[Congressional Bills 114th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5851 Introduced in House (IH)]

<DOC>






114th CONGRESS
  2d Session
                                H. R. 5851

  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 HOUSE OF REPRESENTATIVES

                             July 14, 2016

  Ms. Lofgren (for herself, Mr. Conyers, Mr. Nadler, Ms. Judy Chu of 
California, Mr. Gutierrez, Mr. Cicilline, Mr. Becerra, Mr. Blumenauer, 
  Mr. Brady of Pennsylvania, Mr. Crowley, Mr. Ellison, Mr. Engel, Mr. 
Honda, Mr. Ted Lieu of California, Ms. Matsui, Mr. Moulton, Ms. Norton, 
  Mr. O'Rourke, Mr. Polis, Ms. Roybal-Allard, Ms. Linda T. Sanchez of 
California, Ms. Schakowsky, Mr. Sires, Mr. Takano, Mr. Veasey, and Mr. 
    Welch) introduced the following bill; which was referred to the 
 Committee on the Judiciary, and in addition to the Committees on Ways 
   and Means, the Budget, and Homeland Security, for a period to be 
subsequently determined by the Speaker, in each case for consideration 
  of such provisions as fall within the jurisdiction of the committee 
                               concerned

_______________________________________________________________________

                                 A BILL


 
  To 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 2016''.
    (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 certain vulnerable groups of asylum seekers.
Sec. 5. Scope and standard for review.
Sec. 6. Efficient asylum and refugee determination process.
Sec. 7. Secure alternatives.
Sec. 8. Conditions of detention.
Sec. 9. Timely notice of immigration charges.
Sec. 10. Procedures for ensuring accuracy and verifiability of sworn 
                            statements taken pursuant to expedited 
                            removal authority.
Sec. 11. Child welfare professionals.
Sec. 12. Study on the effect of expedited removal provisions, 
                            practices, and procedures on asylum claims.
Sec. 13. Training for border security and immigration enforcement 
                            officers.
Sec. 14. Refugee opportunity promotion.
Sec. 15. Protections for minors seeking asylum.
Sec. 16. Fair day in court for kids.
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. Protecting victims of terrorism from being defined as 
                            terrorists.
Sec. 27. Assessment of the Refugee Domestic Resettlement Program.
Sec. 28. Refugee assistance.
Sec. 29. Resettlement data.
Sec. 30. Extension of eligibility period for Social Security benefits 
                            for certain refugees.
Sec. 31. Prohibition on operation streamline for asylum seekers.
Sec. 32. T and U visa reforms.
Sec. 33. Transparency in refugee determinations.
Sec. 34. Authorization of appropriations.
Sec. 35. 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--
                                    (I) an intention to apply for 
                                asylum under that section; or
                                    (II) a fear of persecution; and
                            (iii) any alien who indicates--
                                    (I) an intention to apply for 
                                withholding of removal pursuant to--
                                            (aa) section 241 of the 
                                        Immigration and Nationality Act 
                                        (8 U.S.C. 1231); or
                                            (bb) the Convention Against 
                                        Torture and Other Cruel, 
                                        Inhuman or Degrading Treatment 
                                        or Punishment, done at New York 
                                        December 10, 1984; or
                                    (II) a fear that the alien's life 
                                or freedom would be threatened;
                    (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) Department.--The term ``Department'' means the 
        Department of Homeland Security.
            (3) 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 or the Secretary 
                of Homeland Security, the existence of changed 
                circumstances that materially affect the applicant's 
                eligibility for asylum.
                    ``(D) Motion to reopen certain meritorious 
                claims.--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 
                2016 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 was 
                        not denied asylum as a matter of discretion; 
                        and
                            ``(v) is physically present in the United 
                        States when the motion is filed.''.

SEC. 4. 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 or unwilling 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. A person who establishes that his or her 
        actions were committed under duress or while the person was 
        younger than 18 years of age shall not be considered to have 
        ordered, incited, assisted, or otherwise participated in 
        persecution under this subparagraph.
            ``(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. The trier of fact may not require such evidence 
        if the applicant does not have the evidence and demonstrates 
        that he or she cannot reasonably obtain the evidence. Evidence 
        shall not be considered reasonably obtainable if procurement of 
        such evidence would reasonably endanger the life or safety of 
        any person.'';
            (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 or unwilling 
                        to protect individuals of the applicant's race, 
                        religion, nationality, particular social group, 
                        or political opinion, or that the State's legal 
                        or social norms tolerate persecution against 
                        individuals of the applicant's race, religion, 
                        nationality, particular social group, or 
                        political opinion, may establish that 
                        persecution is on account of one of the grounds 
                        enumerated in subsection (a)(42)(A)(i)(II).''; 
                        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. The trier of fact may not require such evidence 
        if the applicant does not have the evidence and demonstrates 
        that he or she cannot reasonably obtain the evidence. Evidence 
        shall not be considered reasonably obtainable under this 
        subparagraph if procurement of such evidence would reasonably 
        endanger the life or safety of any person in the applicant's 
        home country.''; 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. 5. 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. 6. EFFICIENT ASYLUM AND REFUGEE DETERMINATION PROCESS.

