[Congressional Bills 107th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3828 Introduced in House (IH)]







107th CONGRESS
  2d Session
                                H. R. 3828

   To provide additional protections for battered immigrant families.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                           February 28, 2002

 Ms. Schakowsky (for herself, Ms. Jackson-Lee of Texas, Mr. Frank, Ms. 
 Lofgren, Ms. Baldwin, Mr. Platts, Mrs. Mink of Hawaii, Ms. Millender-
McDonald, Mr. Kucinich, Ms. Woolsey, Ms. Kaptur, Mr. Payne, Ms. Roybal-
Allard, Mr. Owens, Ms. Norton, Mr. Frost, Mr. Jackson of Illinois, Mr. 
Waxman, Mr. Gonzalez, Mr. Underwood, Ms. McCollum, Mrs. Jones of Ohio, 
Mr. McDermott, Mr. Blagojevich, Mr. Hastings of Florida, Mr. Towns, Mr. 
   Serrano, Mr. Farr of California, Mr. Gutierrez, and Mr. Tierney) 
 introduced the following bill; which was referred to the Committee on 
 the Judiciary, and in addition to the Committees on Education and the 
Workforce, Ways and Means, Energy and Commerce, and Agriculture, 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 provide additional protections for battered immigrant families.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

    (a) Short Title.--This Act may be cited as the ``Battered Immigrant 
Family Relief Act of 2001''.
    (b) Table of Contents.--The table of contents of this Act is as 
follows:

Sec. 1. Short title; table of contents.
Sec. 2. Eligibility for certain public benefits of aliens suffering 
                            from domestic abuse.
Sec. 3. Ensuring that battered immigrants have access to food stamps 
                            and SSI.
Sec. 4. Effect on other goals.
Sec. 5. Reducing an abuser's control over a battered immigrant's 
                            immigration case.
Sec. 6. Access to legal services with non-LSC funds for any abuse 
                            victim and access to LSC funds for VAWA 
                            cases.
Sec. 7. Access to VAWA relief for battered immigrants brought into the 
                            United States on fiancee visas.
Sec. 8. Exemption for battered immigrant women who entered the United 
                            States on fiancee visas from conditional 
                            residency status requirement.
Sec. 9. Self-petitioning parents.
Sec. 10. Self-petitioning son or daughter.
Sec. 11. General discretionary waivers for inadmissibility and removal 
                            grounds.
Sec. 12. Exceptional circumstances.
Sec. 13. Access to VAWA for visa waiver applicants.
Sec. 14. Collection of information concerning violence against women 
                            funding.
Sec. 15. Adjustment of status for certain battered spouses and children 
                            of asylees.
Sec. 16. Effective dates.

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), and
                            ``(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 408(f)(6) of the Social Security Act (42 U.S.C. 
        608(f)(6)) is amended--
                    (A) in subparagraph (B), by striking ``or'' at the 
                end;
                    (B) in subparagraph (C), by striking the period at 
                the end and inserting ``; or''; and
                    (C) by adding at the end the following new 
                subparagraph:
                    ``(D) described in subsection (b)(8) or (c) of 
                section 431 of the Personal Responsibility and Work 
                Opportunity Reconciliation Act of 1996 (8 U.S.C. 
                1641).''.
    (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) an alien who is 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.

SEC. 3. ENSURING THAT BATTERED IMMIGRANTS HAVE ACCESS TO FOOD STAMPS 
              AND SSI.

    Section 435(2) of the Personal Responsibility and Work Opportunity 
Reconciliation Act of 1996 (8 U.S.C. 1645(2)) is amended by striking 
``and the alien remains married to such spouse or such spouse is 
deceased'' and inserting ``if such spouse is deceased or if the alien 
remains married to such spouse (except that qualified aliens covered by 
section 431(c) may continue after divorce to count the qualifying 
quarters worked by their spouse during the marriage)''.

SEC. 4. EFFECT ON OTHER GOALS.

    Section 287(g) of the Immigration and Nationality Act (8 U.S.C. 
1357(g)) is amended by adding at the end the following new paragraph:
    ``(11) Notwithstanding any other provision of this Act, no 
investigating or adjudicatory authority shall in the context of 
investigating, prosecuting, or adjudicating incidents of domestic 
violence or criminal activity make inquiry of any victim, witness, or 
any governmental authority relating to an individual's citizenship or 
alienage.''.

