,,ii #aacth ,,congress #ast ,session ,s4 #fde ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,march #ba1 #bjac ,mr4 ,leahy 7for himself1 ,mr4 ,levin1 ,ms4 ,hirono1 and ,mr4 ,blumenthal7 introduced the following bill2 which was read twice and referred to the ,committee on the ,judiciary ,a ,,bill ,to amend the ,immigration and ,nationality ,act to reaffirm the ,united ,states historic commitment to protecting refugees who are fleeing persecution or torture4 #a4 ,short title2 table of contents 7a7 ,short title ,this ,act may be cited as the ,refugee ,protection ,act of #bjac4 7b7 ,table of contents ,the table of contents for this ,act is as follows3 ,sec4 #a4 ,short title2 table of contents4 ,sec4 #b4 ,definitions4 ,sec4 #c4 ,elimination of time limits on asylum applications4 ,sec4 #d4 ,protecting victims of terrorism from being defined as terrorists4 ,sec4 #e4 ,protecting certain vulnerable groups of asylum seekers4 ,sec4 #f4 ,effective adjudication of proceedings4 ,sec4 #g4 ,scope and standard for review4 ,sec4 #h4 ,efficient asylum determination process4 ,sec4 #i4 ,secure ,alternatives ,program4 ,sec4 #aj4 ,conditions of detention4 ,sec4 #aa4 ,timely notice of immigration charges4 ,sec4 #ab4 ,procedures for ensuring accuracy and verifiability of sworn statements taken pursuant to expedited removal authority4 ,sec4 #ac4 ,study on the effect of expedited removal provisions1 practices1 and procedures on asylum claims4 ,sec4 #ad4 ,refugee opportunity promotion4 ,sec4 #ae4 ,protections for minors seeking asylum4 ,sec4 #af4 ,legal assistance for refugees and asylees4 ,sec4 #ag4 ,protection of stateless persons in the ,united ,states4 ,sec4 #ah4 ,authority to designate certain groups of refugees for consideration4 ,sec4 #ai4 ,multiple forms of relief4 ,sec4 #bj4 ,protection of refugee families4 ,sec4 #ba4 ,reform of refugee consultation process4 ,sec4 #bb4 ,admission of refugees in the absence of the annual ,presidential determination4 ,sec4 #bc4 ,update of reception and placement grants4 ,sec4 #bd4 ,protection for aliens interdicted at sea4 ,sec4 #be4 ,modification of physical presence requirements for aliens serving as translators4 ,sec4 #bf4 ,assessment of the ,refugee ,domestic ,resettlement ,program4 ,sec4 #bg4 ,refugee assistance4 ,sec4 #bh4 ,resettlement data4 ,sec4 #bi4 ,protections for refugees4 ,sec4 #cj4 ,extension of eligibility period for ,social ,security benefits for certain refugees4 ,sec4 #ca4 ,authorization of appropriations4 ,sec4 #cb4 ,determination of budgetary effects4 #b4 ,definitions ,in this ,act3 7#a7 ,asylum seeker ,the term asylum seeker-- 7,a7 means-- 7i7 any applicant for asylum under section #bjh of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aaeh72 7ii7 any alien who indicates an intention to apply for asylum under that section2 and 7iii7 any alien who indicates an intention to apply for withholding of removal1 pursuant to-- 7,i7 section #bda of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #abca72 or 7,,ii7 the ,convention ,against ,torture and ,other ,cruel1 ,inhuman or ,degrading ,treatment or ,punishment1 done at ,new ,york ,december #aj1 #aihd2 7,b7 includes any individual described in subparagraph 7,a7 whose application for asylum or withholding of removal is pending judicial review2 and 7,c7 does not include an individual with respect to whom a final order denying asylum and withholding of removal has been entered if such order is not pending judicial review4 7#b7 ,secretary ,the term ,secretary means the ,secretary of ,homeland ,security4 #c4 ,elimination of time limits on asylum applications ,section #bjh7;a77#b7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aaeh7;a77#b77 is amended-- 7#a7 in subparagraph 7,a71 by inserting or the ,secretary of ,homeland ,security after ,attorney ,general each place such term appears2 7#b7 by striking subparagraphs 7,b7 and 7,d72 7#c7 by redesignating subparagraph 7,c7 as subparagraph 7,b72 7#d7 in subparagraph 7,b71 as redesignated1 by striking subparagraph 7,d7 and inserting subparagraphs 7,c7 and 7,d72 and 7#e7 by inserting after subparagraph 7,b71 as redesignated1 the following3 7,c7 ,changed circumstances ,notwithstanding subparagraph 7,b71 an application for asylum of an alien may be considered if the alien demonstrates1 to the satisfaction of the ,attorney ,general1 the existence of changed circumstances that materially affect the applicant's eligibility for asylum4 7,d7 ,motion to reopen asylum claim ,notwithstanding subparagraph 7,b7 or section #bdj7;c77#g71 an alien may file a motion to reopen an asylum claim during the #b-year period beginning on the date of the enactment of the ,refugee ,protection ,act of #bjac if the alien-- 7i7 was denied asylum based solely upon a failure to meet the #a-year application filing deadline in effect on the date on which the application was filed2 7ii7 was granted withholding of removal to the alien's country of nationality 7or1 if stateless1 to the country of last habitual residence under section #bda7;b77#c772 7iii7 has not obtained lawful permanent residence in the ,united ,states pursuant to any other provision of law2 7iv7 is not subject to the safe third country exception in section #bjh7;a77#b77;,a7 or a bar to asylum under section #bjh7;b77#b7 and should not be denied asylum as a matter of discretion2 and 7v7 is physically present in the ,united ,states when the motion is filed4 4 #d4 ,protecting victims of terrorism from being defined as terrorists 7a7 ,terrorist activities ,section #bab7;a77#c77;,b7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aahb7;a77#c77;,b77 is amended to read as follows3 7,b7 ,terrorist activities 7i7 ,in general ,except as provided in clause 7ii7 and subsection 7d77#c77;,b77i71 an alien is inadmissible if-- 7,i7 the alien has engaged in a terrorist activity2 7,,ii7 a consular officer1 the ,attorney ,general1 or the ,secretary of ,homeland ,security knows1 or has reasonable ground to believe1 that the alien is engaged1 or is likely to engage after entry1 in any terrorist activity2 7,,iii7 the alien has1 under circumstances indicating an intention to cause death or serious bodily harm1 incited terrorist activity2 7,,iv7 the alien is a representative of-- 7aa7 a terrorist organization2 or 7bb7 a political1 social1 or other group that endorses or espouses terrorist activity2 7,v7 the alien is a member of a terrorist organization2 7,,vi7 the alien endorses or espouses terrorist activity or persuades others to endorse or espouse terrorist activity or support a terrorist organization2 7,,vii7 the alien has received military-type training 7as defined in section #bcci;,d7c77#a7 of title #ah1 ,united ,states ,code7 from1 or on behalf of1 any organization that1 at the time the training was received1 was a terrorist organization2 or 7,,viii7 the alien is an officer1 official1 representative1 or spokesman of the ,palestine ,liberation ,organization4 7ii7 ,exceptions 7,i7 ,lack of knowledge ,clause 7i77,v7 shall not apply to an alien who is a member of a terrorist organization described in clause 7iii77,v77cc7 if the alien demonstrates by clear and convincing evidence that the alien did not know1 and should not reasonably have known1 that the organization was a terrorist organization4 7,,ii7 ,duress ,clause 7i77,,vii7 and items 7dd7 through 7ff7 of clause 7iii77,i7 shall not apply to an alien who establishes that his or her actions giving rise to inadmissibility under such clause were committed under duress and the alien does not pose a threat to the security of the ,united ,states4 ,in determining whether the alien was subject to duress1 the ,secretary of ,homeland ,security may consider1 among relevant factors1 the age of the alien at the time such actions were committed4 7iii7 ,definitions ,in this section3 7,i7 ,engage in terrorist activity ,the term engage in terrorist activity means1 in an individual capacity or as a member of an organization-- 7aa7 to commit or to incite to commit1 under circumstances indicating an intention to cause death or serious bodily injury1 a terrorist activity2 7bb7 to prepare or plan a terrorist activity2 7cc7 to gather information on potential targets for terrorist activity2 7dd7 to solicit funds or other things of value for-- 7,,aa7 a terrorist activity2 7,,bb7 a terrorist organization described in item 7aa7 or 7bb7 of clause 7iii77,v72 or 7,,cc7 a terrorist organization described in clause 7iii77,v77cc71 unless the solicitor can demonstrate by clear and convincing evidence that he or she did not know1 and should not reasonably have known1 that the organization was a terrorist organization2 7ee7 to solicit any individual-- 7,,aa7 to engage in conduct otherwise described in this subsection2 7,,bb7 for membership in a terrorist organization described in item 7aa7 or 7bb7 of clause 7iii77,v72 or 7,,cc7 for membership in a terrorist organization described in clause 7iii77,v77cc7 unless the solicitor can demonstrate by clear and convincing evidence that he or she did not know1 and should not reasonably have known1 that the organization was a terrorist organization2 or 7ff7 to commit an act that the actor knows1 or reasonably should know1 affords material support1 including a safe house1 transportation1 communications1 funds1 transfer of funds or other material financial benefit1 false documentation or identification1 weapons 7including chemical1 biological1 or radiological weapons71 explosives1 or training-- 7,,aa7 for the commission of a terrorist activity2 7,,bb7 to any individual who the actor knows1 or reasonably