    (a) Asylum Determination Process.--Section 235(b)(1) of the 
Immigration and Nationality Act (8 U.S.C. 1225(b)(1)) is amended--
            (1) in subparagraph (B), by striking clauses (i) through 
        (iii) and inserting the following:
                            ``(i) Conduct by asylum officers.--Asylum 
                        claims by aliens referred under subparagraph 
                        (A)(ii) shall be adjudicated in the first 
                        instance by asylum officers, under the 
                        jurisdiction of the Refugee, Asylum, and 
                        International Operations Directorate of U.S. 
                        Citizenship and Immigration Service, pursuant 
                        to and in accordance with section 208 and its 
                        implementing regulations. Asylum officers shall 
                        conduct full asylum interviews, scheduled with 
                        sufficient time to seek counsel and prepare 
                        supporting documents, and may grant asylum or 
                        refer the application, together with the 
                        appropriate charging document, for adjudication 
                        in removal proceedings.
                            ``(ii) Detention.--While such case is 
                        pending before the Asylum Office, the Secretary 
                        of Homeland Security may detain the alien 
                        pursuant to and in accordance with section 
                        236(a) and its implementing regulations.''; and
            (2) by striking--
                    (A) clause (v) of subparagraph (B);
                    (B) subparagraph (C); and
                    (C) subparagraph (D).
    (b) Refugee Determination Process.--If an application for admission 
to the United States under section 207 of the Immigration and 
Nationality Act (8 U.S.C. 1157) is placed on hold for longer than 3 
months or is subject to the expiration and repetition of more than 3 
screenings and one or more members of the applicant's family also have 
pending applications for admission under such section, the Secretary of 
Homeland Security shall notify any individual on that case who is 
eligible to travel separately of the option to separate such 
individual's case from the family unit and shall permit such individual 
to travel based upon such individual's satisfaction of all security and 
other requirements for refugee applications.
    (c) Clarification on Asylum Eligibility.--Section 208 of the 
Immigration and Nationality Act (8 U.S.C. 1158) is amended--
            (1) in subsection (b)(2)--
                    (A) by striking subparagraph (C); and
                    (B) by redesignating subparagraph (D) as 
                subparagraph (C); and
            (2) by adding at the end the following:
    ``(f) Clarification on Asylum Eligibility.--Notwithstanding any 
other provisions of law, an alien's eligibility for asylum shall be 
governed solely by this section.''.

SEC. 7. SECURE ALTERNATIVES.

    (a) Establishment.--The Secretary, in consultation with 
nongovernmental organizations, shall establish a continuum of 
alternatives to detention and case management services (referred to in 
this section as ``secure alternatives''), including screening of 
detainees, appearance assistance services, and community-based 
supervision programs, in each Enforcement and Removal Operations field 
office operated by U.S. Immigration and Customs Enforcement to ensure 
appearances by aliens at immigration proceedings.
    (b) Contract Authority.--The Secretary may contract with 
nongovernmental community-based organizations to meet the requirements 
under subsection (a).
    (c) Use of Bond or Recognizance.--The Secretary may not use secure 
alternatives when release on reasonable bond or recognizance is 
determined to be a sufficient measure to ensure an alien's appearance 
at immigration proceedings and protect public safety.
    (d) Program Requirements.--
            (1) Individualized determinations and review.--In 
        determining whether to use secure alternatives, the Secretary--
                    (A) shall make an individualized determination 
                about the level of monitoring necessary to ensure an 
                alien's appearance at immigration proceedings and 
                protect public safety;
                    (B) shall review the level of supervision on a 
                frequent basis and adjust as appropriate; and
                    (C) shall limit the use of restrictive electronic 
                monitoring devices, such as ankle bracelets to cases in 
                which there is a demonstrated need for such enhanced 
                monitoring.
            (2) Program elements.--Secure alternatives under this 
        section shall include--
                    (A) individualized case management by an assigned 
                case supervisor; and
                    (B) referral to community-based providers of legal 
                and social services.
            (3) Custody.--The Secretary may use secure alternatives to 
        maintain custody over any alien detained under the Immigration 
        and Nationality Act, except for aliens detained under section 
        236A of such Act (8 U.S.C. 1226a).
    (e) 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 or reasonable 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 makes an 
                                individualized determination supported 
                                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 and in 
                                writing, in a language the alien claims 
                                to understand.''.

SEC. 8. CONDITIONS OF DETENTION.