SEC. 5. REDUCING AN ABUSER'S CONTROL OVER A BATTERED IMMIGRANT'S 
              IMMIGRATION CASE.

    Section 205 of the Immigration and Nationality Act (8 U.S.C. 1155) 
is amended by adding at the end the following: ``Whenever a beneficiary 
of a petition filed under section 204 provides the Attorney General 
with credible evidence of battery or extreme cruelty as described in 
section 216(c)(4)(C), clause (iii), (iv), (v), (vii), or (viii) of 
section 204(a)(1)(A), or clause (ii), (iii), (iv), or (vi) of section 
204(a)(1)(B), the Attorney General shall adjudicate the petition filed 
under section 204 notwithstanding--
            ``(1) the withdrawal by the petitioner of the petition;
            ``(2) the failure of the petitioner to appear at the 
        interview;
            ``(3) the failure of the petitioner to file an affidavit of 
        support; or
            ``(4) a prior revocation or denial based on withdrawal of, 
        or failure to prosecute, the petition or any other 
        determination based on the petitioner's actions that could 
        result or have resulted in the denial or revocation of the 
        petition (but for this section).''.

SEC. 6. ACCESS TO LEGAL SERVICES WITH NON-LSC FUNDS FOR ANY ABUSE 
              VICTIM AND ACCESS TO LSC FUNDS FOR VAWA CASES.

    (a) In General.--Section 502 of the Departments of Commerce, 
Justice, and State, the Judiciary, and Related Agencies Appropriations 
Act, 1998 (Public Law 105-119; 111 Stat. 2510) is amended--
            (1) in subsection (a)(2), by striking subparagraph (C) and 
        inserting the following:
                    ``(C) subsection (a)(11) of such section 504 shall 
                not be construed to prohibit a recipient from using 
                funds derived from a source other than the Corporation 
                to provide related legal assistance to--
                            ``(i) an alien who has been battered or 
                        subjected to extreme cruelty, or who has been 
                        subjected to violence from which the alien is 
                        protected under the civil or criminal domestic 
                        violence laws (including criminal and civil or 
                        family violence laws) or family violence laws 
                        of the jurisdiction in which the recipient is 
                        located;
                            ``(ii) an alien whose child has been 
                        battered or subjected to extreme cruelty, or 
                        who has been subjected to violence from which 
                        the child is protected under the domestic 
                        violence laws or family violence laws described 
                        in clause (i), in a case in which the alien did 
                        not actively participate in such battery, 
                        cruelty, or violence;
                            ``(iii) any alien who has been battered or 
                        subjected to extreme cruelty who qualifies for 
                        classification under clause (iii), (iv), (v), 
                        (vii), or (viii) of section 204(a)(1)(A) of the 
                        Immigration and Nationality Act (8 U.S.C. 
                        1154(a)(1)(A)), clause (ii), (iii), (iv), or 
                        (vi) of section 204(a)(1)(B) of such Act (8 
                        U.S.C. 1154(a)(1)(B)), or subsection (b)(2) of 
                        section 240A of such Act (8 U.S.C. 1229b) or 
                        section 244(b)(3) of such Act (as in effect 
                        before the title III-A effective date in 
                        section 309 of the Illegal Immigration Reform 
                        and Immigrant Responsibility Act of 1996 (8 
                        U.S.C. 1101 note) to prevent or obtain relief 
                        from such battery or cruelty; or
                            ``(iv) any other alien who qualifies for 
                        classification as a crime victim under section 
                        101(a)(15)(T) or 101(a)(15)(U) of the 
                        Immigration and Nationality Act.''; and
            (2) in subsection (b)(2), by striking ``battery or 
        cruelty'' and inserting ``battery, cruelty, or other domestic 
        or family violence''.
    (b) Use of Remaining Balances.--Any funds appropriated for the 
Legal Services Corporation for fiscal year 1999, 2000, or 2001 and 
remaining available on the date of the enactment of this Act shall be 
subject to the terms and conditions set forth in section 502 of the 
Departments of Commerce, Justice, and State, the Judiciary, and Related 
Agencies Appropriations Act, 1998 (as amended by subsection (a)) rather 
than such section 502 as in effect before the date of the enactment of 
this Act.

