[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[S. 2936 Introduced in Senate (IS)]

<DOC>






116th CONGRESS
  1st Session
                                S. 2936

    To provide for the admission and protection of refugees, asylum 
     seekers, and other vulnerable individuals, to provide for the 
 processing of refugees and asylum seekers in the Western Hemisphere, 
 and to modify certain special immigrant visa programs, and for other 
                               purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                           November 21, 2019

Mr. Leahy (for himself, Ms. Harris, Mr. Booker, Ms. Hirono, Mr. Markey, 
 Mrs. Shaheen, Mrs. Gillibrand, Mr. Blumenthal, Mr. Cardin, Mr. Wyden, 
 Mrs. Murray, Mr. Sanders, Mr. Reed, Mr. Merkley, Ms. Warren, and Ms. 
  Klobuchar) introduced the following bill; which was read twice and 
               referred to the Committee on the Judiciary

_______________________________________________________________________

                                 A BILL


 
    To provide for the admission and protection of refugees, asylum 
     seekers, and other vulnerable individuals, to provide for the 
 processing of refugees and asylum seekers in the Western Hemisphere, 
 and to modify certain special immigrant visa programs, and for other 
                               purposes.

    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 2019''.
    (b) Table of Contents.--The table of contents for this Act is as 
follows:

Sec. 1. Short title; table of contents.
Sec. 2. Findings.
Sec. 3. Definitions.
  TITLE I--ADMISSION AND PROTECTION OF REFUGEES, ASYLUM SEEKERS, AND 
                      OTHER VULNERABLE INDIVIDUALS

                Subtitle A--Refugees and Asylum Seekers

Sec. 101. Modification of definition of refugee.
Sec. 102. Multiple forms of relief available to refugees and asylum 
                            seekers.
Sec. 103. Elimination of time limits on asylum applications.
Sec. 104. Consideration of asylum claims.
Sec. 105. Transparency in refugee determinations.
Sec. 106. Employment authorization for asylum seekers and other 
                            individuals.
Sec. 107. Admission of refugees and asylees as lawful permanent 
                            residents.
           Subtitle B--Protections for Children and Families

Sec. 111. Keeping families together.
Sec. 112. Protections for minors seeking asylum.
Sec. 113. Fair day in court for kids.
        Subtitle C--Protections for Other Vulnerable Individuals

Sec. 121. Modification of physical presence requirements for aliens 
                            admitted in special immigrant status for 
                            persons who have served as translators for 
                            the Armed Forces.
Sec. 122. Protection of stateless persons in the United States.
Sec. 123. Protecting victims of terrorism from being defined as 
                            terrorists.
Sec. 124. Protection for aliens interdicted at sea.
Sec. 125. Enhanced protection for individuals seeking U visas, T visas, 
                            and protection under VAWA.
Subtitle D--Protections Relating to Removal, Detention, and Prosecution

Sec. 131. Prevention of erroneous in absentia orders of removal.
Sec. 132. Scope and standard for review of removal orders.
Sec. 133. Presumption of liberty for asylum seekers.
Sec. 134. Procedures for ensuring accuracy and verifiability of sworn 
                            statements taken pursuant to expedited 
                            removal authority.
Sec. 135. Inspections by immigration officers.
Sec. 136. Study on effect on asylum claims of expedited removal 
                            provisions, practices, and procedures.
Sec. 137. Alignment with Refugee Convention obligations by prohibiting 
                            criminal prosecution of refugees.
                    Subtitle E--Refugee Resettlement

Sec. 141. Prioritization of family reunification in refugee 
                            resettlement process.
Sec. 142. Numerical goals for annual refugee admissions.
Sec. 143. Reform of refugee admissions consultation process.
Sec. 144. Designation of certain groups of refugees for resettlement 
                            and admission of refugees in emergency 
                            situations.
Sec. 145. Refugee resettlement; radius requirements.
Sec. 146. Study and report on contributions by refugees to the United 
                            States.
Sec. 147. Update of reception and placement grants.
Sec. 148. Resettlement data.
Sec. 149. Refugee assistance.
Sec. 150. Extension of eligibility period for Social Security benefits 
                            for certain refugees.
Sec. 151. United States Emergency Refugee Resettlement Contingency 
                            Fund.
                  Subtitle F--Miscellaneous Provision

Sec. 161. Authorization of appropriations.
  TITLE II--REFUGEE AND ASYLUM SEEKER PROCESSING IN WESTERN HEMISPHERE

Sec. 201. Expansion of refugee and asylum seeker processing.
Sec. 202. Strengthening regional humanitarian responses.
Sec. 203. Information campaign on dangers of irregular migration.
Sec. 204. Reporting requirement.
Sec. 205. Identification, screening, and processing of refugees and 
                            other individuals eligible for lawful 
                            admission to the United States.
Sec. 206. Central American Refugee Program.
Sec. 207. Central American Minors Program.
Sec. 208. Central American Family Reunification Parole Program.
Sec. 209. Informational campaign; case status hotline.
               TITLE III--SPECIAL IMMIGRANT VISA PROGRAMS

Sec. 301. Improvement of the direct access program for U.S.-affiliated 
                            Iraqis.
Sec. 302. Conversion of certain petitions.
Sec. 303. Special immigrant visa program reporting requirement.
Sec. 304. Improvements to application process for Afghan special 
                            immigrant visas.
Sec. 305. Special immigrant status for certain surviving spouses and 
                            children.
Sec. 306. Inclusion of certain special immigrants in the annual refugee 
                            survey.
Sec. 307. United States refugee program priorities.
Sec. 308. Special immigrant status for certain Syrian who worked for 
                            the United States Government in Syria.
Sec. 309. Special immigrant status reporting requirement.
Sec. 310. Processing mechanisms.
                      TITLE IV--GENERAL PROVISIONS

Sec. 401. Authorization of appropriations.
Sec. 402. Determination of budgetary effects.

SEC. 2. FINDINGS.

    Congress makes the following findings:
            (1) In 2019, the world is in the midst of the worst global 
        displacement crisis in history, with more than 70,800,000 
        forcibly displaced persons, including 25,900,000 refugees 
        worldwide, over half of whom are children, according to 
        estimates from the United Nations High Commissioner for 
        Refugees.
            (2) In 2018, less than 5 percent of global resettlement 
        needs were met despite there being 1,400,000 refugees in need 
        of third-country resettlement.
            (3) The United States refugee admissions program is a life-
        saving solution that--
                    (A) is critical to global humanitarian efforts;
                    (B) strengthens global security;
                    (C) leverages United States foreign policy 
                interests, including diplomatic and strategic interests 
                of supporting allies who often host a significant and 
                disproportionate share of refugees per capita;
                    (D) stabilizes sensitive regions impacted by forced 
                migration by ensuring that the United States shares 
                responsibility for global refugee protection;
                    (E) leverages refugee resettlement in the United 
                States to encourage other countries to uphold the human 
                rights of refugees, including by ensuring that 
                refugees--
                            (i) have the right to work, the right to an 
                        education, and freedom of movement; and
                            (ii) are not returned to a place in which 
                        their life or freedom is at risk;
                    (F) serves individuals and families in need of 
                resettlement;
                    (G) provides economic and cultural benefits to 
                cities, States, and the United States as a whole; and
                    (H) aligns with the international obligations of 
                the United States, including under--
                            (i) the Convention Relating to the Status 
                        of Refugees, done at Geneva July 28, 1951 (as 
                        made applicable by the Protocol Relating to the 
                        Status of Refugees, done at New York January 
                        31, 1967 (19 UST 6223)), of which the United 
                        States is a party;
                            (ii) the Convention against Torture and 
                        Other Cruel, Inhuman or Degrading Treatment or 
                        Punishment, done at New York December 10, 1984, 
                        of which the United States is a party;
                            (iii) the Convention relating to the Status 
                        of Stateless Persons, done at New York 
                        September 28, 1954; and
                            (iv) the Convention on the Reduction of 
                        Statelessness, done at New York August 30, 
                        1961.
            (4) The United States has historically been, and should 
        continue to be, a global leader in--
                    (A) responding to displacement crises around the 
                world, including through the provision of robust 
                humanitarian support;
                    (B) promoting the safety, health, and well-being of 
                refugees and displaced persons;
                    (C) welcoming asylum seekers who seek safety and 
                protecting other at-risk migrants, including survivors 
                of torture, victims of trafficking, and stateless 
                people; and
                    (D) working alongside other countries to strengthen 
                protection systems and support.
            (5) The United States has steadily reduced--
                    (A) access to asylum protection through 
                administrative policy and programmatic changes, 
                including policies and operational decisions aimed at 
                reducing or stopping the ability of asylum seekers to 
                access the United States border; and
                    (B) the resettlement of refugees, by way of two 
                consecutive historically low annual refugee admissions 
                goals after nearly 45 years during which the average 
                annual United States refugee admissions goal was over 
                95,000 individuals.
            (6) Refugees are--
                    (A) the most vetted travelers to enter the United 
                States; and
                    (B) subject to extensive screening checks, 
                including in-person interviews, biometric data checks, 
                and multiple interagency checks.
            (7) For the sake of refugees, asylum seekers, other 
        migrants, United States national diplomatic and strategic 
        interests, and local communities that benefit from the presence 
        of refugees, asylees, and other migrants, it is crucial for the 
        United States to better protect refugees and asylum seekers 
        through reforms, including--
                    (A) asylum reforms that ensure due process;
                    (B) reforms to border migration enforcement, 
                management, and adjudication systems that integrate 
                stronger protection of, and ensure due process for, 
                asylum seekers, children, victims of trafficking, 
                stateless people, and other migrants, including--
                            (i) community-based alternatives to 
                        detention for asylum seekers and other 
                        vulnerable migrants;
                            (ii) improved detention conditions;
                            (iii) an emphasis on fairness in the arrest 
                        and adjudication process;
                            (iv) increased access to legal information 
                        and representation; and
                            (v) a stronger commitment to child welfare 
                        in staffing and processes; and
                    (C) refugee reforms that--
                            (i) ensure at least the historical average 
                        annual refugee admissions goal;
                            (ii) prevent refugee policy that 
                        discriminates based on race or religion;
                            (iii) improve opportunities for refugees to 
                        achieve family unity; and
                            (iv) update and strengthen support for 
                        refugees and the communities that welcome 
                        refugees.
            (8) The people of the United States, and communities across 
        the United States, overwhelmingly support refugees and asylum 
        seekers, including people of faith, members of the Armed 
        Forces, veterans, elected officials, and retired high-ranking 
        officials.

SEC. 3. DEFINITIONS.

    In this Act:
            (1) Asylum seeker.--
                    (A) In general.--The term ``asylum seeker'' 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) Inclusion.--The term ``asylum seeker'' includes 
                any individual described in subparagraph (A) whose 
                application for asylum or withholding of removal is 
                pending judicial review.
                    (C) Exclusion.--The term ``asylum seeker'' 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) Best interest determination.--The term ``best interest 
        determination'' means a formal process with procedural 
        safeguards designed to give primary consideration to a child's 
        best interests in decision making.
            (3) Department.--The term ``Department'' means the 
        Department of Homeland Security.
            (4) Internally displaced persons.--The term ``internally 
        displaced persons'' means persons or a group of persons who 
        have been forced to leave their homes or places of habitual 
        residence, in particular due to armed conflict, generalized 
        violence, violations of human rights, or natural or human-made 
        disasters, and who have not crossed an internationally 
        recognized state border.
            (5) International protection.--The term ``international 
        protection'' means asylum status, refugee status, protection 
        under the Convention against Torture and Other Cruel, Inhuman 
        or Degrading Treatment or Punishment, done at New York December 
        10, 1984, and other regional protection status available in the 
        Western Hemisphere.
            (6) Secretary.--The term ``Secretary'' means the Secretary 
        of Homeland Security.

  TITLE I--ADMISSION AND PROTECTION OF REFUGEES, ASYLUM SEEKERS, AND 
                      OTHER VULNERABLE INDIVIDUALS

                Subtitle A--Refugees and Asylum Seekers

SEC. 101. MODIFICATION OF DEFINITION OF REFUGEE.

    (a) In General.--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;
                    ``(ii) a person who has a well-founded fear that he 
                or she will be forced to undergo such a procedure or be 
                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; and
                    ``(iii) the term `particular social group' means, 
                without any additional requirement not listed below, 
                any group whose members--
                            ``(I) share--
                                    ``(aa) a characteristic that is 
                                immutable or fundamental to identity, 
                                conscience, or the exercise of human 
                                rights; or
                                    ``(bb) a past experience or 
                                voluntary association that, due to its 
                                historical nature, cannot be changed; 
                                or
                            ``(II) are perceived as a group by society.
            ``(D)(i) The burden of proof shall be on the applicant to 
        establish that the applicant is a refugee.
            ``(ii) To establish that the applicant is a refugee, 
        persecution--
                    ``(I) shall be on account of race, religion, 
                nationality, membership in a particular social group, 
                or political opinion; and
                    ``(II) may be established by demonstrating that--
                            ``(aa) a protected ground is at least one 
                        reason for the applicant's persecution or fear 
                        of persecution;
                            ``(bb) the persecution or feared 
                        persecution would not have occurred or would 
                        not occur in the future but for a protected 
                        ground; or
                            ``(cc) the persecution or feared 
                        persecution had or will have the effect of 
                        harming the person because of a protected 
                        ground.
    ``(E) Where past or feared persecution by a nonstate actor is 
unrelated to a protected asylum ground, the causal nexus link is 
established if the state's failure to protect the asylum applicant from 
the nonstate actor is on account of a protected asylum ground.''.
    (b) Conforming Amendment.--Section 208(b)(1) of the Immigration and 
Nationality Act (8 U.S.C. 1158(b)(1)) is amended by striking ``section 
101(a)(42)(A)'' each place it appears and inserting ``section 
101(a)(42)(A)(i)''.

SEC. 102. MULTIPLE FORMS OF RELIEF AVAILABLE TO REFUGEES AND ASYLUM 
              SEEKERS.