should know1 has committed or plans to commit a terrorist activity2 7,,cc7 to a terrorist organization described in item 7aa7 or 7bb7 of clause 7iii77,v7 or to any member of such an organization2 or 7,,dd7 to a terrorist organization described in clause 7iii77,v77cc71 or to any member of such an organization1 unless the actor can demonstrate by clear and convincing evidence that he or she did not know1 and should not reasonably have known1 that the organization was a terrorist organization4 7,,ii7 ,material support ,the term material support means support that is significant and of a kind directly relevant to terrorist activity4 7,,iii7 ,representative ,the term representative includes-- 7aa7 an officer1 official1 or spokesman of an organization2 and 7bb7 any person who directs1 counsels1 commands1 or induces an organization or its members to engage in terrorist activity4 7,,iv7 ,terrorist activity ,the term terrorist activity means any activity which is unlawful under the laws of the place where it is committed 7or which1 if it had been committed in the ,united ,states1 would be unlawful under the laws of the ,united ,states or any ,state7 and which involves-- 7aa7 the highjacking or sabotage of any conveyance 7including an aircraft1 vessel1 or vehicle72 7bb7 the seizing or detaining1 and threatening to kill1 injure1 or continue to detain1 another individual in order to compel a third person 7including a governmental organization7 to do or abstain from doing any act as an explicit or implicit condition for the release of the individual seized or detained2 7cc7 a violent attack upon an internationally protected person 7as defined in section #aaaf7;b77#d7 of title #ah1 ,united ,states ,code7 or upon the liberty of such a person2 7dd7 an assassination2 7ee7 the use1 with the intent to endanger the safety of #a or more individuals or to cause substantial damage to property1 of any-- 7,,aa7 biological agent1 chemical agent1 or nuclear weapon or device2 or 7,,bb7 explosive1 firearm1 or other weapon or dangerous device 7other than for mere personal monetary gain72 or 7ff7 a threat1 attempt1 or conspiracy to carry out any of the activities described in items 7aa7 through 7ee74 7,v7 ,terrorist organization ,the term terrorist organization means an organization-- 7aa7 designated under section #bai2 7bb7 otherwise designated1 upon publication in the ,federal ,register1 by the ,secretary of ,state in consultation with or upon the request of the ,attorney ,general or the ,secretary of ,homeland ,security1 as a terrorist organization1 after finding that the organization engages in the activities described in items 7aa7 through 7ff7 of subclause 7,i72 or 7cc7 that is a group of #b or more individuals1 whether organized or not1 which engages in1 or has a subgroup which engages in1 the activities described in items 7aa7 through 7ff7 of subclause 7,i74 4 7b7 ,child soldiers 7#a7 ,inadmissibility ,section #bab7;a77#c77;,g7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aahb7;a77#c77;,g77 is amended by adding at the end the following3 ,this subparagraph shall not apply to an alien who establishes that the actions giving rise to inadmissibility under this subparagraph were committed under duress or carried out while the alien was younger than #ah years of age44 7#b7 ,deportability ,section #bcg7;a77#d77;,f7 of such ,act 7#h ,u4,s4,c4 #abbg7;a77#d77;,f77 is amended-- 7,a7 by redesignating subparagraph 7,f7 as subparagraph 7,g72 7,b7 by redesignating subparagraph 7,e7 7as added by section #eejb7;b771 as subparagraph 7,f72 and 7,c7 in subparagraph 7,g71 as redesignated1 by adding at the end the following3 ,this subparagraph shall not apply to an alien who establishes that the actions giving rise to deportability under this subparagraph were committed under duress or carried out while the alien was younger than #ah years of age44 7c7 ,temporary admission of nonimmigrants ,section #bab7;d77#c77;,b77i7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aahb7;d77#c77;,b77i77 is amended to read as follows3 7,b7 7i7 ,the ,secretary of ,state1 after consultation with the ,attorney ,general and the ,secretary of ,homeland ,security1 or the ,secretary of ,homeland ,security1 after consultation with the ,secretary of ,state and the ,attorney ,general1 may conclude1 in such ,secretary's sole1 unreviewable discretion1 that subsection 7a77#c77;,b7 shall not apply to an alien or that subsection 7a77#c77;,b77iii77,v77cc7 shall not apply to a group4 ,the ,secretary of ,state may not exercise discretion under this clause with respect to an alien after removal proceedings against the alien have commenced under section #bdj4 4 #e4 ,protecting certain vulnerable groups of asylum seekers 7a7 ,defined term ,section #aja7;a77#db7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aaja7;a77#db77 is amended to read as follows3 7#db7 7,a7 ,the term refugee means any person who-- 7i7 7,i7 is outside any country of such person's nationality or1 in the case of a person having no nationality1 is outside any country in which such person last habitually resided2 and 7,,ii7 is unable to return to1 and is unable or unwilling to avail himself or herself of the protection of1 that country because of persecution1 or a well-founded fear of persecution1 on account of race1 religion1 nationality1 membership in a particular social group1 or political opinion2 or 7ii7 in such circumstances as the ,president may specify1 after appropriate consultation 7as defined in section #bjg7;e77-- 7,i7 is within the country of such person's nationality or1 in the case of a person having no nationality1 within the country in which such person is habitually residing2 and 7,,ii7 is persecuted1 or who has a well-founded fear of persecution1 on account of race1 religion1 nationality1 membership in a particular social group1 or political opinion4 7,b7 ,the term refugee does not include any person who ordered1 incited1 assisted1 or otherwise participated in the persecution of any person on account of race1 religion1 nationality1 membership in a particular social group1 or political opinion4 7,c7 ,for purposes of determinations under this ,act-- 7i7 a person who has been forced to abort a pregnancy or to undergo involuntary sterilization1 or who has been persecuted for failure or refusal to undergo such a procedure or for other resistance to a coercive population control program1 shall be deemed to have been persecuted on account of political opinion2 and 7ii7 a person who has a well-founded fear that he or she will be forced to undergo such a procedure or subject to persecution for such failure1 refusal1 or resistance shall be deemed to have a well-founded fear of persecution on account of political opinion4 7,d7 ,for purposes of determinations under this ,act1 any group whose members share a characteristic that is either immutable or fundamental to identity1 conscience1 or the exercise of the person's human rights such that the person should not be required to change it1 shall be deemed a particular social group1 without any additional requirement4 4 7b7 ,conditions for granting asylum ,section #bjh7;b77#a77;,b7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aaeh7;b77#a77;,b77 is amended-- 7#a7 in clause 7i71 by striking at least one central reason for persecuting the applicant and inserting a factor in the applicant's persecution or fear of persecution2 7#b7 in clause 7ii71 by striking the last sentence and inserting the following3 ,if the trier of fact determines that the applicant should provide evidence that corroborates otherwise credible testimony1 the trier of fact shall provide notice and allow the applicant a reasonable opportunity to file such evidence unless the applicant does not have the evidence and cannot reasonably obtain the evidence42 7#c7 by redesignating clause 7iii7 as clause 7iv72 7#d7 by inserting after clause 7ii7 the following3 7iii7 ,supporting evidence accepted ,direct or circumstantial evidence1 including evidence that the ,state is unable to protect the applicant or that ,state legal or social norms tolerate such persecution against persons like the applicant1 may establish that persecution is on account of race1 religion1 nationality1 membership in a particular social group1 or political opinion4 2 and 7#e7 in clause 7iv71 as redesignated1 by striking 1 without regard to whether an inconsistency1 inaccuracy1 or falsehood goes to the heart of the applicant's claim1 or any other relevant factor4 and inserting 4 ,if the trier of fact determines that there are inconsistencies or omissions1 the alien shall be given an opportunity to explain and to provide support or evidence to clarify such inconsistencies or omissions44 7c7 ,removal proceedings ,section #bdj7;c77#d7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #abbi;a7c77#d77 is amended-- 7#a7 in subparagraph 7,b71 by striking the last sentence and inserting the following3 ,if the trier of fact determines that the applicant should provide evidence that corroborates otherwise credible testimony1 the trier of fact shall provide notice and allow the applicant a reasonable opportunity to file such evidence unless the applicant does not have the evidence and cannot reasonably obtain the evidence42 and 7#b7 in subparagraph 7,c71 by striking 1 without regard to whether an inconsistency1 inaccuracy1 or falsehood goes to the heart of the applicant's claim1 or any other relevant factor4 and inserting 4 ,if the trier of fact determines that there are inconsistencies or omissions1 the alien shall be given an