    (a) Definitions.--In this section:
            (1) Applicable standards.--The term ``applicable 
        standards'' means the most recent version of detention 
        standards and detention-related policies issued by the 
        Secretary or the Director of U.S. Immigration and Customs 
        Enforcement.
            (2) Detention facility.--The term ``detention facility'' 
        means a Federal, State, or local government facility, or a 
        privately owned and operated facility, that is used, in whole 
        or in part, to hold individuals under the authority of the 
        Director of U.S. Immigration and Customs Enforcement, including 
        facilities that hold such individuals under a contract or 
        agreement with the Director.
    (b) Detention Requirements.--The Secretary shall ensure that all 
persons detained pursuant to the Immigration and Nationality Act (8 
U.S.C. 1101 et seq.) are treated humanely and benefit from the 
protections set forth in this section.
    (c) Oversight Requirements.--
            (1) Annual inspection.--All detention facilities shall be 
        inspected by the Secretary on a regular basis, but not less 
        than annually, for compliance with applicable detention 
        standards issued by the Secretary and other applicable 
        regulations.
            (2) Routine oversight.--In addition to annual inspections, 
        the Secretary shall conduct routine oversight of detention 
        facilities, including unannounced inspections.
            (3) Availability of records.--All detention facility 
        contracts, memoranda of agreement, and evaluations and reviews 
        shall be considered records for purposes of section 552(f)(2) 
        of title 5, United States Code.
            (4) Consultation.--The Secretary shall seek input from 
        nongovernmental organizations regarding their independent 
        opinion of specific facilities.
    (d) Compliance Mechanisms.--
            (1) Agreements.--
                    (A) New agreements.--Compliance with applicable 
                standards established by the Secretary and all 
                applicable regulations, and meaningful financial 
                penalties for failure to comply, shall be a material 
                term in any new contract, memorandum of agreement, or 
                any renegotiation, modification, or renewal of an 
                existing contract or agreement, including fee 
                negotiations, executed with detention facilities.
                    (B) Existing agreements.--Not later than 180 days 
                after the date of the enactment of this Act, the 
                Secretary shall secure a modification incorporating 
                these terms for any existing contracts or agreements 
                that will not be renegotiated, renewed, or otherwise 
                modified.
                    (C) Cancellation of agreements.--Unless the 
                Secretary provides a reasonable extension to a specific 
                detention facility that is negotiating in good faith, 
                contracts or agreements with detention facilities that 
                are not modified within 1 year of the date of the 
                enactment of this Act shall be canceled.
                    (D) Provision of information.--In making 
                modifications under this paragraph, the Secretary shall 
                require that detention facilities regularly provide the 
                Secretary with all contracts, memoranda of agreement, 
                evaluations, and reviews regarding the facility. The 
                Secretary shall make such materials available to the 
                public.
            (2) Financial penalties.--
                    (A) Requirement to impose.--Subject to subparagraph 
                (C), the Secretary shall impose meaningful financial 
                penalties upon facilities that fail to comply with 
                applicable detention standards established by the 
                Secretary and other applicable regulations.
                    (B) Timing of imposition.--Financial penalties 
                shall be imposed under subparagraph (A) immediately 
                after a facility fails to achieve an adequate or the 
                equivalent median score in any performance evaluation.
                    (C) Waiver.--The requirements under subparagraph 
                (A) may be waived if the facility corrects the noted 
                deficiencies and receives an adequate score during the 
                90-day period beginning on the date on which the 
                facility failed to achieve an adequate score in a 
                performance evaluation.
                    (D) Multiple offenders.--If a facility persistently 
                and substantially fails to comply with applicable 
                detention standards, including scoring less than 
                adequate or the equivalent median score in 2 
                consecutive inspections--
                            (i) the Secretary shall terminate all 
                        contracts or agreements with such facility not 
                        later than 60 days after such failure; or
                            (ii) if the facility is operated by the 
                        Secretary, the Secretary shall close such 
                        facility not later than 90 days after such 
                        failure.
    (e) Reporting Requirements.--
            (1) Objectives.--Not later than June 30 of each year, the 
        Secretary shall prepare and submit a report to the Committee on 
        the Judiciary of the Senate and the Committee on the Judiciary 
        of the House of Representatives that describes the inspection 
        and oversight activities of detention facilities.
            (2) Contents.--Each report submitted under paragraph (1) 
        shall include--
                    (A) a description of each detention facility found 
                to be in noncompliance with applicable detention 
                standards issued by the Department or other applicable 
                regulations;
                    (B) a description of the actions taken by the 
                Department to remedy any findings of noncompliance or 
                other identified problems, including financial 
                penalties, contract or agreement termination, or 
                facility closure; and
                    (C) information regarding whether the actions 
                described in subparagraph (B) resulted in compliance 
                with applicable detention standards and regulations.
    (f) 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. 9. 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. 10. 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 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 is not certified by the 
        Department to 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. 11. CHILD WELFARE PROFESSIONALS.

    (a) Defined Term.--The term ``qualified child welfare 
professional'' means a professional with expertise in developmentally 
appropriate, culturally competent, and trauma-centered interviewing 
skills.
    (b) Guidelines.--The Secretary, in consultation with the Secretary 
of Health and Human Services, shall develop guidelines and train all 
relevant staff in accordance with such guidelines, to ensure that all 
children in the custody of the Department are properly screened for 
protection needs.
    (c) Memorandum of Understanding.--The Secretary and the Secretary 
of Health and Human Services shall establish a memorandum of 
understanding for the placement of qualified child welfare 
professionals, on a full- or part-time basis, to assist with screening 
for protection needs in not fewer than 7 U.S. Customs and Border 
Protection offices or stations, with presumptive priority given to 
those offices or stations with the largest number of child 
apprehensions during the previous fiscal year.

SEC. 12. STUDY ON THE EFFECT OF EXPEDITED REMOVAL PROVISIONS, 
              PRACTICES, AND PROCEDURES ON ASYLUM CLAIMS.

    (a) Study.--
            (1) Definitions.--In this subsection:
                    (A) Commission.--The term ``Commission'' means the 
                United States Commission on International Religious 
                Freedom.
                    (B) Immigration officer.--The term ``immigration 
                officer'' means 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--
                            (i) are apprehended after entering the 
                        United States; and
                            (ii) may be eligible to apply for asylum 
                        under section 208 or 235 of such Act.
            (2) Authorization.--The Commission is authorized to conduct 
        a study to determine whether immigration officers are engaging 
        in conduct described in paragraph (3).
            (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 (1)(C) to withdraw or retract claims for 
                asylum;
                    (B) incorrectly fails to refer such an alien for an 
                interview by an asylum officer, including failing to 
                record an alien's expression of fear of persecution or 
                torture;
                    (C) incorrectly removes such an alien to a country 
                in which the alien may be persecuted;
                    (D) detains such an alien improperly or under 
                inappropriate conditions;
                    (E) improperly separates a family unit after a 
                family member has expressed a credible fear of 
                persecution; or
                    (F) improperly refers an alien for processing under 
                an enforcement or deterrence program, such as the 
                Consequence Delivery System.
    (b) Report.--Not later than 2 years after the date on which the 
Commission initiates the study under subsection (a)(2), 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. 13. TRAINING FOR BORDER SECURITY AND IMMIGRATION ENFORCEMENT 
              OFFICERS.