    (a) In General.--An applicant for admission as a refugee may 
simultaneously pursue admission under any visa category for which the 
applicant may be eligible.
    (b) Asylum Applicants 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:
    ``(iii)(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 an alien lawfully admitted for 
permanent residence.
    ``(II) A petition under subclause (I) shall--
            ``(aa) be filed not later than 30 days before the end of 
        the fiscal year for which the petitioner receives notice of 
        eligibility for the visa; and
            ``(bb) 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 status of the petitioner may take place 
after the end of such fiscal year.''.

SEC. 103. 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 
                2019 if the alien--
                            ``(i)(I) was denied asylum based solely on 
                        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, in 
                        the case of a person having no nationality, 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; and
                            ``(IV)(aa) is not subject to the safe third 
                        country exception under subparagraph (A) or to 
                        a bar to asylum under subsection (b)(2); and
                            ``(bb) was not denied asylum as a matter of 
                        discretion; or
                            ``(ii) was denied asylum based solely on 
                        the implementation of--
                                    ``(I) the policy memorandum of the 
                                U.S. Citizenship and Immigration 
                                Services entitled `Guidance for 
                                Processing Reasonable Fear, Credible 
                                Fear, Asylum, and Refugee Claims in 
                                Accordance with Matter of A-B-' (PM-
                                602-0162), dated July 11, 2018;
                                    ``(II) the memorandum of the Office 
                                of the Principal Legal Advisor of U.S. 
                                Immigration and Customs Enforcement 
                                entitled `Litigating Domestic Violence-
                                Based Persecution Claims Following 
                                Matter of A-B-', dated July 11, 2018;
                                    ``(III) the interim final rule of 
                                the Department of Homeland Security and 
                                the Department of Justice entitled 
                                `Aliens Subject to a Bar on Entry Under 
                                Certain Presidential Proclamations; 
                                Procedures for Protection Claims' (83 
                                Fed. Reg. 55934 (November 9, 2019));
                                    ``(IV) Presidential Proclamation 
                                9822, issued on November 9, 2018 (83 
                                Fed. Reg. 57661);
                                    ``(V) the migrant protection 
                                protocols announced by the Secretary of 
                                Homeland Security on December 20, 2018 
                                (or any successor protocols);
                                    ``(VI) the policy memorandum of the 
                                U.S. Citizenship and Immigration 
                                Services entitled `Guidance for 
                                Implementing Section 235(b)(2)(C) of 
                                the Immigration and Nationality Act and 
                                the Migrant Protection Protocols' (PM-
                                602-0169), dated January 28, 2019; or
                                    ``(VII) any other policy memorandum 
                                of the Department of Homeland Security 
                                to implement the protocols described in 
                                subclause (V).''.

SEC. 104. CONSIDERATION OF ASYLUM CLAIMS.

    (a) Conditions for Granting Asylum.--
            (1) In general.--Section 208(b)(1)(B) of the Immigration 
        and Nationality Act (8 U.S.C. 1158(b)(1)(B)) is amended--
                    (A) 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.'';
                    (B) by striking clause (iii); and
                    (C) by inserting after clause (ii) the following:
                            ``(iii) Supporting evidence accepted.--
                        Direct or circumstantial evidence, including 
                        evidence that the government of the applicable 
                        country is unable or unwilling to protect 
                        individuals of the applicant's race, religion, 
                        nationality, particular social group, or 
                        political opinion, or that the legal or social 
                        norms of the country 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 race, religion, 
                        nationality, membership in a particular social 
                        group, or political opinion.
                            ``(iv) Credibility determination.--
                                    ``(I) In general.--Subject to 
                                subclause (II), a trier of fact may 
                                conduct a credibility assessment in the 
                                context of evaluating an applicant's 
                                claim for asylum.
                                    ``(II) Procedural and substantive 
                                requirements.--
                                            ``(aa) Objectivity.--
                                        Decisions regarding credibility 
                                        shall be made objectively, 
                                        impartially, and individually.
                                            ``(bb) Material facts.--A 
                                        credibility assessment under 
                                        this clause may only be 
                                        conducted on the material facts 
                                        of the applicant's claim. The 
                                        perception of the trier of fact 
                                        with respect to the applicant's 
                                        general truthfulness or 
                                        trustworthiness shall not be 
                                        relevant to assessing 
                                        credibility of material facts.
                                            ``(cc) Detail and 
                                        specificity.--In assessing 
                                        credibility, a trier of fact 
                                        may consider the detail and 
                                        specificity of information 
                                        provided by the applicant, the 
                                        internal consistency of the 
                                        applicant's statements, and the 
                                        consistency of the applicant's 
                                        statements with available 
                                        external information. In 
                                        considering such information 
                                        and statements, the trier of 
                                        fact shall consider the 
                                        applicant's contextual 
                                        circumstances, including--

                                                    ``(AA) exposure to 
                                                trauma;

                                                    ``(BB) age;

                                                    ``(CC) gender, 
                                                sexual orientation, or 
                                                gender identity;

                                                    ``(DD) educational 
                                                background;

                                                    ``(EE) physical or 
                                                mental health issues;

                                                    ``(FF) shame, 
                                                stigma, or denial;

                                                    ``(GG) 
                                                communication 
                                                difficulties;

                                                    ``(HH) 
                                                intercultural barriers; 
                                                and

                                                    ``(II) the 
                                                circumstances under 
                                                which such statements 
                                                were made.

                                            ``(dd) Duty to assist.--A 
                                        trier of fact shall have an 
                                        affirmative duty to assist the 
                                        applicant in providing credible 
                                        testimony.
                                            ``(ee) Consistency with 
                                        scientific literature.--A 
                                        credibility assessment 
                                        conducted under this clause, 
                                        and any credibility finding 
                                        made, shall be consistent with 
                                        current scientific literature 
                                        relating to behavioral 
                                        indicators of truth-telling, 
                                        the nature of traumatic 
                                        memories, and the ability of 
                                        trauma survivors to recall 
                                        aspects of, and surrounding, a 
                                        traumatic event.
                                            ``(ff) Timing.--A 
                                        credibility assessment under 
                                        this clause may not be made 
                                        until after--

                                                    ``(AA) an interview 
                                                of the applicant; and

                                                    ``(BB) all relevant 
                                                evidence has been 
                                                collected and 
                                                considered.

                                            ``(gg) Opportunity to 
                                        respond.--If a trier of fact 
                                        doubts the credibility of the 
                                        applicant, the trier of fact 
                                        shall specify any such doubt to 
                                        the applicant and provide the 
                                        applicant a meaningful 
                                        opportunity to respond.
                                            ``(hh) Clear findings.--The 
                                        result of a credibility 
                                        assessment under this clause 
                                        shall include clear findings 
                                        based on and supported by 
                                        evidence, after consideration 
                                        of all of the relevant evidence 
                                        consistent with items (cc) and 
                                        (dd), that describes the 
                                        material facts that are 
                                        accepted as credible and the 
                                        material facts that are 
                                        rejected as not credible, and 
                                        the reason for such acceptance 
                                        or rejection.
                                            ``(ii) Rebuttable 
                                        presumption.--If an adverse 
                                        credibility determination is 
                                        not explicitly made, the 
                                        applicant shall have a 
                                        rebuttable presumption of 
                                        credibility on appeal.''.
            (2) Conforming amendment.--Section 241(b)(3)(C) of the 
        Immigration and Nationality Act (8 U.S.C. 1231(b)(3)(C)) is 
        amended by striking ``and (iii)'' and inserting ``through 
        (iv)''.
    (b) Clarification on Asylum Eligibility.--Section 208(b)(2) of the 
Immigration and Nationality Act (8 U.S.C. 1158(b)(2)) is amended by 
striking subparagraph (C) and inserting the following:
                    ``(C) Clarification on asylum eligibility.--
                Notwithstanding any other provision of law, the 
                eligibility of an alien for asylum shall be governed 
                solely by this section.''.
    (c) Third-Country Transit.--Section 208(b)(2) of the Immigration 
and Nationality Act (8 U.S.C. 1158(b)(2) is amended by adding at the 
end the following:
                    ``(E) Third-country transit.--A stay by an 
                applicant in a third country that does not amount to 
                firm resettlement shall not be grounds for 
                discretionary denial of asylum.''.
    (d) Initial Jurisdiction Over Asylum Applications.--Section 208(b) 
of the Immigration and Nationality Act (8 U.S.C. 1158(b)) is amended--
            (1) in paragraph (3), by striking subparagraph (C); and
            (2) by adding at the end the following:
            ``(4) Initial jurisdiction.--
                    ``(A) In general.--An asylum officer (as defined in 
                section 235(b)(1)(E)) shall have initial jurisdiction 
                over any asylum application regardless of whether filed 
                in accordance with this section or section 235(b).
                    ``(B) Final order of removal entered.--In the case 
                of an alien with respect to whom a final order of 
                removal was previously entered, an asylum officer shall 
                have initial jurisdiction over any application for 
                withholding of removal 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, 
                regardless of whether such an application is filed in 
                accordance with this section or section 235(b).''.
    (e) Modification of Definition of Asylum Officer.--Section 
235(b)(1)(E) of the Immigration and Nationality Act (8 U.S.C. 
1225(b)(1)(E)) is amended to read as follows:
                    ``(E) Asylum officer defined.--
                            ``(i) In general.--In this paragraph, the 
                        term `asylum officer' means an immigration 
                        officer who--
                                    ``(I) has had professional training 
                                in country conditions, asylum law, and 
                                nonadversarial interviewing techniques 
                                necessary for adjudication of 
                                applications under section 208;
                                    ``(II) adjudicates applications 
                                under that section on a full-time 
                                basis; and
                                    ``(III) is supervised by an officer 
                                who--
                                            ``(aa) meets the condition 
                                        described in subclause (I); and
                                            ``(bb) has had substantial 
                                        experience adjudicating asylum 
                                        applications.
                            ``(ii) Exceptional circumstances.--
                                    ``(I) In general.--The Secretary of 
                                Homeland Security may, only in 
                                exceptional circumstances and to 
                                protect national security, designate 
                                one or more individuals who do not meet 
                                the condition described in clause 
                                (i)(III) to act as temporary asylum 
                                officers.
                                    ``(II) Limitation.--An individual 
                                designated as a temporary asylum 
                                officer under subclause (I) may not 
                                hold or have held in the preceding 3 
                                years a position the central function 
                                of which is immigration enforcement, 
                                including Border Patrol agents, Customs 
                                and Border Protection officers, and 
                                Immigration and Customs Enforcement 
                                officers.
                                    ``(III) Annual report.--During any 
                                period in which the Secretary of 
                                Homeland Security designates one or 
                                more temporary asylum officers, not 
                                later than 30 days after such 
                                designation, the Secretary of Homeland 
                                Security shall submit to Congress a 
                                report that includes--
                                            ``(aa) a justification for 
                                        the designation;
                                            ``(bb) the number of 
                                        officers designated;
                                            ``(cc) the duration of 
                                        service of such officers;
                                            ``(dd) the number of 
                                        interviews conducted by such 
                                        officers;
                                            ``(ee) with respect to 
                                        applications for asylum, 
                                        withholding of removal under 
                                        section 241(b)(3), and 
                                        protection under the Convention 
                                        against Torture adjudicated by 
                                        such officers, the rate of 
                                        grants, denials, referrals, and 
                                        otherwise closed applications; 
                                        and
                                            ``(ff) with respect to 
                                        credible fear determinations 
                                        carried out by such officers, 
                                        the rate of positive, negative, 
                                        and otherwise closed 
                                        determinations.''.
    (f) 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), in the first sentence, 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 provide 
        support or evidence to clarify such inconsistencies or 
        omissions.''.

SEC. 105. 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 standards 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 
shall--
            ``(i) be in writing; and
            ``(ii) provide, to the maximum extent practicable, 
        information relating to the reason for the denial.''.

SEC. 106. EMPLOYMENT AUTHORIZATION FOR ASYLUM SEEKERS AND OTHER 
              INDIVIDUALS.

    (a) Asylum Seekers.--Paragraph (2) of section 208(d) of the 
Immigration and Nationality Act (8 U.S.C. 1158(d)) is amended to read 
as follows:
            ``(2) Employment authorization.--
                    ``(A) Eligibility.--The Secretary of Homeland 
                Security shall authorize employment for an applicant 
                for asylum who is not in detention and the application 
                for asylum of whom has not been determined frivolous.
                    ``(B) Application.--An applicant for asylum who is 
                not otherwise eligible for employment authorization 
                shall not be granted such authorization before the date 
                that is 30 days after the date of filing of the 
                application for asylum.
                    ``(C) Term.--Employment authorization for an 
                applicant for asylum shall be--
                            ``(i) for a period of 2 years; and
                            ``(ii) renewable for additional 2-year 
                        periods for the entire continuous period 
                        necessary to adjudicate the asylum claim of the 
                        applicant, including administrative or judicial 
                        review.''.
    (b) Individuals Granted Withholding of Removal.--Section 241(b)(3) 
of the Immigration and Nationality Act (8 U.S.C. 1231(b)(3)) is amended 
by adding at the end the following:
                    ``(D) Employment authorization.--
                            ``(i) Eligibility.--The Secretary of 
                        Homeland Security shall authorize employment 
                        for an alien granted withholding of removal 
                        under this paragraph or deferral of removal 
                        under the Convention against Torture and Other 
                        Cruel, Inhuman or Degrading Treatment or 
                        Punishment, done at New York December 10, 1984.
                            ``(ii) Term.--Employment authorization for 
                        an alien described in clause (i) shall be--
                                    ``(I) for a period of 2 years; and
                                    ``(II) renewable for additional 2-
                                year periods for the duration of such 
                                withholding of removal or deferral of 
                                removal status.''.

SEC. 107. ADMISSION OF REFUGEES AND ASYLEES AS LAWFUL PERMANENT 
              RESIDENTS.

