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[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[S. 3135 Introduced in Senate (IS)]

111th CONGRESS
  2d Session
                                S. 3135

    To enhance global healthcare cooperation and for other purposes.

_______________________________________________________________________

                   IN THE SENATE OF THE UNITED STATES

                             March 17, 2010

  Mr. Durbin introduced the following bill; which was read twice and 
               referred to the Committee on the Judiciary

_______________________________________________________________________

                                 A BILL

 
    To enhance global healthcare cooperation and for other purposes.

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

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Global Health Care Cooperation 
Act''.

SEC. 2. GLOBAL HEALTH CARE COOPERATION.

    (a) In General.--Title III of the Immigration and Nationality Act 
(8 U.S.C. 1401 et seq.) is amended by inserting after section 317 the 
following:

``SEC. 317A. TEMPORARY ABSENCE OF ALIENS PROVIDING HEALTH CARE IN 
              DEVELOPING COUNTRIES.

    ``(a) In General.--Notwithstanding any other provision of this Act, 
the Secretary of Homeland Security shall allow an eligible alien and 
the spouse or child of such alien to reside in a candidate country 
during the period that the eligible alien is working as a physician or 
other health care worker in a candidate country. During such period the 
eligible alien and such spouse or child shall be considered--
            ``(1) to be physically present and residing in the United 
        States for purposes of naturalization under section 316(a); and
            ``(2) to meet the continuous residency requirements under 
        section 316(b).
    ``(b) Definitions.--In this section:
            ``(1) Candidate country.--The term `candidate country' 
        means a country that the Secretary of State determines to be--
                    ``(A) eligible for assistance from the 
                International Development Association, in which the per 
                capita income of the country is equal to or less than 
                the historical ceiling of the International Development 
                Association for the applicable fiscal year, as defined 
                by the International Bank for Reconstruction and 
                Development;
                    ``(B) classified as a lower middle income country 
                in the then most recent edition of the World 
                Development Report for Reconstruction and Development 
                published by the International Bank for Reconstruction 
                and Development and having an income greater than the 
                historical ceiling for International Development 
                Association eligibility for the applicable fiscal year; 
                or
                    ``(C) qualified to be a candidate country due to 
                special circumstances, including natural disasters or 
                public health emergencies.
            ``(2) Eligible alien.--The term `eligible alien' means an 
        alien who--
                    ``(A) has been lawfully admitted to the United 
                States for permanent residence; and
                    ``(B) is a physician or other healthcare worker.
    ``(c) Consultation.--The Secretary of Homeland Security shall 
consult with the Secretary of State in carrying out this section.
    ``(d) Publication.--The Secretary of State shall publish--
            ``(1) not later than 180 days after the date of the 
        enactment of this section, a list of candidate countries;
            ``(2) an updated version of the list required by paragraph 
        (1) not less often than once each year; and
            ``(3) an amendment to the list required by paragraph (1) at 
        the time any country qualifies as a candidate country due to 
        special circumstances under subsection (b)(1)(C).''.
    (b) Rulemaking.--
            (1) Requirement.--Not later than 180 days after the date of 
        the enactment of this Act, the Secretary of Homeland Security 
        shall promulgate regulations to carry out the amendments made 
        by this section.
            (2) Content.--The regulations promulgated pursuant to 
        paragraph (1) shall--
                    (A) permit an eligible alien (as defined in section 
                317A of the Immigration and Nationality Act, as added 
                by subsection (a)) and the spouse or child of the 
                eligible alien to reside in a foreign country to work 
                as a physician or other healthcare worker as described 
                in subsection (a) of such section 317A for not less 
                than a 12-month period and not more than a 24-month 
                period, and shall permit the Secretary to extend such 
                period for an additional period not to exceed 12 
                months, if the Secretary determines that such country 
                has a continuing need for such a physician or other 
                healthcare worker;
                    (B) provide for the issuance of documents by the 
                Secretary to such eligible alien, and such spouse or 
                child, if appropriate, to demonstrate that such 
                eligible alien, and such spouse or child, if 
                appropriate, is authorized to reside in such country 
                under such section 317A; and
                    (C) provide for an expedited process through which 
                the Secretary shall review applications for such an 
                eligible alien to reside in a foreign country pursuant 
                to subsection (a) of such section 317A if the Secretary 
                of State determines a country is a candidate country 
                pursuant to subsection (b)(1)(C) of such section 317A.
    (c) Technical and Conforming Amendments.--
            (1) Definition.--Section 101(a)(13)(C)(ii) of the 
        Immigration and Nationality Act (8 U.S.C. 1101(a)(13)(C)(ii)) 
        is amended by adding ``except in the case of an eligible alien, 
        or the spouse or child of such alien, who is authorized to be 
        absent from the United States under section 317A,'' at the end.
            (2) Documentary requirements.--Section 211(b) of such Act 
        (8 U.S.C. 1181(b)) is amended by inserting ``, including an 
        eligible alien authorized to reside in a foreign country under 
        section 317A and the spouse or child of such eligible alien, if 
        appropriate,'' after ``101(a)(27)(A),''.
            (3) Ineligible aliens.--Section 212(a)(7)(A)(i)(I) of such 
        Act (8 U.S.C. 1182(a)(7)(A)(i)(I)) is amended by inserting 
        ``other than an eligible alien authorized to reside in a 
        foreign country under section 317A and the spouse or child of 
        such eligible alien, if appropriate,'' after ``Act,''.
            (4) Clerical amendment.--The table of contents of such Act 
        is amended by inserting after the item relating to section 317 
        the following:

