[Congressional Bills 112th Congress]
[From the U.S. Government Publishing Office]
[S. 1202 Introduced in Senate (IS)]

112th CONGRESS
  1st Session
                                S. 1202

  To amend the Immigration and Nationality Act to reaffirm the United 
   States historic commitment to protecting refugees who are fleeing 
                        persecution or torture.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             June 15, 2011

     Mr. Leahy (for himself, Mr. Levin, Mr. Akaka, and Mr. Durbin) 
introduced the following bill; 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 torture.

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

SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

    (a) Short Title.--This Act may be cited as the ``Refugee Protection 
Act of 2011''.
    (b) Table of Contents.--The table of contents for this Act is as 
follows:

Sec. 1. Short title; table of contents.
Sec. 2. Definitions.
Sec. 3. Elimination of time limits on asylum applications.
Sec. 4. Protecting victims of terrorism from being defined as 
                            terrorists.
Sec. 5. Protecting certain vulnerable groups of asylum seekers.
Sec. 6. Effective adjudication of proceedings.
Sec. 7. Scope and standard for review.
Sec. 8. Efficient asylum determination process.
Sec. 9. Secure Alternatives Program.
Sec. 10. Conditions of detention.
Sec. 11. Timely notice of immigration charges.
Sec. 12. Procedures for ensuring accuracy and verifiability of sworn 
                            statements taken pursuant to expedited 
                            removal authority.
Sec. 13. Study on the effect of expedited removal provisions, 
                            practices, and procedures on asylum claims.
Sec. 14. Refugee opportunity promotion.
Sec. 15. Protections for minors seeking asylum.
Sec. 16. Legal assistance for refugees and asylees.
Sec. 17. Protection of stateless persons in the United States.
Sec. 18. Authority to designate certain groups of refugees for 
                            consideration.
Sec. 19. Multiple forms of relief.
Sec. 20. Protection of refugee families.
Sec. 21. Reform of refugee consultation process.
Sec. 22. Admission of refugees in the absence of the annual 
                            presidential determination.
Sec. 23. Update of reception and placement grants.
Sec. 24. Protection for aliens interdicted at sea.
Sec. 25. Modification of physical presence requirements for aliens 
                            serving as translators.
Sec. 26. Assessment of the Refugee Domestic Resettlement Program.
Sec. 27. Refugee assistance.
Sec. 28. Resettlement data.
Sec. 29. Protections for refugees.
Sec. 30. Extension of eligibility period for Social Security benefits 
                            for certain refugees.
Sec. 31. Authorization of appropriations.
Sec. 32. Determination of budgetary effects.

SEC. 2. DEFINITIONS.

    In this Act:
            (1) Asylum seeker.--The term ``asylum seeker''--
                    (A) means--
                            (i) any applicant for asylum under section 
                        208 of the Immigration and Nationality Act (8 
                        U.S.C. 1158);
                            (ii) any alien who indicates an intention 
                        to apply for asylum under that section; and
                            (iii) any alien who indicates an intention 
                        to apply for withholding of removal, pursuant 
                        to--
                                    (I) section 241 of the Immigration 
                                and Nationality Act (8 U.S.C. 1231); or
                                    (II) the Convention Against Torture 
                                and Other Cruel, Inhuman or Degrading 
                                Treatment or Punishment, done at New 
                                York December 10, 1984;
                    (B) includes any individual described in 
                subparagraph (A) whose application for asylum or 
                withholding of removal is pending judicial review; and
                    (C) 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 review.
            (2) Secretary.--The term ``Secretary'' means the Secretary 
        of Homeland Security.

SEC. 3. ELIMINATION OF TIME LIMITS ON ASYLUM APPLICATIONS.

    Section 208(a)(2) of the Immigration and Nationality Act (8 U.S.C. 
1158(a)(2)) is amended--
            (1) in subparagraph (A), by inserting ``or the Secretary of 
        Homeland Security'' after ``Attorney General'' each place such 
        term appears;
            (2) by striking subparagraphs (B) and (D);
            (3) by redesignating subparagraph (C) as subparagraph (B);
            (4) in subparagraph (B), as redesignated, by striking 
        ``subparagraph (D)'' and inserting ``subparagraphs (C) and 
        (D)''; and
            (5) by inserting after subparagraph (B), as redesignated, 
        the following:
                    ``(C) Changed circumstances.--Notwithstanding 
                subparagraph (B), an application for asylum of an alien 
                may be considered if the alien demonstrates, to the 
                satisfaction of the Attorney General, the existence of 
                changed circumstances that materially affect the 
                applicant's eligibility for asylum.
                    ``(D) Motion to reopen asylum claim.--
                Notwithstanding subparagraph (B) or section 240(c)(7), 
                an alien may file a motion to reopen an asylum claim 
                during the 2-year period beginning on the date of the 
                enactment of the Refugee Protection Act of 2011 if the 
                alien--
                            ``(i) was denied asylum based solely upon a 
                        failure to meet the 1-year application filing 
                        deadline in effect on the date on which the 
                        application was filed;
                            ``(ii) was granted withholding of removal 
                        to the alien's country of nationality (or, if 
                        stateless, to the country of last habitual 
                        residence under section 241(b)(3));
                            ``(iii) has not obtained lawful permanent 
                        residence in the United States pursuant to any 
                        other provision of law;
                            ``(iv) is not subject to the safe third 
                        country exception in section 208(a)(2)(A) or a 
                        bar to asylum under section 208(b)(2) and 
                        should not be denied asylum as a matter of 
                        discretion; and
                            ``(v) is physically present in the United 
                        States when the motion is filed.''.

SEC. 4. PROTECTING VICTIMS OF TERRORISM FROM BEING DEFINED AS 
              TERRORISTS.

    (a) Terrorist Activities.--Section 212(a)(3)(B) of the Immigration 
and Nationality Act (8 U.S.C. 1182(a)(3)(B)) is amended to read as 
follows:
                    ``(B) Terrorist activities.--
                            ``(i) In general.--Except as provided in 
                        clause (ii) and subsection (d)(3)(B)(i), an 
                        alien is inadmissible if--
                                    ``(I) the alien has engaged in a 
                                terrorist activity;
                                    ``(II) a consular officer, the 
                                Attorney General, or the Secretary of 
                                Homeland Security knows, or has 
                                reasonable ground to believe, that the 
                                alien is engaged, or is likely to 
                                engage after entry, in any terrorist 
                                activity;
                                    ``(III) the alien has, under 
                                circumstances indicating an intention 
                                to cause death or serious bodily harm, 
                                incited terrorist activity;
                                    ``(IV) the alien is a 
                                representative of--
                                            ``(aa) a terrorist 
                                        organization; or
                                            ``(bb) a political, social, 
                                        or other group that endorses or 
                                        espouses terrorist activity;
                                    ``(V) the alien is a member of a 
                                terrorist organization;
                                    ``(VI) the alien endorses or 
                                espouses terrorist activity or 
                                persuades others to endorse or espouse 
                                terrorist activity or support a 
                                terrorist organization;
                                    ``(VII) the alien has received 
                                military-type training (as defined in 
                                section 2339D(c)(1) of title 18, United 
                                States Code) from, or on behalf of, any 
                                organization that, at the time the 
                                training was received, was a terrorist 
                                organization; or
                                    ``(VIII) the alien is an officer, 
                                official, representative, or spokesman 
                                of the Palestine Liberation 
                                Organization.
                            ``(ii) Exceptions.--
                                    ``(I) Lack of knowledge.--Clause 
                                (i)(V) shall not apply to an alien who 
                                is a member of a terrorist organization 
                                described in clause (iii)(V)(cc) if the 
                                alien demonstrates by clear and 
                                convincing evidence that the alien did 
                                not know, and should not reasonably 
                                have known, that the organization was a 
                                terrorist organization.
                                    ``(II) Duress.--Clause (i)(VII) and 
                                items (dd) through (ff) of clause 
                                (iii)(I) 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 States. In 
                                determining whether the alien was 
                                subject to duress, the Secretary of 
                                Homeland Security may consider, among 
                                relevant factors, the age of the alien 
                                at the time such actions were 
                                committed.
                            ``(iii) Definitions.--In this section:
                                    ``(I) Engage in terrorist 
                                activity.--The term `engage in 
                                terrorist activity' means, in an 
                                individual capacity or as a member of 
                                an organization--
                                            ``(aa) to commit or to 
                                        incite to commit, under 
                                        circumstances indicating an 
                                        intention to cause death or 
                                        serious bodily injury, a 
                                        terrorist activity;
                                            ``(bb) to prepare or plan a 
                                        terrorist activity;
                                            ``(cc) to gather 
                                        information on potential 
                                        targets for terrorist activity;
                                            ``(dd) to solicit funds or 
                                        other things of value for--

                                                    ``(AA) a terrorist 
                                                activity;

                                                    ``(BB) a terrorist 
                                                organization described 
                                                in item (aa) or (bb) of 
                                                clause (iii)(V); or

