,,ii #aadth ,,congress #b;d ,session ,s4 #cbda ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,july #ad1 #bjaf,mr4 ,leahy 7for himself1 ,mr4 ,durbin1 ,mr4 ,franken1 and ,ms4 ,hirono7 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 #bjaf4 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 certain vulnerable groups of asylum seekers4 ,sec4 #e4 ,scope and standard for review4 ,sec4 #f4 ,efficient asylum and refugee determination process4 ,sec4 #g4 ,secure alternatives4 ,sec4 #h4 ,conditions of detention4 ,sec4 #i4 ,timely notice of immigration charges4 ,sec4 #aj4 ,procedures for ensuring accuracy and verifiability of sworn statements taken pursuant to expedited removal authority4 ,sec4 #aa4 ,child welfare professionals4 ,sec4 #ab4 ,study on the effect of expedited removal provisions1 practices1 and procedures on asylum claims4 ,sec4 #ac4 ,training for border security and immigration enforcement officers4 ,sec4 #ad4 ,refugee opportunity promotion4 ,sec4 #ae4 ,protections for minors seeking asylum4 ,sec4 #af4 ,fair day in court for kids4 ,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 ,protecting victims of terrorism from being defined as terrorists4 ,sec4 #bg4 ,assessment of the ,refugee ,domestic ,resettlement ,program4 ,sec4 #bh4 ,refugee assistance4 ,sec4 #bi4 ,resettlement data4 ,sec4 #cj4 ,extension of eligibility period for ,social ,security benefits for certain refugees4 ,sec4 #ca4 ,prohibition on operation streamline for asylum seekers4 ,sec4 #cb4 ,t and ,u visa reforms4 ,sec4 #cc4 ,transparency in refugee determinations4 ,sec4 #cd4 ,authorization of appropriations4 ,sec4 #ce4 ,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-- 7,i7 an intention to apply for asylum under that section2 or 7,,ii7 a fear of persecution2 and 7iii7 any alien who indicates-- 7,i7 an intention to apply for withholding of removal pursuant to-- 7aa7 section #bda of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #abca72 or 7bb7 the ,convention ,against ,torture and ,other ,cruel1 ,inhuman or ,degrading ,treatment or ,punishment1 done at ,new ,york ,december #aj1 #aihd2 or 7,,ii7 a fear that the alien's life or freedom would be threatened2 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 ,department ,the term ,department means the ,department of ,homeland ,security4 7#c7 ,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 ,general or the ,secretary of ,homeland ,security1 the existence of changed circumstances that materially affect the applicant's eligibility for asylum4 7,d7 ,motion to reopen certain meritorious claims ,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 #bjaf 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 residence7 under section #bda7;b77#c72 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 was not denied asylum as a matter of discretion2 and 7v7 is physically present in the ,united ,states when the motion is filed4 4 #d4 ,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 or unwilling 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 ,a person who establishes that his or her actions were committed under duress or while the person was younger than #ah years of age shall not be considered to have ordered1 incited1 assisted1 or otherwise participated in persecution under this subparagraph4 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 evidence4 ,the trier of fact may not require such evidence if the applicant does not have the evidence and demonstrates that he or she cannot reasonably obtain the evidence4 ,evidence shall not be considered reasonably obtainable if procurement of such evidence would reasonably endanger the life or safety of any person42 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 or unwilling to protect individuals of the applicant's race1 religion1 nationality1 particular social group1 or political opinion1 or that the ,state's legal or social norms tolerate persecution against individuals of the applicant's race1 religion1 nationality1 particular social group1 or political opinion1 may establish that persecution is on account of one of the grounds enumerated in subsection 7a77#db77;,a77i77,,ii74 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 evidence4 ,the trier of fact may not require such evidence if the applicant does not have the evidence and demonstrates that he or she cannot reasonably obtain the evidence4 ,evidence shall not be considered reasonably obtainable under this subparagraph if procurement of such evidence would reasonably endanger the life or safety of any person in the applicant's home country42 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 #e4 ,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 #f4 ,efficient asylum and refugee determination process 7a7 ,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 7ii7-- 7,a7 in the heading1 by striking ,referral and inserting ,interview and referral2 and 7,b7 by striking the alien shall be detained for further consideration of the application for asylum4 and inserting the alien 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 ,services1 subject to a custody redetermination hearing before an immigration judge pursuant to procedures established in accordance with section #bcf7;a7 and its implementing regulations4 ,the asylum officer shall conduct a nonadversarial asylum interview and1 after seeking supervisorial review1 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 protection 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 7b7 ,refugee determination process ,if an application for admission to the ,united ,states under section #bjg of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aaeg7 is placed