opportunity to explain and to provide support or evidence to clarify such inconsistencies or omissions44 #f4 ,effective adjudication of proceedings ,section #bdj7;b77#d7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #abbi;a7b77#d77 is amended-- 7#a7 in the matter preceding subparagraph 7,a71 by striking ,in proceedings under this section1 under regulations of the ,attorney ,general and inserting ,the ,attorney ,general shall promulgate regulations for proceedings under this section1 under which--2 7#b7 in subparagraph 7,b71 by striking 1 and at the end and inserting a semicolon2 7#c7 by redesignating subparagraph 7,c7 as subparagraph 7,d72 and 7#d7 by inserting after subparagraph 7,b7 the following3 7,c7 the ,attorney ,general1 or the designee of the ,attorney ,general1 may appoint counsel to represent an alien if the fair resolution or effective adjudication of the proceedings would be served by appointment of counsel2 and 4 #g4 ,scope and standard for review ,section #bdb7;b7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #abeb7;b77 is amended-- 7#a7 in paragraph 7#a71 by adding at the end the following3 ,the alien shall not be removed during such #cj-;day period1 unless the alien indicates in writing that he or she wishes to be removed before the expiration of such period42 and 7#b7 by striking paragraph 7#d7 and inserting the following3 7#d7 ,scope and standard for review ,except as provided in paragraph 7#e77;,b71 the court of appeals shall sustain a final decision ordering removal unless it is contrary to law1 an abuse of discretion1 or not supported by substantial evidence4 ,the court of appeals shall decide the petition only on the administrative record on which the order of removal is based4 4 #h4 ,efficient asylum determination process ,section #bce7;b77#a77;,b7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #abbe7;b77#a77;,b77 is amended-- 7#a7 in clause 7ii71 by striking shall be detained for further consideration of the application for asylum4 and inserting may1 in the ,secretary's discretion1 be detained for further consideration of the application for asylum by an asylum officer designated by the ,director of ,united ,states ,citizenship and ,immigration ,services4 ,the asylum officer1 after conducting a nonadversarial asylum interview1 may grant asylum to the alien under section #bjh or refer the case to a designee of the ,attorney ,general1 for a de novo asylum determination1 for relief under the ,convention ,against ,torture and ,other ,cruel1 ,inhuman or ,degrading ,treatment or ,punishment1 done at ,new ,york ,december #aj1 #aihd1 or for withholding of removal under section #bda7;b77#c742 and 7#b7 in clause 7iii77,,iv7-- 7,a7 by amending the subclause heading to read as follows3 7,,iv7 ,detention 2 and 7,b7 by striking shall and inserting may1 in the ,secretary's discretion14 #i4 ,secure ,alternatives ,program 7a7 ,establishment ,the ,secretary shall establish the ,secure ,alternatives ,program 7referred to in this section as the ,program7 under which an alien who has been detained may be released under enhanced supervision-- 7#a7 to prevent the alien from absconding2 7#b7 to ensure that the alien makes appearances related to such detention2 and 7#c7 to authorize and promote the utilization of alternatives to detention of asylum seekers4 7b7 ,program requirements 7#a7 ,nationwide implementation ,the ,secretary shall facilitate the nationwide implementation of the ,program4 7#b7 ,utilization of alternatives ,the ,program shall utilize a continuum of alternatives based on the alien's need for supervision1 which may include placement of the alien-- 7,a7 with an individual or organizational sponsor2 or 7,b7 in a supervised group home4 7#c7 ,program elements ,the ,program shall include-- 7,a7 individualized case management by an assigned case supervisor2 and 7,b7 referral to community-based providers of legal and social services4 7#d7 ,restrictive electronic monitoring 7,a7 ,in general ,restrictive electronic monitoring devices1 such as ankle bracelets1 may not be used unless there is a demonstrated need for such enhanced monitoring4 7,b7 ,periodic review ,the ,secretary shall periodically review any decision to require the use of devices described in subparagraph 7,a74 7#e7 ,aliens eligible for secure alternatives program 7,a7 ,in general ,asylum seekers denied parole under section #bce7;b77#a77;,b7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #abbe7;b77#a77;,b77 shall be eligible to participate in the ,program4 7,b7 ,program design ,the ,program shall be designed to ensure sufficient supervision of the population described in subparagraph 7,a74 7#f7 ,individualized determinations ,for aliens who pose a flight risk1 the ,secretary shall make an individualized determination as to whether this risk can be mitigated through the ,program4 7#g7 ,rulemaking ,the ,attorney ,general and the ,secretary shall promulgate regulations establishing procedures for the review of any determination under this section by an immigration judge1 unless the alien waives the right to such review4 7#h7 ,contracts ,the ,secretary shall enter into contracts with qualified nongovernmental entities to implement the ,program4 7#i7 ,other considerations ,in designing the ,program1 the ,secretary shall-- 7,a7 consult with relevant experts2 and 7,b7 consider programs that have proven successful in the past1 including the ,appearance ,assistance ,program developed by the ,vera ,institute of ,justice4 7c7 ,parole of certain aliens ,section #bce7;b77#a77;,b7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #abbe7;b77#a77;,b77 is amended-- 7#a7 by redesignating clause 7v7 as clause 7vi72 and 7#b7 by inserting after clause 7iv7 the following3 7v7 ,release 7,i7 ,in general ,any alien subject to detention under this subsection who has been determined to have a credible fear of persecution shall be released from the custody of the ,department of ,homeland ,security not later than #g days after such determination unless the ,secretary of ,homeland ,security demonstrates by substantial evidence that the alien-- 7aa7 poses a risk to public safety1 which may include a risk to national security2 or 7bb7 is a flight risk1 which cannot be mitigated through other conditions of release1 such as bond or secure alternatives1 that would reasonably ensure that the alien would appear for immigration proceedings4 7,,ii7 ,notice ,the ,secretary of ,homeland ,security shall provide every alien and the alien's legal representative with written notification of the parole decision1 including a brief explanation of the reasons for any decision to deny parole4 ,the notification should be communicated to the alien orally or in writing1 in a language the alien claims to understand4 4 #aj4 ,conditions of detention 7a7 ,in general ,the ,secretary shall promulgate regulations that-- 7#a7 establish the conditions for the detention of asylum seekers that ensure a safe and humane environment2 and 7#b7 include the rights and procedures set forth in subsections 7c7 through 7e74 7b7 ,definitions ,in this section3 7#a7 ,detainee ,the term detainee means an individual who is detained under the authority of ,u4,s4 ,immigration and ,customs ,enforcement4 7#b7 ,detention facility ,the term detention facility means any ,federal1 ,state1 or local government facility or privately owned and operated facility1 which is being used to hold detainees longer than #gb hours4 7#c7 ,group legal orientation presentations ,the term group legal orientation presentations means live group presentations1 supplemented by individual orientations1 pro se workshops1 and pro bono referrals1 that-- 7,a7 are carried out by private nongovernmental organizations2 7,b7 are presented to detainees2 7,c7 inform detainees about ,united ,states immigration law and procedures2 and 7,d7 enable detainees to determine their eligibility for relief4 7#d7 ,short-term detention facility ,the term short-term detention facility means any detention facility that is used to hold immigration detainees for not more than #gb hours4 7c7 ,access to legal services 7#a7 ,lists of legal service providers ,all detainees arriving at a detention facility shall promptly receive-- 7,a7 access to legal information1 including an on-site law library with up-to-date legal materials and law databases2 7,b7 free access to the necessary equipment and materials for legal research and correspondence1 such as computers1 printers1 copiers1 and typewriters2 7,c7 an accurate1 updated list of free or low-cost immigration legal service providers that-- 7i7 are near such detention facility2 and 7ii7 can assist those with limited ,english proficiency or disabilities2 7,d7 confidential meeting space to confer with legal counsel2 and 7,e7 services to send confidential legal documents to legal counsel1 government offices1 and legal organizations4 7#b7 ,group legal orientation presentations ,the ,secretary shall establish procedures for regularly scheduled1 group legal orientation presentations4 7#c7 ,grants authorized ,the ,secretary shall establish a program to award grants to nongovernmental agencies for the purpose of developing1 implementing1 or expanding legal orientation programs available for all detainees at the detention facilities in which such programs are offered4 7#d7 ,visits ,detainees shall be provided adequate access to contact visits from-- 7,a7 legal service providers1 including attorneys1 paralegals1 law graduates1 law students1 and representatives accredited by the ,board of ,immigration ,appeals2 7,b7 consultants1 