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[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[S. 2302 Reported in Senate (RS)]

                                                       Calendar No. 775
108th CONGRESS
  2d Session
                                S. 2302

    To improve access to physicians in medically underserved areas.

_______________________________________________________________________

                   IN THE SENATE OF THE UNITED STATES

                             April 7, 2004

Mr. Conrad (for himself, Mr. Brownback, Mr. Feingold, Mrs. Murray, Mr. 
Cochran, Mr. Kennedy, Mr. Hagel, Mr. Bingaman, Mr. Ensign, Mr. Schumer, 
  Mrs. Lincoln, Mr. DeWine, Mr. Nelson of Nebraska, Mr. Kohl, and Ms. 
   Cantwell) introduced the following bill; which was read twice and 
               referred to the Committee on the Judiciary

                            October 7, 2004

                Reported by Mr. Hatch, with an amendment
 [Strike out all after the enacting clause and insert the part printed 
                               in italic]

_______________________________________________________________________

                                 A BILL

 
    To improve access to physicians in medically underserved areas.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

<DELETED>SECTION 1. WAIVER OF FOREIGN COUNTRY RESIDENCE REQUIREMENT 
              WITH RESPECT TO INTERNATIONAL MEDICAL 
              GRADUATES.</DELETED>

<DELETED>    (a) Extension of Deadline.--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 ``2009.''.</DELETED>
<DELETED>    (b) Designation of Health Professional Shortage Areas by 
State Agencies.--Section 214(l)(1)(D) of the Immigration and 
Nationality Act (8 U.S.C. 1184(l)(1)(D)) is amended--</DELETED>
        <DELETED>    (1) by striking ``professionals,'' and inserting 
        ``professionals or in other shortage locations specified by a 
        State department of public health (or its equivalent),''; 
        and</DELETED>
        <DELETED>    (2) by striking ``in a geographic area designated 
        by the Secretary.'' and inserting ``in such a geographic area 
        or other shortage location.''.</DELETED>
<DELETED>    (c) 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 State agency.''.</DELETED>

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) 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 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.''.
                                                       Calendar No. 775

108th CONGRESS

  2d Session

                                S. 2302

_______________________________________________________________________

                                 A BILL

    To improve access to physicians in medically underserved areas.

_______________________________________________________________________

                            October 7, 2004

                       Reported with an amendment
```