    (a) Asylees.--Section 208(b)(3) of the Immigration and Nationality 
Act (8 U.S.C. 1158(b)(3)), as amended by section 104(d), is further 
amended by adding at the end the following:
                    ``(C) Petition.--An alien granted asylum under this 
                subsection may petition for the same status to be 
                conferred on his or her spouse or child at any time 
                after such alien is granted asylum whether or not such 
                alien has applied for, or been granted, adjustment to 
                permanent resident status under section 209.
                    ``(D) Permanent resident status.--Notwithstanding 
                any numerical limitations under this Act, a spouse or 
                child admitted to the United States as an asylee 
                following to join a spouse or parent previously granted 
                asylum may be regarded as lawfully admitted to the 
                United States for permanent residence as of the date of 
                the admission to the United States of such spouse or 
                child admission to the United States, if admissible 
                under section 209.
                    ``(E) Application for adjustment of status.--A 
                spouse or child who was not admitted to the United 
                States pursuant to a grant of asylum, but who was 
                granted asylum under this subparagraph after his or her 
                arrival as the spouse or child of an alien granted 
                asylum under section 208, may apply for adjustment of 
                status to that of lawful permanent resident under 
                section 209 at any time after being granted asylum.''.
    (b) Refugees.--Section 209 of the Immigration and Nationality Act 
(8 U.S.C. 1159) is amended to read as follows:

``SEC. 209. TREATMENT OF ALIENS ADMITTED AS REFUGEES AND OF ALIENS 
              GRANTED ASYLUM.

    ``(a) In General.--
            ``(1) Treatment of refugee families.--Any alien may be 
        lawfully admitted to the United States for permanent residence 
        at the time of initial admission to the United States if the 
        alien--
                    ``(A) has been approved for admission to the United 
                States--
                            ``(i) under section 207 or 208; or
                            ``(ii) under section 208(b)(3) as the 
                        spouse or child of an alien granted asylum 
                        under section 208(b)(1); and
                    ``(B) is admissible under section 212 (except as 
                otherwise provided in subsections (b) and (c)).
            ``(2) Adjustment of status.--
                    ``(A) In general.--The Secretary of Homeland 
                Security or the Attorney General, in the discretion of 
                the Secretary or the Attorney General, and under such 
                regulations as the Secretary or the Attorney General 
                may prescribe, may adjust, to the status of an alien 
                lawfully admitted to the United States for permanent 
                residence, the status of any alien who, while in the 
                United States--
                            ``(i) is granted--
                                    ``(I) asylum under section 208(b) 
                                (as a principal alien or as the spouse 
                                or child of an alien granted asylum); 
                                or
                                    ``(II) refugee status under section 
                                207 as the spouse or child of a 
                                refugee;
                            ``(ii) applies for such adjustment of 
                        status at any time after being granted asylum 
                        or refugee status;
                            ``(iii) is not firmly resettled in any 
                        foreign country; and
                            ``(iv) is admissible (except as otherwise 
                        provided under subsections (b) and (c)) as an 
                        immigrant under this Act at the time of 
                        examination for adjustment of such alien.
                    ``(B) Applicability.--This paragraph shall apply to 
                any alien lawfully admitted for permanent residence 
                under section 207 or 208 before the date of the 
                enactment of the Refugee Protection Act of 2019.
            ``(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 such alien was 
        granted asylum or refugee status.
    ``(b) Inapplicability of Certain Inadmissibility Grounds to 
Refugees, Aliens Granted Asylum, and Such Aliens Seeking Adjustment of 
Status to Lawful Permanent Resident.--Paragraphs (4), (5), and (7)(A) 
of section 212(a) shall not apply to--
            ``(1) any refugee under section 207;
            ``(2) any alien granted asylum under section 208; or
            ``(3) any alien seeking admission as a lawful permanent 
        resident pursuant to a grant of refugee or asylum status.
    ``(c) Waiver of Inadmissibility or Deportability for Refugees, 
Aliens Granted Asylum, and Such Aliens Seeking Adjustment of Status to 
Lawful Permanent Resident.--
            ``(1) In general.--Except as provided in paragraph (2), the 
        Secretary of Homeland Security or the Attorney General may 
        waive any ground under section 212 or 237 for aliens admitted 
        pursuant to section 207 or 208, or seeking admission as a 
        lawful permanent resident pursuant to subsection (a), if such a 
        waiver is justified by humanitarian purposes, to ensure family 
        unity, or is otherwise in the public interest.
            ``(2) Ineligibility.--Aliens admitted pursuant to section 
        207 or 208, or seeking admission as a lawful permanent resident 
        pursuant to subsection (a), shall be ineligible for a waiver 
        under paragraph (1) if it has been established that the alien 
        is--
                    ``(A) inadmissible under section 212(a)(2)(C) or 
                subparagraph (A), (B), (C), or (E) of section 
                212(a)(3);
                    ``(B) deportable under section 237(a)(2)(A)(iii) 
                for an offense described in section 101(a)(43)(B); or
                    ``(C) deportable under subparagraph (A), (B), (C), 
                or (D) of section 237(a)(4).''.
    (c) Clarification.--Aliens admitted for lawful permanent residence 
pursuant to paragraph (1) of section 209(a) of the Immigration and 
Nationality Act, as amended by subsection (b), or who adjust their 
status pursuant to paragraph (2) of such section, shall be considered 
to be refugees and aliens granted asylum in accordance with sections 
402, 403, 412, and 431 of the Personal Responsibility and Work 
Opportunity Reconciliation Act of 1996 (8 U.S.C. 1612, 1613, 1622, and 
1641).
    (d) Technical and Conforming Amendments.--
            (1) Aliens not subject to direct numerical limitations.--
        Section 201(b)(1)(B) of the Immigration and Nationality Act (8 
        U.S.C. 1151(b)(1)(B)) is amended to read as follows:
                    ``(B) Aliens who are admitted to the United States 
                as permanent residents under section 207 or 208 or 
                whose status is adjusted under section 209.''.
            (2) Training.--Section 207(f)(1) of such Act (8 U.S.C. 
        1157(f)(1)) is amended by striking ``Attorney General'' and 
        inserting ``Secretary of Homeland Security''.
            (3) Fees for adjustment.--Section 208(d)(3) of such Act (8 
        U.S.C. 1158(d)(3)) is amended by striking ``section 209(b)'' 
        and inserting ``section 209(a)(2)''.
            (4) Commonwealth of the northern mariana islands.--Section 
        208(e) of such Act (8 U.S.C. 1158(e)) is amended by striking 
        ``section 209(b)'' and inserting ``section 209(a)(2)''.
            (5) Table of contents.--The table of contents for such Act 
        is amended by striking the item relating to section 209 and 
        inserting the following:

``Sec. 209. Treatment of aliens admitted as refugees and of aliens 
                            granted asylum.''.

           Subtitle B--Protections for Children and Families

SEC. 111. KEEPING FAMILIES TOGETHER.

    (a) Modification of Definition of Child.--Section 101(b)(1) of the 
Immigration and Nationality Act (8 U.S.C. 1101(b)(1)) is amended by--
            (1) in subparagraph (E)(ii), by striking ``; or'' and 
        inserting a semicolon;
            (2) in subparagraph (F)(ii), by striking the period at the 
        end and inserting a semicolon;
            (3) in subparagraph (G)(iii)(III), by striking the period 
        at the end and inserting ``; or''; and
            (4) by adding at the end the following:
                    ``(H)(i) a child under the age of 18 at the time an 
                application is filed to accord a principal alien 
                refugee status--
                            ``(I) who is an orphan because of the death 
                        or disappearance of, abandonment or desertion 
                        by, or separation or loss from, both parents; 
                        or
                            ``(II) for whom the sole or surviving 
                        parent is incapable of providing the proper 
                        care and has, in writing, irrevocably released 
                        the child for emigration and adoption;
                    ``(ii) who has been living in a country of asylum 
                under the care of such principal alien; and
                    ``(iii) for whom the Secretary of Homeland Security 
                is satisfied that proper care will be furnished if the 
                child is admitted to the United States.''.
    (b) Admission of Refugee Families and Timely Adjudication.--
Paragraph (2) of section 207(c) of the Immigration and Nationality Act 
(8 U.S.C. 1157(c)) is amended to read as follows:
    ``(2)(A)(i) Irrespective of the date on which such refugee was 
admitted to the United States, the spouse or a child (as defined in 
section 101(b)(1)) of any refugee, or the parent or de facto guardian 
(as determined by the Secretary of Homeland Security) of such a child 
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) 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, 
parent, or guardian described in clause (i) shall not be charged 
against the numerical limitation established in accordance with the 
appropriate subsection under which the refugee's admission is charged.
    ``(B) 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.
    ``(C) The parent or de facto guardian (as determined by the 
Secretary of Homeland Security) of a refugee child admitted under this 
section and was admitted under the Unaccompanied Refugee Minors program 
(as described in subparagraph (D), (E), or (H) of section 101(b)(1) 
shall be treated in accordance with subparagraph (A) if such parent or 
guardian seeks to follow to join such refugee child and the minor 
consents to being joined by such individual.
    ``(D)(i) Not later than 1 year after the date on which an 
application for refugee status is filed under this paragraph--
            ``(I) required screenings and background checks shall be 
        completed; and
            ``(II) the application shall be adjudicated.
    ``(ii) The adjudication of an application may exceed the timeframe 
under clause (i) only in exceptional circumstances in which additional 
time to process an application is necessary to satisfy national 
security concerns, if the Secretary of Homeland Security has--
            ``(I) made a determination that the applicant meets the 
        requirements for refugee status under this section; and
            ``(II) notified the applicant of such determination.''.
    (c) Treatment of Asylee Families and Timely Adjudication.--Section 
208(b)(3) of the Immigration and Nationality Act (8 U.S.C. 1158(b)(3)), 
as amended by sections 104(d) and 107(a), is further amended--
            (1) in subparagraph (A), by striking ``or following to 
        join, such alien'' and inserting, ``or following to join, such 
        alien, irrespective of the date on which such alien was granted 
        asylum''; and
            (2) by adding at the end the following:
                    ``(F) Children of asylee spouses.--A child (as 
                defined in subparagraph (A), (B), (C), (D), or (E) of 
                section 101(b)(1)) born to the asylee spouse who 
                qualifies for admission under paragraph (A) shall, if 
                not otherwise eligible for asylum under this section, 
                be granted the same status as such asylee spouse if 
                accompanying, or following to join, such asylee spouse.
                    ``(G) Application process.--
                            ``(i) In general.--Not later than 1 year 
                        after the date on which an application for 
                        refugee status is filed under this paragraph--
                                    ``(I) required screenings and 
                                background checks shall be completed; 
                                and
                                    ``(II) the application shall be 
                                adjudicated.
                            ``(ii) Exception.--The adjudication of an 
                        application may exceed the timeframe under 
                        clause (i) only in exceptional circumstances in 
                        which additional time to process an application 
                        is necessary to satisfy national security 
                        concerns, if the Secretary of Homeland Security 
                        has--
                                    ``(I) made a determination that the 
                                applicant meets the requirements for 
                                refugee status under this section; and
                                    ``(II) notified the applicant of 
                                such determination.
                            ``(iii) Prohibition on denials due to 
                        processing delays.--An application for asylum 
                        under this paragraph shall not be denied, in 
                        whole or in part, on the basis that processing 
                        could not be completed within the timeframe 
                        under clause (i).''.

SEC. 112. 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 103, 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), in paragraph (4), as added by 
        section 104(d)(2), by adding at the end the following:
                    ``(C) Applicants under 18 years.--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) Treatment of Spouse, Children, Mother, and Father Seeking 
Asylum.--Section 208(b)(3) of the Immigration and Nationality Act (8 
U.S.C. 1158), as amended by section 104(d), is further amended--
            (1) in the paragraph heading, by striking ``and children'' 
        and inserting ``, children, mothers, and fathers'';
            (2) 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), 
        (E), or (H) of section 101(b)(1)) of an alien, or the mother or 
        father of an alien who is such a child,''; and
            (3) by amending subparagraph (B) to read as follows:
                    ``(B) Continued classification of certain aliens as 
                children.--
                            ``(i) Unmarried aliens.--An unmarried alien 
                        who seeks to accompany, or follow to join, a 
                        mother or father granted asylum under this 
                        subsection, and any child of such unmarried 
                        alien, shall continue to be classified as a 
                        child for purposes of this paragraph and shall 
                        be considered a refugee, if--
                                    ``(I) the alien was younger than 21 
                                years of age on the date on which such 
                                mother or father applied for asylum 
                                under this section; and
                                    ``(II) the alien attained 21 years 
                                of age while such application was 
                                pending.
                            ``(ii) Effect on mothers and fathers.--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 together with the spouse or 
                        child of such mother or father, be considered a 
                        refugee, 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 the following:
            ``(8) Applicability of reinstatement of removal.--Paragraph 
        (5) shall not apply to an alien who--
                    ``(A)(i) reentered the United States illegally 
                after the alien was previously removed or departed 
                voluntarily under an order of removal; and
                    ``(ii) was younger than 18 years of age on the date 
                on which the alien was removed or departed voluntarily 
                under an order of removal;
                    ``(B) demonstrates to the satisfaction of the 
                adjudicator that the basis for seeking asylum developed 
                or amplified after the alien was previously removed or 
                departed voluntarily under an order of removal;
                    ``(C)(i) was removed pursuant to expedited 
                procedures under section 235(b); and
                    ``(ii) demonstrates to the satisfaction of an 
                immigration judge that the expedited removal order was 
                issued without the alien having been offered the 
                opportunity to apply for asylum;
                    ``(D) was issued an order of removal after having 
                been designated under the migrant protection protocols 
                announced by the Secretary of Homeland Security on 
                December 20, 2018 (or any successor protocols);
                    ``(E) was deprived of or denied access to asylum 
                procedures under section 208 solely or primarily as a 
                result of the implementation of the interim final rule 
                of the Department of Homeland Security and the 
                Department of Justice entitled `Aliens Subject to a Bar 
                on Entry Under Certain Presidential Proclamations; 
                Procedures for Protection Claims' (83 Fed. Reg. 55934 
                (November 9, 2019)) or Asylum Eligibility and 
                Procedural Modifications (84 Fed. Reg. 33829); or
                    ``(F) was ordered removed solely or primarily as a 
                result of the implementation of--
                            ``(i) the policy memorandum of the U.S. 
                        Citizenship and Immigration Services entitled 
                        `Guidance for Processing Reasonable Fear, 
                        Credible Fear, Asylum, and Refugee Claims in 
                        Accordance with Matter of A-B-' (PM-602-0162), 
                        dated July 11, 2018;
                            ``(ii) the memorandum of the Office of the 
                        Principal Legal Advisor of U.S. Immigration and 
                        Customs Enforcement entitled `Litigating 
                        Domestic Violence-Based Persecution Claims 
                        Following Matter of A-B-', dated July 11, 2018;
                            ``(iii) Presidential Proclamation 9822, 
                        issued on November 9, 2018 (83 Fed. Reg. 
                        57661); or
                            ``(iv) the policy memorandum of the U.S. 
                        Citizenship and Immigration Services entitled 
                        `Guidance for Implementing Section 235(b)(2)(C) 
                        of the Immigration and Nationality Act and the 
                        Migrant Protection Protocols' (PM-602-0169), 
                        dated January 28, 2019.''.