SEC. 7. ACCESS TO VAWA RELIEF FOR BATTERED IMMIGRANTS BROUGHT INTO THE 
              UNITED STATES ON FIANCEE VISAS.

    Section 214(d) of the Immigration and Nationality Act (8 U.S.C. 
1184(d)) is amended by adding at the end the following: ``For aliens 
who entered the country on fiancee visas, failure to marry the sponsor 
within 90 days as required under section 101(a)(15)(K) shall not bar 
access to relief under clause (iii) or (iv) of section 204(a)(1)(A), 
under clause (ii) or (iii) of section 204(a)(1)(B), under section 
240A(b)(2), or under section  244(a)(3) (as in effect before the 
enactment of the Illegal Immigration Reform and Immigrant 
Responsibility Act of 1996) to aliens who otherwise qualify.''.

SEC. 8. EXEMPTION FOR BATTERED IMMIGRANT WOMEN WHO ENTERED THE UNITED 
              STATES ON FIANCEE VISAS FROM CONDITIONAL RESIDENCY STATUS 
              REQUIREMENT.

    Section 245(d) of the Immigration and Nationality Act (8 U.S.C. 
1255(d)) is amended by adding at the end the following: ``The previous 
provisions of this subsection shall not apply to aliens who seek 
adjustment of status on the basis of an approved self-petition for 
classification under clause (iii) or (iv) of section 204(a)(1)(A) or 
clause (ii) or (iii) of section 204(a)(1)(B).''.

SEC. 9. SELF-PETITIONING PARENTS.

    Section 204(a)(1)(A) of the Immigration and Nationality Act (8 
U.S.C. 1154(a)(1)(A)) is amended by adding at the end the following new 
clause:
    ``(vii) An alien who--
            ``(I) is the parent of a citizen of the United States or 
        was a parent of a citizen of the United States who within the 
        past two years died or lost immigration or renounced 
        citizenship status related to an incident of domestic violence;
            ``(II) is a person of good moral character;
            ``(III) is eligible to be classified as an immediate 
        relative under section 201(b)(2)(A)(i), and
            ``(IV) resides, or has resided in the past, with the 
        citizen daughter or son,
may file a petition with the Attorney General under this subparagraph 
for classification of the alien under such section if the alien 
demonstrates to the Attorney General that the alien has been battered 
by or has been the subject of extreme cruelty perpetrated by the 
alien's citizen son or daughter.''.

SEC. 10. SELF-PETITIONING SON OR DAUGHTER.