on hold for longer than #c months or is subject to the expiration and repetition of more than #c screenings and one or more members of the applicant's family also have pending applications for admission under such section1 the ,secretary of ,homeland ,security shall notify any individual on that case who is eligible to travel separately of the option to separate such individual's case from the family unit and shall permit such individual to travel based upon such individual's satisfaction of all security and other requirements for refugee applications4 7c7 ,clarification on asylum eligibility ,section #bjh of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aaeh7 is amended-- 7#a7 in subsection 7b77#b7-- 7,a7 by striking subparagraph 7,c72 and 7,b7 by redesignating subparagraph 7,d7 as subparagraph 7,c72 and 7#b7 by adding at the end the following3 7f7 ,clarification on asylum eligibility ,notwithstanding any other provisions of law1 an alien's eligibility for asylum shall be governed solely by this section4 4 #g4 ,secure alternatives 7a7 ,establishment ,the ,secretary1 in consultation with nongovernmental organizations1 shall establish a continuum of alternatives to detention and case management services 7referred to in this section as secure alternatives71 including screening of detainees1 appearance assistance services1 and community-based supervision programs1 in each ,enforcement and ,removal ,operations field office operated by ,u4,s4 ,immigration and ,customs ,enforcement to ensure appearances by aliens at immigration proceedings4 7b7 ,contract authority ,the ,secretary may contract with nongovernmental community-based organizations to meet the requirements under subsection 7a74 7c7 ,use of bond or recognizance ,the ,secretary may not use secure alternatives when release on reasonable bond or recognizance is determined to be a sufficient measure to ensure an alien's appearance at immigration proceedings and protect public safety4 7d7 ,program requirements 7#a7 ,individualized determinations and review ,in determining whether to use secure alternatives1 the ,secretary-- 7,a7 shall make an individualized determination about the level of monitoring necessary to ensure an alien's appearance at immigration proceedings and protect public safety2 7,b7 shall review the level of supervision on a frequent basis and adjust as appropriate2 and 7,c7 shall limit the use of restrictive electronic monitoring devices1 such as ankle bracelets to cases in which there is a demonstrated need for such enhanced monitoring4 7#b7 ,program elements ,secure alternatives under this section 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#c7 ,custody ,the ,secretary may use secure alternatives to maintain custody over any alien detained under the ,immigration and ,nationality ,act1 except for aliens detained under section #bcf;,a of such ,act 7#h ,u4,s4,c4 #abbf;a74 7e7 ,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 or reasonable 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 makes an individualized determination supported 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 and in writing1 in a language the alien claims to understand4 4 #h4 ,conditions of detention 7a7 ,definitions ,in this section3 7#a7 ,applicable standards ,the term applicable standards means the most recent version of detention standards and detention-related policies issued by the ,secretary or the ,director of ,u4,s4 ,immigration and ,customs ,enforcement4 7#b7 ,detention facility ,the term detention facility means a ,federal1 ,state1 or local government facility1 or a privately owned and operated facility1 that is used1 in whole or in part1 to hold individuals under the authority of the ,director of ,u4,s4 ,immigration and ,customs ,enforcement1 including facilities that hold such individuals under a contract or agreement with the ,director4 7b7 ,detention requirements ,the ,secretary shall ensure that all persons detained pursuant to the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aaja et seq47 are treated humanely and benefit from the protections set forth in this section4 7c7 ,oversight requirements 7#a7 ,annual inspection ,all detention facilities shall be inspected by the ,secretary on a regular basis1 but not less than annually1 for compliance with applicable detention standards issued by the ,secretary and other applicable regulations4 7#b7 ,routine oversight ,in addition to annual inspections1 the ,secretary shall conduct routine oversight of detention facilities1 including unannounced inspections4 7#c7 ,availability of records ,all detention facility contracts1 memoranda of agreement1 and evaluations and reviews shall be considered records for purposes of section #eeb7;f77#b7 of title #e1 ,united ,states ,code4 7#d7 ,consultation ,the ,secretary shall seek input from nongovernmental organizations regarding their independent opinion of specific facilities4 7d7 ,compliance mechanisms 7#a7 ,agreements 7,a7 ,new agreements ,compliance with applicable standards established by the ,secretary and all applicable regulations1 and meaningful financial penalties for failure to comply1 shall be a material term in any new contract1 memorandum of agreement1 or any renegotiation1 modification1 or renewal of an existing contract or agreement1 including fee negotiations1 executed with detention facilities4 7,b7 ,existing agreements ,not later than #ahj days after the date of the enactment of this ,act1 the ,secretary shall secure a modification incorporating these terms for any existing contracts or agreements that will not be renegotiated1 renewed1 or otherwise modified4 7,c7 ,cancellation of agreements ,unless