                                                    ``(CC) a terrorist 
                                                organization described 
                                                in clause (iii)(V)(cc), 
                                                unless the solicitor 
                                                can demonstrate by 
                                                clear and convincing 
                                                evidence that he or she 
                                                did not know, and 
                                                should not reasonably 
                                                have known, that the 
                                                organization was a 
                                                terrorist organization;

                                            ``(ee) to solicit any 
                                        individual--

                                                    ``(AA) to engage in 
                                                conduct otherwise 
                                                described in this 
                                                subsection;

                                                    ``(BB) for 
                                                membership in a 
                                                terrorist organization 
                                                described in item (aa) 
                                                or (bb) of clause 
                                                (iii)(V); or

                                                    ``(CC) for 
                                                membership in a 
                                                terrorist organization 
                                                described in clause 
                                                (iii)(V)(cc) unless the 
                                                solicitor can 
                                                demonstrate by clear 
                                                and convincing evidence 
                                                that he or she did not 
                                                know, and should not 
                                                reasonably have known, 
                                                that the organization 
                                                was a terrorist 
                                                organization; or

                                            ``(ff) to commit an act 
                                        that the actor knows, or 
                                        reasonably should know, affords 
                                        material support, including a 
                                        safe house, transportation, 
                                        communications, funds, transfer 
                                        of funds or other material 
                                        financial benefit, false 
                                        documentation or 
                                        identification, weapons 
                                        (including chemical, 
                                        biological, or radiological 
                                        weapons), explosives, or 
                                        training--

                                                    ``(AA) for the 
                                                commission of a 
                                                terrorist activity;

                                                    ``(BB) to any 
                                                individual who the 
                                                actor knows, or 
                                                reasonably should know, 
                                                has committed or plans 
                                                to commit a terrorist 
                                                activity;

                                                    ``(CC) to a 
                                                terrorist organization 
                                                described in item (aa) 
                                                or (bb) of clause 
                                                (iii)(V) or to any 
                                                member of such an 
                                                organization; or

                                                    ``(DD) to a 
                                                terrorist organization 
                                                described in clause 
                                                (iii)(V)(cc), or to any 
                                                member of such an 
                                                organization, unless 
                                                the actor can 
                                                demonstrate by clear 
                                                and convincing evidence 
                                                that he or she did not 
                                                know, and should not 
                                                reasonably have known, 
                                                that the organization 
                                                was a terrorist 
                                                organization.

                                    ``(II) Material support.--The term 
                                `material support' means support that 
                                is significant and of a kind directly 
                                relevant to terrorist activity.
                                    ``(III) Representative.--The term 
                                `representative' includes--
                                            ``(aa) an officer, 
                                        official, or spokesman of an 
                                        organization; and
                                            ``(bb) any person who 
                                        directs, counsels, commands, or 
                                        induces an organization or its 
                                        members to engage in terrorist 
                                        activity.
                                    ``(IV) Terrorist activity.--The 
                                term `terrorist activity' means any 
                                activity which is unlawful under the 
                                laws of the place where it is committed 
                                (or which, if it had been committed in 
                                the United States, would be unlawful 
                                under the laws of the United States or 
                                any State) and which involves--
                                            ``(aa) the highjacking or 
                                        sabotage of any conveyance 
                                        (including an aircraft, vessel, 
                                        or vehicle);
                                            ``(bb) the seizing or 
                                        detaining, and threatening to 
                                        kill, injure, or continue to 
                                        detain, another individual in 
                                        order to compel a third person 
                                        (including a governmental 
                                        organization) to do or abstain 
                                        from doing any act as an 
                                        explicit or implicit condition 
                                        for the release of the 
                                        individual seized or detained;
                                            ``(cc) a violent attack 
                                        upon an internationally 
                                        protected person (as defined in 
                                        section 1116(b)(4) of title 18, 
                                        United States Code) or upon the 
                                        liberty of such a person;
                                            ``(dd) an assassination;
                                            ``(ee) the use, with the 
                                        intent to endanger the safety 
                                        of 1 or more individuals or to 
                                        cause substantial damage to 
                                        property, of any--

                                                    ``(AA) biological 
                                                agent, chemical agent, 
                                                or nuclear weapon or 
                                                device; or

                                                    ``(BB) explosive, 
                                                firearm, or other 
                                                weapon or dangerous 
                                                device (other than for 
                                                mere personal monetary 
                                                gain); or

                                            ``(ff) a threat, attempt, 
                                        or conspiracy to carry out any 
                                        of the activities described in 
                                        items (aa) through (ee).
                                    ``(V) Terrorist organization.--The 
                                term `terrorist organization' means an 
                                organization--
                                            ``(aa) designated under 
                                        section 219;
                                            ``(bb) otherwise 
                                        designated, upon publication in 
                                        the Federal Register, by the 
                                        Secretary of State in 
                                        consultation with or upon the 
                                        request of the Attorney General 
                                        or the Secretary of Homeland 
                                        Security, as a terrorist 
                                        organization, after finding 
                                        that the organization engages 
                                        in the activities described in 
                                        items (aa) through (ff) of 
                                        subclause (I); or
                                            ``(cc) that is a group of 2 
                                        or more individuals, whether 
                                        organized or not, which engages 
                                        in, or has a subgroup which 
                                        engages in, the activities 
                                        described in items (aa) through 
                                        (ff) of subclause (I).''.
    (b) Child Soldiers.--
            (1) Inadmissibility.--Section 212(a)(3)(G) of the 
        Immigration and Nationality Act (8 U.S.C. 1182(a)(3)(G)) 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 18 years of age.''.
            (2) Deportability.--Section 237(a)(4)(F) of such Act (8 
        U.S.C. 1227(a)(4)(F)) is amended--
                    (A) by redesignating subparagraph (F) as 
                subparagraph (G);
                    (B) by redesignating subparagraph (E) (as added by 
                section 5502(b)), as subparagraph (F); and
                    (C) in subparagraph (G), as redesignated, 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 18 years of age.''.
    (c) Temporary Admission of Nonimmigrants.--Section 212(d)(3)(B)(i) 
of the Immigration and Nationality Act (8 U.S.C. 1182(d)(3)(B)(i)) is 
amended to read as follows:
            ``(B)(i) The Secretary of State, after consultation with 
        the Attorney General and the Secretary of Homeland Security, or 
        the Secretary of Homeland Security, after consultation with the 
        Secretary of State and the Attorney General, may conclude, in 
        such Secretary's sole, unreviewable discretion, that subsection 
        (a)(3)(B) shall not apply to an alien or that subsection 
        (a)(3)(B)(iii)(V)(cc) shall not apply to a group. 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 240.''.

SEC. 5. PROTECTING CERTAIN VULNERABLE GROUPS OF ASYLUM SEEKERS.

