S.Amdt. 3302
What it does: Adds SEC. 412. GLOBAL HEALTHCARE COOPERATION on page 286, between lines 21 and 22What it changes
1 change to S. 2454
Adds SEC. 412. GLOBAL HEALTHCARE COOPERATION on page 286, between lines 21 and 22
Adds a sectionPrinted pageInserted: SEC. 412. GLOBAL HEALTHCARE COOPERATION.
Inserted: (a) Global Healthcare Cooperation.--Title III (8 U.S.C. 1401 et seq.) is amended by inserting after section 317 the following:
Inserted: "SEC. 317A. TEMPORARY ABSENCE OF ALIENS PROVIDING HEALTHCARE IN DEVELOPING COUNTRIES.
Inserted: "(a) In General.--Notwithstanding any other provision of this Act, the Secretary of Homeland Security shall allow an eligible alien to reside in a candidate country during the period the eligible alien is working as a health care worker in a candidate country and the eligible alien and the spouse or child of the eligible alien who are absent from the United States during the period the eligible alien is working as a health care worker in a candidate country, shall be considered, during such period--
Inserted: "(1) to be physically present and residing in the United States for purposes of naturalization under section 316(a); and
Inserted: "(2) to meet the continuous residency requirements under section 316(b).
Inserted: "(b) Definitions.--In this section:
Inserted: "(1) Candidate country.--The term 'candidate country' means a country that the Secretary of State determines is--
Inserted: "(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 fiscal year involved, as defined by the International Bank for Reconstruction and Development;
Inserted: "(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 fiscal year involved; or
Inserted: "(C) qualifies to be a candidate country due to special circumstances, including natural disasters or public health emergencies.
Inserted: "(2) Eligible alien.--The term 'eligible alien' means an alien who--
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Inserted: "(A) has been lawfully admitted to the United States for permanent residence;
Inserted: "(B) is a health care worker; and
Inserted: "(C) demonstrates an ability and willingness to reside in certain candidate countries and work as a health care professional.
Inserted: "(c) Family Members.--Notwithstanding any other provision of this Act, an eligible alien and the spouse or child of an eligible alien may--
Inserted: "(1) reside outside the United States during the time the eligible alien is working as a health care professional in a candidate country; and
Inserted: "(2) reenter the United States.
Inserted: "(d) Duration.--
Inserted: "(1) In general.--Except as provided under paragraph (2), an eligible alien may work in a candidate country as described in subsection (a) for a period of not more than 24 months.
Inserted: "(2) Extension of time.--The Secretary of Homeland Security may extend the 24-month period referred to in paragraph (1) if the Secretary determines that--
Inserted: "(A) the extension is in the national interest of the United States; or
Inserted: "(B) other extraordinary circumstances warrant the extension.
Inserted: "(e) Consultation With the Secretary of State.--The Secretary of Homeland Security shall consult with the Secretary of State in carrying out this subsection.
Inserted: "(f) Publication.--The Secretary of State shall publish--
Inserted: "(1) not later than 6 months after the date of the enactment of the Comprehensive Immigration Reform Act of 2006, and annually thereafter, a list of candidate countries; and
Inserted: "(2) an amendment to such list at any time to include any country that qualifies as a candidate country due to special circumstances under subsection (b)(1)(C).".
Inserted: (b) Table of Contents.--The table of contents for the Immigration and Nationality Act (8 U.S.C. 1101 et seq.) is amended by inserting after the item relating to section 317 the following:
Inserted: "Sec. 317A. Temporary absence of persons participating in the Global Healthcare Cooperation Program.".
Inserted: (c) Rulemaking.--Not later than 6 months after the date of the enactment of this Act, the Secretary shall promulgate regulations to carry out this section and the amendments made by this section.
Inserted: (d) Authorization of Appropriations.--There are authorized to be appropriated to the Bureau of Citizenship and Immigration Services for each of the fiscal years 2007 and 2008, such sums as may be necessary to carry out this section and the amendments made by this section.
Inserted: SEC. 413. ATTESTATION BY HEALTH CARE WORKERS.