SEC. 113. 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 to aliens in immigration proceedings;
                    ``(C) at the beginning of the proceedings or as 
                expeditiously as possible, the alien shall 
                automatically receive a complete copy of the alien's 
                Alien File (commonly known as an `A-file') and Form I-
                862 (commonly known as a `Notice to Appear') in the 
                possession of the Department of Homeland Security 
                (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) 
                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 so 
                        redesignated, by striking ``, and'' and 
                        inserting ``; and''; and
                    (B) by adding at the end the following:
            ``(8) Failure to provide required documents to alien.--In 
        the absence of a waiver under paragraph (4)(C), a removal 
        proceeding may not proceed until the alien--
                    ``(A) has received the documents 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'';
                    (B) in subsection (a), as so designated--
                            (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) Appointment of Counsel.--
            ``(1) In general.--The Attorney General may appoint or 
        provide counsel to aliens in any proceeding conducted under 
        section 235(b), 236, 238, 240, or 241 or any other section of 
        this Act.
            ``(2) Access to counsel.--The Secretary of Homeland 
        Security shall facilitate access to counsel for aliens detained 
        inside immigration detention and border facilities in any 
        proceeding conducted under section 235(b), 236, 238, 240, or 
        241.''.
            (3) Appointment of counsel for children and vulnerable 
        individuals.--
                    (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 Individuals.--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;
            ``(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) Authorization of Appropriations.--There is authorized to be 
appropriated to the Executive Office for 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 to Counsel and Legal Orientation.--
            (1) Access to counsel at detention facilities.--The 
        Secretary shall provide access to counsel for all aliens held 
        or detained in--
                    (A) a facility under the supervision of U.S. 
                Immigration and Customs Enforcement, U.S. Customs and 
                Border Protection, or the Department of Health and 
                Human Services; or
                    (B) any private facility that contracts with the 
                Federal Government to house, detain, or hold aliens.
            (2) Access to legal orientation programs.--
                    (A) In general.--The Secretary, in consultation 
                with the Attorney General, shall establish procedures 
                to ensure that legal orientation programs are available 
                for all aliens detained by the Department to inform 
                such aliens of--
                            (i) the basic procedures of immigration 
                        hearings;
                            (ii) the rights of aliens relating to such 
                        hearings under Federal immigration law;
                            (iii) information that may deter such 
                        aliens from filing frivolous legal claims; and
                            (iv) any other information that the 
                        Attorney General considers appropriate, such as 
                        a contact list of potential legal resources and 
                        providers.
                    (B) Access.--Access to legal orientation programs 
                shall not be limited by the alien's current immigration 
                status, prior immigration history, or potential for 
                immigration relief.
                    (C) Role of nongovernmental organizations.--The 
                Secretary, in consultation with the Attorney General, 
                shall enter into 1 or more contracts with 1 or more 
                nongovernmental community-based organizations for the 
                provision of the legal orientation programs under this 
                paragraph.
            (3) Immigration court information help desk.--The Attorney 
        General shall expand the existing Immigration Court Helpdesk 
        pilot program to all detained and nondetained immigration 
        courts.
            (4) Authorization of appropriations.--There is authorized 
        to be appropriated to the Executive Office for Immigration 
        Review of the Department of Justice such sums as may be 
        necessary to carry out this subsection.
    (c) Report on Access to Counsel.--
            (1) Report.--Not later than December 31 of each year, the 
        Secretary, 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, the 
        number and percentage of aliens described in paragraphs (1), 
        (2), and (3), 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--
                    (A) the stage of the legal process at which the 
                alien was represented;
                    (B) whether the alien was in government custody; 
                and
                    (C) the number and percentage of aliens who 
                received legal orientation presentations.

        Subtitle C--Protections for Other Vulnerable Individuals

SEC. 121. MODIFICATION OF PHYSICAL PRESENCE REQUIREMENTS FOR ALIENS 
              ADMITTED IN SPECIAL IMMIGRANT STATUS FOR PERSONS WHO HAVE 
              SERVED AS TRANSLATORS FOR THE ARMED FORCES.

    (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.--A period of 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. 122. 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) Definition of Stateless Person.--In this section, the term 
`stateless person' means an individual who is not a national of any 
state by operation of its law.
    ``(b) 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.
    ``(c) 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)(i) is not inadmissible under paragraph (2) or 
                (3) of section 212(a) based on criminal or national 
                security grounds; and
                    ``(ii) 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) Employment authorization.--The Secretary of Homeland 
        Security may authorize an alien who has applied for and is 
        found prima facie eligible for or has 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 an alien who has been granted 
        lawful conditional resident status under paragraph (1) 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.
    ``(d) 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 (c), 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 (c) 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 1 year after being granted 
                conditional lawful status under subsection (c);
                    ``(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 (c)(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.
    ``(e) Travel Documents.--Upon request, the Secretary of Homeland 
Security shall provide an alien lawfully admitted for permanent 
residence under subsection (d) with a document that facilitates the 
alien's ability to travel abroad and be admitted to the United States 
upon return, if otherwise admissible.
    ``(f) 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 Bureau 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 
                country 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 and the applicant or, as applicable, 
                the applicant's counsel, all available evidence 
                regarding the applicant's legal status in the country 
                of birth or prior residence.
    ``(g) Review.--
            ``(1) Administrative review.--No appeal shall lie from the 
        denial of an application by the Secretary of Homeland Security, 
        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 
                        2019; 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.
    ``(h) Limitations.--
            ``(1) Applicability.--Except under paragraph (5) of 
        subsection (c), 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) except under paragraphs (5) and (6) of 
                subsection (c), 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. 123. PROTECTING VICTIMS OF TERRORISM FROM BEING DEFINED AS 
              TERRORISTS.

    (a) Security and Related Grounds.--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.--Any alien who--
                                    ``(I) has engaged in a terrorist 
                                activity;
                                    ``(II) a consular officer, the 
                                Attorney General, or the Secretary of 
                                Homeland Security knows, or has 
                                reasonable grounds to believe, is 
                                engaged in or is likely to engage after 
                                entry in any terrorist activity (as 
                                defined in clause (iv));
                                    ``(III) has, under circumstances 
                                indicating an intention to cause death 
                                or serious bodily harm, incited 
                                terrorist activity;
                                    ``(IV) is a representative (as 
                                defined in clause (v)) of--
                                            ``(aa) a terrorist 
                                        organization described in 
                                        subclause (I) or (II) of clause 
                                        (vi);
                                            ``(bb) a terrorist 
                                        organization described in 
                                        subclause (III) of such clause, 
                                        and there are reasonable 
                                        grounds for regarding the alien 
                                        as a danger to the security of 
                                        the United States; or
                                            ``(cc) a political, social, 
                                        or other group that endorses or 
                                        espouses terrorist activity;
                                    ``(V) is a member of a terrorist 
                                organization described in subclause (I) 
                                or (II) of clause (vi);
                                    ``(VI) is a member of a terrorist 
                                organization described in clause 
                                (vi)(III), unless the alien can 
                                demonstrate by clear and convincing 
                                evidence that the alien did not know, 
                                and should not reasonably have known, 
                                that the organization was a terrorist 
                                organization, and there are reasonable 
                                grounds for regarding the alien as a 
                                danger to the security of the United 
                                States;
                                    ``(VII) endorses or espouses 
                                terrorist activity or persuades others 
                                to endorse or espouse terrorist 
                                activity or to support a terrorist 
                                organization described in subclause (I) 
                                or (II) of clause (vi);
                                    ``(VIII) 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 
                                described in subclause (I) or (II) of 
                                clause (vi)), or was a terrorist 
                                organization described in subclause 
                                (III) of such clause and there are 
                                reasonable grounds for regarding the 
                                alien as a danger to the security of 
                                the United States; or
                                    ``(IX) is the spouse or child of an 
                                alien who is inadmissible under this 
                                subparagraph, if the activity causing 
                                the alien to be found inadmissible 
                                occurred within the last 5 years,
                        is inadmissible. An alien who is an officer, 
                        official, representative, or spokesman of the 
                        Palestine Liberation Organization is 
                        considered, for purposes of this Act, to be 
                        engaged in a terrorist activity.
                            ``(ii) Exception.--Subclause (IX) of clause 
                        (i) does not apply to a spouse or child--
                                    ``(I) who did not know or should 
                                not reasonably have known of the 
                                activity causing the alien to be found 
                                inadmissible under this section; or
                                    ``(II) who the consular officer or 
                                Attorney General has reasonable grounds 
                                to believe has renounced the activity 
                                causing the alien to be found 
                                inadmissible under this section.
                            ``(iii) Terrorist activity defined.--In 
                        this Act, the term `terrorist activity' means 
                        any activity that is unlawful under the laws of 
                        the place in which 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 that involves any of 
                        the following:
                                    ``(I) The highjacking or sabotage 
                                of any conveyance (including an 
                                aircraft, vessel, or vehicle).
                                    ``(II) 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 carry out or abstain from carrying 
                                out any act as an explicit or implicit 
                                condition for the release of the 
                                individual seized or detained.
                                    ``(III) 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 person.
                                    ``(IV) An assassination.
                                    ``(V) The use, with the intent to 
                                endanger the safety of 1 or more 
                                individuals or to cause substantial 
                                damage to property, of any--
                                            ``(aa) biological agent, 
                                        chemical agent, or nuclear 
                                        weapon or device; or
                                            ``(bb) explosive, firearm, 
                                        or other weapon or dangerous 
                                        device (other than for mere 
                                        personal monetary gain), with 
                                        intent to endanger, directly or 
                                        indirectly, the safety of one 
                                        or more individuals or to cause 
                                        substantial damage to property.
                                    ``(VI) A threat, attempt, or 
                                conspiracy to do any of the foregoing.
                            ``(iv) Engage in terrorist activity 
                        defined.--In this Act, the term `engage in 
                        terrorist activity' means, in an individual 
                        capacity or as a member of an organization--
                                    ``(I) to commit or to incite to 
                                commit, under circumstances indicating 
                                an intention to cause death or serious 
                                bodily injury, a terrorist activity;
                                    ``(II) to prepare or plan a 
                                terrorist activity;
                                    ``(III) to gather information on 
                                potential targets for terrorist 
                                activity;
                                    ``(IV) to solicit funds or other 
                                things of value for--
                                            ``(aa) a terrorist 
                                        activity;
                                            ``(bb) a terrorist 
                                        organization described in 
                                        subclause (I) or (II) of clause 
                                        (vi)(II); or
                                            ``(cc) a terrorist 
                                        organization described in 
                                        subclause (III) of such clause 
                                        (unless the solicitor 
                                        demonstrates by clear and 
                                        convincing evidence that he did 
                                        not know, and should not 
                                        reasonably have known, that the 
                                        organization was a terrorist 
                                        organization) if there are 
                                        reasonable grounds for 
                                        regarding the solicitor as a 
                                        danger to the security of the 
                                        United States;
                                    ``(V) to solicit any individual--
                                            ``(aa) to engage in conduct 
                                        otherwise described in this 
                                        subsection;
                                            ``(bb) for membership in a 
                                        terrorist organization 
                                        described in subclause (I) or 
                                        (II) of clause (vi); or
                                            ``(cc) for membership in a 
                                        terrorist organization 
                                        described in subclause (III) of 
                                        such clause (unless the 
                                        solicitor demonstrates by clear 
                                        and convincing evidence that he 
                                        did not know, and should not 
                                        reasonably have known, that the 
                                        organization was a terrorist 
                                        organization) if there are 
                                        reasonable grounds for 
                                        regarding the solicitor as a 
                                        danger to the security of the 
                                        United States; or
                                    ``(VI) 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 
                                        subclause (I) or (II) of clause 
                                        (vi) or to any member of such 
                                        an organization; or
                                            ``(dd) to a terrorist 
                                        organization described in 
                                        subclause (III) of such clause, 
                                        or to any member of such an 
                                        organization, unless the actor 
                                        can demonstrate by clear and 
                                        convincing evidence that the 
                                        actor did not know, and should 
                                        not reasonably have known, that 
                                        the organization was a 
                                        terrorist organization, if 
                                        there are reasonable grounds 
                                        for regarding the actor as a 
                                        danger to the security of the 
                                        United States.
                            ``(v) Representative defined.--In this 
                        paragraph, the term `representative' includes 
                        an officer, official, or spokesman of an 
                        organization, and any person who directs, 
                        counsels, commands, or induces an organization 
                        or its members to engage in terrorist activity.
                            ``(vi) Terrorist organization defined.--In 
                        this section, the term `terrorist organization' 
                        means an organization--
                                    ``(I) designated under section 219;
                                    ``(II) 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 subclauses (I) through 
                                (VI) of clause (iv); or
                                    ``(III) that is a group of two or 
                                more individuals, whether organized or 
                                not, that engages in, or has a subgroup 
                                that engages in, the activities 
                                described in subclauses (I) through 
                                (VI) of clause (iv).''.
    (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--
                    (A) by striking ``Any alien'' and inserting the 
                following:
                            ``(i) In general.--Any alien''; and
                    (B) by adding at the end the following:
                            ``(ii) Applicability.--Clause (i) shall not 
                        apply to an alien who establishes that the 
                        actions giving rise to inadmissibility under 
                        such clause 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 striking ``Any alien'' and inserting the 
                following:
                            ``(i) In general.--Any alien''; and
                    (B) by adding at the end the following:
                            ``(ii) Applicability.--Clause (i) shall not 
                        apply to an alien who establishes that the 
                        actions giving rise to deportability under such 
                        clause 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. 124. PROTECTION FOR ALIENS INTERDICTED AT SEA.