as authorized under section #bce7;b7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #abbe7;b771 before and during interviews in which determinations of credible fear of persecution are made2 and 7,c7 individuals assisting in the provision of legal representation and documentation in support of the asylum seekers' cases1 including interpreters1 medical personnel1 mental health providers1 social welfare workers1 expert and fact witnesses1 and others4 7#e7 ,notification requirement ,the ,secretary shall establish procedures to provide detainees with adequate and prompt notice1 in the language of the detainee1 of their available release options and the procedures for requesting such options4 7#f7 ,location of new detention facilities ,all detention facilities first used by the ,department of ,homeland ,security after the date of the enactment of this ,act shall be located within #ej miles of a community in which there is a demonstrated capacity to provide free or low-cost legal representation by-- 7,a7 nonprofit legal aid organizations2 or 7,b7 pro bono attorneys with expertise in asylum or immigration law4 7#g7 ,notification of transfers ,the ,secretary shall establish procedures requiring the prompt notification of the legal representative of a detainee before transferring such detainee to another detention facility4 7#h7 ,access to telephones 7,a7 ,in general ,not later than #f hours after the commencement of a detention of a detainee1 the detainee shall be provided reasonable access to a telephone1 with at least #a working telephone available for every #be detainees4 7,b7 ,contacts ,each detainee has the right to contact by telephone1 free of charge-- 7i7 legal representatives2 7ii7 nongovernmental organizations designated by the ,secretary2 7iii7 consular officials2 7iv7 the ,united ,nations ,high ,commissioner for ,refugees2 7v7 ,federal and ,state courts in which the detainee is1 or may become1 involved in a legal proceeding2 and 7vi7 all ,government immigration agencies and adjudicatory bodies1 including the ,office of the ,inspector ,general of the ,department of ,homeland ,security and the ,office for ,civil ,rights and ,civil ,liberties of the ,department of ,homeland ,security1 through confidential toll-free numbers4 7d7 ,religious and cultural provisions 7#a7 ,access to religious services ,detainees shall be given full and equitable access to religious services1 religious materials1 opportunity for religious group study1 and religious counseling appropriate to their religious beliefs and practices4 7#b7 ,chaplains ,each detention facility shall have a chaplain1 who shall be responsible for-- 7,a7 managing the religious activities at the detention facility1 including providing pastoral care and counseling to detainees2 and 7,b7 facilitating access to pastoral care and counseling from external clergy or religious service providers who represent the faiths of the detainees at the facility4 7#c7 ,dietary needs ,the ,secretary shall ensure that the religious1 medical1 and cultural dietary needs of the detainees are met4 7#d7 ,qualifications of staff ,the ,secretary shall ensure that detention facility staff members are trained to recognize and address cultural and gender issues relevant to male1 female1 and child detainees4 7#e7 ,access to detention facilities by nongovernmental organizations ,nongovernmental organizations shall be provided reasonable access to a detention facility to-- 7,a7 observe the conditions of detention outlined in this section2 7,b7 engage in teaching and training programs for the detainees detained at the facility2 and 7,c7 provide legal or religious services to the detainees4 7e7 ,limitations on solitary confinement1 shackling1 and strip searches 7#a7 ,extraordinary circumstances ,solitary confinement1 shackling1 and strip searches of detainees-- 7,a7 may not be used unless such techniques are necessitated by extraordinary circumstances in which the safety of other persons is at imminent risk2 and 7,b7 may not be used for the purpose of humiliating detainees within or outside the detention facility4 7#b7 ,protected classes ,solitary confinement1 shackling1 and strip searches may not be used on pregnant women1 nursing mothers1 women in labor or delivery1 or children who are younger than #ah years of age4 ,strip searches may not be conducted in the presence of children who are younger than #ba years of age4 7#c7 ,written policies ,detention facilities shall-- 7,a7 adopt written policies pertaining to the use of force and restraints2 and 7,b7 train all staff on the proper use of such techniques and devices4 #aa4 ,timely notice of immigration charges ,section #bcf of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #abbf7 is amended by adding at the end the following3 7f7 ,notice and charges ,not later than #dh hours after the commencement of a detention of an individual under this section1 the ,secretary of ,homeland ,security shall-- 7#a7 file a ,notice to ,appear or other relevant charging document with the immigration court closest to the location at which the individual was apprehended2 and 7#b7 serve such notice or charging document on the individual4 4 #ab4 ,procedures for ensuring accuracy and verifiability of sworn statements taken pursuant to expedited removal authority 7a7 ,in general ,the ,secretary shall establish quality assurance procedures to ensure the accuracy and verifiability of signed or sworn statements taken by employees of the ,department of ,homeland ,security exercising expedited removal authority under section #bce7;b7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #abbe7;b774 7b7 ,recording of interviews 7#a7 ,in general ,any sworn or signed written statement taken from an alien as part of the record of a proceeding under section #bce7;b77#a77;,a7 of the ,immigration and ,nationality ,act shall be accompanied by a recording of the interview which served as the basis for such sworn statement4 7#b7 ,content ,the recording shall include-- 7,a7 a reading of the entire written statement to the alien in a language that the alien claims to understand2 and 7,b7 the verbal affirmation by the alien of the accuracy of-- 7i7 the written statement2 or 7ii7 a corrected version of the written statement4 7#c7 ,format ,the recording shall be made in video1 audio1 or other equally reliable format4 7#d7 ,evidence ,recordings of interviews under this subsection may be considered as evidence in any further proceedings involving the alien4 7c7 ,exemption authority 7#a7 ,exempted facilities ,subsection 7b7 shall not apply to interviews that occur at detention facilities exempted by the ,secretary under this subsection4 7#b7 ,criteria ,the ,secretary1 or the ,secretary's designee1 may exempt any detention facility if compliance with subsection 7b7 at that facility would impair operations or impose undue burdens or costs4 7#c7 ,report ,the ,secretary shall annually submit a report to ,congress that identifies the facilities that have been exempted under this subsection4 7#d7 ,no private cause of action ,nothing in this subsection may be construed to create a private cause of action for damages or injunctive relief4 7d7 ,interpreters ,the ,secretary shall ensure that a professional fluent interpreter is used if-- 7#a7 the interviewing officer does not speak a language understood by the alien2 and 7#b7 there is no other ,federal ,government employee available who is able to interpret effectively1 accurately1 and impartially4 #ac4 ,study on the effect of expedited removal provisions1 practices1 and procedures on asylum claims 7a7 ,study 7#a7 ,in general ,the ,united ,states ,commission on ,international ,religious ,freedom 7referred to in this section as the ,commission7 is authorized to conduct a study to determine whether immigration officers described in paragraph 7#b7 are engaging in conduct described in paragraph 7#c74 7#b7 ,immigration officers described ,an immigration officer described in this paragraph is an immigration officer performing duties under section #bce7;b7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #abbe7;b77 with respect to aliens who-- 7,a7 are apprehended after entering the ,united ,states2 and 7,b7 may be eligible to apply for asylum under section #bjh or #bce of such ,act4 7#c7 ,conduct described ,an immigration officer engages in conduct described in this paragraph if the immigration officer-- 7,a7 improperly encourages an alien referred to in paragraph 7#b7 to withdraw or retract claims for asylum2 7,b7 incorrectly fails to refer such an alien for an interview by an asylum officer to determine whether the alien has a credible fear of persecution 7as defined in section #bce7;b77#a77;,b77v7 of such ,act 7#h ,u4,s4,c4 #abbe7;b77#a77;,b77v7772 7,c7 incorrectly removes such an alien to a country in which the alien may be persecuted2 or 7,d7 detains such an alien improperly or under inappropriate conditions4 7b7 ,report ,not later than #b years after the date on which the ,commission initiates the study under subsection 7a71 the ,commission shall submit a report containing the results of the study to-- 7#a7 the ,committee on ,homeland ,security and ,governmental ,affairs of the ,senate2 7#b7 the ,committee on the ,judiciary of the ,senate2 7#c7 the ,committee on ,foreign ,relations of the ,senate2 7#d7 the ,committee on ,homeland ,security of the ,house of ,representatives2 7#e7 the ,committee on the ,judiciary of the ,house of ,representatives2 and 7#f7 the ,committee on ,foreign ,affairs of the ,house of ,representatives4 7c7 ,staff 