[Congressional Record (Bound Edition), Volume 153 (2007), Part 20]
[Senate]
[Pages 27957-27959]
[From the U.S. Government Publishing Office, www.gpo.gov]




                           TEXT OF AMENDMENTS

  SA 3449. Mr. DURBIN submitted an amendment intended to be proposed to 
amendment SA 3404 proposed by Mr. Schumer (for himself and Mrs. 
Hutchison) to the amendment SA 3325 proposed by Mr. Harkin (for himself 
and Mr. Specter) to the bill H.R. 3043, making appropriations for the 
Departments of Labor, Health and Human Services, and Education, and 
related agencies for the fiscal year ending September 30, 2008, and for 
other purposes; as follows:

       On page 2 of the amendment, after line 11, insert the 
     following:
       Sec. 522. (a) Fee for Recapture of Unused Employment-Based 
     Immigrant Visas.--Section 106(d) of the American 
     Competitiveness in the Twenty-first Century Act of 2000 
     (Public Law 106-313; 8 U.S.C. 1153 note), as amended by 
     section 521, is further amended by adding at the end the 
     following:
       ``(5) Fee for recapture of unused employment-based 
     immigrant visas.--
       ``(A) In general.--The Secretary of Homeland Security shall 
     impose a fee upon each petitioning employer who uses a visa 
     recaptured from fiscal years 1996 and 1997 under this 
     subsection to provide employment for an alien as a 
     professional nurse, provided that--
       ``(i) such fee shall be in the amount of $1,500 for each 
     such alien nurse (but not for dependents accompanying or 
     following to join who are not professional nurses); and

[[Page 27958]]

       ``(ii) no fee shall be imposed for the use of such visas if 
     the employer demonstrates to the Secretary that--

       ``(I) the employer is a health care facility that is 
     located in a county or parish that received individual and 
     public assistance pursuant to Major Disaster Declaration 
     number 1603 or 1607; or
       ``(II) the employer is a health care facility that has been 
     designated as a Health Professional Shortage Area facility by 
     the Secretary of Health and Human Services as defined in 
     section 332 of the Public Health Service Act (42 U.S.C. 
     254e).

       ``(B) Fee collection.--A fee imposed by the Secretary of 
     Homeland Security pursuant to this paragraph shall be 
     collected by the Secretary as a condition of approval of an 
     application for adjustment of status by the beneficiary of a 
     petition or by the Secretary of State as a condition of 
     issuance of a visa to such beneficiary.''.
       (b) Capitation Grants to Increase the Number of Nursing 
     Faculty and Students; Domestic Nursing Enhancement Account.--
     Part D of title VIII of the Public Health Service Act (42 
     U.S.C. 296p et seq.) is amended by adding at the end the 
     following:

     ``SEC. 832. CAPITATION GRANTS.