``Sec. 317A. Temporary absence of aliens providing health care in 
                            developing countries.''.

SEC. 3. ATTESTATION BY HEALTH CARE WORKERS.

    (a) Attestation Requirement.--Section 212(a)(5) of the Immigration 
and Nationality Act (8 U.S.C. 1182(a)(5)) is amended by adding at the 
end the following:
                    ``(E) Health care workers with other obligations.--
                            ``(i) In general.--An alien who seeks to 
                        enter the United States for the purpose of 
                        performing labor as a physician or other health 
                        care worker is inadmissible unless the alien 
                        submits to the Secretary of Homeland Security 
                        or the Secretary of State, as appropriate, an 
                        attestation that the alien is not seeking to 
                        enter the United States for such purpose during 
                        any period in which the alien has an 
                        outstanding obligation to the government of the 
                        alien's country of origin or the alien's 
                        country of residence.
                            ``(ii) Obligation defined.--In this 
                        subparagraph, the term `obligation' means an 
                        obligation incurred as part of a valid, 
                        voluntary individual agreement in which the 
                        alien received financial assistance to defray 
                        the costs of education or training to qualify 
                        as a physician or other health care worker in 
                        consideration for a commitment to work as a 
                        physician or other health care worker in the 
                        alien's country of origin or the alien's 
                        country of residence.
                            ``(iii) Waiver.--The Secretary of Homeland 
                        Security may waive a finding of inadmissibility 
                        under clause (i) if the Secretary determines 
                        that--
                                    ``(I) the obligation was incurred 
                                by coercion or other improper means;
                                    ``(II) the alien and the government 
                                of the country to which the alien has 
                                an outstanding obligation have reached 
                                a valid, voluntary agreement, pursuant 
                                to which the alien's obligation has 
                                been deemed satisfied, or the alien has 
                                shown to the satisfaction of the 
                                Secretary that the alien has been 
                                unable to reach such an agreement 
                                because of coercion or other improper 
                                means; or
                                    ``(III) the obligation should not 
                                be enforced due to other extraordinary 
                                circumstances, including undue hardship 
                                that would be suffered by the alien in 
                                the absence of a waiver.''.
    (b) Effective Date.--The amendment made by subsection (a) shall 
take effect on the date that is 180 days after the date of the 
enactment of this Act.
    (c) Application.--Not later than the effective date described in 
subsection (b), the Secretary of Homeland Security shall begin to carry 
out subparagraph (E) of section 212(a)(5) of the Immigration and 
Nationality Act, as added by subsection (a), including the requirement 
for the attestation and the granting of a waiver described in clause 
(iii) of such subparagraph (E), regardless of whether regulations to 
implement such subparagraph have been promulgated.
                                 <all>
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