7#a7 ,from other agencies 7,a7 ,identification ,the ,commission may identify employees of the ,department of ,homeland ,security1 the ,department of ,justice1 and the ,government ,accountability ,office that have significant expertise and knowledge of refugee and asylum issues4 7,b7 ,designation ,at the request of the ,commission1 the ,secretary1 the ,attorney ,general1 and the ,comptroller ,general of the ,united ,states shall authorize staff identified under subparagraph 7,a7 to assist the ,commission in conducting the study under subsection 7a74 7#b7 ,additional staff ,the ,commission may hire additional staff and consultants to conduct the study under subsection 7a74 7#c7 ,access to proceedings 7,a7 ,in general ,except as provided in subparagraph 7,b71 the ,secretary and the ,attorney ,general shall provide staff designated under paragraph 7#a7 or hired under paragraph 7#b7 with unrestricted access to all stages of all proceedings conducted under section #bce7;b7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #abbe7;b774 7,b7 ,exceptions ,the ,secretary and the ,attorney ,general may not permit unrestricted access under subparagraph 7,a7 if-- 7i7 the alien subject to a proceeding under such section #bce7;b7 objects to such access2 or 7ii7 the ,secretary or ,attorney ,general determines that the security of a particular proceeding would be threatened by such access4 #ad4 ,refugee opportunity promotion ,section #bji of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aaei7 is amended-- 7#a7 in subsection 7a77#a77;,b71 by striking one year1 and inserting #a year 7except as provided under subsection 7d7722 7#b7 in subsection 7b77#b71 by striking asylum1 and inserting asylum 7except as provided under subsection 7d7722 and 7#c7 by adding at the end the following3 7d7 ,exception to physical presence requirement ,an alien who does not meet the #a-year physical presence requirement under subsection 7a77#a77;,b7 or 7b77#b71 but who otherwise meets the requirements under subsection 7a7 or 7b7 for adjustment of status to that of an alien lawfully admitted for permanent residence1 may be eligible for such adjustment of status if the alien-- 7#a7 is or was employed by-- 7,a7 the ,united ,states ,government or a contractor of the ,united ,states ,government overseas and performing work on behalf of the ,united ,states ,government for the entire period of absence1 which may not exceed #a year2 or 7,b7 the ,united ,states ,government or a contractor of the ,united ,states ,government in the alien's country of nationality or last habitual residence for the entire period of absence1 which may not exceed #a year1 and the alien was under the protection of the ,united ,states ,government or a contractor while performing work on behalf of the ,united ,states ,government during the entire period of employment2 and 7#b7 returned immediately to the ,united ,states upon the conclusion of the employment4 4 #ae4 ,protections for minors seeking asylum 7a7 ,in general ,section #bjh of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aaeh7 is amended-- 7#a7 in subsection 7a77#b71 as amended by section #c1 by amending subparagraph 7,e7 to read as follows3 7,e7 ,applicability to minors ,subparagraphs 7,a71 7,b71 and 7,c7 shall not apply to an applicant who is younger than #ah years of age on the earlier of-- 7i7 the date on which the asylum application is filed2 or 7ii7 the date on which any ,notice to ,appear is issued4 2 and 7#b7 in subsection 7b77#c71 by amending subparagraph 7,c7 to read as follows3 7,c7 ,initial jurisdiction ,an asylum officer 7as defined in section #bce7;b77#a77;,e77 shall have initial jurisdiction over any asylum application filed by an applicant who is younger than #ah years of age on the earlier of-- 7i7 the date on which the asylum application is filed2 or 7ii7 the date on which any ,notice to ,appear is issued4 4 7b7 ,reinstatement of removal ,section #bda7;a7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #abca7;a77 is amended-- 7#a7 in paragraph 7#e71 by striking ,if the ,attorney ,general and inserting ,except as provided in paragraph 7#h71 if the ,secretary of ,homeland ,security2 and 7#b7 by adding at the end of the following3 7#h7 ,applicability of reinstatement of removal ,paragraph 7#e7 shall not apply to an alien who has reentered the ,united ,states illegally after having been removed or having departed voluntarily1 under an order of removal1 if the alien was younger than #ah years of age on the date on which the alien was removed or departed voluntarily under an order of removal4 4 #af4 ,legal assistance for refugees and asylees ,section #dab7;c77#a77;,a7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aebb7;c77#a77;,a77 is amended-- 7#a7 in clause 7ii71 by striking and at an end2 7#b7 by redesignating clause 7iii7 as clause 7iv72 and 7#c7 by inserting after clause 7ii7 the following3 7iii7 to provide legal services for refugees to assist them in obtaining immigration benefits for which they are eligible2 and 4 #ag4 ,protection of stateless persons in the ,united ,states 7a7 ,in general ,chapter #a of title ,,ii of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aaea et seq47 is amended by adding at the end the following3 #baj;,a4 ,protection of stateless persons in the ,united ,states 7a7 ,defined term 7#a7 ,in general ,in this section1 the term de jure stateless person means an individual who is not considered a national under the laws of any country4 ,individuals who have lost their nationality as a result of their voluntary action or knowing inaction after arrival in the ,united ,states shall not be considered de jure stateless persons4 7#b7 ,designation of specific de jure groups ,the ,secretary of ,homeland ,security1 in consultation with the ,secretary of ,state1 may1 in the discretion of the ,secretary1 designate specific groups of individuals who are considered de jure stateless persons1 for purposes of this section4 7b7 ,mechanisms for regularizing the status of stateless persons 7#a7 ,relief for individuals determined to be de jure stateless persons ,the ,secretary of ,homeland ,security or the ,attorney ,general may1 in his or her discretion1 provide conditional lawful status to an alien who is otherwise inadmissible or deportable from the ,united ,states if the alien-- 7,a7 is a de jure stateless person2 7,b7 applies for such relief2 7,c7 is not inadmissible under paragraph 7#b7 or 7#c7 of section #bab7;a72 and 7,d7 is not described in section #bda7;b77#c77;,b77i74 7#b7 ,waivers ,the provisions under paragraphs 7#d71 7#e71 7#f77;,a71 7#g77;,a71 and 7#i7 of section #bab7;a7 shall not be applicable to any alien seeking relief under paragraph 7#a74 ,the ,secretary of ,homeland ,security or the ,attorney ,general may waive any other provision of such section 7other than paragraph 7#b77;,c7 or subparagraph 7,a71 7,b71 7,c71 or 7,e7 of paragraph 7#c77 with respect to such an alien for humanitarian purposes1 to assure family unity1 or if it is otherwise in the public interest4 7#c7 ,submission of passport or travel document ,any alien who seeks relief under this section shall submit to the ,secretary of ,homeland ,security or the ,attorney ,general-- 7,a7 any passport or travel document issued at any time to the alien 7whether or not the passport or document has expired or been cancelled1 rescinded1 or revoked72 or 7,b7 an affidavit1 sworn under penalty of perjury-- 7i7 stating that the alien has never been issued a passport or travel document2 or 7ii7 identifying with particularity any such passport or travel document and explaining why the alien cannot submit it4 7#d7 ,work authorization ,the ,secretary of ,homeland ,security may-- 7,a7 authorize an alien who has applied for relief under paragraph 7#a7 to engage in employment in the ,united ,states while such application is being considered2 and 7,b7 provide such applicant with an employment authorized endorsement or other appropriate document signifying authorization of employment4 7#e7 ,treatment of spouse and children ,the spouse or child of an alien who has been granted conditional lawful status under paragraph 7#a7 shall1 if not otherwise eligible for admission under paragraph 7#a71 be granted conditional lawful status under this section if accompanying1 or following to join1 such alien if-- 7,a7 the spouse or child is admissible 7except as otherwise provided in paragraph 7#b772 and 7,b7 the qualifying relationship to the principal beneficiary existed on the date on which such alien was granted conditional lawful status4 7c7 ,adjustment of status 7#a7 ,inspection and examination ,at the end of the #e-year period beginning on the date on which an alien has been granted conditional lawful status under subsection 7b71 the alien may apply for lawful permanent residence in the ,united ,states if-- 7,a7 the alien has been physically present in the ,united ,states for at least #e years2 7,b7 the alien's conditional lawful status has not been terminated by the ,secretary of ,homeland ,security or the ,attorney ,general1 pursuant to such regulations as the ,secretary or the ,attorney ,general may prescribe2 and 7,c7 the alien has not otherwise acquired permanent resident status4 7#b7 ,requirements for adjustment of status ,the ,secretary of ,homeland ,security or the ,attorney ,general1 under such regulations as the ,secretary or the ,attorney ,general may prescribe1 may adjust the status of an alien granted conditional lawful status under subsection 7b7 to that of an alien lawfully admitted for permanent residence if such alien-- 