Amends: (1) PRWORA concerning the status as qualified alien for nonimmigrant "U" visa holders; and (2) the Immigration and Nationality Act concerning treatment of family-sponsored battered aliens under the public charge provisions of such Act.
Provides that benefits provided to battered aliens are not subject to reimbursement under PRWORA.
[Congressional Bills 107th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2258 Introduced in House (IH)]
107th CONGRESS
1st Session
H. R. 2258
To amend title IV of the Personal Responsibility and Work Opportunity
Reconciliation Act of 1996 to provide for the eligibility of certain
aliens suffering from domestic abuse for SSI, food stamps, TANF,
Medicaid, SSBG, and certain other public benefit programs, and for
other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
June 20, 2001
Mr. Levin (for himself, Mrs. Morella, Ms. Ros-Lehtinen, and Ms. Pelosi)
introduced the following bill; which was referred to the Committee on
Ways and Means, and in addition to the Committees on Energy and
Commerce, Agriculture, and the Judiciary, for a period to be
subsequently determined by the Speaker, in each case for consideration
of such provisions as fall within the jurisdiction of the committee
concerned
_______________________________________________________________________
A BILL
To amend title IV of the Personal Responsibility and Work Opportunity
Reconciliation Act of 1996 to provide for the eligibility of certain
aliens suffering from domestic abuse for SSI, food stamps, TANF,
Medicaid, SSBG, and certain other public benefit programs, 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 ``Women Immigrants Safe Harbor Act of
2001''.
SEC. 2. ELIGIBILITY FOR CERTAIN PUBLIC BENEFITS OF ALIENS SUFFERING
FROM DOMESTIC ABUSE.
(a) Exemption From SSI and Food Stamps Ban.--Section 402(a)(2) of
the Personal Responsibility and Work Opportunity Reconciliation Act of
1996 (8 U.S.C. 1612(a)(2)) is amended by adding at the end the
following:
``(L) Battered aliens.--With respect to eligibility
for benefits for a specified Federal program (as
defined in paragraph (3)), paragraph (1) shall not
apply to an alien who--
``(i) is described in section 431(c),
``(ii) is described in section 431(b) and
also is described in section 431(c), other than
paragraphs (1)(B), (2)(B), and (3)(B), or
``(iii) is described in section
431(b)(8).''.
(b) Exemption From TANF, Medicaid, and SSBG Ban.--Section 402(b)(2)
of the Personal Responsibility and Work Opportunity Reconciliation Act
of 1996 (8 U.S.C. 1612(b)(2)) is amended by adding after subparagraph
(F) the following new subparagraph:
``(G) Battered aliens.--An alien who--
``(i) is described in section 431(c),
``(ii) is described in section 431(b) and
also is described in section 431(c), other than
paragraphs (1)(B), (2)(B), and (3)(B), or
``(iii) is described in section
431(b)(8).''.
(c) Exemption From 5-Year Ban for Federal Means-Tested Public
Benefits.--Section 403(b) of the Personal Responsibility and Work
Opportunity Reconciliation Act of 1996 (8 U.S.C. 1613(b)) is amended by
adding at the end the following:
``(3) Battered aliens.--An alien who--
``(i) is described in section 431(c),
``(ii) is described in section 431(b) and also is
described in section 431(c), other than paragraphs
(1)(B), (2)(B), and (3)(B),
``(iii) is described in section
431(b)(8).''.
(d) Expansion of Definition of Battered Aliens.--
(1) In general.--Section 431(c) of the Personal
Responsibility and Work Opportunity Reconciliation Act of 1996
(8 U.S.C. 1641(c)) is amended--
(A) in paragraphs (1)(A), (2)(A), and (3)(A) by
inserting `` or the benefits to be provided would
alleviate the harm from such battery or cruelty or
would enable the alien to avoid such battery or cruelty
in the future'' before the semicolon; and
(B) in the matter following paragraph (3), by
inserting `` and for determining whether the benefits
to be provided under a specific Federal, State, or
local program would alleviate the harm from such
battery or extreme cruelty or would enable the alien to
avoid such battery or extreme cruelty in the future''
before the period.
(2) Conforming amendment regarding sponsor deeming.--
Section 421(f)(1) of the Personal Responsibility and Work
Opportunity Reconciliation Act of 1996 (8 U.S.C. 1631(f)(1)) is
amended--
(A) in subparagraph (A), by inserting ``or would
alleviate the harm from such battery or cruelty, or
would enable the alien to avoid such battery or cruelty
in the future'' before the semicolon; and
(B) in subparagraph (B), by inserting ``or would
alleviate the harm from such battery or cruelty, or
would enable the alien to avoid such battery or cruelty
in the future'' before the period.
