S.Amdt. 4090

1. Adds SEC. 766. GLOBAL HEALTHCARE COOPERATION at the end of subtitle F of title VII

   Adds a section

   Inserted: SEC. 766. 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 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 healthcare worker in a candidate country. During such period the eligible alien and such spouse or child shall be considered--

   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 applicable fiscal year, 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 applicable fiscal year; 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; and

   Inserted: "(B) is a physician or other healthcare worker.

   Inserted: "(c) Consultation.--The Secretary of Homeland Security shall consult with the Secretary of State in carrying out this subsection.

   Inserted: "(d) 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 immediate 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) Rulemaking.--

   Inserted: (1) Requirement.--Not later than 6 months after the date of the enactment of this Act, the Secretary shall promulgate regulations to carry out the amendments made by this section.

   Inserted: (2) Content.--The regulations required by paragraph (1) shall--

   Inserted: (A) 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;

   Inserted: (B) 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

   Inserted: (C) 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.

   Inserted: (c) Technical and Conforming Amendments.--The Immigration and Nationality Act is amended as follows:

   Inserted: (1) Section 101(a)(13)(C)(ii) (8 U.S.C. 1101(a)(13)(C)(ii)) is amended by adding at the end "except in the case of an eligible alien, or the spouse or child of such alien, authorized to be absent from the United States pursuant to section 317A,".

   Inserted: (2) Section 211(b) (8 U.S.C. 1181(b)) is amended by inserting ", including an eligible alien authorized to reside in a foreign country pursuant to section 317A and the spouse or child of such eligible alien, if appropriate," after "101(a)(27)(A),".

   Inserted: (3) 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 pursuant to section 317A and the spouse or child of such eligible alien, if appropriate," after "Act,".

   Inserted: (4) Section 319(b)(1)(B) (8 U.S.C. 1430(b)(1)(B)) is amended by inserting "an eligible alien who is residing or has resided in a foreign country pursuant to section 317A" before "and" at the end.

   Inserted: (5) The table of contents is amended by inserting after the item relating to section 317 the following:

   Inserted: "Sec. 317A. Temporary absence of aliens providing healthcare in developing countries.".

   Inserted: (d) Authorization of Appropriations.--There are authorized to be appropriated to the Bureau of Citizenship and Immigration Services such sums as may be necessary to carry out this section and the amendments made by this section.

   Inserted: SEC. 767. ATTESTATION BY HEALTHCARE WORKERS.

   Inserted: (a) Requirement for Attestation.--Section 212(a)(5) (8 U.S.C. 1182(a)(5)) is amended by adding at the end the following new subparagraph:

   Inserted: "(E) Healthcare 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 physician or other healthcare 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.

   Inserted: "(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 healthcare worker in consideration for a commitment to work as a physician or other healthcare worker in the alien's country of origin or the alien's country of residence.

   Inserted: "(iii) Waiver.--The Secretary of Homeland Security may waive a finding of inadmissibility under clause (i) if the Secretary determines that--

   Inserted: "(I) the obligation was incurred by coercion or other improper means;

   Inserted: "(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

   Inserted: "(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.".

   Inserted: (b) Effective Date and Application.--

   Inserted: (1) Effective date.--The amendment made by subsection (a) shall become effective 180 days after the date of the enactment of this Act.

   Inserted: (2) Application by the secretary.--The Secretary shall begin to carry out the subparagraph (E) of section 212(a)(5) of the Immigration and Nationality Act (8 U.S.C. 1182(a)(5)), as added by subsection (a), not later than the effective date described in paragraph (1), including the requirement for the attestation and the granting of a waiver described in such subparagraph, regardless of whether regulations to implement such subparagraph have been promulgated.

   Original wording

   At the end of subtitle F of title VII, insert the following new section:

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As printed