    The Secretary shall ensure that U.S. Customs and Border Protection 
officers, U.S. Border Patrol agents, U.S. Immigration and Customs 
Enforcement officers and agents, United States Air and Marine Division 
agents, and agriculture specialists stationed within 100 miles of any 
land or marine border of the United States or at any United States port 
of entry receive appropriate training, which shall be prepared in 
collaboration with the Assistant Attorney General for the Civil Rights 
Division of the Department of Justice, in--
            (1) identifying and detecting fraudulent travel documents;
            (2) civil, constitutional, human, and privacy rights of 
        individuals;
            (3) the scope of enforcement authorities, including 
        interrogations, stops, searches, seizures, arrests, and 
        detentions;
            (4) use of force policies issued by the Secretary;
            (5) immigration laws, including screening, identifying, and 
        addressing vulnerable populations, such as children, victims of 
        crime and human trafficking, and individuals fleeing 
        persecution or torture;
            (6) social and cultural sensitivity toward border 
        communities;
            (7) the impact of border operations on communities; and
            (8) any particular environmental concerns in a particular 
        area.

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) Derivative Refugees and Asylees.--
            (1) Admission of spouse, child, mother, or father.--Section 
        207(c) of the Immigration and Nationality Act (8 U.S.C. 
        1157(c)) is amended--
                    (A) by amending paragraph (2) to read as follows:
            ``(2)(A)(i) A spouse or child (as defined in subparagraph 
        (A), (B), (C), (D), or (E) of section 101(b)(1)) of any 
        refugee, or the mother or father of an alien who is such a 
        child and who qualifies for admission under paragraph (1), if 
        not otherwise entitled to admission under such paragraph and 
        not described in section 101(a)(42)(B), shall be entitled to 
        the same admission status as such refugee if--
                    ``(I) accompanying, or following to join, such 
                refugee; and
                    ``(II) the spouse, child, mother, or father is 
                admissible (except as otherwise provided under 
                paragraph (3)) as an immigrant under this chapter.
            ``(ii) The admission to the United States of a spouse, 
        child, mother, or father described in subparagraph (A) shall be 
        charged against the numerical limitation established in 
        accordance with the appropriate subsection under which the 
        refugee's admission is charged.
            ``(B)(i) An unmarried alien who seeks to accompany, or 
        follow to join, his or her mother or father who was granted 
        admission as a refugee under this subsection, and who was 
        younger than 21 years of age on the date on which such mother 
        or father applied for refugee status under this section, shall 
        continue to be classified as a child for purposes of this 
        paragraph if the alien attained 21 years of age while such 
        application was pending.
            ``(ii) A mother or father who seeks to accompany, or follow 
        to join, an alien granted admission as a refugee under this 
        subsection shall continue to be classified as a mother or 
        father for purposes of this paragraph, if the alien attained 21 
        years of age while such application was pending.''; and
                    (B) in paragraph (4), by striking ``(and of the 
                spouse or child of the alien)'' and inserting ``(and of 
                the spouse, child, mother, or father of the alien)''.
            (2) Treatment of spouse, children, mother, and father 
        seeking asylum.--Section 208(b)(3) of the Immigration and 
        Nationality Act (8 U.S.C. 1158) is amended--
                    (A) in the paragraph heading, by striking ``and 
                children'' and inserting ``, children, mothers, and 
                fathers'';
                    (B) in subparagraph (A), by striking ``(as defined 
                in section 101(b)(1)(A), (B), (C), (D), or (E)) of an 
                alien'' and inserting ``(as defined in subparagraph 
                (A), (B), (C), (D), or (E) of section 101(b)(1)) of an 
                alien, or the mother or father of an alien who is such 
                a child,''; and
                    (C) by amending subparagraph (B) to read as 
                follows:
                    ``(B) Continued classification of certain aliens as 
                children.--(i) An unmarried alien who seeks to 
                accompany, or follow to join, a mother or father 
                granted asylum under this subsection, and who was 
                younger than 21 years of age on the date on which such 
                mother or father applied for asylum under this section, 
                shall continue to be classified as a child for purposes 
                of this paragraph and section 209(b)(3) if the alien 
                attained 21 years of age while such application was 
                pending.
                    ``(ii) A mother or father who seeks to accompany, 
                or follow to join, an alien granted asylum under this 
                subsection shall continue to be classified as a mother 
                or father for purposes of this paragraph and section 
                209(b)(3) if the alien attained 21 years of age while 
                such application was pending.''.
    (c) 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--
                    ``(A) reentered the United States illegally after 
                having been removed or after having departed 
                voluntarily under an order of removal; and
                    ``(B) 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. FAIR DAY IN COURT FOR KIDS.