7,a7 is a de jure stateless person2 7,b7 properly applies for such adjustment of status2 7,c7 has been physically present in the ,united ,states for at least #e years after being granted conditional lawful status under subsection 7b72 7,d7 is not firmly resettled in any foreign country2 and 7,e7 is admissible 7except as otherwise provided under subsection 7b77#b77 as an immigrant under this chapter at the time of examination of such alien for adjustment of status4 7#c7 ,record ,upon approval of an application under this subsection1 the ,secretary of ,homeland ,security or the ,attorney ,general shall establish a record of the alien's admission for lawful permanent residence as of the date that is #e years before the date of such approval4 7d7 ,proving the claim ,in determining an alien's eligibility for lawful conditional status or adjustment of status under this subsection1 the ,secretary of ,homeland ,security or the ,attorney ,general shall consider any credible evidence relevant to the application4 ,the determination of what evidence is credible and the weight to be given that evidence shall be within the sole discretion of the ,secretary or the ,attorney ,general4 7e7 ,review 7#a7 ,administrative review ,no appeal shall lie from the denial of an application by the ,secretary1 but such denial will be without prejudice to the alien's right to renew the application in proceedings under section #bdj4 7#b7 ,motions to reopen ,notwithstanding any limitation imposed by law on motions to reopen removal1 deportation1 or exclusion proceedings1 any individual who is eligible for relief under this section may file a motion to reopen removal or deportation proceedings in order to apply for relief under this section4 ,any such motion shall be filed not later than the later of-- 7,a7 #b years after the date of the enactment of the ,refugee ,protection ,act of #bjac2 or 7,b7 #ij days after the date of entry of a final administrative order of removal1 deportation1 or exclusion4 7f7 ,limitation 7#a7 ,applicability ,the provisions of this section shall only apply to aliens present in the ,united ,states4 7#b7 ,savings provision ,nothing in this section may be construed to authorize or require-- 7,a7 the admission of any alien to the ,united ,states2 7,b7 the parole of any alien into the ,united ,states2 or 7,c7 the grant of any motion to reopen or reconsider filed by an alien after departure or removal from the ,united ,states4 4 7b7 ,judicial review ,section #bdb7;a77#b77;,b77ii7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #abeb7;a77#b77;,b77ii77 is amended by inserting or #baj;,a after #bjh7;a74 7c7 ,clerical amendment ,the table of contents for the ,immigration and ,nationality ,act is amended by inserting after the item relating to section #baj the following3 ,sec4 #baj;,a4 ,protection of stateless persons in the ,united ,states4 4 #ah4 ,authority to designate certain groups of refugees for consideration 7a7 ,in general ,section #bjg7;c77#a7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aaeg7;c77#a77 is amended-- 7#a7 by inserting 7,a7 before ,subject to the numerical limitations2 and 7#b7 by adding at the end the following3 7,b7 7i7 ,the ,president1 upon a recommendation of the ,secretary of ,state made in consultation with the ,secretary of ,homeland ,security1 and after appropriate consultation1 may designate specifically defined groups of aliens-- 7,i7 whose resettlement in the ,united ,states is justified by humanitarian concerns or is otherwise in the national interest2 and 7,,ii7 who-- 7aa7 share common characteristics that identify them as targets of persecution on account of race1 religion1 nationality1 membership in a particular social group1 or political opinion or of other serious harm2 or 7bb7 having been identified as targets as described in item 7aa71 share a common need for resettlement due to a specific vulnerability4 7ii7 ,an alien who establishes membership in a group designated under clause 7i7 to the satisfaction of the ,secretary of ,homeland ,security shall be considered a refugee for purposes of admission as a refugee under this section unless the ,secretary determines that such alien ordered1 incited1 assisted1 or otherwise participated in the persecution of any person on account of race1 religion1 nationality1 membership in a particular social group1 or political opinion4 7iii7 ,a designation under clause 7i7-- 7,i7 may be revoked by the ,president at any time after notification to ,congress2 7,,ii7 if not revoked under subclause 7,i71 shall expire at the end of the fiscal year2 and 7,,iii7 may be renewed by the ,president after appropriate consultation4 7iv7 ,categories of aliens established under section #eii;,d of ,public ,law #aja-afg 7#h ,u4,s4,c4 #aaeg note7-- 7,i7 shall be designated under clause 7i7 until the end of the first fiscal year commencing after the date of the enactment of the ,refugee ,protection ,act of #bjac2 and 7,,ii7 shall be eligible for designation thereafter at the discretion of the ,president4 7v7 ,an alien's admission under this subparagraph shall count against the refugee admissions goal under subsection 7a74 7vi7 ,a designation under clause 7i7 shall not influence decisions to grant1 to any alien1 asylum under section #bjh1 protection under section #bda7;b77#c71 or protection under the ,convention ,against ,torture and ,other ,cruel1 ,inhuman or ,degrading ,treatment or ,punishment1 done at ,new ,york ,december #aj1 #aihd4 4 7b7 ,written reasons for denials of refugee status ,each decision to deny an application for refugee status of an alien who is within a category established under section #bjg7;c77#a77;,b7 of the ,immigration and ,nationality ,act1 as added by subsection 7a7 shall be in writing and shall state1 to the maximum extent feasible1 the reason for the denial4 7c7 ,effective date ,the amendments made by subsection 7a7 shall take effect on the first day of the first fiscal year that begins after the date of the enactment of this ,act4 #ai4 ,multiple forms of relief 7a7 ,in general ,applicants for admission as refugees may simultaneously pursue admission under any visa category for which such applicants may be eligible4 7b7 ,asylum applicants who become eligible for diversity visas ,section #bjd7;a77#a77;,i7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aaed7;a77#a77;,i77 is amended by adding at the end the following3 7iv7 7,i7 ,an asylum seeker in the ,united ,states who is notified that he or she is eligible for an immigrant visa pursuant to section #bjc7;c7 may file a petition with the district director that has jurisdiction over the district in which the asylum seeker resides 7or1 in the case of an asylum seeker who is or was in removal proceedings1 the immigration court in which the removal proceeding is pending or was adjudicated7 to adjust status to that of a permanent resident4 7,,ii7 ,a petition under subclause 7,i7 shall be filed not later than #cj days before the end of the fiscal year for which the petitioner received notice of eligibility for the visa and shall contain such information and be supported by such documentary evidence as the ,secretary of ,state may require4 7,,iii7 ,the district director or immigration court shall attempt to adjudicate each petition under this clause before the last day of the fiscal year for which the petitioner was selected4 ,notwithstanding clause 7ii77,,ii71 if the district director or immigration court is unable to complete such adjudication during such fiscal year1 the adjudication and adjustment of the petitioner's status may take place after the end of such fiscal year4 4 #bj4 ,protection of refugee families 7a7 ,children of refugee or asylee spouses and children ,a child of an alien who qualifies for admission as a spouse or child under section #bjg7;c77#b77;,a7 or #bjh7;b77#c7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aaeg7;c77#b77;,a7 and #aaeh7;b77#c77 shall be entitled to the same admission status as such alien if the child-- 7#a7 is accompanying or following to join such alien2 and 7#b7 is otherwise admissible under such section #bjg7;c77#b77;,a7 or #bjh7;b77#c74 7b7 ,separated children ,a child younger than #ah years of age who has been separated from the birth or adoptive parents of such child and is living under the care of an alien who has been approved for admission to the ,united ,states as a refugee shall be admitted as a refugee if-- 7#a7 it is in the best interest of such child to be placed with such alien in the ,united ,states2 and 7#b7 such child is otherwise admissible under section #bjg7;c77#c7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aaeg7;c77#c774 7c7 ,elimination of time limits on reunification of refugee and asylee families 7#a7 ,emergency situation refugees ,section #bjg7;c77#b77;,a7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aaeg7;c77#b77;,a77 is amended by striking ,a spouse or child 7as defined in section #aja7;b77#a7 7,a71 7,b71 7,c71 7,d71 or 7,e77 and inserting1 ,regardless of when such refugee was admitted to the ,united ,states1 a spouse or child 7other than a child described in section #aja7;b77#a77;,f774 7#b7 ,asylum ,section #bjh7;b77#c77;,a7 of such ,act 7#h ,u4,s4,c4 #aaeh7;b77#c77;,a77 is amended to read as follows3 7,a7 ,in general ,a spouse or child 7other than a child described in section #aja7;b77#a77;,f77 of an alien who was granted asylum under this subsection at any time may1 if not otherwise eligible for asylum under this section1 be granted the same status as the alien if accompanying or following to join