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[108th Congress Public Law 441]
[From the U.S. Government Printing Office]

<DOC>
[DOCID: f:publ441.108]

[[Page 118 STAT. 2630]]

Public Law 108-441
108th Congress

                                 An Act

 
        To improve access to physicians in medically underserved 
               areas. <<NOTE: Dec. 3, 2004 -  [S. 2302]>> 

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,
SECTION 1. MODIFICATION OF VISA REQUIREMENTS WITH RESPECT TO 
                              INTERNATIONAL MEDICAL GRADUATES.

    (a) Extension of Deadline.--
            (1) In general.--Section 220(c) of the Immigration and 
        Nationality Technical Corrections Act of 1994 (8 U.S.C. 1182 
        note) (as amended by section 11018 of Public Law 107-273) is 
        amended by striking ``2004.'' and inserting ``2006.''.
            (2) <<NOTE: 8 USC 1182 note.>> Effective date.--The 
        amendment made by paragraph (1) shall take effect as if enacted 
        on May 31, 2004.

    (b) Exemption From H-1B Numerical Limitations.--Section 214(l)(2)(A) 
of the Immigration and Nationality Act (8 U.S.C. 1184(l)(2)(A)) is 
amended by adding at the end the following: ``The numerical limitations 
contained in subsection (g)(1)(A) shall not apply to any alien whose 
status is changed under the preceding sentence, if the alien obtained a 
waiver of the 2-year foreign residence requirement upon a request by an 
interested Federal agency or an interested State agency.''.
    (c) Limitation on Medical Practice Areas.--Section 214(l)(1)(D) of 
the Immigration and Nationality Act (8 U.S.C. 1184(l)(1)(D)) is amended 
by striking ``agrees to practice medicine'' and inserting ``agrees to 
practice primary care or specialty medicine''.
    (d) Exemptions.--Section 214(l)(1)(D) of the Immigration and 
Nationality Act (8 U.S.C. 1184(l)(1)(D)) is further amended--
            (1) by striking ``except that,'' and all that follows and 
        inserting ``except that--''; and
            (2) by adding at the end the following:
                    ``(i) in the case of a request by the Department of 
                Veterans Affairs, the alien shall not be required to 
                practice medicine in a geographic area designated by the 
                Secretary;
                    ``(ii) in the case of a request by an interested 
                State agency, the head of such State agency determines 
                that the alien is to practice medicine under such 
                agreement in a facility that serves patients who reside 
                in one or more geographic areas so designated by the 
                Secretary of Health and Human Services (without regard 
                to whether such facility is located within such a 
                designated geographic area), and the grant of such 
                waiver would not cause the number of the waivers granted 
                on behalf of aliens for such State for a fiscal year 
                (within the limitation in

[[Page 118 STAT. 2631]]

                subparagraph (B)) in accordance with the conditions of 
                this clause to exceed 5; and
                    ``(iii) in the case of a request by an interested 
                Federal agency or by an interested State agency for a 
                waiver for an alien who agrees to practice specialty 
                medicine in a facility located in a geographic area so 
                designated by the Secretary of Health and Human 
                Services, the request shall demonstrate, based on 
                criteria established by such agency, that there is a 
                shortage of health care professionals able to provide 
                services in the appropriate medical specialty to the 
                patients who will be served by the alien.''.

    Approved December 3, 2004.

LEGISLATIVE HISTORY--S. 2302:
---------------------------------------------------------------------------

CONGRESSIONAL RECORD, Vol. 150 (2004):
            Oct. 11, considered and passed Senate.
            Nov. 17, considered and passed House.

                                  <all>
```