    (a) Defined Term.--Section 101(a)(42) of the Immigration and 
Nationality Act (8 U.S.C. 1101(a)(42)) is amended to read as follows:
            ``(42)(A) The term `refugee' means any person who--
                    ``(i)(I) is outside any country of such person's 
                nationality or, in the case of a person having no 
                nationality, is outside any country in which such 
                person last habitually resided; and
                    ``(II) is unable to return to, and is unable or 
                unwilling to avail himself or herself of the protection 
                of, that country because of persecution, or a well-
                founded fear of persecution, on account of race, 
                religion, nationality, membership in a particular 
                social group, or political opinion; or
                    ``(ii) in such circumstances as the President may 
                specify, after appropriate consultation (as defined in 
                section 207(e))--
                            ``(I) is within the country of such 
                        person's nationality or, in the case of a 
                        person having no nationality, within the 
                        country in which such person is habitually 
                        residing; and
                            ``(II) is persecuted, or who has a well-
                        founded fear of persecution, on account of 
                        race, religion, nationality, membership in a 
                        particular social group, or political opinion.
            ``(B) The term `refugee' does not include any person who 
        ordered, incited, assisted, or otherwise participated in the 
        persecution of any person on account of race, religion, 
        nationality, membership in a particular social group, or 
        political opinion.
            ``(C) For purposes of determinations under this Act--
                    ``(i) a person who has been forced to abort a 
                pregnancy or to undergo involuntary sterilization, or 
                who has been persecuted for failure or refusal to 
                undergo such a procedure or for other resistance to a 
                coercive population control program, shall be deemed to 
                have been persecuted on account of political opinion; 
                and
                    ``(ii) 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 failure, refusal, or 
                resistance shall be deemed to have a well-founded fear 
                of persecution on account of political opinion.
            ``(D) For purposes of determinations under this Act, any 
        group whose members share a characteristic that is either 
        immutable or fundamental to identity, conscience, or the 
        exercise of the person's human rights such that the person 
        should not be required to change it, shall be deemed a 
        particular social group, without any additional requirement.''.
    (b) Conditions for Granting Asylum.--Section 208(b)(1)(B) of the 
Immigration and Nationality Act (8 U.S.C. 1158(b)(1)(B)) is amended--
            (1) in clause (i), by striking ``at least one central 
        reason for persecuting the applicant'' and inserting ``a factor 
        in the applicant's persecution or fear of persecution'';
            (2) in clause (ii), by striking the last sentence and 
        inserting the following: ``If the trier of fact determines that 
        the applicant should provide evidence that corroborates 
        otherwise credible testimony, the trier of fact shall provide 
        notice and allow the applicant a reasonable opportunity to file 
        such evidence unless the applicant does not have the evidence 
        and cannot reasonably obtain the evidence.'';
            (3) by redesignating clause (iii) as clause (iv);
            (4) by inserting after clause (ii) the following:
                            ``(iii) Supporting evidence accepted.--
                        Direct or circumstantial evidence, including 
                        evidence that the State is unable to protect 
                        the applicant or that State legal or social 
                        norms tolerate such persecution against persons 
                        like the applicant, may establish that 
                        persecution is on account of race, religion, 
                        nationality, membership in a particular social 
                        group, or political opinion.''; and
            (5) in clause (iv), as redesignated, by striking ``, 
        without regard to whether an inconsistency, inaccuracy, or 
        falsehood goes to the heart of the applicant's claim, or any 
        other relevant factor.'' and inserting ``. If the trier of fact 
        determines that there are inconsistencies or omissions, the 
        alien shall be given an opportunity to explain and to provide 
        support or evidence to clarify such inconsistencies or 
        omissions.''.
    (c) Removal Proceedings.--Section 240(c)(4) of the Immigration and 
Nationality Act (8 U.S.C. 1229a(c)(4)) is amended--
            (1) in subparagraph (B), by striking the last sentence and 
        inserting the following: ``If the trier of fact determines that 
        the applicant should provide evidence that corroborates 
        otherwise credible testimony, the trier of fact shall provide 
        notice and allow the applicant a reasonable opportunity to file 
        such evidence unless the applicant does not have the evidence 
        and cannot reasonably obtain the evidence.''; and
            (2) in subparagraph (C), by striking ``, without regard to 
        whether an inconsistency, inaccuracy, or falsehood goes to the 
        heart of the applicant's claim, or any other relevant factor.'' 
        and inserting ``. If the trier of fact determines that there 
        are inconsistencies or omissions, the alien shall be given an 
        opportunity to explain and to provide support or evidence to 
        clarify such inconsistencies or omissions.''.

SEC. 6. EFFECTIVE ADJUDICATION OF PROCEEDINGS.

    Section 240(b)(4) of the Immigration and Nationality Act (8 U.S.C. 
1229a(b)(4)) is amended--
            (1) in the matter preceding subparagraph (A), by striking 
        ``In proceedings under this section, under regulations of the 
        Attorney General'' and inserting ``The Attorney General shall 
        promulgate regulations for proceedings under this section, 
        under which--''
            (2) in subparagraph (B), by striking ``, and'' at the end 
        and inserting a semicolon;
            (3) by redesignating subparagraph (C) as subparagraph (D); 
        and
            (4) by inserting after subparagraph (B) the following:
                    ``(C) the Attorney General, or the designee of the 
                Attorney General, may appoint counsel to represent an 
                alien if the fair resolution or effective adjudication 
                of the proceedings would be served by appointment of 
                counsel; and''.

SEC. 7. SCOPE AND STANDARD FOR REVIEW.

    Section 242(b) of the Immigration and Nationality Act (8 U.S.C. 
1252(b)) is amended--
            (1) in paragraph (1), by adding at the end the following: 
        ``The alien shall not be removed during such 30-day period, 
        unless the alien indicates in writing that he or she wishes to 
        be removed before the expiration of such period.''; and
            (2) by striking paragraph (4) and inserting the following:
            ``(4) Scope and standard for review.--Except as provided in 
        paragraph (5)(B), the court of appeals shall sustain a final 
        decision ordering removal unless it is contrary to law, an 
        abuse of discretion, or not supported by substantial evidence. 
        The court of appeals shall decide the petition only on the 
        administrative record on which the order of removal is 
        based.''.

SEC. 8. EFFICIENT ASYLUM DETERMINATION PROCESS.

    Section 235(b)(1)(B) of the Immigration and Nationality Act (8 
U.S.C. 1225(b)(1)(B)) is amended--
            (1) in clause (ii), by striking ``shall be detained for 
        further consideration of the application for asylum.'' and 
        inserting ``may, in the Secretary's discretion, be detained for 
        further consideration of the application for asylum by an 
        asylum officer designated by the Director of United States 
        Citizenship and Immigration Services. The asylum officer, after 
        conducting a nonadversarial asylum interview, may grant asylum 
        to the alien under section 208 or refer the case to a designee 
        of the Attorney General, for a de novo asylum determination, 
        for relief under the Convention Against Torture and Other 
        Cruel, Inhuman or Degrading Treatment or Punishment, done at 
        New York December 10, 1984, or for withholding of removal under 
        section 241(b)(3).''; and
            (2) in clause (iii)(IV)--
                    (A) by amending the subclause heading to read as 
                follows:
                                    ``(IV) Detention.--''; and
                    (B) by striking ``shall'' and inserting ``may, in 
                the Secretary's discretion,''.

SEC. 9. SECURE ALTERNATIVES PROGRAM.

    (a) Establishment.--The Secretary shall establish the Secure 
Alternatives Program (referred to in this section as the ``Program'') 
under which an alien who has been detained may be released under 
enhanced supervision--
            (1) to prevent the alien from absconding;
            (2) to ensure that the alien makes appearances related to 
        such detention; and
            (3) to authorize and promote the utilization of 
        alternatives to detention of asylum seekers.
    (b) Program Requirements.--
            (1) Nationwide implementation.--The Secretary shall 
        facilitate the nationwide implementation of the Program.
            (2) Utilization of alternatives.--The Program shall utilize 
        a continuum of alternatives based on the alien's need for 
        supervision, which may include placement of the alien--
                    (A) with an individual or organizational sponsor; 
                or
                    (B) in a supervised group home.
            (3) Program elements.--The Program shall include--
                    (A) individualized case management by an assigned 
                case supervisor; and
                    (B) referral to community-based providers of legal 
                and social services.
            (4) Restrictive electronic monitoring.--
                    (A) In general.--Restrictive electronic monitoring 
                devices, such as ankle bracelets, may not be used 
                unless there is a demonstrated need for such enhanced 
                monitoring.
                    (B) Periodic review.--The Secretary shall 
                periodically review any decision to require the use of 
                devices described in subparagraph (A).
            (5) Aliens eligible for secure alternatives program.--
                    (A) In general.--Asylum seekers denied parole under 
                section 235(b)(1)(B) of the Immigration and Nationality 
                Act (8 U.S.C. 1225(b)(1)(B)) shall be eligible to 
                participate in the Program.
                    (B) Program design.--The Program shall be designed 
                to ensure sufficient supervision of the population 
                described in subparagraph (A).
            (6) Individualized determinations.--For aliens who pose a 
        flight risk, the Secretary shall make an individualized 
        determination as to whether this risk can be mitigated through 
        the Program.
            (7) Rulemaking.--The Attorney General and the Secretary 
        shall promulgate regulations establishing procedures for the 
        review of any determination under this section by an 
        immigration judge, unless the alien waives the right to such 
        review.
            (8) Contracts.--The Secretary shall enter into contracts 
        with qualified nongovernmental entities to implement the 
        Program.
            (9) Other considerations.--In designing the Program, the 
        Secretary shall--
                    (A) consult with relevant experts; and
                    (B) consider programs that have proven successful 
                in the past, including the Appearance Assistance 
                Program developed by the Vera Institute of Justice.
    (c) Parole of Certain Aliens.--Section 235(b)(1)(B) of the 
Immigration and Nationality Act (8 U.S.C. 1225(b)(1)(B)) is amended--
            (1) by redesignating clause (v) as clause (vi); and
            (2) by inserting after clause (iv) the following:
                            ``(v) Release.--
                                    ``(I) In general.--Any alien 
                                subject to detention under this 
                                subsection who has been determined to 
                                have a credible fear of persecution 
                                shall be released from the custody of 
                                the Department of Homeland Security not 
                                later than 7 days after such 
                                determination unless the Secretary of 
                                Homeland Security demonstrates by 
                                substantial evidence that the alien--
                                            ``(aa) poses a risk to 
                                        public safety, which may 
                                        include a risk to national 
                                        security; or
                                            ``(bb) is a flight risk, 
                                        which cannot be mitigated 
                                        through other conditions of 
                                        release, such as bond or secure 
                                        alternatives, that would 
                                        reasonably ensure that the 
                                        alien would appear for 
                                        immigration proceedings.
                                    ``(II) Notice.--The Secretary of 
                                Homeland Security shall provide every 
                                alien and the alien's legal 
                                representative with written 
                                notification of the parole decision, 
                                including a brief explanation of the 
                                reasons for any decision to deny 
                                parole. The notification should be 
                                communicated to the alien orally or in 
                                writing, in a language the alien claims 
                                to understand.''.

