State, or to subsection (e)(2); in subsection (d)(2)(A), by striking at after while ; and in subsection (e)(2), by striking the Secretary shall and inserting the Secretary of State shall . Section 264(f) ( 8 U.S.C. 1304 ) is amended by striking Attorney General is and inserting Attorney General and Secretary are . Section 272 ( 8 U.S.C. 1322 ) is amended by striking Commissioner each place that term appears and inserting Secretary . Section 273 ( 8 U.S.C. 1323 ) is amended— by striking Commissioner each place that term appears and inserting Secretary ; and by striking Attorney General each place that term appears, except in subsection

(e)in the matter preceding paragraph (1), and inserting Secretary . Section 274(b)(2) ( 8 U.S.C. 1324(b)(2) ) is amended by striking Secretary of the Treasury and inserting Secretary . B Paragraph

(2)of section 274B(f) ( 8 U.S.C. 1324b(f)(2) ) is amended by striking subsection and inserting section . C Section 274C(d)(2)(A) ( 8 U.S.C. 1324c(d)(2)(A) ) is amended by inserting or the Secretary after subsection (a), the Attorney General . D Section 274D ( 8 U.S.C. 1324d ) is amended in subsection (a)(2) of section 274D(a) ( 8 U.S.C. 1324d(a)(2) ) is amended by striking Commissioner and inserting Secretary . Section 286 ( 8 U.S.C. 1356 ) is amended— in subsection (q)(1)(B), by striking , in consultation with the Secretary of the Treasury, ; in subsection (r)(2), by striking section 245(i)(3)(b) and inserting section 245(i)(3)(B) ; in subsection (s)(5)— by striking 5 percent and inserting ; and Use of fees for duties relating to petitions .—Five percent by striking paragraph

(C)or

(D)of section 204 and inserting subparagraph

(C)or

(D)of section 204(a)(1) ; and in subsection (v)(2)(A)(i), by adding of after number . Section 294 ( 8 U.S.C. 1363a ) is amended— in the undesignated matter following paragraph

(4)of subsection (a), by striking Commissioner, in consultation with the Deputy Attorney General, and inserting Secretary ; and in subsection (d), by striking Deputy Attorney General and inserting Secretary .

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