       ``(a) In General.--For the purpose described in subsection 
     (b), the Secretary, acting through the Health Resources and 
     Services Administration, shall award a grant each fiscal year 
     in an amount determined in accordance with subsection (c) to 
     each eligible school of nursing that submits an application 
     in accordance with this section.
       ``(b) Purpose.--A funding agreement for a grant under this 
     section is that the eligible school of nursing involved will 
     expend the grant to increase the number of nursing faculty 
     and students at the school, including by hiring new faculty, 
     retaining current faculty, purchasing educational equipment 
     and audiovisual laboratories, enhancing clinical 
     laboratories, repairing and expanding infrastructure, or 
     recruiting students.
       ``(c) Grant Computation.--
       ``(1) Amount per student.--Subject to paragraph (2), the 
     amount of a grant to an eligible school of nursing under this 
     section for a fiscal year shall be the total of the 
     following:
       ``(A) $1,800 for each full-time or part-time student who is 
     enrolled at the school in a graduate program in nursing 
     that--
       ``(i) leads to a master's degree, a doctoral degree, or an 
     equivalent degree; and
       ``(ii) prepares individuals to serve as faculty through 
     additional course work in education and ensuring competency 
     in an advanced practice area.
       ``(B) $1,405 for each full-time or part-time student who--
       ``(i) is enrolled at the school in a program in nursing 
     leading to a bachelor of science degree, a bachelor of 
     nursing degree, a graduate degree in nursing if such program 
     does not meet the requirements of subparagraph (A), or an 
     equivalent degree; and
       ``(ii) has not more than 3 years of academic credits 
     remaining in the program.
       ``(C) $966 for each full-time or part-time student who is 
     enrolled at the school in a program in nursing leading to an 
     associate degree in nursing or an equivalent degree.
       ``(2) Limitation.--In calculating the amount of a grant to 
     a school under paragraph (1), the Secretary may not make a 
     payment with respect to a particular student--
       ``(A) for more than 2 fiscal years in the case of a student 
     described in paragraph (1)(A) who is enrolled in a graduate 
     program in nursing leading to a master's degree or an 
     equivalent degree;
       ``(B) for more than 4 fiscal years in the case of a student 
     described in paragraph (1)(A) who is enrolled in a graduate 
     program in nursing leading to a doctoral degree or an 
     equivalent degree;
       ``(C) for more than 3 fiscal years in the case of a student 
     described in paragraph (1)(B); or
       ``(D) for more than 2 fiscal years in the case of a student 
     described in paragraph (1)(C).
       ``(d) Eligibility.--In this section, the term `eligible 
     school of nursing' means a school of nursing that--
       ``(1) is accredited by a nursing accrediting agency 
     recognized by the Secretary of Education;
       ``(2) has a passage rate on the National Council Licensure 
     Examination for Registered Nurses of not less than 80 percent 
     for each of the 3 academic years preceding submission of the 
     grant application; and
       ``(3) has a graduation rate (based on the number of 
     students in a class who graduate relative to, for a 
     baccalaureate program, the number of students who were 
     enrolled in the class at the beginning of junior year or, for 
     an associate degree program, the number of students who were 
     enrolled in the class at the end of the first year) of not 
     less than 80 percent for each of the 3 academic years 
     preceding submission of the grant application.
       ``(e) Requirements.--The Secretary may award a grant under 
     this section to an eligible school of nursing only if the 
     school gives assurances satisfactory to the Secretary that, 
     for each academic year for which the grant is awarded, the 
     school will comply with the following:
       ``(1) The school will maintain a passage rate on the 
     National Council Licensure Examination for Registered Nurses 
     of not less than 80 percent.
       ``(2) The school will maintain a graduation rate (as 
     described in subsection (d)(3)) of not less than 80 percent.
       ``(3)(A) Subject to subparagraphs (B) and (C), the first-
     year enrollment of full-time nursing students in the school 
     will exceed such enrollment for the preceding academic year 
     by 5 percent or 5 students, whichever is greater.
       ``(B) Subparagraph (A) shall not apply to the first 
     academic year for which a school receives a grant under this 
     section.
       ``(C) With respect to any academic year, the Secretary may 
     waive application of subparagraph (A) if--
       ``(i) the physical facilities at the school involved limit 
     the school from enrolling additional students; or
       ``(ii) the school has increased enrollment in the school 
     (as described in subparagraph (A)) for each of the 2 
     preceding academic years.
       ``(4) Not later than 1 year after receiving a grant under 
     this section, the school will formulate and implement a plan 
     to accomplish at least 2 of the following:
       ``(A) Establishing or significantly expanding an 
     accelerated baccalaureate degree nursing program designed to 
     graduate new nurses in 12 to 18 months.
       ``(B) Establishing cooperative intradisciplinary education 
     among schools of nursing with a view toward shared use of 
     technological resources, including information technology.
       ``(C) Establishing cooperative interdisciplinary training 
     between schools of nursing and schools of allied health, 
     medicine, dentistry, osteopathy, optometry, podiatry, 
     pharmacy, public health, or veterinary medicine, including 
     training for the use of the interdisciplinary team approach 
     to the delivery of health services.
       ``(D) Integrating core competencies on evidence-based 
     practice, quality improvements, and patient-centered care.
       ``(E) Increasing admissions, enrollment, and retention of 
     qualified individuals who are financially disadvantaged.
       ``(F) Increasing enrollment of minority and diverse student 
     populations.
       ``(G) Increasing enrollment of new graduate baccalaureate 
     nursing students in graduate programs that educate nurse 
     faculty members.
       ``(H) Developing post-baccalaureate residency programs to 
     prepare nurses for practice in specialty areas where nursing 
     shortages are most severe.
       ``(I) Increasing integration of geriatric content into the 
     core curriculum.
       ``(J) Partnering with economically disadvantaged 
     communities to provide nursing education.
       ``(K) Expanding the ability of nurse managed health centers 
     to provide clinical education training sites to nursing 
     students.
       ``(5) The school will submit an annual report to the 
     Secretary that includes updated information on the school 
     with respect to student enrollment, student retention, 
     graduation rates, passage rates on the National Council 
     Licensure Examination for Registered Nurses, the number of 
     graduates employed as nursing faculty or nursing care 
     providers within 12 months of graduation, and the number of 
     students who are accepted into graduate programs for further 
     nursing education.
       ``(6) The school will allow the Secretary to make on-site 
     inspections, and will comply with the Secretary's requests 
     for information, to determine the extent to which the school 
     is complying with the requirements of this section.
       ``(f) Reports to Congress.--The Secretary shall evaluate 
     the results of grants under this section and submit to 
     Congress--
       ``(1) not later than 18 months after the date of the 
     enactment of this section, an interim report on such results; 
     and
       ``(2) not later than September 30, 2010, a final report on 
     such results.
       ``(g) Application.--An eligible school of nursing seeking a 
     grant under this section shall submit an application to the 
     Secretary at such time, in such manner, and containing such 
     information and assurances as the Secretary may require.
       ``(h) Authorization of Appropriations.--In addition to the 
     amounts in the Domestic Nursing Enhancement Account, 
     established under section 833, there are authorized to be 
     appropriated such sums as may be necessary to carry out this 
     section.