such alien4 4 7d7 ,timely adjudication of refugee and asylee family reunification petitions ,title ,,ii of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aaea et seq47 is amended-- 7#a7 in section #bjg7;c77#b71 as amended by subsection 7c71 by adding at the end the following3 7,d7 ,the ,secretary shall ensure that the application of an alien who is following to join a refugee who qualifies for admission under paragraph 7#a7 is adjudicated not later than #ij days after the submission of such application4 2 and 7#b7 in section #bjh7;b77#c71 as amended by section #ae7;a77#b71 by adding at the end the following3 7,d7 ,timely adjudication ,the ,secretary shall ensure that the application of each alien described in subparagraph 7,a7 who applies to follow an alien granted asylum under this subsection is adjudicated not later than #ij days after the submission of such application4 4 #ba4 ,reform of refugee consultation process ,section #bjg of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aaeg7 is amended-- 7#a7 in subsection 7a71 by adding at the end the following3 7#e7 ,all officers of the ,federal ,government responsible for refugee admissions or refugee resettlement shall treat the determinations made under this subsection and subsection 7b7 as the refugee admissions goal for the fiscal year4 2 7#b7 in subsection 7d71 by adding at the end the following3 7#d7 ,not later than #ae days after the last day of each calendar quarter1 the ,president shall submit a report to the ,committee on the ,judiciary of the ,senate and the ,committee on the ,judiciary of the ,house of ,representatives that contains-- 7,a7 the number of refugees who were admitted during the previous quarter2 7,b7 the percentage of those arrivals against the refugee admissions goal for such quarter2 7,c7 the cumulative number of refugees who were admitted during the fiscal year as of the end of such quarter2 7,d7 the number of refugees to be admitted during the remainder of the fiscal year in order to meet the refugee admissions goal for the fiscal year2 and 7,e7 a plan that describes the procedural or personnel changes necessary to achieve the refugee admissions goal for the fiscal year4 2 and 7#c7 in subsection 7e7-- 7,a7 by redesignating paragraphs 7#a7 through 7#g7 as subparagraphs 7,a7 through 7,g71 respectively2 7,b7 in the matter preceding subparagraph 7,a71 as redesignated-- 7i7 by inserting 7#a7 after 7e72 and 7ii7 by inserting 1 which shall be commenced not later than ,may #a of each year and continue periodically throughout the remainder of the year1 if necessary1 after discussions in person2 7,c7 by striking ,to the extent possible1 and inserting the following3 7#b7 ,to the extent possible 2 and 7,d7 by adding at the end the following3 7#c7 7,a7 ,the plans referred to in paragraph 7#a77;,c7 shall include estimates of-- 7i7 the number of refugees the ,president expects to have ready to travel to the ,united ,states at the beginning of the fiscal year2 7ii7 the number of refugees and the stipulated populations the ,president expects to admit to the ,united ,states in each quarter of the fiscal year2 and 7iii7 the number of refugees the ,president expects to have ready to travel to the ,united ,states at the end of the fiscal year4 7,b7 ,the ,secretary of ,homeland ,security shall ensure that an adequate number of refugees are processed during the fiscal year to fulfill the refugee admissions goals under subsections 7a7 and 7b74 4 #bb4 ,admission of refugees in the absence of the annual ,presidential determination ,section #bjg7;a7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aaeg7;a77 is amended-- 7#a7 by striking paragraph 7#a72 7#b7 by redesignating paragraphs 7#b71 7#c71 7#d71 and 7#e7 as paragraphs 7#a71 7#b71 7#c71 and 7#d71 respectively2 7#c7 in paragraph 7#a71 as redesignated-- 7,a7 by striking after fiscal year #aihb2 and 7,b7 by adding at the end the following3 ,if the ,president does not issue a determination under this paragraph before the beginning of a fiscal year1 the number of refugees that may be admitted under this section in each quarter before the issuance of such determination shall be #be percent of the number of refugees admissible under this section during the previous fiscal year42 and 7#d7 in paragraph 7#c71 as redesignated1 by striking 7beginning with fiscal year #aiib74 #bc4 ,update of reception and placement grants ,beginning with fiscal year #bjad1 not later than #cj days before the beginning of each fiscal year1 the ,secretary shall notify ,congress of the amount of funds that the ,secretary will provide in its ,reception and ,placement ,grants in the coming fiscal year4 ,in setting the amount of such grants each year1 the ,secretary shall ensure that-- 7#a7 the grant amount is adjusted so that it is adequate to provide for the anticipated initial resettlement needs of refugees1 including adjusting the amount for inflation and the cost of living2 7#b7 an amount is provided at the beginning of the fiscal year to each national resettlement agency that is sufficient to ensure adequate local and national capacity to serve the initial resettlement needs of refugees the ,secretary anticipates the agency will resettle throughout the fiscal year2 and 7#c7 additional amounts are provided to each national resettlement agency promptly upon the arrival of refugees that1 exclusive of the amounts provided pursuant to paragraph 7#b71 are sufficient to meet the anticipated initial resettlement needs of such refugees and support local and national operational costs in excess of the estimates described in paragraph 7#a74 #bd4 ,protection for aliens interdicted at sea ,section #bda7;b77#c7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #abca7;b77#c77 is amended-- 7#a7 in the paragraph heading1 by striking to a country where alien's life or freedom would be threatened and inserting or return if refugee's life or freedom would be threatened or alien would be subjected to torture2 7#b7 in subparagraph 7,a7-- 7,a7 by striking ,notwithstanding and inserting the following3 7i7 ,life or freedom threatened ,notwithstanding 2 and 7,b7 by adding at the end the following3 7ii7 ,asylum interview ,notwithstanding paragraphs 7#a7 and 7#b71 a ,united ,states officer may not return any alien interdicted or otherwise encountered in international waters or ,united ,states waters who has expressed a fear of return to his or her country of departure1 origin1 or last habitual residence-- 7,i7 until such alien has had the opportunity to be interviewed by an asylum officer to determine whether that alien has a well-founded fear of persecution because of the alien's race1 religion1 nationality1 membership in a particular social group1 or political opinion1 or because the alien would be subject to torture in that country2 or 7,,ii7 if an asylum officer has determined that the alien has such a well-founded fear of persecution or would be subject to torture in his or her country of departure1 origin1 or last habitual residence4 2 7#c7 by redesignating subparagraphs 7,b7 and 7,c7 as subparagraphs 7,c7 and 7,d71 respectively2 and 7#d7 by inserting after subparagraph 7,a7 the following3 7,b7 ,protections for aliens interdicted in international or ,united ,states waters ,the ,secretary of ,homeland ,security shall issue regulations establishing a uniform procedure applicable to all aliens interdicted in international or ,united ,states waters that-- 7i7 provides each alien-- 7,i7 a meaningful opportunity to express1 through a translator who is fluent in a language the alien claims to understand1 a fear of return to his or her country of departure1 origin1 or last habitual residence2 and 7,,ii7 in a confidential setting and in a language the alien claims to understand1 information concerning the alien's interdiction1 including the ability to inform ,united ,states officers about any fears relating to the alien's return or repatriation2 7ii7 provides each alien expressing such a fear of return or repatriation a confidential interview conducted by an asylum officer1 in a language the alien claims to understand1 to determine whether the alien's return to his or her country of origin or country of last habitual residence is prohibited because the alien has a well-founded fear of persecution-- 7,i7 because of the alien's race1 religion1 nationality1 membership in a particular social group1 or political opinion2 or 7,,ii7 because the alien would be subject to torture in that country2 7iii7 ensures that each alien can effectively communicate with ,united ,states officers through the use of a translator fluent in a language the alien claims to understand2 and 7iv7 provides each alien who1 according to the determination of an asylum officer1 has a well-founded fear of persecution for the reasons specified in clause 7ii7 or would be subject to torture1 an opportunity to seek protection in-- 7,i7 a country other than the alien's country of origin or country of last habitual residence in which the alien has family or other ties that will facilitate resettlement2 or 7,,ii7 if the alien has no such ties1 a country that will best facilitate the alien's resettlement1 which may include the ,united ,states4 4 #be4 ,modification of physical presence requirements for aliens serving as translators 7a7 ,in general ,section #ajei7;e77#a7 of the ,national ,defense ,authorization ,act for ,fiscal ,year #bjjf 7,public ,law #aji-afc2 #h ,u4,s4,c4 #aaja note7 is amended to read as follows3 7#a7 ,in general 7,a7 ,continuous residence ,an absence from the ,united ,states