    (a) Improving Immigration Court Efficiency and Reducing Costs by 
Increasing Access to Legal Information.--
            (1) Appointment of counsel in certain cases; right to 
        review certain documents in removal proceedings.--Section 
        240(b) of the Immigration and Nationality Act (8 U.S.C. 
        1229a(b)) is amended--
                    (A) in paragraph (4)--
                            (i) in subparagraph (A)--
                                    (I) by striking ``, at no expense 
                                to the Government,''; and
                                    (II) by striking the comma at the 
                                end and inserting a semicolon;
                            (ii) by redesignating subparagraphs (B) and 
                        (C) as subparagraphs (D) and (E), respectively;
                            (iii) by inserting after subparagraph (A) 
                        the following:
                    ``(B) the Attorney General may appoint or provide 
                counsel, at Government expense, to aliens in 
                immigration proceedings;
                    ``(C) the alien shall, at the beginning of the 
                proceedings or as expeditiously as possible, 
                automatically receive a complete copy of all relevant 
                documents in the possession of the Department of 
                Homeland Security, including all documents (other than 
                documents protected from disclosure by privilege, 
                including national security information referred to in 
                subparagraph (D), law enforcement sensitive 
                information, and information prohibited from disclosure 
                pursuant to any other provision of law) contained in 
                the file maintained by the Government that includes 
                information with respect to all transactions involving 
                the alien during the immigration process (commonly 
                referred to as an `A-file'), and all documents 
                pertaining to the alien that the Department of Homeland 
                Security has obtained or received from other government 
                agencies, unless the alien waives the right to receive 
                such documents by executing a knowing and voluntary 
                written waiver in a language that he or she understands 
                fluently;''; and
                            (iv) in subparagraph (D), as redesignated, 
                        by striking ``, and'' and inserting ``; and''; 
                        and
                    (B) by adding at the end the following:
            ``(8) Failure to provide alien required documents.--In the 
        absence of a waiver under paragraph (4)(C), a removal 
        proceeding may not proceed until the alien--
                    ``(A) has received the documents as required under 
                such paragraph; and
                    ``(B) has been provided meaningful time to review 
                and assess such documents.''.
            (2) Clarification regarding the authority of the attorney 
        general to appoint counsel to aliens in immigration 
        proceedings.--Section 292 of the Immigration and Nationality 
        Act (8 U.S.C. 1362) is amended--
                    (A) by striking ``In any'' and inserting the 
                following:
    ``(a) In General.--In any proceeding conducted under section 235, 
236, 238, 240, 241, or any other section of this Act,'';
                    (B) in subsection (a), as redesignated--
                            (i) by striking ``(at no expense to the 
                        Government)''; and
                            (ii) by striking ``he shall'' and inserting 
                        ``the person shall''; and
                    (C) by adding at the end the following:
    ``(b) Access to Counsel.--The Attorney General may appoint or 
provide counsel to aliens in any proceeding conducted under section 
235, 236, 238, 240, or 241 or any other section of this Act. The 
Secretary of Homeland Security shall ensure that aliens have access to 
counsel inside all immigration detention and border facilities.''.
            (3) Appointment of counsel for children and vulnerable 
        aliens.--
                    (A) In general.--Section 292 of the Immigration and 
                Nationality Act (8 U.S.C. 1362), as amended by 
                paragraph (2), is further amended by adding at the end 
                the following:
    ``(c) Children and Vulnerable Aliens.--Notwithstanding subsection 
(b), the Attorney General shall appoint counsel, at the expense of the 
Government if necessary, at the beginning of the proceedings or as 
expeditiously as possible, to represent in such proceedings any alien 
who has been determined by the Secretary of Homeland Security or the 
Attorney General to be--
            ``(1) a child (as defined in section 101(b)(1) of this 
        Act);
            ``(2) a particularly vulnerable individual, such as--
                    ``(A) a person with a disability; or
                    ``(B) a victim of abuse, torture, or violence; or
            ``(3) an individual whose circumstances are such that the 
        appointment of counsel is necessary to help ensure fair 
        resolution and efficient adjudication of the proceedings.
    ``(d) Extension to Consolidated Cases.--If the Attorney General has 
consolidated the case of any alien for whom counsel was appointed under 
subsection (c) with that of any other alien, and that other alien does 
not have counsel, then the counsel appointed under subsection (c) shall 
be appointed to represent such other alien.
    ``(e) Authorization of Appropriations.--There is authorized to be 
appropriated to the Executive Office of Immigration Review of the 
Department of Justice such sums as may be necessary to carry out this 
section.''.
                    (B) Rulemaking.--The Attorney General shall 
                promulgate regulations to implement section 292(c) of 
                the Immigration and Nationality Act, as added by 
