PUBLIC LAW 106–406—NOV. 1, 2000 114 STAT. 1755

Public Law 106–406

106th Congress

An Act

To amend the Immigration and Nationality 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 Representatives of

the United States of America in Congress assembled,

SECTION 1. 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

8 USC 1101 note.

International

Patient Act of

2000.

Nov. 1, 2000

[H.R. 2961]

114 STAT. 1756 PUBLIC LAW 106–406—NOV. 1, 2000

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 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

Deadline.

PUBLIC LAW 106–406—NOV. 1, 2000 114 STAT. 1757

LEGISLATIVE HISTORY—H.R. 2961:

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.

Æ

which an annual report under clause (i) is past due

and has not been submitted.’’.

Approved November 1, 2000.