Page:United States Statutes at Large Volume 110 Part 4.djvu/800

 110 STAT. 3009-637 PUBLIC LAW 104-208—SEPT. 30, 1996 "(11) are comparable with that required for an American health-care worker of the same type; and "(III) are authentic and, in the case of a license, unencumbered; "(ii) the alien has the level of competence in oral and written English considered by the Secretary of Health and Human Services, in consultation with the Secretary of Education, to be appropriate for health care work of the kind in which the alien will be engaged, as shown by an appropriate score on one or more nationally recognized, commercially available, standardized assessments of the applicant's ability to speak and write; and "(iii) if a majority of States licensing the profession in which the alien intends to work recognize a test predicting the success on the profession's licensing or certification examination, the alien has passed such a test or has passed such an examination. For purposes of clause (ii), determination of the standardized tests required and of the minimum scores that are appropriate are within the sole discretion of the Secretary of Health and Human Services and are not subject to further administrative or judicial review.". SEC. 344. REMOVAL OF ALIENS FALSELY CLAIMING UNITED STATES CITIZENSHIP. (a) EXCLUSION OF ALIENS WHO HAVE FALSELY CLAIMED UNITED STATES CITIZENSHIP. — Section 212(a)(6)(C) (8 U.S.C. 1182(a)(6)(C)) is amended— (1) by redesignating clause (ii) as clause (iii), and (2) by inserting after clause (i) the following new clause: "(ii) FALSELY CLAIMING CITIZENSHIP. —Any alien who falsely represents, or has falsely represented, himself or herself to be a citizen of the United States for any purpose or benefit under this Act (including section 274A) or any other Federal or State law is excludable.", (b) DEPORTATION OF ALIENS WHO HAVE FALSELY CLAIMED UNITED STATES CITIZENSHIP. — Section 241(a)(3) (8 U.S.C. 1251(a)(3)) is amended by adding at the end the following new subparagraph: "(D) FALSELY CLAIMING CITIZENSHIP.—Any alien who falsely represents, or has falsely represented, himself to be a citizen of the United States for any purpose or benefit under this Act (including section 274A) or any Federal or State law is deportable.". 8 USC 1182 note. (c) EFFECTIVE DATE. — The amendments made by this section shall apply to representations made on or after the date of the enactment of this Act. SEC. 345. WAIVER OF EXCLUSION AND DEPORTATION GROUND FOR CERTAIN SECTION 274C VIOLATORS. (a) EXCLUSION GROUNDS. —Section 212 (8 U.S.C. 1182) is amended— (1) by amending subparagraph (F) of subsection (a)(6) to read as follows: "(F) SUBJECT OF CIVIL PENALTY.—

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