II 

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. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 
2 

S 2302 RS 

1 SECTION 1. WAIVER OF FOREIGN COUNTRY RESIDENCE RE2 QUIREMENT WITH RESPECT TO INTER3 NATIONAL MEDICAL GRADUATES. 

4 (a) EXTENSION OF DEADLINE.—Section 220(c) of 

5 the Immigration and Nationality Technical Corrections 

6 Act of 1994 (8 U.S.C. 1182 note) (as amended by section 

7 11018 of Public Law 107–273) is amended by striking 

8 ‘‘2004.’’ and inserting ‘‘2009.’’. 

9 (b) DESIGNATION OF HEALTH PROFESSIONAL

10 SHORTAGE AREAS BY STATE AGENCIES.—Section 

11 214(l)(1)(D) of the Immigration and Nationality Act (8 

12 U.S.C. 1184(l)(1)(D)) is amended— 

13 (1) by striking ‘‘professionals,’’ and inserting 

14 ‘‘professionals or in other shortage locations speci15 fied by a State department of public health (or its 

16 equivalent),’’; and 

17 (2) by striking ‘‘in a geographic area designated 

18 by the Secretary.’’ and inserting ‘‘in such a geo19 graphic area or other shortage location.’’. 

20 (c) EXEMPTION FROM H–1B NUMERICAL LIMITA21 TIONS.—Section 214(l)(2)(A) of the Immigration and Na22 tionality Act (8 U.S.C. 1184(l)(2)(A)) is amended by add23 ing at the end the following: ‘‘The numerical limitations 

24 contained in subsection (g)(1)(A) shall not apply to any 

25 alien whose status is changed under the preceding sen26 tence, if the alien obtained a waiver of the 2-year foreign 
3 

S 2302 RS 

1 residence requirement upon a request by an interested 

2 State agency.’’. 

3 SECTION 1. MODIFICATION OF VISA REQUIREMENTS WITH 

4 RESPECT TO INTERNATIONAL MEDICAL 

5 GRADUATES. 

6 (a) EXTENSION OF DEADLINE.— 

7 (1) IN GENERAL.—Section 220(c) of the Immi8 gration and Nationality Technical Corrections Act of 

9 1994 (8 U.S.C. 1182 note) (as amended by section 

10 11018 of Public Law 107–273) is amended by strik11 ing ‘‘2004.’’ and inserting ‘‘2006.’’. 

12 (2) EFFECTIVE DATE.—The amendment made by 

13 paragraph (1) shall take effect as if enacted on May 

14 31, 2004. 

15 (b) EXEMPTION FROM H–1B NUMERICAL LIMITA16 TIONS.—Section 214(l)(2)(A) of the Immigration and Na17 tionality Act (8 U.S.C. 1184(l)(2)(A)) is amended by add18 ing at the end the following: ‘‘The numerical limitations 

19 contained in subsection (g)(1)(A) shall not apply to any 

20 alien whose status is changed under the preceding sentence, 

21 if the alien obtained a waiver of the 2-year foreign residence 

22 requirement upon a request by an interested Federal agency 

23 or an interested State agency.’’. 

24 (c) LIMITATION ON MEDICAL PRACTICE AREAS.—Sec25 tion 214(l)(1)(D) of the Immigration and Nationality Act 
4 

S 2302 RS 

1 (8 U.S.C. 1184(l)(1)(D)) is amended by striking ‘‘agrees to 

2 practice medicine’’ and inserting ‘‘agrees to practice pri3 mary care or specialty medicine’’. 

4 (d) EXEMPTIONS.—Section 214(l)(1)(D) of the Immi5 gration and Nationality Act (8 U.S.C. 1184(l)(1)(D)) is 

6 further amended— 

7 (1) by striking ‘‘except that,’’ and all that follows 

8 and inserting ‘‘except that—’’; and 

9 (2) by adding at the end the following: 

10 ‘‘(i) in the case of a request by the Depart11 ment of Veterans Affairs, the alien shall not be 

12 required to practice medicine in a geographic 

13 area designated by the Secretary; 

14 ‘‘(ii) in the case of a request by an inter15 ested State agency, the head of such State agency 

16 determines that the alien is to practice medicine 

17 under such agreement in a facility that serves 

18 patients who reside in one or more geographic 

19 areas so designated by the Secretary of Health 

20 and Human Services (without regard to whether 

21 such facility is located within such a designated 

22 geographic area), and the grant of such waiver 

23 would not cause the number of the waivers 

24 granted on behalf of aliens for such State for a 

25 fiscal year (within the limitation in subpara-
5 

S 2302 RS 

1 graph (B)) in accordance with the conditions of 

2 this clause to exceed 5; and 

3 ‘‘(iii) in the case of a request by an inter4 ested Federal agency or by an interested State 

5 agency for a waiver for an alien who agrees to 

6 practice specialty medicine in a facility located 

7 in a geographic area so designated by the Sec8 retary of Health and Human Services, the re9 quest shall demonstrate, based on criteria estab10 lished by such agency, that there is a shortage of 

11 health care professionals able to provide services 

12 in the appropriate medical specialty to the pa13 tients 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