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be necessary to carry out this subsection and the
amendments made by this subsection.
(d) ATTESTATION BY HEALTH CARE WORKERS.—
(1) 
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 Home-
land 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 ori-
gin 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
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the alien received financial assistance to de-
fray 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 Sec-
retary determines that—
‘‘(I) the obligation was incurred
by coercion or other improper means;
‘‘(II) the alien and the govern-
ment of the country to which the alien
has an outstanding obligation have
reached a valid, voluntary agreement,
pursuant to which the alien’s obliga-
tion 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 be-
cause of coercion or other improper
means; or
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‘‘(III) the obligation should not be
enforced due to other extraordinary
circumstances, including undue hard-
ship that would be suffered by the alien
in the absence of a waiver.’’.
(2) EFFECTIVE DATE; APPLICATION.—
(A) EFFECTIVE
DATE.—The amendment
made by paragraph (1) shall take effect on the
date that is 180 days after the date of the enact-
ment of this Act.
(B) APPLICATION BY THE SECRETARY.—Not
later than the effective date described in subpara-
graph (A), the Secretary of Homeland Security
shall begin to carry out subparagraph (E) of sec-
tion 212(a)(5) of the Immigration and Nation-
ality Act, as added by paragraph (1), 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.
SEC. 535. None of the funds made available under this
Act may be used to purchase first class or premium airline
travel that would not be consistent with sections 301–10.123
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and 301–10.124 of title 41 of the Code of Federal Regula-
tions.
This Act may be cited as the ‘‘Departments of Labor,
Health and Human Services, and Education, and Related
Agencies Appropriations Act, 2008’’.
Attest:
Secretary.