[106th Congress Public Law 406]
[From the U.S. Government Printing Office]
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[DOCID: f:publ406.106]
[[Page 114 STAT. 1755]]
Public Law 106-406
106th Congress
An Act
To amend the Immigration and Nationality <<NOTE: Nov. 1, 2000 - [H.R.
2961]>> Act to authorize a 3-year pilot program under which the Attorney
General may extend the period for voluntary departure in the case of
certain nonimmigrant aliens who require medical treatment in the United
States and were admitted under the visa waiver pilot program, and for
other purposes.
Be it enacted by the Senate and House of <<NOTE: International
Patient Act of 2000.>> Representatives of the United States of America
in Congress assembled,
SECTION 1. <<NOTE: 8 USC 1101 note.>> SHORT TITLE.
This Act may be cited as the ``International Patient Act of 2000''.
SEC. 2. THREE-YEAR PILOT PROGRAM TO EXTEND VOLUNTARY DEPARTURE PERIOD
FOR CERTAIN NONIMMIGRANT ALIENS REQUIRING MEDICAL TREATMENT
WHO WERE ADMITTED UNDER VISA WAIVER PILOT PROGRAM.
Section 240B(a)(2) of the Immigration and Nationality Act (8 U.S.C.
1229c(a)(2)) is amended to read as follows:
``(2) Period.--
``(A) In general.--Subject to subparagraph (B),
permission to depart voluntarily under this subsection
shall not be valid for a period exceeding 120 days.
``(B) Three-year pilot program waiver.--During the
period October 1, 2000, through September 30, 2003, and
subject to subparagraphs (C) and (D)(ii), the Attorney
General may, in the discretion of the Attorney General
for humanitarian purposes, waive application of
subparagraph (A) in the case of an alien--
``(i) who was admitted to the United States as
a nonimmigrant visitor (described in section
101(a)(15)(B)) under the provisions of the visa
waiver pilot program established pursuant to
section 217, seeks the waiver for the purpose of
continuing to receive medical treatment in the
United States from a physician associated with a
health care facility, and submits to the Attorney
General--
``(I) a detailed diagnosis statement
from the physician, which includes the
treatment being sought and the expected
time period the alien will be required
to remain in the United States;
``(II) a statement from the health
care facility containing an assurance
that the alien's treatment is not being
paid through any Federal or State public
health assistance, that the alien's
account
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has no outstanding balance, and that
such facility will notify the Service
when the alien is released or treatment
is terminated; and
``(III) evidence of financial
ability to support the alien's day-to-
day expenses while in the United States
(including the expenses of any family
member described in clause (ii)) and
evidence that any such alien or family
member is not receiving any form of
public assistance; or
``(ii) who--
``(I) is a spouse, parent, brother,
sister, son, daughter, or other family
member of a principal alien described in
clause (i); and
``(II) entered the United States
accompanying, and with the same status
as, such principal alien.
``(C) Waiver limitations.--
``(i) Waivers under subparagraph (B) may be
granted only upon a request submitted by a Service
district office to Service headquarters.
``(ii) Not more than 300 waivers may be
granted for any fiscal year for a principal alien
under subparagraph (B)(i).
``(iii)(I) Except as provided in subclause
(II), in the case of each principal alien
described in subparagraph (B)(i) not more than one
adult may be granted a waiver under subparagraph
(B)(ii).
``(II) Not more than two adults may be granted
a waiver under subparagraph (B)(ii) in a case in
which--
``(aa) the principal alien described
in subparagraph (B)(i) is a dependent
under the age of 18; or
``(bb) one such adult is age 55 or
older or is physically handicapped.
``(D) Report to congress; suspension of waiver
authority.--
``(i) Not later than <<NOTE: Deadline.>> March
30 of each year, the Commissioner shall submit to
the Congress an annual report regarding all
waivers granted under subparagraph (B) during the
preceding fiscal year.
``(ii) Notwithstanding any other provision of
law, the authority of the Attorney General under
subparagraph (B) shall be suspended during any
period in
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which an annual report under clause (i) is past
due and has not been submitted.''.
Approved November 1, 2000.
LEGISLATIVE HISTORY--H.R. 2961:
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HOUSE REPORTS: No. 106-721 (Comm. on the Judiciary).
CONGRESSIONAL RECORD, Vol. 146 (2000):
July 18, considered and passed House.
Oct. 19, considered and passed Senate.
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