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< Back to current issue of Immigration Daily < Back to current issue of Immigrant's Weekly

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--H.R.2961--

H.R.2961

One Hundred Sixth Congress

of the

United States of America

AT THE SECOND SESSION

Begun and held at the City of Washington on Monday,

the twenty-fourth day of January, two thousand

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

Speaker of the House of Representatives.

Vice President of the United States and

President of the Senate.

END


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