[Congressional Bills 112th Congress]
[From the U.S. Government Publishing Office]
[S. 1979 Introduced in Senate (IS)]
112th CONGRESS
1st Session
S. 1979
To provide incentives to physicians to practice in rural and medically
underserved communities and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
December 12, 2011
Mr. Conrad (for himself and Mr. Moran) introduced the following bill;
which was read twice and referred to the Committee on the Judiciary
_______________________________________________________________________
A BILL
To provide incentives to physicians to practice in rural and medically
underserved communities and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Conrad State 30 Improvement Act''.
SEC. 2. ELIMINATION OF SUNSET PROVISION OF CONRAD STATE 30 PROGRAM.
Section 220(c) of the Immigration and Nationality Technical
Corrections Act of 1994 (8 U.S.C. 1182 note) is amended by striking
``and before September 30, 2012''.
SEC. 3. RETAINING PHYSICIANS IN MEDICALLY UNDERSERVED COMMUNITIES.
Section 203(b)(1) of the Immigration and Nationality Act (8 U.S.C.
1151(b)(1)) is amended--
(1) in the matter preceding subparagraph (A), by striking
``(A) through (C):'' and inserting a colon; and
(2) by adding at the end the following:
``(D) Certain physicians who have served in
medically underserved communities under section
214(l).--
``(i) Physicians described.--An alien is
described in this subparagraph if the alien has
completed service requirements of a waiver or
exemption requested under section 214(l), plus
an additional 2 years at the location
identified in the section 214(l) waiver or
exemption or in an area or areas designated by
the Secretary of Health and Human Services as
having a shortage of health care professionals,
including alien physicians who completed such
service before the date of enactment of the
Conrad State 30 Improvement Act.
``(ii) Construction.--Nothing in this
subparagraph may be construed--
``(I) to prevent the filing of a
petition with the Secretary of Homeland
Security for classification under
section 204(a) or the filing of an
application for adjustment of status
under section 245 by an alien physician
described in this subparagraph prior to
the date by which such alien physician
has completed the service described in
section 214(l) or worked full-time as a
physician for an aggregate of 5 years
at the location identified in the
section 214(l) waiver or exemption or
in an area or areas designated by the
Secretary of Health and Human Services
as having a shortage of health care
professionals; or
``(II) to permit the Secretary of
Homeland Security to grant such a
petition or application until the alien
has satisfied all the requirements of
the waiver or exemption received under
section 214(l).''.
SEC. 4. INCENTIVES FOR PHYSICIANS TO PRACTICE IN MEDICALLY UNDERSERVED
COMMUNITIES.
Section 214(g) of the Immigration and Nationality Act (8 U.S.C.
1184(g)) is amended, by adding at the end the following:
``(12) An alien physician described in section 212(j)(2)(B) who
entered or is seeking to enter the United States as a nonimmigrant
described in section 101(a)(15)(H)(i)(b) to pursue graduate medical
education or training shall not be subject to the limitations described
in paragraph (1) or (4), provided that the period of authorized
admission of such alien as an H-1B nonimmigrant may not extend beyond
the 6-year period beginning on the date on which the alien receives the
exemption described in subparagraph (A), other than extensions
authorized by section 104 or 106 of the American Competitiveness in the
Twenty-First Century Act of 2000 (Public Law 106-313; 114 Stat. 1251)
or an amendment made by such section, if an interested State agency
submits a request for an exemption under section 214(l)(1)(B), but not
1 of the 10 waivers or exemptions described in subsection
(l)(1)(D)(ii).''.
SEC. 5. RESTRICTIONS ON WAIVERS AND PHYSICIAN PROTECTIONS.
(a) In General.--Section 214(l)(1) of the Immigration and
Nationality Act (8 U.S.C. 1184(l)(1)) is amended--
(1) by amending the matter preceding subparagraph (A) to
read as follows:
``(1) In the case of a request by an interested State agency, or by
an interested Federal agency, for a waiver by the Secretary of Homeland
Security of the 2-year foreign residence requirement under section
212(e) on behalf of an alien described in clause (iii) of such section
or in the case of a request to the Secretary of State for certification
of an exemption from the limitation described in paragraphs (1) and (4)
of subsection (g) on behalf of an alien described in paragraph (12) of
such subsection, the Secretary of Homeland Security and the Secretary
of State shall not grant such waiver or exemption certification
unless--'';
(2) in subparagraph (A), by striking ``United States
Information Agency'' and inserting ``Secretary of State'';
(3) in subparagraph (B), by striking ``would not cause the
number of waivers allotted for that State for that fiscal year
to exceed 30;'' and inserting ``or exemption would not cause
the total number of waivers plus the total number of exemptions
allotted for that State for that fiscal year to exceed 30,
unless such allotment is increased pursuant to paragraph
(4);'';
(4) in subparagraph (C), by striking clauses (i) and (ii)
and inserting the following:
``(i) the alien demonstrates a bona fide offer of
full-time employment, at a health care organization,
which employment has been determined by the Secretary
of Homeland Security to be in the public interest;
``(ii) the alien agrees to begin employment with
the health facility or health care organization in a
geographic area or areas which are designated by the
Secretary of Health and Human Services as having a
shortage of health care professionals by the later of
the date that is 90 days after receiving such waiver or
exemption, 90 days after completing graduate medical
education or training under a program approved pursuant
to section 212(j)(1), or 90 days after receiving
nonimmigrant status or employment authorization, and
agrees to continue to work for a total of not less than
3 years in any status authorized for such employment
under this subsection unless--
``(I) the Secretary determines that
extenuating circumstances exist that justify a
lesser period of employment at such facility or
organization, in which case the alien shall
demonstrate another bona fide offer of
employment at a health facility or health care
organization, for the remainder of such 3-year
period;
``(II) the interested State agency that
requested the waiver or exemption attests that
extenuating circumstances exist that justify a
lesser period of employment at such facility or
organization in which case the alien shall
demonstrate another bona fide offer of
employment at a health facility or health care
organization so designated by the Secretary of
Health and Human services, for the remainder of
such 3-year period; or
``(III) if the alien elects not to pursue a
determination of extenuating circumstances
pursuant to subclause (I) or (II), the alien
terminates the alien's employment relationship
with such facility or organization, in which
case the alien shall be employed for the
remainder of such 3-year period, and 1
additional year for each termination, at
another health facility or health care
organization in a geographic area or areas
which are designated by the Secretary of Health
and Human Services as having a shortage of
health care professionals;''; and
(5) in subparagraph (D)--
(A) in clause (ii), by striking ``would not cause
the number of the waivers'' and inserting ``or
exemption would not cause the total number of waivers
and exemptions''; and
(B) in clause (iii), by inserting ``or exemption''
after ``waiver''.