    (a) In General.--Section 204(a)(1)(A) of the Immigration and 
Nationality Act (8 U.S.C. 1154(a)(1)(A)), as amended by section 9, is 
further amended by adding at the end the following new clause:
    ``(viii) An alien who--
            ``(I) is the son or daughter of a citizen of the United 
        States or was the son or daughter of a citizen of the United 
        States who within the past two years died or lost immigration 
        or renounced citizenship status related to an incident of 
        domestic violence;
            ``(II) who is a person of good moral character;
            ``(III) is eligible for classification by reason of a 
        relationship described in section 203(a)(1), and
            ``(IV) who resides or has resided in the past with the 
        citizen parent,
may file a petition with the Attorney General under this subparagraph 
for classification of the alien (and any child of the alien) under such 
section if the alien demonstrates to the Attorney General that the 
alien has been battered by, or has been the subject of extreme cruelty 
perpetrated by, the alien's citizen parent and 1 or more incidents of 
battery or extreme cruelty occurred before the son or daughter reached 
the age of 21.''.
    (b) Conforming Amendments for This Section and Previous Section.--
            (1) Section 201(b)(2)(B)(i) of the Immigration and 
        Nationality Act (8 U.S.C. 1151(b)(2)(B)(i)) is amended--
                    (A) by striking ``or (iv)'' and inserting ``(iv), 
                or (viii)''; and
                    (B) by striking ``citizen spouse or parent'' and 
                inserting ``citizen spouse, parent, son, or daughter''.
            (2) Section 204(a)(1)(A)(v)(I) of such Act (8 U.S.C. 
        1154(a)(1)(A)(v)(I)) is amended by striking ``intended spouse, 
        or child'' and inserting ``intended spouse, child, son, or 
        daughter''.
            (3) Section 204(a)(1)(A)(v)(II) of such Act (8 U.S.C. 
        1154(a)(1)(A)(v)(II)) is amended by striking ``or (iv),'' and 
        inserting ``, (iv), or (viii),''.
            (4) Section 204(a)(1)(A)(vi) of such Act (8 U.S.C. 
        1154(a)(1)(A)(vi)) is amended by striking ``or (iv),'' and 
        inserting ``, (iv), (vii), or (viii),''.
            (5) Section 204(a)(1)(B)(iv)(I) of such Act (8 U.S.C. 
        1154(a)(1)(B)(iv)(I)) is amended--
                    (A) by striking ``or child'' and inserting ``child, 
                son, or daughter''; and
                    (B) by striking `` or (iii)'' and inserting ``, 
                (iii), or (vi)''.
            (6) Section 204(a)(1)(B)(v) of such Act (8 U.S.C. 
        1154(a)(1)(B)(v)) is amended by striking ``or (iii)'' and 
        inserting ``, (iii), or (vi)''.
            (7) Section 204(a)(1)(C)(v) of such Act (8 U.S.C. 
        1154(a)(1)(C)(v)) is amended by striking ``(B)(ii), or 
        (B)(iii)'' and inserting ``(A)(vii), (A)(viii), (B)(ii), 
        (B)(iii), or (B)(iv)''.
            (8) Section 204(a)(1)(D)(i)(I) of such Act (8 U.S.C. 
        1154(a)(1)(D)(i)(I)) is amended by striking ``a petitioner'' 
        and inserting ``an approved self-petitioner''.
            (9) Section 204(a)(1)(D)(ii) of such Act (8 U.S.C. 
        1154(a)(1)(D)(ii)) is amended by striking ``(B)(ii), or 
(B)(iii)'' and inserting ``(A)(vii), (A)(viii), (B)(ii), (B)(iii), or 
(B)(iv)''.
            (10) Section 204(a)(1)(J) of such Act (8 U.S.C. 
        1154(a)(1)(J)) is amended--
                    (A) by striking ``or (iv)'' and inserting ``(iv), 
                (vii), or (viii)''; and
                    (B) by striking ``or (iii)'' and inserting ``, 
                (iii), or (vi)''.
            (11) Section 212(a)(4)(C)(i) of such Act (8 U.S.C. 
        1182(a)(4)(C)(i)) is amended--
                    (A) in subclause (I), by striking ``or (iv)'' and 
                inserting ``(iv), (vii), or (viii)''; and
                    (B) in subclause (II), by striking ``or (iii)'' and 
                inserting ``, (iii), or (vi)''.