(e) Status as Qualified Alien for Nonimmigrant ``U'' Visa
Holders.--Section 431(b) of the Personal Responsibility and Work
Opportunity Reconciliation Act of 1996 (8 U.S.C. 1641(b)) is amended--
(A) by striking `or'' at the end of paragraph (6);
(B) by striking the period at the end of paragraph
(7) and inserting ``, or''; and
(C) by adding at the end the following new
paragraph:
``(8) status as a nonimmigrant under section 101(a)(15)(U)
of the Immigration and Nationality Act.''.
(f) Conforming Definition of ``Family'' Used in Laws Granting
Federal Public Benefit Access for Battered Aliens to State Family
Law.--Section 431(c) of the Personal Responsibility and Work
Opportunity Reconciliation Act of 1996 (8 U.S.C. 1641(c)) is amended--
(1) in paragraph (1)(A), by striking ``by a spouse or a
parent, or by a member of the spouse or parent's family
residing in the same household as the alien and the spouse or
parent consented to, or acquiesced in, such battery or
cruelty,'' and inserting ``by a spouse, parent, son, or
daughter, or by any individual having a relationship with the
alien covered by the civil or criminal domestic violence
statutes of the State or Indian country where the alien
resides, or the State or Indian country in which the alien, the
alien's child, or the alien child's parents received a
protection order, or by any individual against whom the alien
could obtain a protection order,''; and
(2) in paragraph (2)(A), by striking ``by a spouse or
parent of the alien (without the active participation of the
alien in the battery or cruelty), or by a member of the spouse
or parent's family residing in the same household as the alien
and the spouse or parent consented or acquiesced to such
battery or cruelty,'' and inserting ``by a spouse, parent, son,
or daughter of the alien (without the active participation of
alien in the battery or cruelty) or by any individual having a
relationship with the alien covered by the civil or criminal
domestic violence statutes of the State or Indian county where
the alien resides, or the State or Indian country in which the
alien, the alien's child, or the alien child's parent received
a protection order, or by any individual against whom the alien
could obtain a protection order,''.
(g) Treatment of Family-Sponsored Battered Aliens Under the Public
Charge Provisions of Section 212 of the INA.--Section 212(a)(4)(A) of
the Immigration and Nationality Act (8 U.S.C. 1182(a)(4)(A)) is
amended--
(1) by inserting ``(i)'' before ``Any alien'';
(2) by adding at the end the following:
``(ii) The provisions of this paragraph
shall not apply to an alien who is--
``(I) described in section 431(c)
of the Personal Responsibility and Work
Opportunity Reconciliation Act of 1996,
``(II) described in section 431(b)
of such Act and also is described in
section 431(c) of such Act, other than
paragraphs (1)(B), (2)(B), and (3)(B),
or
``(III) described in section
431(b)(8) of such Act.''; and
(3) by indenting clause (i) (as designated by paragraph (1)
of this subsection) and aligning such clause (i) with clause
(ii) of such subparagraph (as added by paragraph (2) of this
subsection).
(h) Benefits Provided to Battered Aliens Not Subject to
Reimbursement.--Section 423(d) of the Personal Responsibility and Work
Opportunity Reconciliation Act of 1996 is amended by adding after
paragraph (11) the following:
``(12) Benefits provided to an alien who--
``(i) is described in section 431(c),
``(ii) is described in section 431(b) and also is
described in section 431(c), other than paragraphs
(1)(B), (2)(B), and (3)(B), or
``(iii) is described in section
431(b)(8).''.
(i) Effective Date.--The amendments made by this section apply to
public benefits provided on or after the date of enactment of this Act.
<all>
Introduced in House
Introduced in House
Sponsor introductory remarks on measure. (CR E1159)
Referred to the Committee on Ways and Means, and in addition to the Committees on Energy and Commerce, Agriculture, and the Judiciary, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
Referred to the Committee on Ways and Means, and in addition to the Committees on Energy and Commerce, Agriculture, and the Judiciary, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
Referred to the Committee on Ways and Means, and in addition to the Committees on Energy and Commerce, Agriculture, and the Judiciary, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
Referred to the Committee on Ways and Means, and in addition to the Committees on Energy and Commerce, Agriculture, and the Judiciary, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
Referred to the Committee on Ways and Means, and in addition to the Committees on Energy and Commerce, Agriculture, and the Judiciary, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
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Referred to the Subcommittee on Human Resources.
Referred to the Subcommittee on Health, for a period to be subsequently determined by the Chairman.
Referred to the Subcommittee on Immigration and Claims.
Referred to the Subcommittee on Department Operations, Oversight, Nutrition and Forestry.