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[106th Congress Public Law 406]
[From the U.S. Government Printing Office]

<DOC>
[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

[[Page 114 STAT. 1756]]

                                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

[[Page 114 STAT. 1757]]

                      which an annual report under clause (i) is past 
                      due and has not been submitted.''.

    Approved November 1, 2000.

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.

                                  <all>
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