112 STAT. 2681-71 PUBLIC LAW 105-277—OCT. 21, 1998 Assistance and recognized private entities that have expertise in firearms safety, education and training, shall establish. "(4) With respect to a firearm safety program that receives funding under this section, the Director may waive the evaluation requirement described in paragraph (3) if the Director determines that the program— "(A) is not of a sufficient size to justify an evaluation; or "(B) is designed primarily to provide material resources and supplies, and that activity would not justify an evaluation.". 42 USC 3760 (b) EFFECTIVE DATE. —The amendments made by this section "oteshall take effect on the earlier of— (1) October 1, 1998; or (2) the date of enactment of this Act. FIREARMS SEC. 121. Section 922 of title 18, United States Code, is amended— (1) in subsection (d), by striking peu-agraph (5) and inserting the following: "(5) who, being an alien— "(A) is illegally or unlawfully in the United States; or "(B) except as provided in subsection (y)(2), has been admitted to the United States under a nonimmigrant visa (as that term is defined in section 101(a)(26) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(26)));"; (2) in subsection (g), by striking paragraph (5) and inserting the following: "(5) who, being an alien— "(A) is illegally or unlawfully in the United States; or "(B) except as provided in subsection (yK2), has been admitted to the United States under a nonimmigrant visa (as that term is defined in section 101(a)(26) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(26)));"; (3) in subsection (s)(3)(B), by striking clause (v) and inserting the following: "(v) is not an alien who— "(I) is illegally or unlawfully in the United States; or "(II) subject to subsection (y)(2), has been admitted to the United States under a nonimmigrant visa (as that term is defined in section 101(a)(26) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(26)));"; and (4) by inserting after subsection (x) the following: "(y) PROVISIONS RELATING TO ALIENS ADMITTED UNDER NON- IMMIGRANT VISAS. — "(1) DEFINITIONS.— In this subsection— "(A) the term 'alien' has the same meaning as in section 101(a)(3) of the Immigration and Nationality Act (8 U.S.C. llOKaXS)); and "(B) the term 'nonimmigrant visa' has the same meaning as in section 101(a)(26) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(26)).
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