the ,secretary provides a reasonable extension to a specific detention facility that is negotiating in good faith1 contracts or agreements with detention facilities that are not modified within #a year of the date of the enactment of this ,act shall be canceled4 7,d7 ,provision of information ,in making modifications under this paragraph1 the ,secretary shall require that detention facilities regularly provide the ,secretary with all contracts1 memoranda of agreement1 evaluations1 and reviews regarding the facility4 ,the ,secretary shall make such materials available to the public4 7#b7 ,financial penalties 7,a7 ,requirement to impose ,subject to subparagraph 7,c71 the ,secretary shall impose meaningful financial penalties upon facilities that fail to comply with applicable detention standards established by the ,secretary and other applicable regulations4 7,b7 ,timing of imposition ,financial penalties shall be imposed under subparagraph 7,a7 immediately after a facility fails to achieve an adequate or the equivalent median score in any performance evaluation4 7,c7 ,waiver ,the requirements under subparagraph 7,a7 may be waived if the facility corrects the noted deficiencies and receives an adequate score during the #ij-;day period beginning on the date on which the facility failed to achieve an adequate score in a performance evaluation4 7,d7 ,multiple offenders ,if a facility persistently and substantially fails to comply with applicable detention standards1 including scoring less than adequate or the equivalent median score in #b consecutive inspections-- 7i7 the ,secretary shall terminate all contracts or agreements with such facility not later than #fj days after such failure2 or 7ii7 if the facility is operated by the ,secretary1 the ,secretary shall close such facility not later than #ij days after such failure4 7e7 ,reporting requirements 7#a7 ,objectives ,not later than ,june #cj of each year1 the ,secretary shall prepare and submit a report to the ,committee on the ,judiciary of the ,senate and the ,committee on the ,judiciary of the ,house of ,representatives that describes the inspection and oversight activities of detention facilities4 7#b7 ,contents ,each report submitted under paragraph 7#a7 shall include-- 7,a7 a description of each detention facility found to be in noncompliance with applicable detention standards issued by the ,department or other applicable regulations2 7,b7 a description of the actions taken by the ,department to remedy any findings of noncompliance or other identified problems1 including financial penalties1 contract or agreement termination1 or facility closure2 and 7,c7 information regarding whether the actions described in subparagraph 7,b7 resulted in compliance with applicable detention standards and regulations4 7f7 ,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 #i4 ,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 #aj4 ,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 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 is not certified by the ,department to 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 #aa4 ,child welfare professionals 7a7 ,defined term ,the term qualified child welfare professional means a professional with expertise in developmentally appropriate1 culturally competent1 and trauma-centered interviewing skills4 7b7 ,guidelines ,the ,secretary1 in consultation with the ,secretary of ,health and ,human ,services1 shall develop guidelines and train all relevant staff in accordance with such guidelines1 to ensure that all children in the custody of the ,department are properly screened for protection needs4 7c7 ,memorandum of understanding ,the ,secretary and the ,secretary of ,health and ,human ,services shall establish a memorandum of understanding for the placement of qualified child welfare professionals1 on a full- or part-time basis1 to assist with screening for protection needs in not fewer than #g ,u4,s4 ,customs and ,border ,protection offices or stations1 with presumptive priority given to those offices or stations with the largest number of child apprehensions during the previous fiscal year4 #ab4 ,study on the effect of expedited removal provisions1 practices1 and procedures on asylum claims 7a7 ,study 7#a7 ,definitions ,in this subsection3 7,a7 ,commission ,the term ,commission means the ,united ,states ,commission on ,international ,religious ,freedom4 7,b7 ,credible fear of persecution ,the term credible fear of persecution has the meaning given the term in section #bce7;b77#a77;,b77v7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #abbe7;b77#a77;,b77v774 7,c7 ,immigration officer ,the term immigration officer means 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-- 7i7 are apprehended after entering the ,united ,states2 and 7ii7 may be eligible to apply for asylum under section #bjh or #bce of such ,act4 7#b7 ,authorization ,the ,commission is authorized to conduct a study to determine whether immigration officers are engaging in conduct described in paragraph 7#c74 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#a77;,c7 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 persecution1 including failing to record an alien's expression of fear of persecution or torture2 7,c7 incorrectly removes such an alien to a country in which the alien may be persecuted2 7,d7 detains such an alien improperly or under inappropriate conditions2 7,e7 improperly separates a family unit after a family member has expressed a credible fear of persecution2 or 7,f7 improperly refers an alien for processing under an enforcement or deterrence program1 such as the ,consequence ,delivery ,system4 7b7 ,report ,not later than #b years after the date on which the ,commission initiates the study under subsection 7a77#b71 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 #ac4 ,training for border security and immigration enforcement officers ,the ,secretary shall ensure that ,u4,s4 ,customs and ,border ,protection officers1 ,u4,s4 ,border ,patrol agents1 ,u4,s4 ,immigration and ,customs ,enforcement officers and agents1 ,united ,states ,air and ,marine ,division agents1 and agriculture specialists stationed within #ajj miles of any land or marine border of the ,united ,states or at any ,united ,states port of entry receive appropriate training1 which shall be prepared in collaboration with the ,assistant ,attorney ,general for the ,civil ,rights ,division of the ,department of ,justice1 in-- 7#a7 identifying and detecting fraudulent travel documents2 7#b7 civil1 constitutional1 human1 and privacy rights of individuals2 7#c7 the scope of enforcement authorities1 including interrogations1 stops1 searches1 seizures1 arrests1 and detentions2 7#d7 use of force policies issued by the ,secretary2 7#e7 immigration laws1 including screening1 identifying1 and addressing vulnerable populations1 such as children1 victims of crime and human trafficking1 and individuals fleeing persecution or torture2 7#f7 social and cultural sensitivity toward border communities2 7#g7 the impact of border operations on communities2 and 7#h7 any particular environmental concerns in a particular area4 #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 ,derivative refugees and asylees 7#a7 ,admission of spouse1 child1 mother1 or father ,section #bjg7;c7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aaeg7;c77 is amended-- 7,a7 by amending paragraph 7#b7 to read as follows3 7#b7 7,a7 7i7 ,a spouse or child 7as defined in subparagraph 7,a71 7,b71 7,c71 7,d71 or 7,e7 of section #aja7;b77#a77 of any refugee1 or the mother or father of an alien who is such a child and who qualifies for admission under paragraph 7#a71 if not otherwise entitled to admission under such paragraph and not described in section #aja7;a77#db77;,b71 shall be entitled to the same admission status as such refugee if-- 7,i7 accompanying1 or following to join1 such refugee2 and 7,,ii7 the spouse1 child1 mother1 or father is admissible 7except as otherwise provided under paragraph 7#c77 as an immigrant under this chapter4 7ii7 ,the admission to the ,united ,states of a spouse1 child1 mother1 or father described in subparagraph 7,a7 shall be charged against the numerical limitation established in accordance with the appropriate subsection under which the refugee's admission is charged4 7,b7 7i7 ,an unmarried alien who seeks to accompany1 or follow to join1 his or her mother or father who was granted admission as a refugee under this subsection1 and who was younger than #ba years of age on the date on which such mother or father applied for refugee status under this section1 shall continue to be classified as a child for purposes of this paragraph if the alien attained #ba years of age while such application was pending4 7ii7 ,a mother or father who seeks to accompany1 or follow to join1 an alien granted admission as a refugee under this subsection shall continue to be classified as a mother or father for purposes of this paragraph1 if the alien attained #ba years of age while such application was pending4 2 and 7,b7 in paragraph 7#d71 by striking 7and of the spouse or child of the alien7 and inserting 7and of the spouse1 child1 mother1 or father of the alien74 7#b7 ,treatment of spouse1 children1 mother1 and father seeking asylum ,section #bjh7;b77#c7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aaeh7 is amended-- 7,a7 in the paragraph heading1 by striking and children and inserting 1 children1 mothers1 and fathers2 7,b7 in subparagraph 7,a71 by striking 7as defined in section #aja7;b77#a77;,a71 7,b71 7,c71 7,d71 or 7,e77 of an alien and inserting 7as defined in subparagraph 7,a71 7,b71 7,c71 7,d71 or 7,e7 of section #aja7;b77#a77 of an alien1 or the mother or father of an alien who is such a child12 and 7,c7 by amending subparagraph 7,b7 to read as follows3 7,b7 ,continued classification of certain aliens as children 7i7 ,an unmarried alien who seeks to accompany1 or follow to join1 a mother or father granted asylum under this subsection1 and who was younger than #ba years of age on the date on which such mother or father applied for asylum under this section1 shall continue to be classified as a child for purposes of this paragraph and section #bji7;b77#c7 if the alien attained #ba years of age while such application was pending4 7ii7 ,a mother or father who seeks to accompany1 or follow to join1 an alien granted asylum under this subsection shall continue to be classified as a mother or father for purposes of this paragraph and section #bji7;b77#c7 if the alien attained #ba years of age while such application was pending4 4 7c7 ,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-- 7,a7 reentered the ,united ,states illegally after having been removed or after having departed voluntarily under an order of removal2 and 7,b7 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 ,fair day in court for kids 7a7 ,improving immigration court efficiency and reducing costs by increasing access to legal information 7#a7 ,appointment of counsel in certain cases2 right ,to review certain documents in removal proceedings ,section #bdj7;b7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #abbi;a7b77 is amended-- 7,a7 in paragraph 7#d7-- 7i7 in subparagraph 7,a7-- 7,i7 by striking 1 at no expense to the ,government12 and 7,,ii7 by