(b) Change of Status.--Section 214(l)(2)(A) of the Immigration and
Nationality Act (8 U.S.C. 1184(l)(2)(A)) is amended--
(1) by striking ``Attorney General'' and inserting
``Secretary of Homeland Security''; and
(2) by inserting ``described in section 212(e)(iii)'' after
``status of an alien''.
SEC. 6. ALLOTMENT OF WAIVERS AND EXTENSIONS; LIMITATION OF WAIVERS OF
PERIOD OF AUTHORIZED ADMISSION; OTHER PHYSICIAN
PROTECTIONS.
Section 214(l) of the Immigration and Nationality Act (8 U.S.C.
1184(l)) is amended by adding at the end the following:
``(4)(A)(i) All States shall be allotted a total of 35 waivers and
exemptions under paragraph (1)(B) for a fiscal year if, during the
previous fiscal year, the total number of waivers and exemptions
awarded to all the States is at least 90 percent of the total number of
the waivers and exemptions available to the States that received 5 or
more such waivers or exemptions.
``(ii) When an allocation has occurred under clause (i), all States
shall be allotted an additional 5 waivers and exemptions under
paragraph (1)(B) for each subsequent fiscal year if, during the
previous fiscal year, the total number of waivers and exemptions
awarded to all the States is at least 90 percent of the total number of
the waivers and exemptions available to the States that received 5 or
more such waivers or exemptions.
``(B) Any increase in allotments under subparagraph (A) shall be
maintained indefinitely, unless in a fiscal year, the total number of
such waivers and exemptions granted is 5 percent lower than in the last
year in which there was an increase in the number of waivers and
exemptions allotted pursuant to this paragraph, in which case--
``(i) the number of waivers and exemptions allotted shall
be decreased by 5 for all States beginning in the next fiscal
year; and
``(ii) each additional 5 percent decrease in such waivers
and exemptions granted from the last year in which there was an
increase in the allotment, shall result in an additional
decrease of 5 waivers and exemptions allotted for all States,
provided that the number of waivers and exemptions allotted for
all States shall not drop below 30.
``(5) An alien granted a waiver or exemption under paragraph (1)(C)
shall enter into an employment agreement with the contracting health
facility or health care organization that--
``(A) specifies the maximum number of on-call hours per
week (which may be a monthly average) that the alien will be
expected to be available and the compensation the alien will
receive for on-call time;
``(B) specifies whether the contracting facility or
organization will pay for the alien's malpractice insurance
premiums, including whether the employer will provide
malpractice insurance and, if so, the amount of such insurance
that will be provided;
``(C) describes all of the work locations that the alien
will work and a statement that the contracting facility or
organization will not add additional work locations without the
approval of the Federal agency or State agency that requested
the waiver or exemption; and
``(D) does not include a non-compete provision.
``(6) An alien granted a waiver or exemption under paragraph (1)(C)
whose employment relationship with a health facility or health care
organization terminates during the 3-year service period required by
such paragraph--
``(A) shall have a period of 120 days beginning on the date
of such termination of employment to submit to the Secretary of
Homeland Security applications or petitions to commence
employment with another contracting health facility or health
care organization in a geographic area or areas which are
designated by the Secretary of Health and Human Services as
having a shortage of health care professionals; and
``(B) shall be considered to be maintaining lawful status
in an authorized stay during the 120-day period referred to in
subsection (A).
``(7) Notwithstanding paragraph (1)--
``(A) an alien that terminates the alien's employment
relationship with a health facility or health care
organization, except under paragraph (1)(C)(ii)(III), shall not
be eligible for an exemption from the limitations described in
paragraphs (1) and (4) of subsection (g); and
``(B) if such an alien was previously granted such
exemption, the Secretary of Homeland Security shall rescind
such exemption.''.
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