Page:United States Statutes at Large Volume 104 Part 2.djvu/691

This page needs to be proofread.

PUBLIC LAW 101-508—NOV. 5, 1990 104 STAT. 1388-283 SEC. 5121. EXEMPTION FOR CERTAIN ALIENS, RECEIVING AMNESTY UNDER THE IMMIGRATION AND NATIONALITY ACT, FROM PROSECUTION FOR MISREPORTING OF EARNINGS OR MISUSE OF SOCIAL SECURITY ACCOUNT NUMBERS OR SOCIAL SECU- RITY CARDS. (a) IN GENERAL.— Section 208 (42 U.S.C. 408) is amended by adding at the end the following: "(d)(1) Except as provided in paragraph (2), an alien— "(A) whose status is adjusted to that of lawful temporary resident under section 210 or 245A of the Immigration and Nationality Act or under section 902 of the Foreign Relations Authorization Act, Fiscal Years 1988 and 1989, "(B) whose status is adjusted to that of permanent resident— "(i) under section 202 of the Immigration Reform and Control Act of 1986, or "(ii) pursuant to section 249 of the Immigration and Nationality Act, or "(C) who is granted special immigrant status under section 101(a)(27)(I) of the Immigration and Nationality Act, shall not be subject to prosecution for any alleged conduct described in paragraph (6) or (7) of subsection (a) if such conduct is alleged to have occurred prior to 60 days after the date of the enactment of the Omnibus Budget Reconciliation Act of 1990. "(2) Paragraph (1) shall not apply with respect to conduct (described in subsection (a)(7)(C)) consisting of^ "(A) selling a card that is, or purports to be, a social security card issued by the Secretary, "(B) possessing a social security card with intent to sell it, or "(C) counterfeiting a social security card with intent to sell it. "(3) Paragraph (1) shall not apply with respect to any criminal conduct involving both the conduct described in subsection (a)(7) to which paragraph (1) applies and any other criminal conduct if such other conduct would be criminal conduct if the conduct described in subsection (a)(7) were not committed.". (b) TECHNICAL AND CONFORMING AMENDMENTS. —So much of section 208 as precedes subsection (d) (as added by subsection (a) of this section) is amended— (1) in subsection (a), by redesignating paragraphs (1), (2), and (3) as subparagraphs (A), (B), and (C), respectively; (2) in subsection (g), by redesignating paragraphs (1), (2), and (3) as subparagraphs (A), (B), and (C), respectively; (3) by redesignating subsections (a) through (h) as paragraphs (1) through (8), respectively; (4) by inserting "(a)" before "Whoever"; (5) by inserting "(b)" at the beginning of the next-to-last undesignated paragraph; and (6) by inserting "(c)' at the beginning of the last undesignated paragraph. SEC. 5122. REDUCTION OF AMOUNT OF WAGES NEEDED TO EARN A YEAR ^ OF COVERAGE APPLICABLE IN DETERMINING SPECIAL MINIMUM PRIMARY INSURANCE AMOUNT. (a) IN GENERAL.— Section 215(a)(l)(C)(ii) (42 U.S.C. 415(a)(l)(C)(ii)) is amended by striking "of not less than 25 percent" the first place it appears and all that follows through "1977) if and inserting "of not less than 25 percent (in the case of a year after 1950 and before 1978) of the maximum amount which (pursuant to subsection (e)) may be