S.Amdt. 3442

1. Adds SECTION 1. RECAPTURE OF UNUSED EMPLOYMENT-BASED VISA NUMBERS wherever appropriate

   Adds a section

   Inserted: SECTION 1. RECAPTURE OF UNUSED EMPLOYMENT-BASED VISA NUMBERS.

   Inserted: (a) In General.--Section 106(d) of the American Competitiveness in the Twenty-first Century Act of 2000 (Public Law 106-313; 8 U.S.C. 1153 note) is amended--

   Inserted: (1) in paragraph (1)--

   Inserted: (A) by inserting "1994, 1996, 1997, 1998" after "available in fiscal year";

   Inserted: (B) by striking "or 2004" and inserting "2004, or 2006"; and

   Inserted: (C) by striking "be available" and all that follows and inserting the following: "be available only to--

   Inserted: "(A) employment-based immigrants under paragraph (1), (2), and (3)(A)(i) and (ii) of section 203(b) of the Immigration and Nationality Act (8 U.S.C. 1153(b));

   Inserted: "(B) the family members accompanying or following to join such employment-based immigrants under section 203( d) of such Act (8 U.S.C. 1153(d));

   Inserted: "(C) those immigrant workers who had petitions approved based on Schedule A, Group I under section 656.5 of title 20, Code of Federal Regulations, as promulgated by the Secretary of Labor; and

   Inserted: "(D) aliens seeking immigrant visas who:

   Inserted: (1) are otherwise admissible under the INA;

   Inserted: (2) achieve the highest scores on the Scholastic Aptitude Test or the American College Testing placement exam administered in that fiscal year; and

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   Inserted: (3) take the exams described in (2) above in the English language.";

   Inserted: (2) in paragraph (2)--

   Inserted: (A) in subparagraph (A), by striking "1999 through 2004" and inserting "1994, 1996 through 1998, 2001 through 2004, and 2006"; and

   Inserted: (B) in subparagraph (B), by amending clause (ii) to read as follows:

   Inserted: "Distribution of visas.--The total number of visas made available under paragraph (1) from unused visas from the fiscal years 1994, 1996 through 1998, 2001 through 2004, and 2006 shall be distributed as follows:

   Inserted: "(I) The total number of visas made available for immigrant workers who had petitions approved based on Schedule A, Group I under section 656.5 of title 20, Code of Federal Regulations, as promulgated by the Secretary of Labor, shall not be less than 61,000.

   Inserted: "(II) The total number of visas made available for qualifying immigrants under paragraph (1)(D) of section 106(d) of the American Competitiveness in the Twenty-first Century Act of 2000 (Public Law 106-313; 8 U.S.C. 1153 note), as amended by this Act shall not be greater than 17,000.

   Inserted: "(III) The total number of visas remaining from the total made available under paragraph (1) shall be allocated to employment-based immigrants with approved petitions under paragraph (1), (2), or (3)(A)(i) and (ii) of section 203(b) of the Immigration and Nationality Act (8 U.S.C. 1153(b)) and their family members accompanying or following to join under section 203(d) of such Act (8 U.S.C. 1153(d)).".

   Inserted: (3) by adding at the end the following:

   Inserted: "(4) Fee for recapture of unused employment-based immigrant visas.--

   Inserted: "(A) In general.--In addition to required filing fees, the Secretary shall impose a $1,500 recapture fee upon each petitioning employer who uses a visa number recaptured under this section.

   Inserted: "(B) The fee required under paragraph (A) shall not be imposed for the use of such visas if the employer demonstrates to the Secretary that--

   Inserted: "(I) the employer is a health care facility that is located in a county or parish that received individual and public assistance pursuant to Major Disaster Declaration number 1603 or 1607; or

   Inserted: "(II) the employer is a health care facility that has been designated as a Health Professional Shortage Area facility by the Secretary of Health and Human Services as defined in section 332 of the Public Health Service Act (42 U.S.C. 254e)."

   Inserted: "(5) Domestic worker enhancement account.--

   Inserted: "(A) Establishment.--There is established in the general fund to the Treasury a separate account which shall be known as the "Domestic Worker Enhancement Account." Notwithstanding any other provision of law, there shall be deposited as offsetting receipts into the account all fees collected under this section.