    (a) In General.--Section 241(b)(3) of the Immigration and 
Nationality Act (8 U.S.C. 1231(b)(3)), as amended by section 106, 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 been 
                                granted a confidential interview by an 
                                asylum officer, in a language the alien 
                                claims to understand, 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), (C), and (D) as 
        subparagraphs (C), (D), and (E), 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 interview 
                                and in a language the alien claims to 
                                understand, information concerning the 
                                alien's interdiction, including the 
                                ability of the alien 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 departure, origin, or 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 who would 
                        be subject to torture, an opportunity to seek 
                        protection in--
                                    ``(I) a country other than the 
                                alien's country of departure, origin, 
                                or 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.''.
    (b) Conforming Amendments.--
            (1) Section 240A(c)(5) of the Immigration and Nationality 
        Act (8 U.S.C. 1229b(c)(5)) is amended by striking ``section 
        241(b)(3)(B)(i)'' and inserting ``section 241(b)(3)(C)(i)''.
            (2) Section 242(b)(4) of the Immigration and Nationality 
        Act (8 U.S.C. 1252(b)(4)) is amended, in the undesignated 
        matter following subparagraph (D), by striking ``241(b)(3)(C)'' 
        and inserting ``241(b)(3)(D)''.

SEC. 125. ENHANCED PROTECTION FOR INDIVIDUALS SEEKING U VISAS, T VISAS, 
              AND PROTECTION UNDER VAWA.

    (a) Employment Authorization for T Visa Applicants.--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 a petition 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 petition for such 
        status is approved; or
            ``(B) a date determined by the Secretary that is not later 
        than 180 days after the date on which such alien filed such 
        petition.''.
    (b) Increased Accessibility and Employment Authorization for U Visa 
Applicants.--Section 214(p) of the Immigration and Nationality Act (8 
U.S.C. 1184(p)) is amended--
            (1) in paragraph (2)(A), by striking ``10,000'' and 
        inserting ``20,000''; and
            (2) in paragraph (6), by striking the last sentence; and
            (3) by adding at the end the following:
            ``(8) Employment 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; or
                    ``(B) a date determined by the Secretary that is 
                not later than 180 days after the date on which such 
                alien filed such application.''.
    (c) Prohibition on Removal of Certain Victims With Pending 
Petitions and Applications.--
            (1) In general.--Section 240 of the Immigration and 
        Nationality Act (8 U.S.C. 1229a) is amended--
                    (A) by redesignating subsection (e) as subsection 
                (f); and
                    (B) by inserting after subsection (d) the 
                following:
    ``(e) Prohibition on Removal of Certain Victims With Pending 
Petitions and Applications.--
            ``(1) In general.--An alien described in paragraph (2) 
        shall not be removed from the United States under this section 
        or any other provision of law until there is a final denial of 
        the alien's application for status after the exhaustion of 
        administrative and judicial review.
            ``(2) Aliens described.--An alien described in this 
        paragraph is an alien who--
                    ``(A) has a pending application or petition under--
                            ``(i) subparagraph (T) or (U) of section 
                        101(a)(15);
                            ``(ii) section 106;
                            ``(iii) section 240A(b)(2); or
                            ``(iv) section 244(a)(3) (as in effect on 
                        March 31, 1997); or
                    ``(B) is a VAWA self-petitioner, as defined in 
                section 101(a)(51), and has a pending application for 
                relief under a provision referred to in any of 
                subparagraphs (A) through (G) of such section.''.
            (2) Conforming amendment.--Section 240(b)(7) of the 
        Immigration and Nationality Act (8 U.S.C. 1229a(b)(7)) is 
        amended by striking ``subsection (e)(1)'' and inserting 
        ``subsection (f)''.
    (d) Prohibition on Detention of Certain Victims With Pending 
Petitions and Applications.--Section 236 of the Immigration and 
Nationality Act (8 U.S.C. 1226) is amended by adding at the end the 
following:
    ``(f) Prohibition on Detention of Certain Victims With Pending 
Petitions and Applications.--
            ``(1) Presumption of release.--
                    ``(A) In general.--Notwithstanding any other 
                provision of this Act, there shall be a presumption 
                that an alien described in paragraph (2) should be 
                released from detention.
                    ``(B) Rebuttal.--The Secretary of Homeland Security 
                may rebut the presumption of release based on clear and 
                convincing evidence, including credible and 
                individualized information, that--
                            ``(i) the use of alternatives to detention 
                        will not reasonably ensure the appearance of 
                        the alien at removal proceedings; or
                            ``(ii) the alien is a threat to another 
                        person or the community.
                    ``(C) Pending criminal charge.--A pending criminal 
                charge against an alien may not be the sole factor to 
                justify the continued detention of the alien.
            ``(2) Alien described.--An alien described in this 
        paragraph is an alien who--
                    ``(A) has a pending application under--
                            ``(i) subparagraph (T) or (U) of section 
                        101(a)(15);
                            ``(ii) section 106;
                            ``(iii) section 240A(b)(2); or
                            ``(iv) section 244(a)(3) (as in effect on 
                        March 31, 1997); or
                    ``(B) is a VAWA self-petitioner, as defined in 
                section 101(a)(51), and has a pending petition for 
                relief under a provision referred to in any of 
                subparagraphs (A) through (G) of such section.''.

Subtitle D--Protections Relating to Removal, Detention, and Prosecution

SEC. 131. PREVENTION OF ERRONEOUS IN ABSENTIA ORDERS OF REMOVAL.

    (a) Written Record of Address.--Section 239(a) of the Immigration 
and Nationality Act (8 U.S.C. 1229(a)) is amended--
            (1) in paragraph (1)(F), by inserting ``the Secretary of 
        Homeland Security or'' before ``the Attorney General'' each 
        place such term appears; and
            (2) in paragraph (2)(A) by striking ``the alien or to the 
        alien's counsel of record'' and inserting ``the alien and to 
        the alien's counsel of record.''.
    (b) Removal in Absentia and Rescission of Removal Orders.--Section 
240(b) of the Immigration and Nationality Act (8 U.S.C. 1229a(b)) is 
amended--
            (1) in paragraph (5)--
                    (A) by amending subparagraph (A) to read as 
                follows--
                    ``(A) Removal in absentia.--
                            ``(i) In general.--Any alien who, after a 
                        proceeding under this section is rescheduled by 
                        an immigration judge due to the alien's failure 
                        to attend such proceeding, and written notice 
                        required under paragraph (1) or (2) of section 
                        239(a) has been provided to the alien and the 
                        alien's counsel of record, does not attend a 
                        proceeding under this section, may be ordered 
                        removed in absentia if the Department of 
                        Homeland Security establishes by clear, 
                        unequivocal, and convincing evidence that--
                                    ``(I) sufficient written notice was 
                                so provided;
                                    ``(II) the alien is removable; and
                                    ``(III) in the case of an alien 
                                required to periodically report to the 
                                Department of Homeland Security, the 
                                alien has demonstrated a pattern of 
                                failing to report.
                            ``(ii) Sufficient notice.--The written 
                        notice by the Secretary of Homeland Security or 
                        the Attorney General shall be considered 
                        sufficient for purposes of this subparagraph 
                        if--
                                    ``(I) the notice includes--
                                            ``(aa) the accurate date, 
                                        time, and court location at 
                                        which the alien is required to 
                                        appear; and
                                            ``(bb) the date on which 
                                        the notice was issued;
                                    ``(II) the notice is provided at 
                                the most recent complete physical 
                                address provided under section 239(a); 
                                and
                                    ``(III) the certificate of service 
                                for the notice indicates that oral 
                                notice and a recitation of the 
                                consequences of failure to appear were 
                                provided--
                                            ``(aa) in the native 
                                        language of the alien; or
                                            ``(bb) in a language the 
                                        alien understands.''; and
                    (B) by amending paragraph (C) to read as follows:
                    ``(C) Rescission of order.--
                            ``(i) In general.--Such an order may be 
                        rescinded only--
                                    ``(I) upon a motion to reopen filed 
                                at any time after the date of the order 
                                of removal if the alien demonstrates 
                                that the failure to appear was because 
                                of exceptional circumstances;
                                    ``(II) upon a motion to reopen 
                                filed at any time if the alien 
                                demonstrates that the alien did not 
                                receive notice in accordance with 
                                paragraph (1) or (2) of section 239(a) 
                                or the alien demonstrates that the 
                                alien was in Federal or State custody 
                                and the failure to appear was through 
                                no fault of the alien;
                                    ``(III) in the case of an alien who 
                                is a minor child, upon a motion to 
                                reopen filed at any time; or
                                    ``(IV) upon a motion to reopen 
                                filed at any time if the alien has a 
                                pending application for asylum, 
                                withholding of removal, or protection 
                                under the Convention against Torture 
                                and Other Cruel, Inhuman or Degrading 
                                Treatment or Punishment, done at New 
                                York December 10, 1984, or demonstrates 
                                that he or she has a credible claim to 
                                any such protection.
                            ``(ii) Stay of removal.--The filing of the 
                        motion to reopen described in clause (i) shall 
                        stay the removal of the alien pending 
                        disposition of the motion by the immigration 
                        judge.''; and
            (2) by adding at the end the following:
            ``(8) Check-in history.--Before an immigration judge 
        conducts a proceeding under this section, the Secretary of 
        Homeland Security shall report to the immigration judge the 
        extent to which the alien has complied with any requirement to 
        report periodically the whereabouts of the alien to the 
        Secretary of Homeland Security.''.

SEC. 132. SCOPE AND STANDARD FOR REVIEW OF REMOVAL ORDERS.

    Section 242(b) of the Immigration and Nationality Act (8 U.S.C. 
1252(b)) is amended--
            (1) in paragraph (1)--
                    (A) by striking ``The petition'' and inserting the 
                following:
                    ``(A) In general.--The petition''; and
                    (B) by adding at the end the following:
                    ``(B) Prohibition on removal.--An 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.''.
            (2) by striking paragraph (4) and inserting the following:
            ``(4) Scope and standard for review.--
                    ``(A) In general.--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.
                    ``(B) Decision based on administrative record.--The 
                court of appeals shall decide the petition based solely 
                on the administrative record on which the order of 
                removal is based.
                    ``(C) Availability of review.--
                            ``(i) In general.--The court of appeals 
                        shall maintain jurisdiction to review 
                        discretionary determinations arising in a claim 
                        for asylum.
                            ``(ii) Jurisdiction over denials.--
                        Notwithstanding section 242(a)(2)(C), the court 
                        of appeals shall maintain jurisdiction to 
                        review all denials of requests for withholding 
                        of removal under to 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.''.

SEC. 133. PRESUMPTION OF LIBERTY FOR ASYLUM SEEKERS.