SEC. 10. CONDITIONS OF DETENTION.

    (a) In General.--The Secretary shall promulgate regulations that--
            (1) establish the conditions for the detention of asylum 
        seekers that ensure a safe and humane environment; and
            (2) include the rights and procedures set forth in 
        subsections (c) through (e).
    (b) Definitions.--In this section:
            (1) Detainee.--The term ``detainee'' means an individual 
        who is detained under the authority of U.S. Immigration and 
        Customs Enforcement.
            (2) Detention facility.--The term ``detention facility'' 
        means any Federal, State, or local government facility or 
        privately owned and operated facility, which is being used to 
        hold detainees longer than 72 hours.
            (3) Group legal orientation presentations.--The term 
        ``group legal orientation presentations'' means live group 
        presentations, supplemented by individual orientations, pro se 
        workshops, and pro bono referrals, that--
                    (A) are carried out by private nongovernmental 
                organizations;
                    (B) are presented to detainees;
                    (C) inform detainees about United States 
                immigration law and procedures; and
                    (D) enable detainees to determine their eligibility 
                for relief.
            (4) Short-term detention facility.--The term ``short-term 
        detention facility'' means any detention facility that is used 
        to hold immigration detainees for not more than 72 hours.
    (c) Access to Legal Services.--
            (1) Lists of legal service providers.--All detainees 
        arriving at a detention facility shall promptly receive--
                    (A) access to legal information, including an on-
                site law library with up-to-date legal materials and 
                law databases;
                    (B) free access to the necessary equipment and 
                materials for legal research and correspondence, such 
                as computers, printers, copiers, and typewriters;
                    (C) an accurate, updated list of free or low-cost 
                immigration legal service providers that--
                            (i) are near such detention facility; and
                            (ii) can assist those with limited English 
                        proficiency or disabilities;
                    (D) confidential meeting space to confer with legal 
                counsel; and
                    (E) services to send confidential legal documents 
                to legal counsel, government offices, and legal 
                organizations.
            (2) Group legal orientation presentations.--The Secretary 
        shall establish procedures for regularly scheduled, group legal 
        orientation presentations.
            (3) Grants authorized.--The Secretary shall establish a 
        program to award grants to nongovernmental agencies for the 
        purpose of developing, implementing, or expanding legal 
        orientation programs available for all detainees at the 
        detention facilities in which such programs are offered.
            (4) Visits.--Detainees shall be provided adequate access to 
        contact visits from--
                    (A) legal service providers, including attorneys, 
                paralegals, law graduates, law students, and 
                representatives accredited by the Board of Immigration 
                Appeals;
                    (B) consultants, as authorized under section 235(b) 
                of the Immigration and Nationality Act (8 U.S.C. 
                1225(b)), before and during interviews in which 
                determinations of credible fear of persecution are 
                made; and
                    (C) individuals assisting in the provision of legal 
                representation and documentation in support of the 
                asylum seekers' cases, including interpreters, medical 
                personnel, mental health providers, social welfare 
                workers, expert and fact witnesses, and others.
            (5) Notification requirement.--The Secretary shall 
        establish procedures to provide detainees with adequate and 
        prompt notice, in the language of the detainee, of their 
        available release options and the procedures for requesting 
        such options.
            (6) Location of new detention facilities.--All detention 
        facilities first used by the Department of Homeland Security 
        after the date of the enactment of this Act shall be located 
        within 50 miles of a community in which there is a demonstrated 
        capacity to provide free or low-cost legal representation by--
                    (A) nonprofit legal aid organizations; or
                    (B) pro bono attorneys with expertise in asylum or 
                immigration law.
            (7) Notification of transfers.--The Secretary shall 
        establish procedures requiring the prompt notification of the 
        legal representative of a detainee before transferring such 
        detainee to another detention facility.
            (8) Access to telephones.--
                    (A) In general.--Not later than 6 hours after the 
                commencement of a detention of a detainee, the detainee 
                shall be provided reasonable access to a telephone, 
                with at least 1 working telephone available for every 
                25 detainees.
                    (B) Contacts.--Each detainee has the right to 
                contact by telephone, free of charge--
                            (i) legal representatives;
                            (ii) nongovernmental organizations 
                        designated by the Secretary;
                            (iii) consular officials;
                            (iv) the United Nations High Commissioner 
                        for Refugees;
                            (v) Federal and State courts in which the 
                        detainee is, or may become, involved in a legal 
                        proceeding; and
                            (vi) all Government immigration agencies 
                        and adjudicatory bodies, including the Office 
                        of the Inspector General of the Department of 
                        Homeland Security and the Office for Civil 
                        Rights and Civil Liberties of the Department of 
                        Homeland Security, through confidential toll-
                        free numbers.
    (d) Religious and Cultural Provisions.--
            (1) Access to religious services.--Detainees shall be given 
        full and equitable access to religious services, religious 
        materials, opportunity for religious group study, and religious 
        counseling appropriate to their religious beliefs and 
        practices.
            (2) Chaplains.--Each detention facility shall have a 
        chaplain, who shall be responsible for--
                    (A) managing the religious activities at the 
                detention facility, including providing pastoral care 
                and counseling to detainees; and
                    (B) facilitating access to pastoral care and 
                counseling from external clergy or religious service 
                providers who represent the faiths of the detainees at 
                the facility.
            (3) Dietary needs.--The Secretary shall ensure that the 
        religious, medical, and cultural dietary needs of the detainees 
        are met.
            (4) Qualifications of staff.--The Secretary shall ensure 
        that detention facility staff members are trained to recognize 
        and address cultural and gender issues relevant to male, 
        female, and child detainees.
            (5) Access to detention facilities by nongovernmental 
        organizations.--Nongovernmental organizations shall be provided 
        reasonable access to a detention facility to--
                    (A) observe the conditions of detention outlined in 
                this section;
                    (B) engage in teaching and training programs for 
                the detainees detained at the facility; and
                    (C) provide legal or religious services to the 
                detainees.
    (e) Limitations on Solitary Confinement, Shackling, and Strip 
Searches.--
            (1) Extraordinary circumstances.--Solitary confinement, 
        shackling, and strip searches of detainees--
                    (A) may not be used unless such techniques are 
                necessitated by extraordinary circumstances in which 
                the safety of other persons is at imminent risk; and
                    (B) may not be used for the purpose of humiliating 
                detainees within or outside the detention facility.
            (2) Protected classes.--Solitary confinement, shackling, 
        and strip searches may not be used on pregnant women, nursing 
        mothers, women in labor or delivery, or children who are 
        younger than 18 years of age. Strip searches may not be 
        conducted in the presence of children who are younger than 21 
        years of age.
            (3) Written policies.--Detention facilities shall--
                    (A) adopt written policies pertaining to the use of 
                force and restraints; and
                    (B) train all staff on the proper use of such 
                techniques and devices.

SEC. 11. TIMELY NOTICE OF IMMIGRATION CHARGES.

    Section 236 of the Immigration and Nationality Act (8 U.S.C. 1226) 
is amended by adding at the end the following:
    ``(f) Notice and Charges.--Not later than 48 hours after the 
commencement of a detention of an individual under this section, the 
Secretary of Homeland Security shall--
            ``(1) file a Notice to Appear or other relevant charging 
        document with the immigration court closest to the location at 
        which the individual was apprehended; and
            ``(2) serve such notice or charging document on the 
        individual.''.

SEC. 12. PROCEDURES FOR ENSURING ACCURACY AND VERIFIABILITY OF SWORN 
              STATEMENTS TAKEN PURSUANT TO EXPEDITED REMOVAL AUTHORITY.

    (a) In General.--The Secretary shall establish quality assurance 
procedures to ensure the accuracy and verifiability of signed or sworn 
statements taken by employees of the Department of Homeland Security 
exercising expedited removal authority under section 235(b) of the 
Immigration and Nationality Act (8 U.S.C. 1225(b)).
    (b) Recording of Interviews.--
            (1) In general.--Any sworn or signed written statement 
        taken from an alien as part of the record of a proceeding under 
        section 235(b)(1)(A) of the Immigration and Nationality Act 
        shall be accompanied by a recording of the interview which 
        served as the basis for such sworn statement.
            (2) Content.--The recording shall include--
                    (A) a reading of the entire written statement to 
                the alien in a language that the alien claims to 
                understand; and
                    (B) the verbal affirmation by the alien of the 
                accuracy of--
                            (i) the written statement; or
                            (ii) a corrected version of the written 
                        statement.
            (3) Format.--The recording shall be made in video, audio, 
        or other equally reliable format.
            (4) Evidence.--Recordings of interviews under this 
        subsection may be considered as evidence in any further 
        proceedings involving the alien.
    (c) Exemption Authority.--
            (1) Exempted facilities.--Subsection (b) shall not apply to 
        interviews that occur at detention facilities exempted by the 
        Secretary under this subsection.
            (2) Criteria.--The Secretary, or the Secretary's designee, 
        may exempt any detention facility if compliance with subsection 
        (b) at that facility would impair operations or impose undue 
        burdens or costs.
            (3) Report.--The Secretary shall annually submit a report 
        to Congress that identifies the facilities that have been 
        exempted under this subsection.
            (4) No private cause of action.--Nothing in this subsection 
        may be construed to create a private cause of action for 
        damages or injunctive relief.
    (d) Interpreters.--The Secretary shall ensure that a professional 
fluent interpreter is used if--
            (1) the interviewing officer does not speak a language 
        understood by the alien; and
            (2) there is no other Federal Government employee available 
        who is able to interpret effectively, accurately, and 
        impartially.