                subparagraph (A), in accordance with the requirements 
                set forth in section 3006A of title 18, United States 
                Code.
    (b) Access by Counsel and Legal Orientation at Detention 
Facilities.--
            (1) Access to counsel.--The Secretary of Homeland Security 
        shall facilitate access to counsel for all aliens detained in 
        facilities under the supervision of U.S. Immigration and 
        Customs Enforcement or of U.S. Customs and Border Protection, 
        including providing information to aliens in detention about 
        legal services programs at detention facilities.
            (2) Access to legal orientation programs.--The Secretary of 
        Homeland Security, in consultation with the Attorney General, 
        shall establish procedures to ensure that legal orientation 
        programs are available for all detained aliens, including 
        aliens held in U.S. Customs and Border Protection facilities, 
        to inform such aliens of the basic procedures of immigration 
        hearings, their rights relating to those hearings under Federal 
        immigration laws, information that may deter such aliens from 
        filing frivolous legal claims, and any other information that 
        the Attorney General considers appropriate, such as a contact 
        list of potential legal resources and providers. Access to 
        legal orientation programs shall not be limited by the alien's 
        current immigration status, prior immigration history, or 
        potential for immigration relief.
            (3) Pilot project for nondetained aliens in removal 
        proceedings.--The Attorney General shall develop and administer 
        a 2-year pilot program at not fewer than 2 immigration courts 
        to provide nondetained aliens with pending asylum claims access 
        to legal information. At the conclusion of the pilot program, 
        the Attorney General shall submit a report to the Committee on 
        the Judiciary of the Senate and the Committee on the Judiciary 
        of the House of Representatives that describes the extent to 
        which nondetained aliens are provided with access to counsel.
            (4) Authorization of appropriations.--There is authorized 
        to be appropriated to the Executive Office of Immigration 
        Review of the Department of Justice such sums as may be 
        necessary to carry out this section.
    (c) Case Management Pilot Program To Increase Court Appearance 
Rates.--
            (1) Contract authority.--The Secretary of Homeland Security 
        shall establish a pilot program to increase the court 
        appearance rates of aliens described in section 292(c) of the 
        Immigration and Nationality Act, as added by subsection 
        (a)(3)(A), by contracting with nongovernmental, community-based 
        organizations to provide appropriate case management services 
        to such aliens. This pilot program shall not be used to monitor 
        individuals designated as unaccompanied alien children under 
        section 462 of the Homeland Security Act.
            (2) Scope of services.--Case management services provided 
        under paragraph (1) shall include assisting aliens with--
                    (A) accessing legal counsel;
                    (B) complying with court-imposed deadlines and 
                other legal obligations;
                    (C) procuring appropriate housing;
                    (D) enrolling their minor children in school; and
                    (E) acquiring health services, including, if 
                needed, mental health services.
            (3) Authorization of appropriations.--There is authorized 
        to be appropriated to the Department of Homeland Security such 
        sums as may be necessary to carry out this section.
    (d) Report on Access to Counsel.--
            (1) Report.--Not later than December 31 of each year, the 
        Secretary of Homeland Security, in consultation with the 
        Attorney General, shall prepare and submit a report to the 
        Committee on the Judiciary of the Senate and the Committee on 
        the Judiciary of the House of Representatives regarding the 
        extent to which aliens described in section 292(c) of the 
        Immigration and Nationality Act, as added by subsection 
        (a)(3)(A), have been provided access to counsel.
            (2) Contents.--Each report submitted under paragraph (1) 
        shall include, for the immediately preceding 1-year period--
                    (A) the number and percentage of aliens described 
                in subparagraphs (A), (B), and (C), respectively, of 
                section 292(c) of the Immigration and Nationality Act, 
                as added by subsection (a)(3)(A), who were represented 
                by counsel, including information specifying--
                            (i) the stage of the legal process at which 
                        the alien was represented; and
                            (ii) whether the alien was in government 
                        custody; and
                    (B) the number and percentage of aliens who 
                received legal orientation presentations.
    (e) Motions To Reopen.--Section 240(c)(7)(C) of the Immigration and 
Nationality Act (8 U.S.C. 1229a(c)(7)(C)) is amended by adding at the 
end the following:
                            ``(v) Special rule for children and other 
                        vulnerable aliens.--If the Attorney General 
                        fails to appoint counsel for an alien in 
                        violation of section 292(c)--
                                    ``(I) no limitation under this 
                                paragraph pertaining to the filing of 
                                any motion under this paragraph by such 
                                alien shall apply; and
                                    ``(II) the filing of such a motion 
                                shall stay the removal of the alien.''.