    (a) Custody Determination.--
            (1) Initial determination.--
                    (A) In general.--With respect to an alien who has 
                expressed fear of returning to his or her home country 
                or an intent to apply for asylum in the United States, 
                the Secretary shall make an initial written custody 
                determination with respect to the alien and provide the 
                determination to the alien not later than 48 hours 
                after, as applicable--
                            (i) the Secretary takes the alien into 
                        custody; or
                            (ii) in the case of an alien already in the 
                        custody of the Secretary, the alien expresses 
                        such fear or intent.
                    (B) Least restrictive conditions.--A custody 
                determination under this paragraph shall impose the 
                least restrictive conditions if the Secretary 
                determines that the release of an alien--
                            (i) will not reasonably ensure the 
                        appearance of the alien as required; or
                            (ii) will endanger the safety of any other 
                        person or the community.
                    (C) Applicability.--This paragraph shall not apply 
                to unaccompanied alien children (as defined in section 
                462(g) of the Homeland Security Act of 2002 (6 U.S.C. 
                279g)).
            (2) Presumption of release.--
                    (A) In general.--In a hearing under this 
                subsection, there shall be a presumption that the alien 
                should be released.
                    (B) Rebuttal.--The Secretary may rebut the 
                presumption of release based on clear and convincing 
                evidence, including credible and individualized 
                information, that--
                            (i) the use of alternatives to detention, 
                        including release on recognizance or on a 
                        reasonable bond, will not reasonably ensure the 
                        appearance of the alien at removal proceedings; 
                        or
                            (ii) the alien is a threat to another 
                        person or the community.
                    (C) Pending criminal charge.--A pending criminal 
                charge against an alien may not be the sole factor to 
                justify the continued detention of the alien.
                    (D) Evidence of identity.--The inability of an 
                alien to reasonably provide government-issued evidence 
                of identity, including the inability of the alien to 
                contact the government of the country of nationality of 
                the alien so as not to alert such government of the 
                whereabouts of the alien, may not be the sole factor to 
                justify the continued detention of the alien.
                    (E) Pre-existing community ties.--A lack of pre-
                existing community ties in the United States shall not 
                preclude the release of an alien.
    (b) Least Restrictive Conditions Required.--
            (1) In general.--If the Secretary or an immigration judge 
        determines, pursuant to a hearing under this section, that the 
        release of an alien will not reasonably ensure the appearance 
        of the alien as required or will endanger the safety of any 
        other person or the community, the Secretary or the immigration 
        judge shall order the least restrictive conditions or 
        combination of conditions that the Secretary or judge 
        determines will reasonably ensure the appearance of the alien 
        and the safety of any other person and the community, which may 
        include--
                    (A) release on recognizance;
                    (B) secured or unsecured release on bond; or
                    (C) participation in a program described in 
                subsection (d).
            (2) Monthly review.--Any condition assigned to an alien 
        under paragraph (1) shall be reviewed by an immigration judge 
        on a monthly basis.
    (c) Special Rule for Vulnerable Persons and Primary Caregivers.--
            (1) In general.--In the case that the alien who is the 
        subject of a custody determination under this section is a 
        vulnerable person or a primary caregiver, the alien may not be 
        detained unless the Secretary demonstrates, in addition to the 
        requirements under subsection (a)(2), that it is unreasonable 
        or not practicable to place the individual in a community-based 
        supervision program.
            (2) Definitions.--In this subsection:
                    (A) Material witness.--The term ``material 
                witness'' means an individual who presents a 
                declaration to an attorney investigating, prosecuting, 
                or defending the workplace claim or from the presiding 
                officer overseeing the workplace claim attesting that, 
                to the best of the declarant's knowledge and belief, 
                reasonable cause exists to believe that the testimony 
                of the individual will be relevant to the outcome of 
                the workplace claim.
                    (B) Primary caregiver.--The term ``primary 
                caregiver'' means a person who is established to be a 
                caregiver, parent, or close relative caring for or 
                traveling with a child.
                    (C) Vulnerable person.--The term ``vulnerable 
                person'' means an individual who--
                            (i) is under 21 years of age or over 60 
                        years of age;
                            (ii) is pregnant;
                            (iii) identifies as lesbian, gay, bisexual, 
                        transgender, or intersex;
                            (iv) is a victim or witness of a crime;
                            (v) has filed a nonfrivolous civil rights 
                        claim in Federal or State court;
                            (vi) has filed, or is a material witness 
                        to, a bonafide workplace claim;
                            (vii) has a serious mental or physical 
                        illness or disability;
                            (viii) has been determined by an asylum 
                        officer in an interview conducted under section 
                        235(b)(1)(B) to have a credible fear of 
                        persecution or torture;
                            (ix) has limited English language 
                        proficiency and is not provided access to 
                        appropriate and meaningful language services in 
                        a timely fashion; or
                            (x) has been determined by an immigration 
                        judge or the Secretary of Homeland Security to 
                        be experiencing severe trauma or to be a 
                        survivor of torture or gender-based violence, 
                        based on information obtained during intake, 
                        from the alien's attorney or legal service 
                        provider, or through credible self-reporting.
                    (D) Workplace claim.--The term ``workplace claim'' 
                means any written or oral claim, charge, complaint, or 
                grievance filed with, communicated to, or submitted to 
                the employer, a Federal, State, or local agency or 
                court, or an employee representative related to the 
                violation of applicable Federal, State, and local labor 
                laws, including laws concerning wages and hours, labor 
                relations, family and medical leave, occupational 
                health and safety, civil rights, or nondiscrimination.
    (d) Alternatives to Detention.--
            (1) In general.--The Secretary shall establish programs 
        that provide alternatives to detaining aliens, which shall 
        offer a continuum of supervision mechanisms and options, 
        including community-based supervision programs and community 
        support.
            (2) Contracts with nongovernmental organizations.--The 
        Secretary shall contract with nongovernmental community-based 
        organizations to provide services for programs under paragraph 
        (1), including case management services, appearance assistance 
        services, and screenings of detained aliens.
            (3) Individualized determination required.--
                    (A) In general.--In determining whether to order an 
                alien to participate in a program under this 
                subsection, the Secretary or an immigration judge, as 
                applicable, shall make an individualized determination 
                with respect to the appropriate level of supervision 
                for the alien.
                    (B) Limitation.--Participation in a program under 
                this subsection may not be ordered for an alien for 
                whom it is determined that release on reasonable bond 
                or recognizance--
                            (i) will reasonably ensure the appearance 
                        of the alien as required; and
                            (ii) will not pose a threat to any other 
                        person or the community.
    (e) Regular Review of Custody Determinations and Conditions of 
Release.--
            (1) Timing.--In the case of an alien who seeks to challenge 
        the initial custody determination under subsection (a)(1), not 
        later than 72 hours after the initial custody determination, 
        the alien shall be provided with the opportunity for a hearing 
        before an immigration judge to determine whether the alien 
        should be detained.
            (2) Subsequent determinations.--An alien who is detained 
        under this section shall be provided with a de novo custody 
        determination hearing under this subsection--
                    (A) every 60 days; and
                    (B) on a showing of--
                            (i) changed circumstances; or
                            (ii) good cause for such a hearing.

SEC. 134. 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 (8 
        U.S.C. 1225(b)(1)(A)) shall be accompanied by a recording of 
        the interview that 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 a designee of the 
        Secretary, 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 to 
        Congress a report 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. 135. INSPECTIONS BY IMMIGRATION OFFICERS.

    Section 235(a)(3) of the Immigration and Nationality Act (8 U.S.C. 
1225(a)(3)) is amended--
            (1) by striking ``All aliens'' and inserting the following:
                    ``(A) In general.--All aliens;''; and
            (2) by adding at the end the following:
                    ``(B) Prohibition.--An immigration officer may not 
                turn back, instruct to return at a later time, refuse 
                to inspect, or otherwise reject in any manner 
                whatsoever an applicant for admission at a port of 
                entry who indicates--
                            ``(i) an intent to apply for asylum under 
                        section 208; or
                            ``(ii) a fear of persecution.''.

SEC. 136. STUDY ON EFFECT ON ASYLUM CLAIMS OF EXPEDITED REMOVAL 
              PROVISIONS, PRACTICES, AND PROCEDURES.

    (a) Study.--
            (1) In general.--The Commission shall conduct a study to 
        determine whether immigration officers are engaging in conduct 
        described in paragraph (2).
            (2) Conduct described.--The conduct described in this 
        paragraph is the following:
                    (A) Improperly encouraging an alien to withdraw or 
                retract an asylum claim.
                    (B) Incorrectly failing to refer an alien for an 
                interview by an asylum officer to determine whether the 
                alien has a credible fear of persecution, including 
                failing to record the expression of an alien of fear of 
                persecution or torture.
                    (C) Incorrectly removing an alien to a country in 
                which the alien may be persecuted.
                    (D) Detaining an alien improperly or under 
                inappropriate conditions.
                    (E) Improperly separating a family unit after a 
                member of the family unit has expressed a credible fear 
                of persecution.
                    (F) Improperly referring 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), the Commission 
shall submit to the appropriate committees of Congress a report 
describing the results of the study.
    (c) Staffing.--
            (1) Agency employees.--
                    (A) Identification.--The Commission may identify 
                employees of the Department of Homeland Security, the 
                Department of Justice, and the Government 
                Accountability Office who 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 the employees 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)(B) 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.
    (d) Definitions.--In this section:
            (1) Appropriate committees of congress.--The term 
        ``appropriate committees of Congress'' means--
                    (A) the Committee on Homeland Security and 
                Governmental Affairs, the Committee on the Judiciary, 
                and the Committee on Foreign Relations of the Senate; 
                and
                    (B) the Committee on Homeland Security, the 
                Committee on the Judiciary, and the Committee on 
                Foreign Affairs of the House of Representatives.
            (2) Commission.--The term ``Commission'' means the United 
        States Commission on International Religious Freedom.
            (3) Credible fear of persecution.--The term ``credible fear 
        of persecution'' has the meaning given the term in section 
        235(b)(1)(B)(v) of the Immigration and Nationality Act (8 
        U.S.C. 1225(b)(1)(B)(v)).
            (4) 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--
                    (A) are apprehended after entering the United 
                States;
                    (B) may be eligible to apply for asylum under 
                section 208 of that Act (8 U.S.C. 1158); or
                    (C) may have a credible fear of persecution.

SEC. 137. ALIGNMENT WITH REFUGEE CONVENTION OBLIGATIONS BY PROHIBITING 
              CRIMINAL PROSECUTION OF REFUGEES.

    (a) In General.--An alien who has expressed a credible or 
reasonable fear of persecution, filed an application for asylum, 
withholding of removal, or protection under the Convention against 
Torture and Other Cruel, Inhumane or Degrading Treatment or Punishment, 
done at New York December 10, 1984, or expressed an intent to file such 
an application, may not be prosecuted under section 275(a) or 276(a) of 
the Immigration and Nationality Act (8 U.S.C. 1325(a), 1326(a)) until 
the earlier of--
            (1) the date on which any such application has been finally 
        adjudicated and denied, including any appeals of such denial; 
        or
            (2) in the case of an alien who expresses an intent to file 
        such an application, the date on which any applicable time 
        limitation for the filing of such an application under section 
        208 of such Act has ended with an application being filed.
    (b) Affirmative Defense.--If an alien is prosecuted under section 
275(a) or 276(a) of the Immigration and Nationality Act (8 U.S.C. 
1325(a) and 1326(a)) in violation of subsection (a), it shall be a 
defense that the alien has expressed a credible or reasonable fear of 
persecution, has filed an application for asylum or another form of 
protection, and such application has not been finally adjudicated and 
denied, including any appeals of such denial.
    (c) Treaty Obligations.--In accordance with the treaty obligations 
of the United States under Article 31 of the Convention Relating to the 
Status of Refugees, done at Geneva July 28, 1951 (as made applicable by 
the Protocol Relating to the Status of Refugees, done at New York 
January 31, 1967 (19 UST 6223)), an alien who has been granted asylum 
or withholding of removal under the Immigration and Nationality Act (8 
US.C. 1101 et seq.) may not be prosecuted under section 275(a) or 
276(a) of that Act (8 U.S.C. 1325(a) and 1326(a)).

                    Subtitle E--Refugee Resettlement

SEC. 141. PRIORITIZATION OF FAMILY REUNIFICATION IN REFUGEE 
              RESETTLEMENT PROCESS.

    (a) In General.--The Secretary of State shall prioritize the cases 
of persons referred by the United Nations High Commissioner for 
Refugees, groups of special humanitarian concern to the United States 
under subsection (a)(1) of section 207 of the Immigration and 
Nationality Act (8 U.S.C. 1157), and refugees seeking reunification 
with relatives living in the United States, regardless of the 
nationality of such refugees.
    (b) Regulations.--
            (1) In general.--The Secretary of State, in consultation 
        with the Secretary of Homeland Security, shall promulgate 
        regulations to ensure that an individual seeking admission to 
        the United States as a refugee shall not be excluded from being 
        interviewed for refugee status based on--
                    (A) a close family relationship to a citizen or 
                lawful permanent resident of the United States;
                    (B) a potential qualification of the individual for 
                an immigrant visa; or
                    (C) a pending application by the individual for 
                admission to the United States.
            (2) Simultaneous consideration.--The regulations 
        promulgated under paragraph (1) shall ensure that an applicant 
        for admission as a refugee is permitted to pursue 
        simultaneously admission to the United States--
                    (A) as a refugee; and
                    (B) under any visa category for which the applicant 
                may be eligible.
    (c) Notice of Separate Travel.--In the case of an applicant for 
admission under section 207 of the Immigration and Nationality Act (8 
U.S.C. 1157) the application of whom is placed on hold for more than 
three months and one or more members of the family of the applicant 
have separate pending applications for admission under such section, 
the Secretary of Homeland Security shall--
            (1) notify any individual on that case who is eligible to 
        travel separately of the option to separate the case of the 
        individual from the family unit; and
            (2) permit the individual to travel based on the 
        satisfaction by the individual of all security and other 
        requirements for a refugee application.
    (d) Use of Embassy Referrals.--
            (1) In general.--The Secretary of State shall set forth a 
        plan to ensure that each United States embassy and consulate is 
        equipped and enabled to refer individuals in need of 
        resettlement to the United States refugee admissions program.
            (2) Training.--The Secretary of State shall undertake 
        training for embassy personnel to ensure that each embassy and 
        consulate has sufficient knowledge and expertise to carry out 
        this paragraph.

SEC. 142. NUMERICAL GOALS FOR ANNUAL REFUGEE ADMISSIONS.