SEC. 13. STUDY ON THE EFFECT OF EXPEDITED REMOVAL PROVISIONS, 
              PRACTICES, AND PROCEDURES ON ASYLUM CLAIMS.

    (a) Study.--
            (1) In general.--The United States Commission on 
        International Religious Freedom (referred to in this section as 
        the ``Commission'') is authorized to conduct a study to 
        determine whether immigration officers described in paragraph 
        (2) are engaging in conduct described in paragraph (3).
            (2) Immigration officers described.--An immigration officer 
        described in this paragraph is an immigration officer 
        performing duties under section 235(b) of the Immigration and 
        Nationality Act (8 U.S.C. 1225(b)) with respect to aliens who--
                    (A) are apprehended after entering the United 
                States; and
                    (B) may be eligible to apply for asylum under 
                section 208 or 235 of such Act.
            (3) Conduct described.--An immigration officer engages in 
        conduct described in this paragraph if the immigration 
        officer--
                    (A) improperly encourages an alien referred to in 
                paragraph (2) to withdraw or retract claims for asylum;
                    (B) incorrectly fails to refer such an alien for an 
                interview by an asylum officer to determine whether the 
                alien has a credible fear of persecution (as defined in 
                section 235(b)(1)(B)(v) of such Act (8 U.S.C. 
                1225(b)(1)(B)(v)));
                    (C) incorrectly removes such an alien to a country 
                in which the alien may be persecuted; or
                    (D) detains such an alien improperly or under 
                inappropriate conditions.
    (b) Report.--Not later than 2 years after the date on which the 
Commission initiates the study under subsection (a), the Commission 
shall submit a report containing the results of the study to--
            (1) the Committee on Homeland Security and Governmental 
        Affairs of the Senate;
            (2) the Committee on the Judiciary of the Senate;
            (3) the Committee on Foreign Relations of the Senate;
            (4) the Committee on Homeland Security of the House of 
        Representatives;
            (5) the Committee on the Judiciary of the House of 
        Representatives; and
            (6) the Committee on Foreign Affairs of the House of 
        Representatives.
    (c) Staff.--
            (1) From other agencies.--
                    (A) Identification.--The Commission may identify 
                employees of the Department of Homeland Security, the 
                Department of Justice, and the Government 
                Accountability Office that have significant expertise 
                and knowledge of refugee and asylum issues.
                    (B) Designation.--At the request of the Commission, 
                the Secretary, the Attorney General, and the 
                Comptroller General of the United States shall 
                authorize staff identified under subparagraph (A) to 
                assist the Commission in conducting the study under 
                subsection (a).
            (2) Additional staff.--The Commission may hire additional 
        staff and consultants to conduct the study under subsection 
        (a).
            (3) Access to proceedings.--
                    (A) In general.--Except as provided in subparagraph 
                (B), the Secretary and the Attorney General shall 
                provide staff designated under paragraph (1) or hired 
                under paragraph (2) with unrestricted access to all 
                stages of all proceedings conducted under section 
                235(b) of the Immigration and Nationality Act (8 U.S.C. 
                1225(b)).
                    (B) Exceptions.--The Secretary and the Attorney 
                General may not permit unrestricted access under 
                subparagraph (A) if--
                            (i) the alien subject to a proceeding under 
                        such section 235(b) objects to such access; or
                            (ii) the Secretary or Attorney General 
                        determines that the security of a particular 
                        proceeding would be threatened by such access.

SEC. 14. REFUGEE OPPORTUNITY PROMOTION.

    Section 209 of the Immigration and Nationality Act (8 U.S.C. 1159) 
is amended--
            (1) in subsection (a)(1)(B), by striking ``one year,'' and 
        inserting ``1 year (except as provided under subsection 
        (d));'';
            (2) in subsection (b)(2), by striking ``asylum,'' and 
        inserting ``asylum (except as provided under subsection 
        (d));''; and
            (3) by adding at the end the following:
    ``(d) Exception to Physical Presence Requirement.--An alien who 
does not meet the 1-year physical presence requirement under subsection 
(a)(1)(B) or (b)(2), but who otherwise meets the requirements under 
subsection (a) or (b) for adjustment of status to that of an alien 
lawfully admitted for permanent residence, may be eligible for such 
adjustment of status if the alien--
            ``(1) is or was employed by--
                    ``(A) 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 absence, which may not exceed 1 year; 
                or
                    ``(B) 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 absence, which may not exceed 1 year, 
                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 employment; and
            ``(2) returned immediately to the United States upon the 
        conclusion of the employment.''.

SEC. 15. PROTECTIONS FOR MINORS SEEKING ASYLUM.

    (a) In General.--Section 208 of the Immigration and Nationality Act 
(8 U.S.C. 1158) is amended--
            (1) in subsection (a)(2), as amended by section 3, by 
        amending subparagraph (E) to read as follows:
                    ``(E) Applicability to minors.--Subparagraphs (A), 
                (B), and (C) shall not apply to an applicant who is 
                younger than 18 years of age on the earlier of--
                            ``(i) the date on which the asylum 
                        application is filed; or
                            ``(ii) the date on which any Notice to 
                        Appear is issued.''; and
            (2) in subsection (b)(3), by amending subparagraph (C) to 
        read as follows:
                    ``(C) Initial jurisdiction.--An asylum officer (as 
                defined in section 235(b)(1)(E)) shall have initial 
                jurisdiction over any asylum application filed by an 
                applicant who is younger than 18 years of age on the 
                earlier of--
                            ``(i) the date on which the asylum 
                        application is filed; or
                            ``(ii) the date on which any Notice to 
                        Appear is issued.''.
    (b) Reinstatement of Removal.--Section 241(a) of the Immigration 
and Nationality Act (8 U.S.C. 1231(a)) is amended--
            (1) in paragraph (5), by striking ``If the Attorney 
        General'' and inserting ``Except as provided in paragraph (8), 
        if the Secretary of Homeland Security''; and
            (2) by adding at the end of the following:
            ``(8) Applicability of reinstatement of removal.--Paragraph 
        (5) shall not apply to an alien who has reentered the United 
        States illegally after having been removed or having departed 
        voluntarily, under an order of removal, if the alien was 
        younger than 18 years of age on the date on which the alien was 
        removed or departed voluntarily under an order of removal.''.

SEC. 16. LEGAL ASSISTANCE FOR REFUGEES AND ASYLEES.

    Section 412(c)(1)(A) of the Immigration and Nationality Act (8 
U.S.C. 1522(c)(1)(A)) is amended--
            (1) in clause (ii), by striking ``and'' at an end;
            (2) by redesignating clause (iii) as clause (iv); and
            (3) by inserting after clause (ii) the following:
            ``(iii) to provide legal services for refugees to assist 
        them in obtaining immigration benefits for which they are 
        eligible; and''.

SEC. 17. PROTECTION OF STATELESS PERSONS IN THE UNITED STATES.

    (a) In General.--Chapter 1 of title II of the Immigration and 
Nationality Act (8 U.S.C. 1151 et seq.) is amended by adding at the end 
the following:

``SEC. 210A. PROTECTION OF STATELESS PERSONS IN THE UNITED STATES.

