[Congressional Bills 106th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2961 Introduced in House (IH)]







106th CONGRESS
  1st Session
                                H. R. 2961

  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.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                           September 28, 1999

Mr. Bentsen (for himself, Mr. Archer, Mr. Frank of Massachusetts, Mrs. 
 Morella, Mr. Lampson, Mrs. Northup, Mr. Green of Texas, Mr. Brady of 
Texas, Ms. Eddie Bernice Johnson of Texas, Mr. Reyes, and Mr. Gonzalez) 
 introduced the following bill; which was referred to the Committee on 
                             the Judiciary

_______________________________________________________________________

                                 A BILL


 
  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 1999''.

SEC. 2. THREE-YEAR PILOT PROGRAM TO EXTEND THE PERIOD FOR VOLUNTARY 
              DEPARTURE FOR CERTAIN NONIMMIGRANT ALIENS REQUIRING 
              MEDICAL TREATMENT WHO WERE ADMITTED TO THE UNITED STATES 
              UNDER THE VISA WAIVER PILOT PROGRAM.

    (a) In General.--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) 3-year pilot program waiver.--During the 
                period January 1, 2000, through December 31, 2002 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 
                        1 adult may be granted a waiver under 
                        subparagraph (B)(ii).
                            ``(II) Not more than 2 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) 1 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.''.
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