striking the comma at the end and inserting a semicolon2 7ii7 by redesignating subparagraphs 7,b7 and 7,c7 as subparagraphs 7,d7 and 7,e71 respectively2 7iii7 by inserting after subparagraph 7,a7 the following3 7,,ii7 the ,attorney ,general may appoint or provide counsel to aliens in immigration proceedings2 7,,iii7 at the beginning of the proceedings or as expeditiously as possible1 the alien shall automatically receive a complete copy of the alien's ,alien ,file 7commonly known as an ,a-file7 and ,form ,i-#hfb 7commonly known as a ,notice to ,appear7 in the possession of the ,department of ,homeland ,security 7other than documents protected from disclosure by privilege1 including national security information referred to in subparagraph 7,d71 law enforcement sensitive information1 and information prohibited from disclosure pursuant to any other provision of law7 unless the alien waives the right to receive such documents by executing a knowing and voluntary written waiver in a language that he or she understands fluently2 2 and 7iv7 in subparagraph 7,d71 as redesignated1 by striking 1 and and inserting 2 and2 and 7,b7 by adding at the end the following3 7#h7 ,failure to provide alien required documents ,in the absence of a waiver under paragraph 7#d77;,c71 a removal proceeding may not proceed until the alien-- 7,a7 has received the documents required under such paragraph2 and 7,b7 has been provided meaningful time to review and assess such documents4 4 7#b7 ,clarification regarding the authority of the attorney general to appoint counsel to aliens in immigration proceedings ,section #bib of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #acfb7 is amended-- 7,a7 by striking ,in any and inserting the following3 7a7 ,in general ,in any 2 7,b7 in subsection 7a71 as redesignated-- 7i7 by striking 7at no expense to the ,government72 and 7ii7 by striking he shall and inserting the person shall2 and 7,c7 by adding at the end the following3 7b7 ,appointment of counsel 7#a7 ,in general ,the ,attorney ,general may appoint or provide counsel to aliens in any proceeding conducted under section #bce7;b71 #bcf1 #bch1 #bdj1 or #bda or any other section of this ,act4 7#b7 ,access to counsel ,the ,secretary of ,homeland ,security shall facilitate access to counsel for aliens detained inside immigration detention and border facilities in any proceeding conducted under section #bce7;b71 #bcf1 #bch1 #bdj1 or #bda4 4 7#c7 ,appointment of counsel for children and vulnerable individuals 7,a7 ,in general ,section #bib of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #acfb71 as amended by paragraph 7#b71 is further amended by adding at the end the following3 7c7 ,children and vulnerable individuals ,notwithstanding subsection 7b71 the ,attorney ,general shall appoint counsel1 at the expense of the ,government if necessary1 at the beginning of the proceedings or as expeditiously as possible1 to represent in such proceedings any alien who has been determined by the ,secretary of ,homeland ,security or the ,attorney ,general to be-- 7#a7 a child2 7#b7 a particularly vulnerable individual1 such as-- 7,a7 a person with a disability2 or 7,b7 a victim of abuse1 torture1 or violence2 or 7#c7 an individual whose circumstances are such that the appointment of counsel is necessary to help ensure fair resolution and efficient adjudication of the proceedings4 7d7 ,authorization of appropriations ,there is authorized to be appropriated to the ,executive ,office of ,immigration ,review of the ,department of ,justice such sums as may be necessary to carry out this section4 4 7,b7 ,rulemaking ,the ,attorney ,general shall promulgate regulations to implement section #bib7;c7 of the ,immigration and ,nationality ,act1 as added by subparagraph 7,a71 in accordance with the requirements set forth in section #cjjf;,a of title #ah1 ,united ,states ,code4 7b7 ,access by counsel and legal orientation at detention facilities 7#a7 ,access to legal orientation programs ,the ,secretary1 in consultation with the ,attorney ,general1 shall establish procedures to ensure that legal orientation programs are available for all aliens detained by the ,department to inform such aliens of the basic procedures of immigration hearings1 their rights relating to those hearings under ,federal immigration laws1 information that may deter such aliens from filing frivolous legal claims1 and any other information that the ,attorney ,general considers appropriate1 such as a contact list of potential legal resources and providers4 ,access to legal orientation programs shall not be limited by the alien's current immigration status1 prior immigration history1 or potential for immigration relief4 7#b7 ,pilot project for nondetained aliens in removal proceedings ,the ,attorney ,general shall develop and administer a #b-year pilot program at not fewer than #b immigration courts to provide nondetained aliens with pending asylum claims access to legal information4 ,at the conclusion of the pilot program1 the ,attorney ,general 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 describes the extent to which nondetained aliens are provided with access to counsel4 7#c7 ,authorization of appropriations ,there is authorized to be appropriated to the ,executive ,office of ,immigration ,review of the ,department of ,justice such sums as may be necessary to carry out this subsection4 7c7 ,case management pilot program ,to increase court appearance rates 7#a7 ,contract authority ,the ,secretary shall establish a pilot program to increase the court appearance rates of aliens described in paragraphs 7#b7 and 7#c7 of section #bib7;c7 of the ,immigration and ,nationality ,act1 as added by subsection 7a77#c77;,a71 by contracting with nongovernmental1 community-based organizations to provide appropriate case management services to such aliens4 7#b7 ,scope of services ,case management services provided under paragraph 7#a7 shall include assisting aliens with-- 7,a7 accessing legal counsel2 7,b7 complying with court-imposed deadlines and other legal obligations2 and 7,c7 accessing social services1 as appropriate4 7#c7 ,authorization of appropriations ,there is authorized to be appropriated to the ,department such sums as may be necessary to carry out this subsection4 7d7 ,report on access to counsel 7#a7 ,report ,not later than ,december #ca of each year1 the ,secretary1 in consultation with the ,attorney ,general1 shall prepare and submit a report to the ,committee on the ,judiciary of the ,senate and the ,committee on the ,judiciary of the ,house of ,representatives regarding the extent to which aliens described in section #bib7;c7 of the ,immigration and ,nationality ,act1 as added by subsection 7a77#c77;,a71 have been provided access to counsel4 7#b7 ,contents ,each report submitted under paragraph 7#a7 shall include1 for the immediately preceding #a-year period1 the number and percentage of aliens described in paragraphs 7#a71 7#b71 and 7#c71 respectively1 of section #bib7;c7 of the ,immigration and ,nationality ,act1 as added by subsection 7a77#c77;,a71 who were represented by counsel1 including information specifying-- 7,a7 the stage of the legal process at which the alien was represented2 7,b7 whether the alien was in government custody2 and 7,c7 the number and percentage of aliens who received legal orientation presentations4 #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 stateless person means an individual who is not considered a national under the operation of the laws of any country4 7#b7 ,designation of specific stateless groups ,the ,secretary of ,homeland ,security1 in consultation with the ,secretary of ,state1 may1 in the discretion of the ,secretary of ,homeland ,security1 designate specific groups of individuals who are considered stateless persons1 for purposes of this section4 7b7 ,mechanisms for regularizing the status of stateless persons 7#a7 ,relief for certain individuals determined to be stateless persons ,the ,secretary of ,homeland ,security or the ,attorney ,general shall provide lawful conditional resident status to an alien who-- 7,a7 is a stateless person who is present in the ,united ,states2 7,b7 applies for such relief2 7,c7 has not lost his or her nationality as a result of voluntary action after arrival in the ,united ,states1 unless the loss was the result of duress1 coercion1 or a reasonable expectation that he or she had acquired or would acquire another nationality or citizenship2 and 7,d7 is not inadmissible under paragraph 7#b7 or 7#c7 of section #bab7;a7 based on criminal or national security grounds and is not described in section #bda7;b77#c77;,b77i74 7#b7 ,waivers ,the ,secretary of ,homeland ,security or the ,attorney ,general may waive any provisions under paragraph 7#b7 or 7#c7 of section #bab7;a7 7other than subparagraph 7,b71 7,d77ii71 7,e71 7,g71 7,h71 or 7,i7 of paragraph 7#b7 or subparagraph 7,a71 7,b71 7,c71 7,e71 or 7,f7 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 available passport or travel document issued at any time to the alien 7whether or not the passport or document has expired or been canceled1 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 authorize an alien who has applied for and is found prima facie eligible for or been granted relief under paragraph 7#a7 to engage in employment in the ,united ,states4 7#e7 ,travel documents ,upon request1 the ,secretary of ,homeland ,security shall provide the conditional resident recognized under subsection 7b7 with a document that facilitates the alien's ability to travel abroad and be admitted to the ,united ,states upon return1 if otherwise admissible4 7#f7 ,treatment of spouse and children ,the spouse or child of an alien who has been granted lawful conditional resident status under paragraph 7#a7 shall1 if not otherwise eligible for admission under paragraph 7#a71 be granted lawful conditional resident status under this subsection if accompanying1 or following to join1 such alien if-- 7,a7 the spouse or child is admissible 7except as otherwise provided in paragraph 7#b77 and is not described in section #bda7;b77#c77;,b77i72 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 #a-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 #a year2 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 shall 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 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 has not acquired permanent foreign residence that is substantially likely to result in the acquisition of citizenship2 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 #a year before the date of such approval4 7d7 ,travel documents ,upon request1 the ,secretary of ,homeland ,security shall provide alien lawfully admitted for permanent residence under subsection 7c7 with a document that facilitates the alien's ability to travel abroad and be admitted to the ,united ,states upon return1 if otherwise admissible4 7e7 ,proving the claim 7#a7 ,in general ,in determining an alien's eligibility for lawful conditional resident status or lawful permanent resident status under this section1 the ,secretary of ,homeland ,security or the ,attorney ,general shall consider any credible evidence relevant to the application1 including information from the ,secretary of ,state1 especially the ,bureaus of ,population ,refugees and ,migration and the ,bureau of ,democracy1 ,human ,rights and ,labor4 7#b7 ,burden of proof ,in determining an alien's eligibility for lawful conditional resident status or lawful permanent resident status under this section-- 7,a7 the applicant shall provide a full and truthful account of his or her legal status in any nation in which the applicant was born or resided before entering the ,united ,states and submit all evidence reasonably available2 and 7,b7 the ,secretary of ,homeland ,security shall obtain and submit to the immigration officer or immigration judge all available evidence regarding the applicant's legal status in the nation of birth or prior residence4 7f7 ,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 7,a7 ,in general ,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 proceedings in order to apply for relief under this section4 7,b7 ,deadlines ,any motion under subparagraph 7,a7 shall be filed not later than the later of-- 7i7 #b years after the date of the enactment of the ,refugee ,protection ,act of #bjaf2 or 7ii7 #ij days after the date of entry of a final administrative order of removal1 deportation1 or exclusion4 7,c7 ,effect of other limitations ,no time or numerical limitation may be construed to restrict the filing of a motion to reopen under this section if such limitation is based on previously unavailable or changed facts or circumstances that would undermine an applicant's access to nationality that was previously alleged by the ,secretary of ,homeland ,security or the applicant4 7g7 ,limitations 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 or 7,b7 the parole of any alien into the ,united ,states4 4 7b7 ,conforming amendment ,section #bjc7;b77#d7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aaec7;b77#d77 is amended by inserting to aliens granted adjustment of status under section #baj;,a7c7 or after level14 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 is for purposes of adjudicatory efficiency and may be revoked by the ,president at any time after notification to ,congress4 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 #bjaf2 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 7vii7 ,a decision to deny admission under this section to an alien who establishes to the satisfaction of the ,secretary that the alien is a member of a group designated under clause 7i7-- 7,i7 shall be in writing2 and 7,,ii7 shall cite the specific applicable provisions of this ,act upon which such denial was based1 including-- 7aa7 the facts underlying the determination2 and 7bb7 whether there is a waiver of inadmissibility available to the applicant4 4 7b7 ,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 spouse1 child 7other than a child described in section #aja7;b77#a77;,f771 mother1 or father of an alien who is a 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 spouse1 child 7other than a child described in section #aja7;b77#a77;,f771 mother1 or father of an alien who is a 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 7c77#a71 by adding at the end the following3 7,c7 7i7 ,a person who is lawfully present in the ,united ,states may file an affidavit of relationship for such person's spouse or child 7other than a child described in section #aja7;b77#a77;,f77 to enter the ,united ,states as a refugee if such spouse or child qualifies for admission under paragraph 7#a7 and is not described in section #aja7;a77#db77;,b74 7ii7 ,a spouse or child described in clause 7i7 may enter the ,united ,states as a refugee through the family reunification procedures described in subparagraph 7,a71 regardless of the how the lawfully present person entered the ,united ,states4 7iii7 ,the admission of a spouse or child described in clause 7i7 shall be subject to the numerical limitations established pursuant to subsections 7a7 and 7b74 7,d7 ,the ,secretary of ,homeland ,security 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 #ae and subsection 7c77#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 7,c7 ,in fulfilling the requirements under this subsection1 the ,president shall-- 7i7 establish specific objectives or measurements for the integration of refugees admitted to the ,united ,states2 and 7ii7 submit an annual report to ,congress on the integration of resettled refugees on the basis of such objectives or measurements4 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 of ,state 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 in a confidential setting 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 ,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 a consular officer1 the ,attorney ,general1 or 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 one 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 two 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 following ,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 following ,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 #bg4 ,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 #bh4 ,refugee assistance 7a7 ,amendments to 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#h ,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 ,director 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 ,director shall ensure that such assistance is also provided to refugees who are secondary migrants and meet all other eligibility requirements for such services4 4 7d7 ,refugees needing specialized medical care or preparation ,section #dab7;b77#d77;,b7 of such ,act 7#h ,u4,s4,c4 #aebb7;b77#d77;,b77 is amended by inserting requiring specialized care or preparation before the refugee's arrival in the ,united ,states1 or after medical conditions4 