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 `stateless 
        person' means an individual who is not considered a national 
        under the operation of the laws of any country.
            ``(2) Designation of specific stateless groups.--The 
        Secretary of Homeland Security, in consultation with the 
        Secretary of State, may, in the discretion of the Secretary of 
        Homeland Security, designate specific groups of individuals who 
        are considered stateless persons, for purposes of this section.
    ``(b) Mechanisms for Regularizing the Status of Stateless 
Persons.--
            ``(1) Relief for certain individuals determined to be 
        stateless persons.--The Secretary of Homeland Security or the 
        Attorney General shall provide lawful conditional resident 
        status to an alien who--
                    ``(A) is a stateless person who is present in the 
                United States;
                    ``(B) applies for such relief;
                    ``(C) has not lost his or her nationality as a 
                result of voluntary action after arrival in the United 
                States, unless the loss was the result of duress, 
                coercion, or a reasonable expectation that he or she 
                had acquired or would acquire another nationality or 
                citizenship; and
                    ``(D) is not inadmissible under paragraph (2) or 
                (3) of section 212(a) based on criminal or national 
                security grounds and is not described in section 
                241(b)(3)(B)(i).
            ``(2) Waivers.--The Secretary of Homeland Security or the 
        Attorney General may waive any provisions under paragraph (2) 
        or (3) of section 212(a) (other than subparagraph (B), (D)(ii), 
        (E), (G), (H), or (I) of paragraph (2) or subparagraph (A), 
        (B), (C), (E), or (F) 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 available passport or travel document 
                issued at any time to the alien (whether or not the 
                passport or document has expired or been canceled, 
                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 authorize an alien who has applied for and is 
        found prima facie eligible for or been granted relief under 
        paragraph (1) to engage in employment in the United States.
            ``(5) Travel documents.--Upon request, the Secretary of 
        Homeland Security shall provide the conditional resident 
        recognized under subsection (b) with a document that 
        facilitates the alien's ability to travel abroad and be 
        admitted to the United States upon return, if otherwise 
        admissible.
            ``(6) Treatment of spouse and children.--The spouse or 
        child of an alien who has been granted lawful conditional 
        resident status under paragraph (1) shall, if not otherwise 
        eligible for admission under paragraph (1), be granted lawful 
        conditional resident status under this subsection if 
        accompanying, or following to join, such alien if--
                    ``(A) the spouse or child is admissible (except as 
                otherwise provided in paragraph (2)) and is not 
                described in section 241(b)(3)(B)(i); 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 1-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 1 year;
                    ``(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, shall 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 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) has not acquired permanent foreign residence 
                that is substantially likely to result in the 
                acquisition of citizenship; 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 1 year before 
        the date of such approval.
    ``(d) Travel Documents.--Upon request, the Secretary of Homeland 
Security shall provide alien lawfully admitted for permanent residence 
under subsection (c) with a document that facilitates the alien's 
ability to travel abroad and be admitted to the United States upon 
return, if otherwise admissible.
    ``(e) Proving the Claim.--
            ``(1) In general.--In determining an alien's eligibility 
        for lawful conditional resident status or lawful permanent 
        resident status under this section, the Secretary of Homeland 
        Security or the Attorney General shall consider any credible 
        evidence relevant to the application, including information 
        from the Secretary of State, especially the Bureaus of 
        Population Refugees and Migration and the Bureau of Democracy, 
        Human Rights and Labor.
            ``(2) Burden of proof.--In determining an alien's 
        eligibility for lawful conditional resident status or lawful 
        permanent resident status under this section--
                    ``(A) the applicant shall provide a full and 
                truthful account of his or her legal status in any 
                nation in which the applicant was born or resided 
                before entering the United States and submit all 
                evidence reasonably available; and
                    ``(B) the Secretary of Homeland Security shall 
                obtain and submit to the immigration officer or 
                immigration judge all available evidence regarding the 
                applicant's legal status in the nation of birth or 
                prior residence.
    ``(f) 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.--
                    ``(A) In general.--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 proceedings in order to apply for 
                relief under this section.
                    ``(B) Deadlines.--Any motion under subparagraph (A) 
                shall be filed not later than the later of--
                            ``(i) 2 years after the date of the 
                        enactment of the Refugee Protection Act of 
                        2016; or
                            ``(ii) 90 days after the date of entry of a 
                        final administrative order of removal, 
                        deportation, or exclusion.
                    ``(C) Effect of other limitations.--No time or 
                numerical limitation may be construed to restrict the 
                filing of a motion to reopen under this section if such 
                limitation is based on previously unavailable or 
                changed facts or circumstances that would undermine an 
                applicant's access to nationality that was previously 
                alleged by the Secretary of Homeland Security or the 
                applicant.
    ``(g) Limitations.--
            ``(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; or
                    ``(B) the parole of any alien into the United 
                States.''.
    (b) Conforming Amendment.--Section 203(b)(4) of the Immigration and 
Nationality Act (8 U.S.C. 1153(b)(4)) is amended by inserting ``to 
aliens granted adjustment of status under section 210A(c) or'' after 
``level,''.
    (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) is for purposes of 
adjudicatory efficiency and may be revoked by the President at any time 
after notification to Congress.
    ``(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 2016; 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.
    ``(vii) A decision to deny admission under this section to an alien 
who establishes to the satisfaction of the Secretary that the alien is 
a member of a group designated under clause (i)--
            ``(I) shall be in writing; and
            ``(II) shall cite the specific applicable provisions of 
        this Act upon which such denial was based, including--
                    ``(aa) the facts underlying the determination; and
                    ``(bb) whether there is a waiver of inadmissibility 
                available to the applicant.''.
    (b) 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, child (other than a child described in 
        section 101(b)(1)(F)), mother, or father of an alien who is a 
        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, child (other than a 
                child described in section 101(b)(1)(F)), mother, or 
                father of an alien who is a 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)(1), 
        by adding at the end the following:
    ``(C)(i) A person who is lawfully present in the United States may 
file an affidavit of relationship for such person's spouse or child 
(other than a child described in section 101(b)(1)(F)) to enter the 
United States as a refugee if such spouse or child qualifies for 
admission under paragraph (1) and is not described in section 
101(a)(42)(B).
    ``(ii) A spouse or child described in clause (i) may enter the 
United States as a refugee through the family reunification procedures 
described in subparagraph (A), regardless of the how the lawfully 
present person entered the United States.
    ``(iii) The admission of a spouse or child described in clause (i) 
shall be subject to the numerical limitations established pursuant to 
subsections (a) and (b).
    ``(D) The Secretary of Homeland Security shall ensure that the 
application of an alien who is following to join a refugee who 
qualifies for admission under paragraph (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 and 
        subsection (c)(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).
    ``(C) In fulfilling the requirements under this subsection, the 
President shall--
            ``(i) establish specific objectives or measurements for the 
        integration of refugees admitted to the United States; and
            ``(ii) submit an annual report to Congress on the 
        integration of resettled refugees on the basis of such 
        objectives or measurements.''.