    ``(a) Defined Term.--
            ``(1) In general.--In this section, the term `de jure 
        stateless person' means an individual who is not considered a 
        national under the laws of any country. Individuals who have 
        lost their nationality as a result of their voluntary action or 
        knowing inaction after arrival in the United States shall not 
        be considered de jure stateless persons.
            ``(2) Designation of specific de jure groups.--The 
        Secretary of Homeland Security, in consultation with the 
        Secretary of State, may, in the discretion of the Secretary, 
        designate specific groups of individuals who are considered de 
        jure stateless persons, for purposes of this section.
    ``(b) Mechanisms for Regularizing the Status of Stateless 
Persons.--
            ``(1) Relief for individuals determined to be de jure 
        stateless persons.--The Secretary of Homeland Security or the 
        Attorney General may, in his or her discretion, provide 
        conditional lawful status to an alien who is otherwise 
        inadmissible or deportable from the United States if the 
        alien--
                    ``(A) is a de jure stateless person;
                    ``(B) applies for such relief;
                    ``(C) is not inadmissible under paragraph (2) or 
                (3) of section 212(a); and
                    ``(D) is not described in section 241(b)(3)(B)(i).
            ``(2) Waivers.--The provisions under paragraphs (4), (5), 
        (6)(A), (7)(A), and (9) of section 212(a) shall not be 
        applicable to any alien seeking relief under paragraph (1). The 
        Secretary of Homeland Security or the Attorney General may 
        waive any other provision of such section (other than paragraph 
        (2)(C) or subparagraph (A), (B), (C), or (E) of paragraph (3)) 
        with respect to such an alien for humanitarian purposes, to 
        assure family unity, or if it is otherwise in the public 
        interest.
            ``(3) 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--
                    ``(A) any passport or travel document issued at any 
                time to the alien (whether or not the passport or 
                document has expired or been cancelled, rescinded, or 
                revoked); or
                    ``(B) an affidavit, sworn under penalty of 
                perjury--
                            ``(i) stating that the alien has never been 
                        issued a passport or travel document; or
                            ``(ii) identifying with particularity any 
                        such passport or travel document and explaining 
                        why the alien cannot submit it.
            ``(4) Work authorization.--The Secretary of Homeland 
        Security may--
                    ``(A) authorize an alien who has applied for relief 
                under paragraph (1) to engage in employment in the 
                United States while such application is being 
                considered; and
                    ``(B) provide such applicant with an employment 
                authorized endorsement or other appropriate document 
                signifying authorization of employment.
            ``(5) Treatment of spouse and children.--The spouse or 
        child of an alien who has been granted conditional lawful 
        status under paragraph (1) shall, if not otherwise eligible for 
        admission under paragraph (1), be granted conditional lawful 
        status under this section if accompanying, or following to 
        join, such alien if--
                    ``(A) the spouse or child is admissible (except as 
                otherwise provided in paragraph (2)); and
                    ``(B) the qualifying relationship to the principal 
                beneficiary existed on the date on which such alien was 
                granted conditional lawful status.
    ``(c) Adjustment of Status.--
            ``(1) Inspection and examination.--At the end of the 5-year 
        period beginning on the date on which an alien has been granted 
        conditional lawful status under subsection (b), the alien may 
        apply for lawful permanent residence in the United States if--
                    ``(A) the alien has been physically present in the 
                United States for at least 5 years;
                    ``(B) the alien's conditional lawful status has not 
                been terminated by the Secretary of Homeland Security 
                or the Attorney General, pursuant to such regulations 
                as the Secretary or the Attorney General may prescribe; 
                and
                    ``(C) the alien has not otherwise acquired 
                permanent resident status.
            ``(2) Requirements for adjustment of status.--The Secretary 
        of Homeland Security or the Attorney General, under such 
        regulations as the Secretary or the Attorney General may 
        prescribe, may adjust the status of an alien granted 
        conditional lawful status under subsection (b) to that of an 
        alien lawfully admitted for permanent residence if such alien--
                    ``(A) is a de jure stateless person;
                    ``(B) properly applies for such adjustment of 
                status;
                    ``(C) has been physically present in the United 
                States for at least 5 years after being granted 
                conditional lawful status under subsection (b);
                    ``(D) is not firmly resettled in any foreign 
                country; and
                    ``(E) is admissible (except as otherwise provided 
                under subsection (b)(2)) as an immigrant under this 
                chapter at the time of examination of such alien for 
                adjustment of status.
            ``(3) Record.--Upon approval of an application under this 
        subsection, 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 5 years 
        before the date of such approval.
    ``(d) Proving the Claim.--In determining an alien's eligibility for 
lawful conditional status or adjustment of status under this 
subsection, the Secretary of Homeland Security or the Attorney General 
shall consider any credible evidence relevant to the application. The 
determination of what evidence is credible and the weight to be given 
that evidence shall be within the sole discretion of the Secretary or 
the Attorney General.
    ``(e) Review.--
            ``(1) Administrative review.--No appeal shall lie from the 
        denial of an application by the Secretary, but such denial will 
        be without prejudice to the alien's right to renew the 
        application in proceedings under section 240.
            ``(2) Motions to reopen.--Notwithstanding any limitation 
        imposed by law on motions to reopen removal, deportation, or 
        exclusion proceedings, any individual who is eligible for 
        relief under this section may file a motion to reopen removal 
        or deportation proceedings in order to apply for relief under 
        this section. Any such motion shall be filed not later than the 
        later of--
                    ``(A) 2 years after the date of the enactment of 
                the Refugee Protection Act of 2011; or
                    ``(B) 90 days after the date of entry of a final 
                administrative order of removal, deportation, or 
                exclusion.
    ``(f) Limitation.--
            ``(1) Applicability.--The provisions of this section shall 
        only apply to aliens present in the United States.
            ``(2) Savings provision.--Nothing in this section may be 
        construed to authorize or require--
                    ``(A) the admission of any alien to the United 
                States;
                    ``(B) the parole of any alien into the United 
                States; or
                    ``(C) the grant of any motion to reopen or 
                reconsider filed by an alien after departure or removal 
                from the United States.''.
    (b) Judicial Review.--Section 242(a)(2)(B)(ii) of the Immigration 
and Nationality Act (8 U.S.C. 1252(a)(2)(B)(ii)) is amended by 
inserting ``or 210A'' after ``208(a)''.
    (c) Clerical Amendment.--The table of contents for the Immigration 
and Nationality Act is amended by inserting after the item relating to 
section 210 the following:

``Sec. 210A. Protection of stateless persons in the United States.''.

SEC. 18. AUTHORITY TO DESIGNATE CERTAIN GROUPS OF REFUGEES FOR 
              CONSIDERATION.

    (a) In General.--Section 207(c)(1) of the Immigration and 
Nationality Act (8 U.S.C. 1157(c)(1)) is amended--
            (1) by inserting ``(A)'' before ``Subject to the numerical 
        limitations''; and
            (2) by adding at the end the following:
    ``(B)(i) The President, upon a recommendation of the Secretary of 
State made in consultation with the Secretary of Homeland Security, and 
after appropriate consultation, may designate specifically defined 
groups of aliens--
            ``(I) whose resettlement in the United States is justified 
        by humanitarian concerns or is otherwise in the national 
        interest; and
            ``(II) who--
                    ``(aa) share common characteristics that identify 
                them as targets of persecution on account of race, 
                religion, nationality, membership in a particular 
                social group, or political opinion or of other serious 
                harm; or
                    ``(bb) having been identified as targets as 
                described in item (aa), share a common need for 
                resettlement due to a specific vulnerability.
    ``(ii) An alien who establishes membership in a group designated 
under clause (i) 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 ordered, incited, assisted, or otherwise participated in the 
persecution of any person on account of race, religion, nationality, 
membership in a particular social group, or political opinion.
    ``(iii) A designation under clause (i)--
            ``(I) may be revoked by the President at any time after 
        notification to Congress;
            ``(II) if not revoked under subclause (I), shall expire at 
        the end of the fiscal year; and
            ``(III) may be renewed by the President after appropriate 
        consultation.
    ``(iv) Categories of aliens established under section 599D of 
Public Law 101-167 (8 U.S.C. 1157 note)--
            ``(I) shall be designated under clause (i) until the end of 
        the first fiscal year commencing after the date of the 
        enactment of the Refugee Protection Act of 2011; and
            ``(II) shall be eligible for designation thereafter at the 
        discretion of the President.
    ``(v) An alien's admission under this subparagraph shall count 
against the refugee admissions goal under subsection (a).
    ``(vi) A designation under clause (i) shall not influence decisions 
to grant, to any alien, asylum under section 208, protection under 
section 241(b)(3), or protection under the Convention Against Torture 
and Other Cruel, Inhuman or Degrading Treatment or Punishment, done at 
New York December 10, 1984.''.
    (b) Written Reasons for Denials of Refugee Status.--Each decision 
to deny an application for refugee status of an alien who is within a 
category established under section 207(c)(1)(B) of the Immigration and 
Nationality Act, as added by subsection (a) shall be in writing and 
shall state, to the maximum extent feasible, the reason for the denial.
    (c) Effective Date.--The amendments made by subsection (a) shall 
take effect on the first day of the first fiscal year that begins after 
the date of the enactment of this Act.

SEC. 19. MULTIPLE FORMS OF RELIEF.

    (a) In General.--Applicants for admission as refugees may 
simultaneously pursue admission under any visa category for which such 
applicants may be eligible.
    (b) Asylum Applicants Who Become Eligible for Diversity Visas.--
Section 204(a)(1)(I) of the Immigration and Nationality Act (8 U.S.C. 
1154(a)(1)(I)) is amended by adding at the end the following:
    ``(iv)(I) An asylum seeker in the United States who is notified 
that he or she is eligible for an immigrant visa pursuant to section 
203(c) may file a petition with the district director that has 
jurisdiction over the district in which the asylum seeker resides (or, 
in the case of an asylum seeker who is or was in removal proceedings, 
the immigration court in which the removal proceeding is pending or was 
adjudicated) to adjust status to that of a permanent resident.
    ``(II) A petition under subclause (I) shall be filed not later than 
30 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 require.
    ``(III) 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 selected. Notwithstanding 
clause (ii)(II), if the district director or immigration court is 
unable to complete such adjudication during such fiscal year, the 
adjudication and adjustment of the petitioner's status may take place 
after the end of such fiscal year.''.

