S.Amdt. 1999Senate115th Congress (2017-2019)
S.Amdt. 1999
Sponsored by
Sen. Amy Klobuchar (D-MN)
Submitted February 14, 2018
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Senate amendment submitted
February 14, 2018
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Submitted
SA 1999. Ms. KLOBUCHAR submitted an amendment intended to be proposed by her to the bill H.R. 2579, to amend the Internal Revenue Code of 1986 to allow the premium tax credit with respect to unsubsidized COBRA continuation coverage; which was ordered to lie on the table; as follows: At the appropriate place, insert the following: SEC. ____. STATUS FOR CERTAIN BATTERED SPOUSES AND CHILDREN. (a) Nonimmigrant Status for Certain Battered Spouses and Children.-- (1) In general.--Section 101(a)(51) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(51)), as amended by section 2305(d)(6)(B)(i)(III), is further amended-- (A) in subparagraph (E), by striking ``or'' at the end the following; (B) in subparagraph (F), by striking the period at the end and inserting a semicolon and ``or''; and (C) by adding at the end the following: ``(G) section 106 as an abused derivative alien.''. (b) Relief for Abused Derivative Aliens.-- (1) In general.--Section 106 of such Act (8 U.S.C. 1105a) is amended to read as follows: ``SEC. 106. RELIEF FOR ABUSED DERIVATIVE ALIENS. ``(a) Abused Derivative Alien Defined.--In this section, the term `abused derivative alien' means an alien who-- ``(1) is the spouse or child admitted under section 101(a)(15); ``(2) is accompanying or following to join a principal alien admitted under such a section; and ``(3) has been subjected to battery or extreme cruelty by such principal alien. ``(b) Relief for Abused Derivative Aliens.--The Secretary-- ``(1) shall grant or extend the status of admission of an abused derivative alien under the such section 101(a)(15) under which the principal alien was admitted for the longer of-- ``(A) the same period of time for which the principal was initially admitted; or ``(B) a period of 3 years; ``(2) may renew a grant or extension of status made under paragraph (1); ``(3) shall grant employment authorization to an abused derivative alien; and ``(4) may adjust the status of the abused derivative alien to that of an alien lawfully admitted for permanent residence if-- ``(A) the alien is admissible under section 212(a) or the Secretary of Homeland Security finds the alien's continued presence in the United States is justified on humanitarian grounds, to ensure family unity, or is otherwise in the public interest; and [[Page S1115]] ``(B) the status under which the principal alien was admitted to the United States would have potentially allowed for eventual adjustment of status. ``(c) Effect of Termination of Relationship.--Termination of the relationship with principal alien shall not affect the status of an abused derivative alien under this section if battery or extreme cruelty by the principal alien was 1 central reason for termination of the relationship. ``(d) Procedures.--Requests for relief under this section shall be handled under the procedures that apply to aliens seeking relief under section 204(a)(1)(C).''. (2) Table of contents amendment.--The table of contents in the first section is amended by striking the item relating to section 106 and inserting the following: ``Sec. 106. Relief for abused derivative aliens.''. ______