[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.