Inserted: Section 212(a)(5) (8 U.S.C. 1182(a)(5)) is amended by adding at the end the following new subparagraph:
Inserted: "(E) Health care workers with other obligations.--
Inserted: "(i) In general.--An alien who seeks to enter the United States for the purpose of performing labor as a health care worker, including a physician, 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 that the alien is obligated to perform labor as a health care worker in another country, such as an obligation undertaken in a contract of service agreed to as part of the alien's education or training.
Inserted: "(ii) Waiver.--The Secretary of Homeland Security may waive a finding of inadmissibility under clause (i) if the Secretary determines that an obligation under clause (i) was incurred involuntarily, under coercion, or in other extraordinary circumstances.".
Original wording
On page 286, between lines 21 and 22, insert the following new section:
Read automatically from the Congressional Record. Check the original before relying on it.
As printed
SA 3302. Mr. DURBIN submitted an amendment intended to be proposed by him to the bill S. 2454, to amend the immigration and Nationality Act to provide for comprehensive reform and for other purposes; which was ordered to lie on the table; as follows:
On page 286, between lines 21 and 22, insert the following new section:
SEC. 412. GLOBAL HEALTHCARE COOPERATION.
(a) Global Healthcare Cooperation.--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 HEALTHCARE IN DEVELOPING COUNTRIES.
“(a) In General.--Notwithstanding any other provision of this Act, the Secretary of Homeland Security shall allow an eligible alien to reside in a candidate country during the period the eligible alien is working as a health care worker in a candidate country and the eligible alien and the spouse or child of the eligible alien who are absent from the United States during the period the eligible alien is working as a health care worker in a candidate country, shall be considered, during such period--
“(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 is--
“(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 fiscal year involved, 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 fiscal year involved; or
“(C) qualifies 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;
“(B) is a health care worker; and
“(C) demonstrates an ability and willingness to reside in certain candidate countries and work as a health care professional.
“(c) Family Members.--Notwithstanding any other provision of this Act, an eligible alien and the spouse or child of an eligible alien may--
“(1) reside outside the United States during the time the eligible alien is working as a health care professional in a candidate country; and
“(2) reenter the United States.
“(d) Duration.--
“(1) In general.--Except as provided under paragraph (2), an eligible alien may work in a candidate country as described in subsection (a) for a period of not more than 24 months.
“(2) Extension of time.--The Secretary of Homeland Security may extend the 24-month period referred to in paragraph (1) if the Secretary determines that--
“(A) the extension is in the national interest of the United States; or
“(B) other extraordinary circumstances warrant the extension.
“(e) Consultation With the Secretary of State.--The Secretary of Homeland Security shall consult with the Secretary of State in carrying out this subsection.
“(f) Publication.--The Secretary of State shall publish--
“(1) not later than 6 months after the date of the enactment of the Comprehensive Immigration Reform Act of 2006, and annually thereafter, a list of candidate countries; and
“(2) an amendment to such list at any time to include any country that qualifies as a candidate country due to special circumstances under subsection (b)(1)(C).”.
(b) Table of Contents.--The table of contents for the Immigration and Nationality Act (8 U.S.C. 1101 et seq.) is amended by inserting after the item relating to section 317 the following:
“Sec. 317A. Temporary absence of persons participating in the Global Healthcare Cooperation Program.”.
(c) Rulemaking.--Not later than 6 months after the date of the enactment of this Act, the Secretary shall promulgate regulations to carry out this section and the amendments made by this section.
(d) Authorization of Appropriations.--There are authorized to be appropriated to the Bureau of Citizenship and Immigration Services for each of the fiscal years 2007 and 2008, such sums as may be necessary to carry out this section and the amendments made by this section.
SEC. 413. ATTESTATION BY HEALTH CARE WORKERS.
Section 212(a)(5) (8 U.S.C. 1182(a)(5)) is amended by adding at the end the following new subparagraph:
“(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 health care worker, including a physician, 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 that the alien is obligated to perform labor as a health care worker in another country, such as an obligation undertaken in a contract of service agreed to as part of the alien's education or training.
“(ii) Waiver.--The Secretary of Homeland Security may waive a finding of inadmissibility under clause (i) if the Secretary determines that an obligation under clause (i) was incurred involuntarily, under coercion, or in other extraordinary circumstances.”.
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Senate amendment submitted
April 4, 2006