    Section 207 of the Immigration and Nationality Act (8 U.S.C. 1157) 
is amended--
            (1) in subsection (a)--
                    (A) by striking paragraph (1);
                    (B) by redesignating paragraphs (2) and (4) as 
                paragraphs (1) and (6), respectively;
                    (C) in paragraph (1), as so redesignated--
                            (i) by inserting (A) before ``Except as 
                        provided'';
                            (ii) by striking ``after fiscal year 
                        1982'';
                            (iii) by striking ``is justified'' and all 
                        that follows through ``interest.'' and 
                        inserting ``is--
                            ``(i) justified by humanitarian concerns or 
                        otherwise in the national interest; and
                            ``(ii) not less than 95,000.''; and
                            (iv) by adding at the end the following--
                    ``(B) If the President does not issue a 
                determination under this paragraph before the beginning 
                of a fiscal year, the number of refugees who may be 
                admitted under this section shall be 95,000.
            ``(2) Each officer of the Federal Government responsible 
        for refugee admissions or refugee resettlement shall treat a 
        determination under paragraph (1) and subsection (b) as the 
        numerical goals for refugee admissions under this section for 
        the applicable fiscal year.'';
                    (D) by inserting after paragraph (3) the following:
            ``(4) In making a determination under paragraph (1), the 
        President shall consider the number of refugees who, during the 
        calendar year beginning immediately after the beginning of the 
        applicable fiscal year, are in need of resettlement in a third 
        country, as determined by the United Nations High Commissioner 
        for Refugees in the most recently published projected global 
        resettlement needs report.
            ``(5) The President shall determine regional allocations 
        for admissions under this subsection, that--
                    ``(A) shall consider the projected needs identified 
                by the United Nations High Commissioner for Refugees in 
                the projected global resettlement needs report for the 
                calendar year beginning immediately after the beginning 
                of the applicable fiscal year; and
                    ``(B) shall include an unallocated reserve that the 
                Secretary of State, after notifying the Committee on 
                the Judiciary of the Senate and the Committee on the 
                Judiciary of the House of Representatives, may use for 
                1 or more regions in which the need for additional 
                refugee admissions arises.'';
                    (E) in paragraph (6), as so redesignated, by 
                striking ``(beginning with fiscal year 1992)''; and
                    (F) by adding at the end the following:
            ``(7) 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 applicable fiscal year.''; 
        and
            (2) by adding at the end the following:
    ``(g) Quarterly Reports on Admissions.--Not later than 15 days 
after the last day of each quarter, the President shall submit to the 
Committee on the Judiciary of the Senate and the Committee on the 
Judiciary of the House of Representatives a report that includes the 
following:
            ``(1) Refugees admitted.--
                    ``(A) The number of refugees admitted to the United 
                States during the preceding quarter.
                    ``(B) The number of refugees admitted to the United 
                States during the preceding quarter, expressed as a 
                percentage of the number of refugees authorized to be 
                admitted in accordance with the determinations under 
                subsections (a) and (b) for the applicable fiscal year.
                    ``(C) The cumulative number of refugees admitted to 
                the United States during the applicable fiscal year, as 
                of the last day of the preceding quarter.
                    ``(D) The number of refugees to be admitted to the 
                United States during the remainder of the applicable 
                fiscal year so as to achieve the numerical goals set 
                forth in the determinations under subsections (a) and 
                (b) for such fiscal year.
                    ``(E) The number of refugees from each region 
                admitted to the United States during the preceding 
                quarter, expressed as a percentage of the allocation 
                for each region under subsection (a)(5) for the 
                applicable fiscal year.
            ``(2) Aliens with security advisory opinions.--
                    ``(A) The number of aliens, by nationality, for 
                whom a Security Advisory Opinion has been requested who 
                were security-cleared during the preceding quarter, 
                expressed as a percentage of all cases successfully 
                adjudicated by the Director of U.S. Citizenship and 
                Immigration Services in the applicable fiscal year.
                    ``(B) The number of aliens, by nationality, for 
                whom a Security Advisory Opinion has been requested who 
                were admitted to the United States during the preceding 
                quarter.
            ``(3) Circuit rides.--
                    ``(A) For the preceding quarter--
                            ``(i) the number of Refugee Corps officers 
                        deployed on circuit rides, expressed as a 
                        percentage of the overall number of Refugee 
                        Corps officers;
                            ``(ii) the number of individuals 
                        interviewed--
                                    ``(I) on each circuit ride; and
                                    ``(II) at each circuit ride 
                                location;
                            ``(iii) the number of circuit rides; and
                            ``(iv) for each circuit ride--
                                    ``(I) the duration of the circuit 
                                ride;
                                    ``(II) the average number of 
                                interviews conducted daily on the 
                                circuit ride; and
                                    ``(III) the percentages of 
                                interviews conducted for--
                                            ``(aa) individuals who 
                                        require Security Advisory 
                                        Opinions; and
                                            ``(bb) individuals who do 
                                        not require Security Advisory 
                                        Opinions.
                    ``(B) For the subsequent quarter--
                            ``(i) the number of circuit rides 
                        scheduled; and
                            ``(ii) the number of circuit rides planned.
            ``(4) Processing.--For the preceding quarter--
                    ``(A) the average number of days between--
                            ``(i) the date on which an individual is 
                        identified by the United States Government as a 
                        refugee; and
                            ``(ii) the date on which such individual is 
                        interviewed by the Secretary of Homeland 
                        Security;
                    ``(B) the average number of days between--
                            ``(i) the date on which an individual 
                        identified by the United States Government as a 
                        refugee is interviewed by the Secretary of 
                        Homeland Security; and
                            ``(ii) the date on which such individual is 
                        admitted to the United States; and
                    ``(C) with respect to individuals identified by the 
                United States Government as refugees who have been 
                interviewed by the Secretary of Homeland Security, the 
                approval, denial, and hold rates for the applications 
                for admission of such individuals, by nationality.
            ``(5) Plan and additional information.--
                    ``(A) A plan that describes the procedural or 
                personnel changes necessary to ensure the admission of 
                the number of refugees authorized to be admitted to the 
                United States in accordance with determinations under 
                subsections (a) and (b), including a projection of the 
                number of refugees to be admitted to the United States 
                each month so as to achieve the numerical goals set 
                forth in such determinations.
                    ``(B) Additional information relating to the pace 
                of refugee admissions, as determined by the President.
    ``(h) Rule of Construction.--Nothing in this section may be 
construed--
            ``(1) to inhibit the expeditious processing of refugee and 
        asylum applications;
            ``(2) to restrict the authority of the Secretary of 
        Homeland Security to admit aliens to the United States under 
        any other Act; or
            ``(3) to prevent the executive branch from increasing the 
        numerical goal of refugee admissions or regional allocations 
        based on emerging or identified resettlement needs during and 
        throughout the fiscal year.''.

SEC. 143. REFORM OF REFUGEE ADMISSIONS CONSULTATION PROCESS.

    Section 207(e) of the Immigration and Nationality Act (8 U.S.C. 
1157(e)) is amended--
            (1) by redesignating paragraphs (1) through (7) as 
        subparagraphs (A) through (G), respectively;
            (2) in the matter preceding subparagraph (A), as so 
        redesignated--
                    (A) by inserting ``(1)'' after ``(e)''; and
                    (B) 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'';
            (3) in the undesignated matter following subparagraph (G), 
        as so redesignated, by striking ``To the extent possible,'' and 
        inserting the following:
    ``(2) To the extent possible''; and
            (4) 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 of 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. 144. DESIGNATION OF CERTAIN GROUPS OF REFUGEES FOR RESETTLEMENT 
              AND ADMISSION OF REFUGEES IN EMERGENCY SITUATIONS.

    (a) Admission of Emergency Situation Refugees.--Section 207(c) of 
the Immigration and Nationality Act (8 U.S.C. 1157(c)), as amended by 
section 111(b), is further amended--
            (1) by striking the subsection designation and all that 
        follows through ``immigrant under this Act.'' in paragraph (1) 
        and inserting the following:
    ``(c)(1)(A) Subject to the numerical established pursuant to 
subsections (a) and (b), the Secretary of Homeland Security may, in the 
Secretary's discretion and pursuant to such regulations as the 
Secretary may prescribe, admit any refugee who is not firmly resettled 
in any foreign country, is determined to be of special humanitarian 
concern to the United States, and is admissible (except as provided 
under subsection (b) and (c) of section 209) as an immigrant under this 
Act. Notwithstanding any numerical limitations specified in this Act, 
any alien admitted under this paragraph shall be regarded as lawfully 
admitted to the United States for permanent residence as of the date of 
such alien's admission to the United States.
    ``(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--
                            ``(AA) persecution on account of race, 
                        religion, nationality, membership in a 
                        particular social group, or political opinion; 
                        or
                            ``(BB) 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 the 
Foreign Operations, Export Financing, and Related Programs 
Appropriations Act, 1990 (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 2019; and
            ``(II) shall be eligible for designation thereafter at the 
        discretion of the President.
    ``(v) The admission of an alien 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 provision of this 
        Act upon which such denial is based, including--
                    ``(aa) the facts underlying the determination; and
                    ``(bb) whether there is a waiver of inadmissibility 
                available to the alien.'';
            (2) by striking paragraph (3); and
            (3) by redesignating paragraph (4) as paragraph (3).
    (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. 145. REFUGEE RESETTLEMENT; RADIUS REQUIREMENTS.

    The Bureau of Population, Refugees, and Migration shall not require 
a refugee to be resettled within a prescribed radius of a refugee 
resettlement office.

SEC. 146. STUDY AND REPORT ON CONTRIBUTIONS BY REFUGEES TO THE UNITED 
              STATES.

    (a) In General.--Not later than 2 years after the date of the 
enactment of this Act, and not less frequently than every 5 years 
thereafter, the Comptroller General of the United States shall conduct 
a study on the economic, social, and other contributions that refugees 
make to the United States.
    (b) Matters To Be Included.--The study conducted under subsection 
(a) shall include the following:
            (1) An assessment of economic contributions made by 
        refugees, including--
                    (A) during the first year, 5 years, 10 years, and 
                20 years following the arrival of a refugee in the 
                United States--
                            (i) a description of industries in which 
                        the most refugees work;
                            (ii) an analysis of the economic and 
                        spending power of refugees;
                            (iii) the rate of home ownership of 
                        refugees;
                            (iv) the estimated net amount of revenue 
                        refugees contribute to the United States, as 
                        compared to the cost of government benefits 
                        accessed by refugees; and
                            (v) the estimated gross amount of taxes 
                        refugees contribute;
                    (B) the estimated rate of entrepreneurship of 
                refugees during the first year, 5 years, 10 years, and 
                20 years after the arrival of a refugee;
                    (C) the number of jobs created by refugee 
                businesses; and
                    (D) the labor markets for which refugees fill 
                critical gaps.
            (2) An assessment of the rate of refugee self-sufficiency 
        and a description of unmet needs and outcomes, including--
                    (A) the manner in which the Office of Refugee 
                Resettlement defines self-sufficiency;
                    (B) an assessment as to whether such definition is 
                adequate in addressing refugee needs in the United 
                States;
                    (C) an analysis of the unmet needs and outcomes of 
                refugees; and
                    (D) an evaluation of the budgetary resources of the 
                Office of Refugee Resettlement and a projection of the 
                amount of additional resources necessary to fully 
                address the unmet needs of refugees and all other 
                populations within the mandate of the Office of Refugee 
                Resettlement, with respect to self-sufficiency.
            (3) Recommendations on ways in which the Office of Refugee 
        Resettlement may improve the rate of self-sufficiency, 
        outcomes, and the domestic refugee program with respect to the 
        matters assessed under paragraphs (1) and (2).
    (c) Report.--Not later than 30 days after date on which a study 
under subsection (a) is completed, the Comptroller General shall submit 
to Congress a report that describes the results of the study.

SEC. 147. UPDATE OF RECEPTION AND PLACEMENT GRANTS.

    (a) In General.--Beginning with fiscal year 2020, 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 of 
State plans to provide to national resettlement agencies in reception 
and placement grants during the following fiscal year.
    (b) Requirements.--In setting the amount of such grants, the 
Secretary of State shall ensure that--
            (1) the grant amount for each fiscal year is adjusted to 
        provide adequately for the anticipated initial resettlement 
        needs of refugees, including adjusting the amount for inflation 
        and the cost of living;
            (2) a sufficient portion of such amount is provided at the 
        beginning of the fiscal year to each national resettlement 
        agency to ensure adequate local and national capacity to serve 
        the initial resettlement needs of the number of refugees the 
        Secretary of State anticipates each such resettlement agency 
        will resettle during the fiscal year; and
            (3) additional amounts are provided to each national 
        resettlement agency promptly on the arrival of refugees that, 
        exclusive of the amounts provided under 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. 148. 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 
        data analysis, collection, and sharing activities of the Office 
        of Refugee Resettlement.
            ``(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 with respect to 
        refugees arriving with Class A medical conditions and other 
        urgent medical needs. In collecting information under this 
        paragraph, the Assistant Secretary shall use initial refugee 
        health screening data (including any history of severe trauma, 
        torture, mental health symptoms, depression, anxiety, and post 
        traumatic stress disorder) recorded during domestic and 
        international health screenings, and data on the rate of use of 
        refugee medical assistance.
            ``(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 rent apartments or 
                houses and who own condominiums or houses; and
                    ``(ii) the number of refugees who have become 
                homeless and the number at severe risk of becoming 
                homeless.
            ``(D)(i) Beginning on the fifth year after arrival of a 
        refugee and every 5 years thereafter until the end of the 20th 
        year after arrival, the Assistant Secretary shall, to the 
        extent practicable, gather longitudinal information relating to 
        refugee self-sufficiency and economic contributions to the 
        United States including employment status, earnings and 
        advancement.
            ``(ii) The longitudinal study shall consider additional 
        factors related to self-sufficiency and integration, including 
        family self-sufficiency and caretaking, barriers to and 
        opportunities for integration of the children of refugees and 
        their descendants, and elderly resettled refugees.
            ``(E) Not less frequently than annually, the Assistant 
        Secretary shall--
                    ``(i) update the data collected under this 
                paragraph;
                    ``(ii) submit to Congress a report on such data; 
                and
                    ``(iii) not later than 270 days after the end of 
                the fiscal year following the year for which the data 
                was collected, make the data available to the public on 
                the website of the Office of Refugee Resettlement.''.

SEC. 149. 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, projections on 
                regional allocations, and information on the nature of 
                incoming refugees and other populations, such as 
                demographics, case management or medical needs, 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) in the first sentence, 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 to Congress a 
        report that describes the findings of the assessment, including 
        a list of States and localities experiencing departures and 
        arrivals due to secondary migration, likely reasons for 
        migration, the impact of secondary migration on States 
        receiving secondary migrants, availability of social services 
        for secondary migrants in such States, and unmet needs of those 
        secondary migrants.''.
    (c) Assistance Made Available to Secondary Migrants.--Section 
412(a)(1) of the Immigration and Nationality Act (8 U.S.C. 1522(a)(1)) 
is amended by adding at the end the following:
            ``(C) In 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 the Immigration and Nationality Act (8 U.S.C. 
1522(b)(4)(B)) is amended by inserting ``requiring specialized care or 
preparation before the arrival of such refugees in the United States, 
or'' after ``medical conditions''.
    (e) Legal Assistance for Refugees and Asylees.--Section 
412(c)(1)(A) of the Immigration and Nationality Act (8 U.S.C. 
1522(c)(1)(A)) is amended--
            (1) in clause (ii), by striking ``and'' at 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 the refugees in obtaining 
                        immigration benefits for which the refugees are 
                        eligible; and''.
    (f) Notice and Rulemaking.--Not later than 90 days after the date 
of the 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. 150. 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 clause (i) of 
        section 402(a)(2)(M) 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, 2020.

SEC. 151. UNITED STATES EMERGENCY REFUGEE RESETTLEMENT CONTINGENCY 
              FUND.