SEC. 20. PROTECTION OF REFUGEE FAMILIES.

    (a) Children of Refugee or Asylee Spouses and Children.--A child of 
an alien who qualifies for admission as a spouse or child under section 
207(c)(2)(A) or 208(b)(3) of the Immigration and Nationality Act (8 
U.S.C. 1157(c)(2)(A) and 1158(b)(3)) shall be entitled to the same 
admission status as such alien if the child--
            (1) is accompanying or following to join such alien; and
            (2) is otherwise admissible under such section 207(c)(2)(A) 
        or 208(b)(3).
    (b) Separated Children.--A child younger than 18 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--
            (1) it is in the best interest of such child to be placed 
        with such alien in the United States; and
            (2) such child is otherwise admissible under section 
        207(c)(3) of the Immigration and Nationality Act (8 U.S.C. 
        1157(c)(3)).
    (c) Elimination of Time Limits on Reunification of Refugee and 
Asylee Families.--
            (1) Emergency situation refugees.--Section 207(c)(2)(A) of 
        the Immigration and Nationality Act (8 U.S.C. 1157(c)(2)(A)) is 
        amended by striking ``A spouse or child (as defined in section 
        101(b)(1) (A), (B), (C), (D), or (E))'' and inserting, 
        ``Regardless of when such refugee was admitted to the United 
        States, a spouse or child (other than a child described in 
        section 101(b)(1)(F))''.
            (2) Asylum.--Section 208(b)(3)(A) of such Act (8 U.S.C. 
        1158(b)(3)(A)) is amended to read as follows:
                    ``(A) In general.--A spouse or child (other than a 
                child described in section 101(b)(1)(F)) of an alien 
                who was granted asylum under this subsection at any 
                time may, if not otherwise eligible for asylum under 
                this section, be granted the same status as the alien 
                if accompanying or following to join such alien.''.
    (d) Timely Adjudication of Refugee and Asylee Family Reunification 
Petitions.--Title II of the Immigration and Nationality Act (8 U.S.C. 
1151 et seq.) is amended--
            (1) in section 207(c)(2), as amended by subsection (c), by 
        adding at the end the following:
    ``(D) The Secretary shall ensure that the application of an alien 
who is following to join a refugee who qualifies for admission under 
paragraph (1) is adjudicated not later than 90 days after the 
submission of such application.''; and
            (2) in section 208(b)(3), as amended by section 15(a)(2), 
        by adding at the end the following:
                    ``(D) Timely adjudication.--The Secretary shall 
                ensure that the application of each alien described in 
                subparagraph (A) who applies to follow an alien granted 
                asylum under this subsection is adjudicated not later 
                than 90 days after the submission of such 
                application.''.

SEC. 21. REFORM OF REFUGEE CONSULTATION PROCESS.

    Section 207 of the Immigration and Nationality Act (8 U.S.C. 1157) 
is amended--
            (1) in subsection (a), by adding at the end the following:
    ``(5) All officers of the Federal Government responsible for 
refugee admissions or refugee resettlement shall treat the 
determinations made under this subsection and subsection (b) as the 
refugee admissions goal for the fiscal year.'';
            (2) in subsection (d), by adding at the end the following:
    ``(4) Not later than 15 days after the last day of each calendar 
quarter, 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--
            ``(A) the number of refugees who were admitted during the 
        previous quarter;
            ``(B) the percentage of those arrivals against the refugee 
        admissions goal for such quarter;
            ``(C) the cumulative number of refugees who were admitted 
        during the fiscal year as of the end of such quarter;
            ``(D) 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 year; and
            ``(E) a plan that describes the procedural or personnel 
        changes necessary to achieve the refugee admissions goal for 
        the fiscal year.''; and
            (3) in subsection (e)--
                    (A) by redesignating paragraphs (1) through (7) as 
                subparagraphs (A) through (G), respectively;
                    (B) in the matter preceding subparagraph (A), as 
                redesignated--
                            (i) by inserting ``(1)'' after ``(e)''; and
                            (ii) by inserting ``, which shall be 
                        commenced not later than May 1 of each year and 
                        continue periodically throughout the remainder 
                        of the year, if necessary,'' after 
                        ``discussions in person'';
                    (C) by striking ``To the extent possible,'' and 
                inserting the following:
    ``(2) To the extent possible''; and
                    (D) by adding at the end the following:
    ``(3)(A) The plans referred to in paragraph (1)(C) shall include 
estimates of--
            ``(i) the number of refugees the President expects to have 
        ready to travel to the United States at the beginning of the 
        fiscal year;
            ``(ii) the number of refugees and the stipulated 
        populations the President expects to admit to the United States 
        in each quarter of the fiscal year; and
            ``(iii) the number of refugees the President expects to 
        have ready to travel to the United States at the end of the 
        fiscal year.
    ``(B) 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 (a) and (b).''.

SEC. 22. ADMISSION OF REFUGEES IN THE ABSENCE OF THE ANNUAL 
              PRESIDENTIAL DETERMINATION.

    Section 207(a) of the Immigration and Nationality Act (8 U.S.C. 
1157(a)) is amended--
            (1) by striking paragraph (1);
            (2) by redesignating paragraphs (2), (3), (4), and (5) as 
        paragraphs (1), (2), (3), and (4), respectively;
            (3) in paragraph (1), as redesignated--
                    (A) by striking ``after fiscal year 1982''; and
                    (B) by adding at the end the following: ``If the 
                President does not issue a determination under this 
                paragraph before the beginning of a fiscal year, the 
                number of refugees that may be admitted under this 
                section in each quarter before the issuance of such 
                determination shall be 25 percent of the number of 
                refugees admissible under this section during the 
                previous fiscal year.''; and
            (4) in paragraph (3), as redesignated, by striking 
        ``(beginning with fiscal year 1992)''.

SEC. 23. UPDATE OF RECEPTION AND PLACEMENT GRANTS.

    Beginning with fiscal year 2012, not later than 30 days before the 
beginning of each fiscal year, the Secretary shall notify Congress of 
the amount of funds that the Secretary will provide in its Reception 
and Placement Grants in the coming fiscal year. In setting the amount 
of such grants each year, the Secretary shall ensure that--
            (1) the grant amount is adjusted so that it is adequate to 
        provide for the anticipated initial resettlement needs of 
        refugees, including adjusting the amount for inflation and the 
        cost of living;
            (2) 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 
        year; and
            (3) additional amounts are provided to each national 
        resettlement agency promptly upon the arrival of refugees that, 
        exclusive of the amounts provided pursuant to paragraph (2), 
        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 (1).

SEC. 24. PROTECTION FOR ALIENS INTERDICTED AT SEA.

    Section 241(b)(3) of the Immigration and Nationality Act (8 U.S.C. 
1231(b)(3)) is amended--
            (1) in the paragraph heading, 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 torture'';
            (2) in subparagraph (A)--
                    (A) by striking ``Notwithstanding'' and inserting 
                the following:
                            ``(i) Life or freedom threatened.--
                        Notwithstanding''; and
                    (B) by adding at the end the following:
                            ``(ii) Asylum interview.--Notwithstanding 
                        paragraphs (1) and (2), 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 
                        departure, origin, or last habitual residence--
                                    ``(I) until such alien has had the 
                                opportunity to be interviewed by an 
                                asylum officer to determine whether 
                                that alien has a well-founded fear of 
                                persecution because of the alien's 
                                race, religion, nationality, membership 
                                in a particular social group, or 
                                political opinion, or because the alien 
                                would be subject to torture in that 
                                country; or
                                    ``(II) 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 departure, origin, or 
                                last habitual residence.'';
            (3) by redesignating subparagraphs (B) and (C) as 
        subparagraphs (C) and (D), respectively; and
            (4) by inserting after subparagraph (A) the following:
                    ``(B) 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--
                            ``(i) provides each alien--
                                    ``(I) a meaningful opportunity to 
                                express, through a translator who is 
                                fluent in a language the alien claims 
                                to understand, a fear of return to his 
                                or her country of departure, origin, or 
                                last habitual residence; and
                                    ``(II) in a confidential setting 
                                and in a language the alien claims to 
                                understand, information concerning the 
                                alien's interdiction, including the 
                                ability to inform United States 
                                officers about any fears relating to 
                                the alien's return or repatriation;
                            ``(ii) provides each alien expressing such 
                        a fear of return or repatriation a confidential 
                        interview conducted by an asylum officer, in a 
                        language the alien claims to understand, 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--
                                    ``(I) because of the alien's race, 
                                religion, nationality, membership in a 
                                particular social group, or political 
                                opinion; or
                                    ``(II) because the alien would be 
                                subject to torture in that country;
                            ``(iii) 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 understand; 
                        and
                            ``(iv) provides each alien who, according 
                        to the determination of an asylum officer, has 
                        a well-founded fear of persecution for the 
                        reasons specified in clause (ii) or would be 
                        subject to torture, an opportunity to seek 
                        protection in--
                                    ``(I) 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 resettlement; or
                                    ``(II) if the alien has no such 
                                ties, a country that will best 
                                facilitate the alien's resettlement, 
                                which may include the United States.''.