            (12) Section 212(a)(6)(A)(ii) of such Act is amended--
                    (A) in the heading, by striking ``women and 
                children'' and inserting ``family members'';
                    (B) in subclause (I), by striking ``(B)(ii), or 
                (B)(iii)'' and inserting ``(A)(vii), (A)(viii), 
                (B)(ii), (B)(iii), or (B)(vi)'';
                    (C) in subclause (II), by striking ``or parent or 
                by a member of the spouse's or parent's family'' and 
                inserting ``, parent, son, or daughter or by a member 
                of the spouse's, parent's, son's, or daughter's 
                family''; and
                    (D) in subclause (II), by striking ``or parent's 
                family residing in the same household as the alien when 
                the spouse or parent'' and inserting ``, parent's, 
                son's, or daughter's family residing in the same 
                household as the alien when the spouse, parent, son, or 
                daughter''.
            (13) Section 212(a)(9)(B)(iii)(IV) of such Act (8 U.S.C. 
        1182(a)(9)(B)(iii)(IV)) is amended by striking ``women and 
        children'' and inserting ``family members''.
            (14) Section 212(a)(9)(C)(ii) of such Act (8 U.S.C. 
        1182(a)(9)(C)(ii)) is amended--
                    (A) by striking ``or (v)'' and inserting ``(v), 
                (vii), or (viii)''; and
                    (B) by striking ``or (iv)'' and inserting ``(iv), 
                or (vi)''.
            (15) Section 212(g)(1)(C) of such Act (8 U.S.C. 
        1182(g)(1)(C)) is amended--
                    (A) by striking ``or (iv)'' and inserting ``, (iv), 
                (vii), or (viii)''; and
                    (B) by striking ``or (iii)'' and inserting ``, 
                (iii), or (vi)''.
            (16) Section 212(h)(1)(C) of such Act (8 U.S.C. 
        1182(h)(1)(C)) is amended--
                    (A) by striking ``or (iv)'' and inserting ``, (iv), 
                (vii), or (viii)''; and
                    (B) by striking ``or (iii)'' and inserting ``, 
                (iii), or (vi)''.
            (17) Section 212(l)(1) of such Act (8 U.S.C. 1182(l)(1)) is 
        amended--
                    (A) by striking ``or (iv)'' and inserting ``, (iv), 
                (vii), or (viii)''; and
                    (B) by striking ``or child'' and inserting ``, 
                child, son, or daughter''.
            (18) Section 237(a)(1)(H)(ii) of such Act (8 U.S.C. 
        1227(a)(1)(H)(ii)) is amended--
                    (A) by striking ``or (iv)'' and inserting ``, (iv), 
                (vii), or (viii)''; and
                    (B) by striking ``or (iii)'' and inserting ``, 
                (iii), or (vi)''.
            (19) Section 240(c)(6)(C)(iv) of such Act (8 U.S.C. 
        1230(c)(6)(C)(iv)) is amended--
                    (A) by striking ``spouses and children'' and 
                inserting ``family members'';
                    (B) in subclause (I), by striking ``or (iv)'' and 
                inserting ``, (iv), (vii), or (viii)''; and
                    (C) in subclause (I), by striking ``or (iii)'' and 
                inserting ``, (iii), or (vi)''.
            (20) Section 240A(b)(2) of such Act (8 U.S.C. 1229b(b)(2)) 
        is amended--
                    (A) in the heading, by striking ``spouse or child'' 
                and inserting ``family members''; and
                    (B) in subparagraph (A)(i)(I), by striking ``or 
                parent'' and inserting ``, parent, son, or daughter''.
            (21) Section 245(a) of such Act (8 U.S.C. 1255(a)) is 
        amended by striking ``(B)(ii), or (B)(iii)'' and inserting 
        ``(A)(vii), (A)(viii), (B)(ii), (B)(iii), or (B)(vi)''.
            (22) Section 245(c) of such Act (8 U.S.C. 1255(c)) is 
        amended by striking ``(B)(ii), (B)(iii), or (B)(iv)'' and 
        inserting ``(A)(vii), (A)(viii), (B)(ii), (B)(iii), (B)(iv), or 
        (B)(vi)''.