7e7 ,legal assistance for refugees and asylees ,section #dab7;c77#a77;,a7 of such ,act 7#h ,u4,s4,c4 #aebb7;c77#a77;,a77 is amended-- 7#a7 in clause 7ii71 by striking and at the 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 7f7 ,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 7g7 ,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 #bi4 ,resettlement data ,section #dab7;a7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aebb7;a77 is amended-- 7#a7 in paragraph 7#b77;,a71 by inserting 1 and shall consider data collected under paragraph 7#aa7 before the period at the end2 and 7#b7 by adding at the end the following3 7#aa7 7,a7 ,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 paragraph4 7,b7 ,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 paragraph1 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 7,c7 ,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-- 7i7 the number of refugees who have become homeless2 and 7ii7 the number of refugees at severe risk of becoming homeless4 7,d7 ,the ,assistant ,secretary shall gather longitudinal information relating to refugee self-sufficiency and employment status for a #b-year period beginning #a year after the refugee's arrival4 7,e7 ,the ,assistant ,secretary shall annually-- 7i7 update the data collected under this paragraph2 and 7ii7 submit a report to ,congress that contains the updated data4 4 #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 shall take effect as of ,october #a1 #bjaf4 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 ,prohibition on operation streamline for asylum seekers ,the ,secretary shall refrain from referring any asylum seeker for prosecution under section #bge or #bgf of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #acbe or #acbf7 absent a negative determination pursuant to section #bce7;b77#a77;,b7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #abbe7;b77#a77;,b774 #cb4 ,t and ,u visa reforms 7a7 ,t visas ,section #bad7o7 7#h ,u4,s4,c4 #aahd7o77 is amended by adding at the end the following3 7#h7 ,notwithstanding any provision of this ,act granting eligibility for employment in the ,united ,states1 the ,secretary of ,homeland ,security shall grant employment authorization to an alien who has filed an application for nonimmigrant status under section #aja7;a77#ae77,t7 on the date that is the earlier of-- 7,a7 the date on which the alien's application for such status is approved2 and 7,b7 a date determined by the ,secretary that is not later than #ahj days after the date on which such alien filed such application4 4 7b7 ,u visas 7#a7 ,increased accessibility ,section #bad7p77#b77;,a7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aahd7p77#b77;,a77 is amended by striking #aj1jjj and inserting #bj1jjj4 7#b7 ,work authorization while ,u visa applications are pending ,section #bad7p7 of such ,act 7#h ,u4,s4,c4 #aahd7p771 as amended by paragraph 7#a71 is further amended-- 7,a7 in paragraph 7#f71 by striking the last sentence2 and 7,b7 by adding at the end the following3 7#h7 ,work authorization ,notwithstanding any provision of this ,act granting eligibility for employment in the ,united ,states1 the ,secretary of ,homeland ,security shall grant employment authorization to an alien who has filed an application for nonimmigrant status under section #aja7;a77#ae77,u7 on the date that is the earlier of-- 7,a7 the date on which the alien's application for such status is approved2 and 7,b7 a date determined by the ,secretary that is not later than #ahj days after the date on which such alien filed such application4 4 #cc4 ,transparency in refugee determinations ,section #bjg7;c7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aaeg7;c77 is amended by adding at the end the following3 7#e7 ,the adjudicator of an application for refugee status under this section shall consider all relevant evidence and maintain a record of the evidence considered4 7#f7 ,an applicant for refugee status may be represented1 including at a refugee interview1 at no expense to the ,government1 by an attorney or accredited representative who-- 7,a7 was chosen by the applicant2 and 7,b7 is authorized by the ,secretary of ,homeland ,security to be recognized as the representative of such applicant in an adjudication under this section4 7#g7 7,a7 ,a decision to deny an application for refugee status under this section-- 7i7 shall be in writing2 and 7ii7 shall cite the specific applicable provisions of this ,act upon which such denial was based1 including-- 7,i7 the facts underlying the determination2 and 7,,ii7 whether there is a waiver of inadmissibility available to the applicant4 7,b7 ,the basis of any negative credibility finding shall be part of the written decision4 7#h7 7,a7 ,an applicant who is denied refugee status under this section may file a request with the ,secretary for a review of his or her application not later than #abj days after such denial4 7,b7 ,a request filed under subparagraph 7,a7 shall be adjudicated by refugee officers who have received training on considering requests for review of refugee applications that have been denied4 7,c7 ,the ,secretary shall publish the standard applied to a request for review under this paragraph4 7,d7 ,a request for review under this paragraph may result in the decision being granted1 denied1 or reopened for a further interview4 7,e7 ,a decision on a request for review under this paragraph-- 7i7 shall be in writing2 and 7ii7 shall provide1 to the maximum extent feasible1 information on the reason for the denial4 4 #cd4 ,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 #ce4 ,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