described in paragraph 7#b7 shall not be considered to break any period for which continuous residence in the ,united ,states is required for naturalization under title ,,iii of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #adja et seq474 7,b7 ,physical presence ,in the case of a lawful permanent resident1 for an absence from the ,united ,states described in paragraph 7#b71 the time spent outside of the ,united ,states in the capacity described in paragraph 7#b7 shall be counted towards the accumulation of the required physical presence in the ,united ,states4 4 7b7 ,effective date ,the amendment made by subsection 7a7 shall take effect as if included in the amendment made by section #a7;c77#b7 of the ,act entitled ,an ,act to increase the number of ,iraqi and ,afghani translators and interpreters who may be admitted to the ,united ,states as special immigrants1 and for other purposes1 approved ,june #ae1 #bjjg 7,public ,law #aaj-cf2 #aba ,stat4 #bbg74 #bf4 ,assessment of the ,refugee ,domestic ,resettlement ,program 7a7 ,in general ,as soon as practicable after the date of the enactment of this ,act1 the ,comptroller ,general of the ,united ,states shall conduct a study regarding the effectiveness of the domestic refugee resettlement programs operated by the ,office of ,refugee ,resettlement4 7b7 ,matters ,to be studied ,in the study required under subsection 7a71 the ,comptroller ,general shall determine and analyze-- 7#a7 how the ,office of ,refugee ,resettlement defines self-sufficiency2 7#b7 if this definition is adequate in addressing refugee needs in the ,united ,states2 7#c7 the effectiveness of the ,office of ,refugee ,resettlement programs in helping refugees to meet self-sufficiency2 7#d7 an analysis of the unmet needs of the programs2 7#e7 an evaluation of the ,office of ,refugee ,resettlement's budgetary resources and projection of the amount of additional resources needed to fully address the unmet needs of refugees with regard to self-sufficiency2 7#f7 the role of community-based organizations in serving refugees in areas experiencing a high number of new refugee arrivals2 7#g7 an analysis of how community-based organizations can be better utilized and supported in the ,federal domestic resettlement process2 and 7#h7 recommendations on statutory changes to improve the ,office of ,refugee ,resettlement and the domestic refugee program in relation to the matters analyzed under paragraphs 7#a7 through 7#g74 7c7 ,report ,not later than #b years after the date of the enactment of this ,act1 the ,comptroller ,general shall submit a report to ,congress that contains the results of the study required under subsection 7a74 #bg4 ,refugee assistance 7a7 ,amendments to the social services funding ,section #dab7;c77#a77;,b7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aebb7;c77#a77;,b77 is amended to read as follows3 7,b7 ,the funds available for a fiscal year for grants and contracts under subparagraph 7,a7 shall be allocated among the ,states based on a combination of-- 7i7 the total number or refugees 7including children and adults7 who arrived in the ,united ,states not more than #cf months before the beginning of such fiscal year and are actually residing in each ,state 7taking into account secondary migration7 as of the beginning of the fiscal year2 7ii7 the total number of all other eligible populations served by the ,office during the period described who are residing in the ,state as of the beginning of the fiscal year2 and 7iii7 projections on the number and nature of incoming refugees and other populations served by the ,office during the subsequent fiscal year4 4 7b7 ,report on secondary migration ,section #dab7;a77#c7 of such ,act 7#had ,u4,s4,c4 #aebb7;a77#c77 is amended-- 7#a7 by striking a periodic and inserting an annual2 and 7#b7 by adding at the end the following3 ,at the end of each fiscal year1 the ,assistant ,secretary shall submit a report to ,congress that describes the findings of the assessment1 including ,states experiencing departures and arrivals due to secondary migration1 likely reasons for migration1 the impact of secondary migration on ,states hosting secondary migrants1 availability of social services for secondary migrants in those ,states1 and unmet needs of those secondary migrants44 7c7 ,assistance made available to secondary migrants ,section #dab7;a77#a7 of such ,act 7#h ,u4,s4,c4 #aebb7;a77#a77 is amended by adding at the end the following3 7,c7 ,when providing assistance under this section1 the ,assistant ,secretary shall ensure that such assistance is provided to refugees who are secondary migrants and meet all other eligibility requirements for such services4 4 7d7 ,notice and rulemaking ,not later than #ij days after the date of enactment of this ,act1 but in no event later than #cj days before the effective date of the amendments made by this section1 the ,assistant ,secretary shall-- 7#a7 issue a proposed rule of the new formula by which grants and contracts are to be allocated pursuant to the amendments made by subsection 7c72 and 7#b7 solicit public comment4 7e7 ,effective date ,the amendments made by this section shall take effect on the first day of the first fiscal year that begins after the date of the enactment of this ,act4 #bh4 ,resettlement data 7a7 ,in general ,the ,assistant ,secretary of ,health and ,human ,services for ,refugee and ,asylee ,resettlement 7referred to in this section as the ,assistant ,secretary7 shall expand the ,office of ,refugee ,resettlement's data analysis1 collection1 and sharing activities in accordance with this section4 7b7 ,data on mental and physical medical cases ,the ,assistant ,secretary shall coordinate with the ,centers for ,disease ,control1 national resettlement agencies1 community-based organizations1 and ,state refugee health programs to track national and ,state trends on refugees arriving with ,class ,a medical conditions and other urgent medical needs4 ,in collecting information under this subsection1 the ,assistant ,secretary shall utilize initial refugee health screening data1 including history of severe trauma1 torture1 mental health symptoms1 depression1 anxiety and post traumatic stress disorder1 recorded during domestic and international health screenings1 and ,refugee ,medical ,assistance utilization rate data4 7c7 ,data on housing needs ,the ,assistant ,secretary shall partner with ,state refugee programs1 community-based organizations1 and national resettlement agencies to collect data relating to the housing needs of refugees1 including-- 7#a7 the number of refugees who have become homeless2 and 7#b7 the number of refugees at severe risk of becoming homeless4 7d7 ,data on refugee employment and self-,sufficiency ,the ,assistant ,secretary shall gather longitudinal information relating to refugee self-sufficiency and employment status for #b-year period beginning #a year after the refugee's arrival4 7e7 ,availability of data ,the ,assistant ,secretary shall annually-- 7#a7 update the data collected under this section2 and 7#b7 submit a report to ,congress that contains the updated data4 #bi4 ,protections for refugees ,section #bji 7#h ,u4,s4,c4 #aaei7 is amended-- 7#a7 in subsection 7a77#a71 by striking return or be returned to the custody of the ,department of ,homeland ,security for inspection and examination for admission to the ,united ,states as an immigrant in accordance with the provisions of sections #bce1 #bdj1 and #bda and inserting be eligible for adjustment of status as an immigrant to the ,united ,states2 7#b7 in subsection 7a77#b71 by striking upon inspection and examination2 and 7#c7 in subsection 7c71 by adding at the end the following3 ,an application for adjustment under this section may be filed up to #c months before the date the applicant would first otherwise be eligible for adjustment under this section44 #cj4 ,extension of eligibility period for ,social ,security benefits for certain refugees 7a7 ,extension of eligibility period 7#a7 ,in general ,section #djb7;a77#b77,m77i7 of the ,personal ,responsibility and ,work ,opportunity ,reconciliation ,act of #aiif 7#h ,u4,s4,c4 #afab7;a77#b77,m77i77 is amended-- 7,a7 in subclause 7,i71 by striking #i-year and inserting #aj-year2 and 7,b7 in subclause 7,,ii71 by striking #b-year and inserting #c-year4 7#b7 ,conforming amendment ,the heading for section #djb7;a77#b77,m77i7 of such ,act is amended by striking ,two-year extension and inserting ,extension4 7#c7 ,effective date ,the amendments made by this subsection take effect on ,october #a1 #bjac4 7b7 ,extension of period for collection of unemployment compensation debts resulting from fraud ,paragraph 7#h7 of section #fdjb7;f7 of the ,internal ,revenue ,code of #aihf 7relating to collection of unemployment compensation debts resulting from fraud7 is amended by striking #aj years and inserting #aj years and #b months4 #ca4 ,authorization of appropriations ,there are authorized to be appropriated such sums as may be necessary to carry out this ,act1 and the amendments made by this ,act4 #cb4 ,determination of budgetary effects ,the budgetary effects of this ,act1 for the purpose of complying with the ,statutory ,pay-,as-,you-,go ,act of #bjaj 7,public ,law #aaa-aci71 shall be determined by reference to the latest statement titled ,budgetary ,effects of ,,paygo ,legislation for this ,act1 jointly submitted for printing in the ,congressional ,record by the ,chairmen of the ,senate ,budget ,committee1 provided that such statement has been submitted prior to the vote on passage4