     ``SEC. 833. DOMESTIC NURSING ENHANCEMENT ACCOUNT.

       ``(a) Establishment.--There is established in the general 
     fund of the Treasury a separate account which shall be known 
     as the `Domestic Nursing Enhancement Account.' 
     Notwithstanding any other provision of law, there shall be 
     deposited as offsetting receipts into the account all fees 
     collected under section 106(d)(5) of the American 
     Competitiveness in the Twenty-first Century Act of 2000 
     (Public Law 106-313; 8 U.S.C. 1153 note). Nothing in this 
     subsection shall prohibit the depositing of other moneys into 
     the account established under this section.
       ``(b) Use of Funds.--Amounts collected under section 
     106(d)(5) of the American Competitiveness in the Twenty-first 
     Century Act of 2000, and deposited into the account 
     established under subsection (a) shall be used by

[[Page 27959]]

     the Secretary of Health and Human Services to carry out 
     section 832. Such amounts shall be available for obligation 
     only to the extent, and in the amount, provided in advance in 
     appropriations Acts. Such amounts are authorized to remain 
     available until expended.''.
       (c) Global Health Care Cooperation.--
       (1) 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).''.
       (2) Rulemaking.--
       (A) 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 subsection.
       (B) Content.--The regulations promulgated pursuant to 
     paragraph (1) shall--
       (i) permit an eligible alien (as defined in section 317A of 
     the Immigration and Nationality Act, as added by paragraph 
     (1)) 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;
       (ii) 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
       (iii) 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.
       (3) Technical and conforming amendments.--
       (A) 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 at the end the following: ``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,''.
       (B) 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),''.
       (C) 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,''.
       (D) 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.''.
       (4) Authorization of appropriations.--There are authorized 
     to be appropriated to U.S. Citizenship and Immigration 
     Services such sums as may 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 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.''.

       (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 enactment of this Act.
       (B) Application by the secretary.--Not later than the 
     effective date described in subparagraph (A), 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 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.
                                 ______
                                 
  SA 3450. Mr. HARKIN (for Mr. DeMint) proposed an amendment to 
amendment SA 3325 proposed by Mr. Harkin (for himself and Mr. Specter) 
to the bill H.R. 3043, making appropriations for the Departments of 
Labor, Health and Human Services, and Education, and related agencies 
for the fiscal year ending September 30, 2008, and for other purposes; 
as follows:

       At the appropriate place, insert the following:
       Sec. ___.  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 and 
     301-10.124 of title 41 of the Code of Federal Regulations.

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