SEC. 11. GENERAL DISCRETIONARY WAIVERS FOR INADMISSIBILITY AND REMOVAL 
              GROUNDS.

    (a) Inadmissibility Grounds.--Section 212 of the Immigration and 
Nationality Act (8 U.S.C. 1182) is amended by adding at the end the 
following new subsection:
    ``(s) Discretionary Waiver Authority.--The Attorney General, in the 
Attorney General's discretion, may waive any provision of this section 
(other than paragraphs (3), (10)(A), (10)(D), and (10)(E) of subsection 
(a)) for humanitarian purposes, to assure family unity, or when it is 
otherwise in the public interest if the alien demonstrates a connection 
between the crime or disqualifying act and battery or extreme cruelty 
for any alien who qualifies for--
            ``(1) classification under clause (iii), (iv), (v), (vii), 
        or (viii) of section 204(a)(1)(A) or clause (ii), (iii), (iv), 
        or (vi) of section 204(a)(1)(B); or
            ``(2) relief under section 240A(b)(2) or under section 
        244(a)(3) (as in effect before the enactment of the Illegal 
        Immigration Reform and Immigrant Responsibility Act of 
        1996).''.
    (b) Removal Grounds.--Section 237 of such Act (8 U.S.C. 1227) is 
amended by adding at the end the following new subsection:
    ``(d) Discretionary Waiver Authority.--The Attorney General, in the 
discretion of the Attorney General, may waive any provision of this 
section (other than subsections (a)(2)(D)(i) and (a)(4)) for 
humanitarian purposes, to assure family unity, or when it is otherwise 
in the public interest in the case of an alien who demonstrates a 
connection between the crime or disqualifying act and battery or 
extreme cruelty for any alien who qualifies for--
            ``(1) classification under clause (iii), (iv), (v), (vii), 
        or (viii) of section 204(a)(1)(A) or clause (ii), (iii), (iv), 
        or (vi) of section 204(a)(1)(B); or
            ``(2) relief under section 240A(b)(2) or under section 
        244(a)(3) (as in effect before the enactment of the Illegal 
        Immigration Reform and Immigrant Responsibility Act of 
        1996).''.

