S.744 Immigration bill - Sec. 2404: ALLOTMENT OF CONRAD 30 WAIVERS

Posted Wed, Apr 17, 2013 at 4:56 pm

    (a) In General- Section 214(l) (8 U.S.C. 1184(l)), as amended by section 333(b), is further amended by adding at the end the following:

    `(6)(A)(i) All States shall be allotted a total of 35 waivers under paragraph (1)(B) for a fiscal year if 90 percent of the waivers available to the States receiving at least 5 waivers were used in the previous fiscal year.

    `(ii) When an allocation has occurred under clause (i), all States shall be allotted an additional 5 waivers under paragraph (1)(B) for each subsequent fiscal year if 90 percent of the waivers available to the States receiving at least 5 waivers were used in the previous fiscal year. If the States are allotted 45 or more waivers for a fiscal year, the States will only receive an additional increase of 5 waivers the following fiscal year if 95 percent of the waivers available to the States receiving at least 1 waiver were used in the previous fiscal year.

    `(B) Any increase in allotments under subparagraph (A) shall be maintained indefinitely, unless in a fiscal year, the total number of such waivers granted is 5 percent lower than in the last year in which there was an increase in the number of waivers allotted pursuant to this paragraph, in which case--

      `(i) the number of waivers 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 granted from the last year in which there was an increase in the allotment, shall result in an additional decrease of 5 waivers allotted for all States, provided that the number of waivers allotted for all States shall not drop below 30.'.

    (b) Academic Medical Centers- Section 214(l)(1)(D) (8 U.S.C. 1184(l)(1)(D)) is amended--

      (1) in clause (ii), by striking `and' at the end;

      (2) in clause (iii), by striking the period at the end and inserting `; and'; and

      (3) by adding at the end the following:

        `(iv) in the case of a request by an interested State agency--

          `(I) the head of such agency determines that the alien is to practice medicine in, or be on the faculty of a residency program at, an academic medical center (as that term is defined in section 411.355(e)(2) of title 42, Code of Federal Regulation, or similar successor regulation), without regard to whether such facility is located within an area designated by the Secretary of Health and Human Services as having a shortage of health care professionals; and

          `(II) the head of such agency determines that--

            `(aa) the alien physician's work is in the public interest; and

            `(bb) 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) and subject to paragraph (6)) in accordance with the conditions of this clause to exceed 3.'.

2404
ALLOTMENT OF CONRAD 30 WAIVERS