108TH CONGRESS

2D SESSION S. 2302

AN ACT

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,
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S 2302 ES

1 SECTION 1. MODIFICATION OF VISA REQUIREMENTS WITH

2 RESPECT TO INTERNATIONAL MEDICAL

3 GRADUATES.

4 (a) EXTENSION OF DEADLINE.—

5 (1) IN GENERAL.—Section 220(c) of the Immi6 gration and Nationality Technical Corrections Act of

7 1994 (8 U.S.C. 1182 note) (as amended by section

8 11018 of Public Law 107–273) is amended by strik9 ing ‘‘2004.’’ and inserting ‘‘2006.’’.

10 (2) EFFECTIVE DATE.—The amendment made

11 by paragraph (1) shall take effect as if enacted on

12 May 31, 2004.

13 (b) EXEMPTION FROM H–1B NUMERICAL LIMITA14 TIONS.—Section 214(l)(2)(A) of the Immigration and Na15 tionality Act (8 U.S.C. 1184(l)(2)(A)) is amended by add16 ing at the end the following: ‘‘The numerical limitations

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

18 alien whose status is changed under the preceding sen19 tence, if the alien obtained a waiver of the 2-year foreign

20 residence requirement upon a request by an interested

21 Federal agency or an interested State agency.’’.

22 (c) LIMITATION ON MEDICAL PRACTICE AREAS.—

23 Section 214(l)(1)(D) of the Immigration and Nationality

24 Act (8 U.S.C. 1184(l)(1)(D)) is amended by striking

25 ‘‘agrees to practice medicine’’ and inserting ‘‘agrees to

26 practice primary care or specialty medicine’’.
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1 (d) EXEMPTIONS.—Section 214(l)(1)(D) of the Im2 migration and Nationality Act (8 U.S.C. 1184(l)(1)(D))

3 is further amended—

4 (1) by striking ‘‘except that,’’ and all that fol5 lows and inserting ‘‘except that—’’; and

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

7 ‘‘(i) in the case of a request by the Depart8 ment of Veterans Affairs, the alien shall not be

9 required to practice medicine in a geographic

10 area designated by the Secretary;

11 ‘‘(ii) in the case of a request by an inter12 ested State agency, the head of such State

13 agency determines that the alien is to practice

14 medicine under such agreement in a facility

15 that serves patients who reside in one or more

16 geographic areas so designated by the Secretary

17 of Health and Human Services (without regard

18 to whether such facility is located within such

19 a designated geographic area), and the grant of

20 such waiver would not cause the number of the

21 waivers granted on behalf of aliens for such

22 State for a fiscal year (within the limitation in

23 subparagraph (B)) in accordance with the con24 ditions of this clause to exceed 5; and
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S 2302 ES

1 ‘‘(iii) in the case of a request by an inter2 ested Federal agency or by an interested State

3 agency for a waiver for an alien who agrees to

4 practice specialty medicine in a facility located

5 in a geographic area so designated by the Sec6 retary of Health and Human Services, the re7 quest shall demonstrate, based on criteria es8 tablished by such agency, that there is a short9 age of health care professionals able to provide

10 services in the appropriate medical specialty to

11 the patients who will be served by the alien.’’.

Passed the Senate October 11, 2004.

Attest:

Secretary.
108TH CONGRESS

2D SESSION S. 2302

AN ACT

To improve access to physicians in medically

underserved areas.