SEC. 25. MODIFICATION OF PHYSICAL PRESENCE REQUIREMENTS FOR ALIENS 
              SERVING AS TRANSLATORS.

    (a) In General.--Section 1059(e)(1) of the National Defense 
Authorization Act for Fiscal Year 2006 (Public Law 109-163; 8 U.S.C. 
1101 note) is amended to read as follows:
            ``(1) In general.--
                    ``(A) Continuous residence.--An absence from the 
                United States described in paragraph (2) 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 (8 U.S.C. 1401 et seq.).
                    ``(B) Physical presence.--In the case of a lawful 
                permanent resident, for an absence from the United 
                States described in paragraph (2), the time spent 
                outside of the United States in the capacity described 
                in paragraph (2) shall be counted towards the 
                accumulation of the required physical presence in the 
                United States.''.
    (b) Effective Date.--The amendment made by subsection (a) shall 
take effect as if included in the amendment made by section 1(c)(2) 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 immigrants, and for other purposes'', approved June 15, 2007 
(Public Law 110-36; 121 Stat. 227).

SEC. 26. ASSESSMENT OF THE REFUGEE DOMESTIC RESETTLEMENT PROGRAM.

    (a) In General.--As soon as practicable after the date of the 
enactment of this Act, 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 
Resettlement.
    (b) Matters To Be Studied.--In the study required under subsection 
(a), the Comptroller General shall determine and analyze--
            (1) how the Office of Refugee Resettlement defines self-
        sufficiency;
            (2) if this definition is adequate in addressing refugee 
        needs in the United States;
            (3) the effectiveness of the Office of Refugee Resettlement 
        programs in helping refugees to meet self-sufficiency;
            (4) an analysis of the unmet needs of the programs;
            (5) 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-sufficiency;
            (6) the role of community-based organizations in serving 
        refugees in areas experiencing a high number of new refugee 
        arrivals;
            (7) an analysis of how community-based organizations can be 
        better utilized and supported in the Federal domestic 
        resettlement process; and
            (8) recommendations on statutory changes to improve the 
        Office of Refugee Resettlement and the domestic refugee program 
        in relation to the matters analyzed under paragraphs (1) 
        through (7).
    (c) Report.--Not later than 2 years after the date of the enactment 
of this Act, the Comptroller General shall submit a report to Congress 
that contains the results of the study required under subsection (a).

SEC. 27. REFUGEE ASSISTANCE.

    (a) Amendments to the Social Services Funding.--Section 
412(c)(1)(B) of the Immigration and Nationality Act (8 U.S.C. 
1522(c)(1)(B)) is amended to read as follows:
            ``(B) The funds available for a fiscal year for grants and 
        contracts under subparagraph (A) shall be allocated among the 
        States based on a combination of--
                    ``(i) the total number or refugees (including 
                children and adults) who arrived in the United States 
                not more than 36 months before the beginning of such 
                fiscal year and are actually residing in each State 
                (taking into account secondary migration) as of the 
                beginning of the fiscal year;
                    ``(ii) 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 year; and
                    ``(iii) projections on the number and nature of 
                incoming refugees and other populations served by the 
                Office during the subsequent fiscal year.''.
    (b) Report on Secondary Migration.--Section 412(a)(3) of such Act 
(814 U.S.C. 1522(a)(3)) is amended--
            (1) by striking ``a periodic'' and inserting ``an annual''; 
        and
            (2) by adding at the end the following: ``At the end of 
        each fiscal year, the Assistant Secretary shall submit a report 
        to Congress that describes the findings of the assessment, 
        including States experiencing departures and arrivals due to 
        secondary migration, likely reasons for migration, the impact 
        of secondary migration on States hosting secondary migrants, 
        availability of social services for secondary migrants in those 
        States, and unmet needs of those secondary migrants.''.
    (c) Assistance Made Available to Secondary Migrants.--Section 
412(a)(1) of such Act (8 U.S.C. 1522(a)(1)) is amended by adding at the 
end the following:
            ``(C) When providing assistance under this section, the 
        Assistant Secretary shall ensure that such assistance is 
        provided to refugees who are secondary migrants and meet all 
        other eligibility requirements for such services.''.
    (d) Notice and Rulemaking.--Not later than 90 days after the date 
of enactment of this Act, but in no event later than 30 days before the 
effective date of the amendments made by this section, the Assistant 
Secretary shall--
            (1) issue a proposed rule of the new formula by which 
        grants and contracts are to be allocated pursuant to the 
        amendments made by subsection (c); and
            (2) solicit public comment.
    (e) 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 Act.

SEC. 28. RESETTLEMENT DATA.

    (a) In General.--The Assistant Secretary of Health and Human 
Services for Refugee and Asylee Resettlement (referred to in this 
section as the ``Assistant Secretary'') shall expand the Office of 
Refugee Resettlement's data analysis, collection, and sharing 
activities in accordance with this section.
    (b) Data on Mental and Physical Medical Cases.--The Assistant 
Secretary shall coordinate with the Centers for Disease Control, 
national resettlement agencies, community-based organizations, and 
State refugee health programs to track national and State trends on 
refugees arriving with Class A medical conditions and other urgent 
medical needs. In collecting information under this subsection, the 
Assistant Secretary shall utilize initial refugee health screening 
data, including history of severe trauma, torture, mental health 
symptoms, depression, anxiety and post traumatic stress disorder, 
recorded during domestic and international health screenings, and 
Refugee Medical Assistance utilization rate data.
    (c) Data on Housing Needs.--The Assistant Secretary shall partner 
with State refugee programs, community-based organizations, and 
national resettlement agencies to collect data relating to the housing 
needs of refugees, including--
            (1) the number of refugees who have become homeless; and
            (2) the number of refugees at severe risk of becoming 
        homeless.
    (d) Data on Refugee Employment and Self-sufficiency.--The Assistant 
Secretary shall gather longitudinal information relating to refugee 
self-sufficiency and employment status for 2-year period beginning 1 
year after the refugee's arrival.
    (e) Availability of Data.--The Assistant Secretary shall annually--
            (1) update the data collected under this section; and
            (2) submit a report to Congress that contains the updated 
        data.

SEC. 29. PROTECTIONS FOR REFUGEES.

    Section 209 (8 U.S.C. 1159) is amended--
            (1) in subsection (a)(1), by striking ``return or be 
        returned to the custody of the Department of Homeland Security 
        for inspection and examination for admission to the United 
        States as an immigrant in accordance with the provisions of 
        sections 235, 240, and 241'' and inserting ``be eligible for 
        adjustment of status as an immigrant to the United States'';
            (2) in subsection (a)(2), by striking ``upon inspection and 
        examination''; and
            (3) in subsection (c), by adding at the end the following: 
        ``An application for adjustment under this section may be filed 
        up to 3 months before the date the applicant would first 
        otherwise be eligible for adjustment under this section.''.

SEC. 30. EXTENSION OF ELIGIBILITY PERIOD FOR SOCIAL SECURITY BENEFITS 
              FOR CERTAIN REFUGEES.

    (a) Extension of Eligibility Period.--
            (1) In general.--Section 402(a)(2)(M)(i) of the Personal 
        Responsibility and Work Opportunity Reconciliation Act of 1996 
        (8 U.S.C. 1612(a)(2)(M)(i)) is amended--
                    (A) in subclause (I), by striking ``9-year'' and 
                inserting ``10-year''; and
                    (B) in subclause (II), by striking ``2-year'' and 
                inserting ``3-year''.
            (2) Conforming amendment.--The heading for section 
        402(a)(2)(M)(i) of such Act is amended by striking ``Two-year 
        extension'' and inserting ``Extension''.
            (3) Effective date.--The amendments made by this subsection 
        take effect on October 1, 2011.
    (b) Extension of Period for Collection of Unemployment Compensation 
Debts Resulting From Fraud.--Paragraph (8) of section 6402(f) of the 
Internal Revenue Code of 1986 (relating to collection of unemployment 
compensation debts resulting from fraud) is amended by striking ``10 
years'' and inserting ``10 years and 2 months''.

SEC. 31. AUTHORIZATION OF APPROPRIATIONS.

    There are authorized to be appropriated such sums as may be 
necessary to carry out this Act, and the amendments made by this Act.

SEC. 32. DETERMINATION OF BUDGETARY EFFECTS.

    The budgetary effects of this Act, for the purpose of complying 
with the Statutory Pay-As-You-Go Act of 2010, shall be determined by 
reference to the latest statement titled ``Budgetary Effects of PAYGO 
Legislation'' for this Act, jointly submitted for printing in the 
Congressional Record by the Chairmen of the Senate Budget Committee, 
provided that such statement has been submitted prior to the vote on 
passage.
                                 <all>