   Inserted: "(B) Use of funds.--Amounts deposited pursuant to paragraph 1(C) shall be made available to the Secretary of Health and Human Services for programs and projects described in subpart 1 of part A of title VIII of the Public Health Service Act (42 U.S.C. Sec. Sec. 201 et seq). Amounts deposited pursuant to paragraph 1(A) and (B) shall be made available to the Secretary of Labor for programs and projects described in Workforce Investment Act of 1998 (P.L. 105-220).

   Inserted: SECTION 2. CAPITATION GRANTS TO INCREASE THE NUMBER OF NURSING FACULTY AND STUDENTS.

   Inserted: Part D of title VIII of the Public Health Service Act (42 U.S.C. 296p et seq.) is amended by adding at the end the following:

   Inserted: "SEC. 832. CAPITATION GRANTS.

   Inserted: "(a) In General.--For the purpose described in subsection (b), the Secretary, acting through the Health Resources and Services Administration, shall award a grant each fiscal year in an amount determined in accordance with subsection (c) to each eligible school of nursing that submits an application in accordance with this section."

   Inserted: "(b) Purpose.--A funding agreement for a grant under this section is that the eligible school of nursing involved will expend the grant to increase the number of nursing faculty and students at the school, including by hiring new faculty, retaining current faculty, purchasing educational equipment and audiovisual laboratories, enhancing clinical laboratories, repairing and expanding infrastructure, or recruiting students.

   Inserted: "(c) Grant Computation.--

   Inserted: "(1) Amount per student.--Subject to paragraph (2), the amount of a grant to an eligible school of nursing under this section for a fiscal year shall be the total of the following:

   Inserted: "(A) $1,800 for each full-time or part-time student who is enrolled at the school in a graduate program in nursing that--

   Inserted: "(i) leads to a master's degree, a doctoral degree, or an equivalent degree; and

   Inserted: "(ii) prepares individuals to serve as faculty through additional course work in education and ensuring competency in an advanced practice area.

   Inserted: "(B) $1,405 for each full-time or part-time student who--

   Inserted: "(i) is enrolled at the school in a program in nursing leading to a bachelor of science degree, a bachelor of nursing degree, a graduate degree in nursing if such program does not meet the requirements of subparagraph (A), or an equivalent degree; and

   Inserted: "(ii) has not more than 3 years of academic credits remaining in the program.

   Inserted: "(C) $966 for each full-time or part-time student who is enrolled at the school in a program in nursing leading to an associate degree in nursing or an equivalent degree.

   Inserted: "(2) Limitation.--In calculating the amount of a grant to a school under paragraph (1), the Secretary may not make a payment with respect to a particular student--

   Inserted: "(A) for more than 2 fiscal years in the case of a student described in paragraph (1)(A) who is enrolled in a graduate program in nursing leading to a master's degree or an equivalent degree;

   Inserted: "(B) for more than 4 fiscal years in the case of a student described in paragraph (1)(A) who is enrolled in a graduate program in nursing leading to a doctoral degree or an equivalent degree;

   Inserted: "(C) for more than 3 fiscal years in the case of a student described in paragraph (1)(B); or

   Inserted: "(D) for more than 2 fiscal years in the case of a student described in paragraph (1)(C).

   Inserted: "(d) Eligibility.--In this section, the term 'eligible school of nursing' means a school of nursing that--

   Inserted: "(1) is accredited by a nursing accrediting agency recognized by the Secretary of Education;

   Inserted: "(2) has a passage rate on the National Counsel Licensure Examination for Registered Nurses of not less than 80 percent for each of the 3 academic years preceding submission of the grant application; and

   Inserted: "(3) has a graduation rate (based on the number of students in a class who graduate relative to, for a baccalaureate program, the number of students who were enrolled in the class at the beginning of junior year or, for an associate degree program, the number of students who were enrolled in the class at the end of the first year) of not less than 80 percent for each of the 3 academic years preceding submission of the grant application.

   Inserted: "(c) Requirements.--The Secretary may award a grant under this section to an eligible school of nursing only if the school gives assurances satisfactory to the Secretary that, for each academic year for which the grant is awarded, the school will comply with the following:

   Inserted: "(1) The school will maintain a passage rate on the National Council Licensure Examination for Registered Nurses of not less than 80 percent.

