1.This Act may be cited as the
Global Health Care Cooperation
Act
.
2.Global health
care cooperation
(a)Title III of the Immigration and Nationality Act (8
U.S.C. 1401 et seq.) is amended by inserting after section 317 the
following:
317A.Temporary
absence of aliens providing health care in developing countries
(a)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)In
this section:
(1)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)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)The
Secretary of Homeland Security shall consult with the Secretary of State in
carrying out this section.
(d)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)
(1)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)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)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)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)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)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.
.
3.Attestation by
health care workers
(a)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)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)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)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)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)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.