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 2014, not later than 30 days before the 
beginning of each fiscal year, the Secretary of State shall notify 
Congress of the amount of funds that the Secretary will provide in its 
Reception and Placement Grants in the coming fiscal 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 in a confidential 
                                setting 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. 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, a consular officer, 
                                the Attorney General, or 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 one 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 
                                        two 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. 27. 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. 28. REFUGEE ASSISTANCE.

    (a) Amendments to 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 
(8 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 Director 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 
        Director shall ensure that such assistance is also provided to 
        refugees who are secondary migrants and meet all other 
        eligibility requirements for such services.''.
    (d) Refugees Needing Specialized Medical Care or Preparation.--
Section 412(b)(4)(B) of such Act (8 U.S.C. 1522(b)(4)(B)) is amended by 
inserting ``requiring specialized care or preparation before the 
refugee's arrival in the United States, or'' after ``medical 
conditions''.
    (e) Legal Assistance for Refugees and Asylees.--Section 
412(c)(1)(A) of such Act (8 U.S.C. 1522(c)(1)(A)) is amended--
            (1) in clause (ii), by striking ``and'' at the 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''.
    (f) 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.
    (g) 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. 29. RESETTLEMENT DATA.

    Section 412(a) of the Immigration and Nationality Act (8 U.S.C. 
1522(a)) is amended--
            (1) in paragraph (2)(A), by inserting ``, and shall 
        consider data collected under paragraph (11)'' before the 
        period at the end; and
            (2) by adding at the end the following:
            ``(11)(A) 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 paragraph.
            ``(B) 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 paragraph, 
        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) 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--
                    ``(i) the number of refugees who have become 
                homeless; and
                    ``(ii) the number of refugees at severe risk of 
                becoming homeless.
            ``(D) The Assistant Secretary shall gather longitudinal 
        information relating to refugee self-sufficiency and employment 
        status for a 2-year period beginning 1 year after the refugee's 
        arrival.
            ``(E) The Assistant Secretary shall annually--
                    ``(i) update the data collected under this 
                paragraph; and
                    ``(ii) submit a report to Congress that contains 
                the updated data.''.

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 
        shall take effect as of October 1, 2016.
    (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. PROHIBITION ON OPERATION STREAMLINE FOR ASYLUM SEEKERS.

    The Secretary shall refrain from referring any asylum seeker for 
prosecution under section 275 or 276 of the Immigration and Nationality 
Act (8 U.S.C. 1325 or 1326) absent a negative determination pursuant to 
section 235(b)(1)(B) of the Immigration and Nationality Act (8 U.S.C. 
1225(b)(1)(B)).

SEC. 32. T AND U VISA REFORMS.

    (a) T Visas.--Section 214(o) (8 U.S.C. 1184(o)) is amended by 
adding at the end the following:
    ``(8) Notwithstanding any provision of this Act granting 
eligibility for employment in the United States, the Secretary of 
Homeland Security shall grant employment authorization to an alien who 
has filed an application for nonimmigrant status under section 
101(a)(15)(T) on the date that is the earlier of--
            ``(A) the date on which the alien's application for such 
        status is approved; and
            ``(B) a date determined by the Secretary that is not later 
        than 180 days after the date on which such alien filed such 
        application.''.
    (b) U Visas.--
            (1) Increased accessibility.--Section 214(p)(2)(A) of the 
        Immigration and Nationality Act (8 U.S.C. 1184(p)(2)(A)) is 
        amended by striking ``10,000'' and inserting ``20,000''.
            (2) Work authorization while u visa applications are 
        pending.--Section 214(p) of such Act (8 U.S.C. 1184(p)), as 
        amended by paragraph (1), is further amended--
                    (A) in paragraph (6), by striking the last 
                sentence; and
                    (B) by adding at the end the following:
            ``(8) Work authorization.--Notwithstanding any provision of 
        this Act granting eligibility for employment in the United 
        States, the Secretary of Homeland Security shall grant 
        employment authorization to an alien who has filed an 
        application for nonimmigrant status under section 101(a)(15)(U) 
        on the date that is the earlier of--
                    ``(A) the date on which the alien's application for 
                such status is approved; and
                    ``(B) a date determined by the Secretary that is 
                not later than 180 days after the date on which such 
                alien filed such application.''.

SEC. 33. TRANSPARENCY IN REFUGEE DETERMINATIONS.

    Section 207(c) of the Immigration and Nationality Act (8 U.S.C. 
1157(c)) is amended by adding at the end the following:
    ``(5) The adjudicator of an application for refugee status under 
this section shall consider all relevant evidence and maintain a record 
of the evidence considered.
    ``(6) An applicant for refugee status may be represented, including 
at a refugee interview, at no expense to the Government, by an attorney 
or accredited representative who--
            ``(A) was chosen by the applicant; and
            ``(B) is authorized by the Secretary of Homeland Security 
        to be recognized as the representative of such applicant in an 
        adjudication under this section.
    ``(7)(A) A decision to deny an application for refugee status under 
this section--
            ``(i) shall be in writing; and
            ``(ii) shall cite the specific applicable provisions of 
        this Act upon which such denial was based, including--
                    ``(I) the facts underlying the determination; and
                    ``(II) whether there is a waiver of inadmissibility 
                available to the applicant.
    ``(B) The basis of any negative credibility finding shall be part 
of the written decision.
    ``(8)(A) An applicant who is denied refugee status under this 
section may file a request with the Secretary for a review of his or 
her application not later than 120 days after such denial.
    ``(B) A request filed under subparagraph (A) shall be adjudicated 
by refugee officers who have received training on considering requests 
for review of refugee applications that have been denied.
    ``(C) The Secretary shall publish the standard applied to a request 
for review under this paragraph.
    ``(D) A request for review under this paragraph may result in the 
decision being granted, denied, or reopened for a further interview.
    ``(E) A decision on a request for review under this paragraph--
            ``(i) shall be in writing; and
            ``(ii) shall provide, to the maximum extent feasible, 
        information on the reason for the denial.''.

SEC. 34. 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. 35. 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 (Public Law 111-139), 
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>