S.744 Immigration bill - Sec. 2316: GLOBAL HEALTH CARE COOPERATION
Posted Wed, Apr 17, 2013 at 4:56 pm
- (a) Temporary Absence of Aliens Providing Health Care in Developing Countries-
- (1) IN GENERAL- Title III (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 the Border Security, Economic Opportunity, and Immigration
Modernization Act, 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 shall promulgate
regulations to carry out the amendments made by this subsection.
- (B) CONTENT- The regulations promulgated pursuant to subparagraph (A) shall--
- (i) 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;
- (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) (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.
- (B) DOCUMENTARY REQUIREMENTS- Section 211(b) (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)
(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) 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.'.
- (b) Attestation by Health Care Workers-
- (1) ATTESTATION REQUIREMENT- Section 212(a)(5) (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- 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.
- (3) APPLICATION- Not later than the effective date
described in paragraph (2), 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.
2316
GLOBAL HEALTH CARE COOPERATION