SEC. 12. EXCEPTIONAL CIRCUMSTANCES.

    Section 240(e)(1) of the Immigration and Nationality Act (8 U.S.C. 
1229a(e)(1)) is amended by inserting ``battery or extreme cruelty of 
the alien or any child or parent of the alien or'' after ``exceptional 
circumstances (such as''.

SEC. 13. ACCESS TO VAWA FOR VISA WAIVER APPLICANTS.

    Section 217(b)(2) of the Immigration and Nationality Act (8 U.S.C. 
1187(b)(2)) is amended by inserting after ``asylum,'' the following: 
``or for relief under clause (iii), (iv), (v), (vii), or (viii) of 
section 204(a)(1)(A), clause (ii), (iii), (iv), or (vi) of section 
204(a)(1)(B), under section 240A(b)(2), or under section 244(a)(3) (as 
in effect before the enactment of the Illegal Immigration Reform and 
Immigrant Responsibility Act of 1996)''.

SEC. 14. COLLECTION OF INFORMATION CONCERNING VIOLENCE AGAINST WOMEN 
              FUNDING.

    (a) Omnibus Crime Control and Safe Streets Act of 1968.--Section 
2002 of the Omnibus Crime Control and Safe Streets Act of 1968 (42 
U.S.C. 3796gg-1) is amended by adding at the end the following new 
subsection:
    ``(i) Report on Services for Underserved Populations.--
            ``(1) In general.--The Violence Against Women Office in the 
        Department of Justice shall submit to Congress, not later than 
        one year after the date of the enactment of this subsection and 
        annually thereafter, a report that contains the information 
        described in paragraphs (2) and (3).
            ``(2) Section 2001 grants.--The information described in 
        this paragraph is information provided to the Violence Against 
        Women Office by each State grantee for grants to combat 
        violence against women under section 2001 concerning the 
        following:
                    ``(A) The number of grants, amount of funds, and 
                percentage of funds awarded under such section to serve 
                underserved populations in the State.
                    ``(B) The percentage of each underserved population 
                in the demographic make up of each State compared to 
                the amount of funding under such section aimed at 
                addressing the needs of that underserved population.
                    ``(C) The extent to which the grants provide 
                services to underserved populations and are awarded to 
                programs with experience and history of working with 
                underserved populations of battered women or sexual 
                assault victims, to programs that have bilingual or 
                bicultural staff, to provide interpreters in civil 
                protection order cases, and to collaborations between 
                domestic violence or sexual assault programs and 
                programs experienced in serving particular underserved 
                populations and to other grantees.
                    ``(D) The names of nonprofit, nongovernmental 
                victim service organizations with experience serving 
                various underserved populations of battered women and 
                sexual assault or stalking victims and the extent to 
                which each named organization was consulted in the 
                development of the state plan under section 2002(c)(2).
            ``(3) Other grant programs.--
                    ``(A) In general.--With regard to grants under each 
                of the grant programs described in subparagraph (B), 
                the information described in this paragraph is the 
                following:
                            ``(i) The number of grants, amount of 
                        funds, and percentage of funding from the grant 
                        program that are used to serve underserved 
                        populations broken down by State.
                            ``(ii) The extent to which grants under the 
                        program provide services to underserved 
                        populations and are awarded to programs with 
                        experience and history of working with 
                        underserved populations of battered women or 
                        sexual assault victims, to programs that have 
                        bilingual or bicultural staff, to provide 
                        interpreters in civil protection order cases, 
                        and to collaborations between domestic violence 
                        or sexual assault programs and programs 
                        experienced in serving particular underserved 
                        populations and to other grantees.
                    ``(B) Grant programs covered.--The grant programs 
                described in this subparagraph are the following grant 
                programs administered by the Violence Against Women 
                Office of the Department of Justice:
                            ``(i) The program of grants to encourage 
                        arrest under section 2101.
                            ``(ii) The program of rural domestic 
                        violence and child abuse enforcement assistance 
                        grants under section 40295(a)(2) of the 
                        Violence Crime Control and Law Enforcement Act 
                        of 1994 (Public Law 103-322; 42 U.S.C. 
                        13971(a)(2)).
                            ``(iii) The program of civil legal 
                        assistance grants under title I of the 
                        Department of Justice Appropriations Act of 
                        1999.
                            ``(iv) The program of campus domestic 
                        violence grants under section 826 of the Higher 
                        Education Amendment Act of 1998 (Public Law 
                        1045-244; 20 U.S.C. 1152).
                            ``(v) Any other grant program that combats 
                        violence against women and is administered by 
                        such Office.
                            ``(vi) The Attorney General shall establish 
                        guidelines for the collection and reporting of 
                        this data.''.
            ``(4) Guidelines.--The Attorney General shall establish 
        guidelines for the collection and reporting of information 
        under this subsection.''.
    (b) Family Violence Prevention and Services Act.--
            (1) Section 303(a)(2)(C) of the Family Violence Prevention 
        and Services Act (42 U.S.C. 10402(c)(2)(C)) is amended--
                    (A) by striking ``ethnic, racial, cultural, 
                language diversity or geographic isolation'' and 
                inserting ``geographic location (such as rural 
                isolation), underserved racial and ethnic populations, 
                populations underserved because of special needs (such 
                as language barriers, disabilities, alienage status, 
                sexual orientation, or age), and any other populations 
                determined to be underserved in consultation with the 
                Secretary''.
            (2) Section 311(a)(4) of such Act (42 U.S. C. 10410(a)(4)) 
        is amended by striking ``underserved racial, ethnic or 
        language-minority populations'' and inserting ``underserved 
        populations described in section 303(a)(2)(C)''.
            (3) Section 303(a)(4) of such Act (42 U.S.C. 10410(a)(4)) 
        is amended by inserting after the first sentence the following: 
        ``Each performance report shall include (A) a description of 
        the activities undertaken to serve underserved populations in 
        the State described in section 303(a)(2)(C), (B) details about 
        the number of grants, the amount of funds and the percentage of 
        the State's Family Violence Prevention and Services Act funding 
        that went to serve such underserved populations, (C) a 
        description of the underserved populations who benefited from 
        the programs funded including the demographics of each 
        underserved population served, (D) the names of the programs 
        that received such funding, (E) the involvement of programs 
        serving underserved populations in the procedures described in 
        paragraph (2)(C), and (F) a discussion of the effectiveness of 
        efforts in the State to reach underserved populations. The 
        Secretary shall establish guidelines for the collection and 
        reporting of information described in the previous sentence.''.
    (c) Reports to Congress.--The Secretary of Health and Human 
Services shall submit to Congress, not later than 2 years after the 
date of the enactment of this Act and annually thereafter, a report 
based on information submitted by each State under section 303(a)(4) of 
the Family Violence Prevention and Services Act that describes the 
extent to which States are serving underserved populations (as the term 
is used in section 303(A)(2)(C) of such Act) with funds provided under 
such Act. The report shall also include information about the grants 
awarded from funds under such Act by the Secretary to programs that 
serve the needs of such underserved populations.

SEC. 15. ADJUSTMENT OF STATUS FOR CERTAIN BATTERED SPOUSES AND CHILDREN 
              OF ASYLEES.

    Section 209(b)(3) of the Immigration and Nationality Act (8 U.S.C. 
1159(b)(3)) is amended--
            (1) by inserting ``(A)'' after ``(3)''; and
            (2) by inserting before the comma at the end the following: 
        ``, or (B) is or was the spouse or child of a refugee within 
        the meaning of section 101(a)(42)(A) and is or was battered or 
        subjected to extreme cruelty by such refugee, regardless of 
        whether the relationship with such refugee has been 
        terminated''.

SEC. 16. EFFECTIVE DATES.

    The amendments made by this Act shall take effect on the date of 
the enactment of this Act, except that--
            (1) the amendments made by sections 8, 13, and 5 shall be 
        effective as included in the enactment of Violence Against 
        Women Act of 2000 (division B of Public Law 106-386); and
            (2) the amendments made by section 12 shall be effective as 
        included in the enactment of the Illegal Immigration Reform and 
        Immigrant Responsibility Act of 1996.
                                 <all>