[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.
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