   Inserted: "(2) The school will maintain a graduation rate (as described in subsection (d)(3)) of not less than 80 percent.

   Inserted: "(3)(A) Subject to subparagraphs (B) and (C), the first year enrollment of full-time nursing students in the school will exceed such enrollment for the preceding academic year by 5 percent or 5 students, whichever is greater.

   Inserted: "(B) Subparagraph (A) shall not apply to the first academic year for which a school receives a grant under this section.

   Inserted: "(C) With respect to any academic year, the Secretary may waive application of subparagraph (A) if--

   Inserted: "(i) the physical facilities at the school involved limit the school from enrolling additional students; or

   Inserted: "(ii) the school has increased enrollment in the school (as described in subparagraph (A)) for each of the 2 preceding academic years.

   Inserted: "(4) Not later than 1 year after receiving a grant under this section, the school will formulate and implement a plan to accomplish at least 2 of the following:

   Inserted: "(A) Establishing or significantly expanding an accelerated baccalaureate degree nursing program designed to graduate new nurses in 12 to 18 months.

   Inserted: "(B) Establishing cooperative intradisciplinary education among schools of nursing with a view toward shared use of technological resources, including information technology.

   Inserted: "(C) Establishing cooperative interdisciplinary training between schools of nursing and schools of allied health, medicine, dentistry, osteopathy, optometry, podiatry, pharmacy, public health, or veterinary medicine, including for the use of the interdisciplinary team approach to the delivery of health services.

   Inserted: "(D) Integrating core competencies on evidence-based practice, quality improvements, and patient-centered care.

   Inserted: "(E) Increasing admissions, enrollment, and retention of qualified individuals who are financially disadvantaged.

   Inserted: "(F) Increasing enrollment of minority and diverse student populations.

   Inserted: "(G) increasing enrollment of new graduate baccalaureate residency programs to prepare nurses for practice in specialty areas where nursing shortages are most severe.

   Inserted: "(I) Increasing integration of geriatric content into the core curriculum.

   Inserted: "(J) Partnering with economically disadvantaged communities to provide nursing education.

   Inserted: "(K) Expanding the ability of nurse managed health centers to provide clinical education training sites to nursing students.

   Inserted: "(5) The school will submit an annual report to the Secretary that includes updated information on the school with respect to student enrollment, student retention, graduation rates, passage rates on the national Council Licensure Examination for Registered Nurses, the number of graduates employed as nursing faculty or nursing care providers within 12 months of graduation, and the number of students who are accepted into graduate programs for further nursing education.

   Inserted: "(6) The school will allow the Secretary to make on-site inspections, and will comply with the Secretary's request for information, to determine the extent to which the school is complying with the requirements of this section.

   Inserted: "(f) Reports to Congress.--The secretary shall evaluate the results of grants under this section and submit to Congress--

   Inserted: "(1) not later than 18 months after the date of enactment of the __ Act of 2007, an interim report on such results.

   Inserted: "(2) not later than September 30, 2010, a final report on such results.

   Inserted: "(g) Application.--An eligible school of nursing seeking a grant under this section shall submit an application to the Secretary at such time, in such manner, and containing such information and assurances as the Secretary may require.

   Inserted: "(h) Authorization of Appropriations.--The Secretary of the Treasury shall make available to the Secretary of Health and Human Services an amount equal to the total amount of fees collected in the Domestic Worker Enhancement Account, established under paragraph (5) of section 106(d) of the American Competitiveness in the Twenty-first Century Act of 2000 (Public Law 106-313; 8 U.S.C. 1153 note) as amended.

   Inserted: (d) Attestation by Health Care Workers.--

   Inserted: (1) Attestation requirement.--Section 212(a)(5) of the Immigration and Nationality Act (8 U.S.C. 1182(a)(5)) is amended by adding at the end the following:

   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 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.

   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 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.

   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: (2) Effective date; application.--

   Inserted: (A) 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.

   Inserted: (B) Application by the secretary.--Not later than the effective date described in subparagraph (A), 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.

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