[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[S. 2302 Enrolled Bill (ENR)]

        S.2302

                       One Hundred Eighth Congress

                                 of the

                        United States of America


                          AT THE SECOND SESSION

          Begun and held at the City of Washington on Tuesday,
           the twentieth day of January, two thousand and four


                                 An Act


 
     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,
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.''.

                               Speaker of the House of Representatives.

                            Vice President of the United States and    
                                               President of the Senate.