    (a) Establishment.--There is established in the Treasury of the 
United States a fund, to be known as the ``Domestic Emergency Refugee 
Resettlement Contingency Fund'' (referred to in this section as the 
``Fund''), to be administered by the Director of the Office of Refugee 
Resettlement (referred to in this section as the ``Director'') for the 
purpose described in subsection (b) and to remain available until 
expended.
    (b) Purpose.--Amounts from the Fund shall be used to enable the 
Director to operate programs and carry out efforts and initiatives to 
respond to urgent, unanticipated, or underfunded refugee and entrant 
assistance activities under--
            (1) the Immigration and Nationality Act (8 U.S.C. 1101 et 
        seq.);
            (2) section 602(b) of the Afghan Allies Protection Act of 
        2009 (Public Law 111-8; 8 U.S.C. 1101 note);
            (3) section 501 of the Refugee Education Assistance Act of 
        1980 (Public Law 96-422; 8 U.S.C. 1522 note);
            (4) the Torture Victims Relief Act of 1998 (Public Law 105-
        320; 22 U.S.C. 2152 note);
            (5) the Trafficking Victims Protection Act of 2000 (22 
        U.S.C. 7101 et seq.); or
            (6) section 1244 of the Refugee Crisis in Iraq Act of 2007 
        (Public Law 110-181; 122 Stat. 396).
    (c) Use of Funds.--Amounts from the Fund--
            (1) shall be subject to the same limitations set forth in 
        title V of division B of the Department of Defense and Labor, 
        Health and Human Services, and Education Appropriations Act, 
        2019 (Public Law 115-245) as are applicable to funds 
        appropriated for the Department of Health and Human Services 
        under such Act; and
            (2) may only be used for initiatives that--
                    (A) replenish any previously appropriated funds 
                that have been reprogrammed, transferred, or withheld 
                from programs, projects, or activities that serve 
                refugees and entrants under the authorities described 
                in subsection (b);
                    (B) stabilize existing programs, projects, and 
                activities that serve such refugees and entrants by 
                augmenting funds previously appropriated to serve such 
                refugees and entrants;
                    (C) identify unmet resettlement or integration 
                needs of such refugees and entrants and implement 
                solutions for such needs; and
                    (D) meet such other needs as the Director considers 
                appropriate, consistent with the purpose under 
                subsection (b).
            (3) Protection from reprogramming.--Notwithstanding any 
        other provision of law, none of the amounts deposited into or 
        made available from the Fund may be transferred, reprogrammed, 
        or otherwise made available for any purpose or use not 
        specified in this section.
    (d) Availability of Funds.--Amounts in the Fund shall be available 
to the Director of the Office of Refugee Resettlement to meet the 
purpose described in subsection (b) in the national interest of the 
United States, as determined by the Director.
    (e) Authorization of Appropriations.--
            (1) In general.--Subject to paragraph (2), there is 
        authorized to be appropriated to the Director from time to time 
        such amounts as may be necessary for the Fund to carry out the 
        purpose described in subsection (b).
            (2) Limitation.--No amount of funds may be appropriated 
        that, when added to amounts previously appropriated but not yet 
        obligated, would cause such amount to exceed $200,000,000.
            (3) Justification to congress.--The President shall provide 
        to the appropriate committees of Congress a justification for 
        each request for appropriations under this section.

                  Subtitle F--Miscellaneous Provision

SEC. 161. AUTHORIZATION OF APPROPRIATIONS.

    There are authorized to be appropriated such sums as may be 
necessary to carry out this title, including, in addition to annual 
funds derived from fee accounts of U.S. Citizenship and Immigration 
Services, such sums as may be necessary to reduce the backlog of asylum 
applications to the Refugee, Asylum and International Operations 
Directorate.

  TITLE II--REFUGEE AND ASYLUM SEEKER PROCESSING IN WESTERN HEMISPHERE

SEC. 201. EXPANSION OF REFUGEE AND ASYLUM SEEKER PROCESSING.

    (a) Strengthening Processing and Adjudication Capacity.--
            (1) In general.--The Secretary of State, in consultation 
        with the Secretary, shall collaborate with international 
        partners, including the United Nations High Commissioner for 
        Refugees, to support and strengthen the domestic capacity of 
        countries in the Western Hemisphere--
                    (A) to process and accept refugees for 
                resettlement; and
                    (B) to adjudicate asylum claims.
            (2) Support and technical assistance.--The Secretary of 
        State, in consultation with the Secretary, shall provide 
        support and technical assistance to countries in the Western 
        Hemisphere to help such countries--
                    (A) expand and improve their capacity to identify, 
                process, and adjudicate refugee claims, adjudicate 
                applications for asylum, or otherwise accept refugees 
                referred for resettlement by the United Nations High 
                Commissioner for Refugees or host nations, including by 
                increasing the number of refugee and asylum officers 
                (as defined in section 235(b)(1)(E) of the Immigration 
                and Nationality Act (8 U.S.C. 1225(b)(1)(E))) who are 
                trained in the relevant legal standards for 
                adjudicating claims for protection;
                    (B) establish and expand safe and secure refugee 
                reception centers to facilitate the safe and orderly 
                movement of individuals and families seeking 
                international protection;
                    (C) improve national refugee and asylum 
                registration systems to ensure that any person seeking 
                refugee status, asylum, or other humanitarian 
                protections--
                            (i) receives due process and meaningful 
                        access to existing humanitarian protections;
                            (ii) is provided with adequate information 
                        about his or her rights, including the right to 
                        seek protection;
                            (iii) is properly screened for security, 
                        including biographic and biometric capture; and
                            (iv) receives appropriate documents to 
                        prevent fraud and ensure freedom of movement 
                        and access to basic social services; and
                    (D) develop the capacity to conduct best interest 
                determinations for unaccompanied children with 
                international protection needs to ensure that--
                            (i) such children are properly registered; 
                        and
                            (ii) their claims are appropriately 
                        considered.
    (b) Diplomatic Engagement and Coordination.--The Secretary of 
State, in coordination with the Secretary, as appropriate, shall--
            (1) carry out diplomatic engagement to secure commitments 
        from governments to resettle refugees from Central America; and
            (2) take all necessary steps to ensure effective 
        cooperation among governments resettling refugees from Central 
        America.

SEC. 202. STRENGTHENING REGIONAL HUMANITARIAN RESPONSES.

    The Secretary of State, in consultation with the Secretary, and in 
coordination with international partners, including the United Nations 
High Commissioner for Refugees, shall support and coordinate with the 
government of each country hosting a significant population of refugees 
and asylum seekers from El Salvador, Guatemala, and Honduras--
            (1) to establish and expand temporary shelter and shelter 
        network capacity to meet the immediate protection and 
        humanitarian needs of refugees and asylum seekers, including 
        shelters for families, women, unaccompanied children, and other 
        vulnerable populations;
            (2) to deliver to refugees and asylum seekers humanitarian 
        assistance that--
                    (A) is sensitive to gender identity and sexual 
                orientation, trauma, and age; and
                    (B) includes access to accurate information, legal 
                representation, education, livelihood opportunities, 
                cash assistance, mental and physical health care, and 
                other services;
            (3) to establish and expand sexual, gender-based, intimate 
        partner, and intra-family violence prevention, recovery, and 
        humanitarian programming;
            (4) to fund national and community humanitarian 
        organizations in humanitarian response; and
            (5) to support local integration initiatives to help 
        refugees and asylum seekers rebuild their lives and contribute 
        in a meaningful way to the local economy in their host country.

SEC. 203. INFORMATION CAMPAIGN ON DANGERS OF IRREGULAR MIGRATION.

    (a) In General.--The Secretary of State, in consultation with the 
Secretary, shall design and implement public information campaigns in 
El Salvador, Guatemala, and Honduras--
            (1) to disseminate information about the potential dangers 
        of travel to the United States;
            (2) to provide accurate information about United States 
        immigration law and policy; and
            (3) to provide accurate information about the availability 
        of asylum and other humanitarian protections in countries in 
        the Western Hemisphere.
    (b) Elements.--To the greatest extent possible, the information 
campaigns implemented pursuant to subsection (a)--
            (1) shall be targeted at regions with high rates of 
        violence, high levels of out-bound migration, or significant 
        populations of internally displaced persons;
            (2) shall use local languages;
            (3) shall employ a variety of communications media; and
            (4) shall be developed in consultation with program 
        officials at the Department of Homeland Security, the 
        Department of State, and other government, nonprofit, or 
        academic entities in close contact with migrant populations 
        from El Salvador, Guatemala, and Honduras, including 
        repatriated migrants.

SEC. 204. REPORTING REQUIREMENT.

    Not later than 90 days after the date of the enactment of this Act, 
the Secretary of State, in consultation with the Secretary, shall 
submit a report describing the plans of the Secretary of State to 
assist in developing the refugee and asylum processing capabilities 
described in this title to--
            (1) the Committee on the Judiciary of the Senate;
            (2) the Committee on Foreign Relations of the Senate;
            (3) the Committee on Appropriations of the Senate;
            (4) the Committee on the Judiciary of the House of 
        Representatives;
            (5) the Committee on Foreign Affairs of the House of 
        Representatives; and
            (6) the Committee on Appropriations of the House of 
        Representatives.

SEC. 205. IDENTIFICATION, SCREENING, AND PROCESSING OF REFUGEES AND 
              OTHER INDIVIDUALS ELIGIBLE FOR LAWFUL ADMISSION TO THE 
              UNITED STATES.

    (a) Designated Processing Centers.--
            (1) In general.--Not later than 90 days after the date of 
        the enactment of this Act, the Secretary of State, in 
        consultation with the Secretary, shall enter into agreements 
        for the Secretary to establish designated processing centers 
        for--
                    (A) registering, screening, and processing refugees 
                and other eligible individuals in North America and 
                Central America; and
                    (B) resettling or relocating such individuals to 
                the United States or to other countries.
            (2) Locations.--Not fewer than 1 designated processing 
        center shall be established in a safe and secure location 
        identified by the United States and the host government in--
                    (A) El Salvador;
                    (B) Guatemala;
                    (C) Honduras;
                    (D) Mexico;
                    (E) Costa Rica; and
                    (F) any other country that the Secretary of State 
                determines can accept and process requests and 
                applications under this title, including any country in 
                North America or Central America that is hosting 
                significant numbers of refugees or other displaced 
                individuals.
    (b) Assistant Director of Regional Processing.--
            (1) In general.--The Director of U.S. Citizenship and 
        Immigration Services shall appoint an Assistant Director of 
        Regional Processing, who shall oversee the establishment and 
        operation of all designated processing centers.
            (2) Duties.--The Assistant Director of Regional Processing, 
        in coordination with the Secretary and the Director of U.S. 
        Citizenship and Immigration Services, shall--
                    (A) coordinate with the Secretary of State and the 
                host country to ensure that each designated processing 
                center is safe, secure, and reasonably accessible to 
                the public to facilitate the registration, screening, 
                and processing of individuals under this title;
                    (B) establish standard operating procedures for the 
                registration, screening, and processing of individuals 
                under this title;
                    (C) oversee the administration of the procedures 
                established pursuant to subparagraph (B); and
                    (D) carry out other duties and powers prescribed by 
                the Director of U.S. Citizenship and Immigration 
                Services.
    (c) Personnel.--
            (1) Refugee officers and related personnel.--The Secretary, 
        in consultation with the Director of U.S. Citizenship and 
        Immigration Services and the Assistant Director of Regional 
        Processing, shall ensure that sufficient numbers of refugee 
        officers and other personnel are assigned to each designated 
        processing center to fulfill the requirements under this title.
            (2) Support personnel.--The Secretary and the Attorney 
        General shall hire and assign sufficient personnel to ensure 
        that all security and law enforcement background checks 
        required under this title are completed not later than 180 days 
        after a relevant application is submitted, absent exceptional 
        circumstances.
    (d) Operations.--
            (1) In general.--Each designated processing center 
        established pursuant to subsection (a)(2) shall commence 
        operations not later than 270 days after the date of the 
        enactment of this Act, absent extraordinary circumstances.
            (2) Productivity.--The Secretary, in coordination with the 
        Secretary of State, shall--
                    (A) monitor the activities of each designated 
                processing center; and
                    (B) establish metrics and criteria for evaluating 
                the productivity of each designated processing center.
            (3) Continuing operations.--Each designated processing 
        center--
                    (A) shall remain in operation for not less than 5 
                fiscal years; and
                    (B) shall continue operating until the Secretary 
                determines, in consultation with the Secretary of 
                State, and using the metrics and criteria established 
                pursuant to paragraph (2)(B), that the designated 
                processing center has failed to maintain sufficient 
                productivity for at least 4 consecutive calendar 
                quarters.
            (4) Registration.--Each designated processing center shall 
        receive and register individuals seeking to apply for benefits 
        under this title.
            (5) Intake.--Consistent with this title, registered 
        individuals shall be assessed to determine the benefits for 
        which they may be eligible, including--
                    (A) refugee resettlement pursuant to the Central 
                American Refugee Program described in section 206;
                    (B) the Central American Minors Program described 
                in section 207; and
                    (C) the Central American Family Reunification 
                Parole Program described in section 208.
            (6) Expedited processing.--The Secretary may grant 
        expedited processing of applications and requests under this 
        title in emergency situations, for humanitarian reasons, or if 
        other circumstances warrant expedited treatment.
    (e) Congressional Reports.--Not later than January 31 of the first 
fiscal year immediately following the conclusion of the fiscal year 
during which the first designated processing center commences 
operations, and every January 31 thereafter, the Secretary, in 
consultation with the Secretary of State, shall submit a report to the 
Committee on the Judiciary of the Senate, the Committee on Foreign 
Relations of the Senate, the Committee on the Judiciary of the House of 
Representatives, and the Committee on Foreign Affairs of the House of 
Representatives that identifies, with respect to each designated 
processing center during the previous fiscal year--
            (1) the number of individuals who were registered, 
        screened, and processed for benefits under this title;
            (2) the number of benefits requests that were approved; and
            (3) the number of benefits requests that were denied.

SEC. 206. CENTRAL AMERICAN REFUGEE PROGRAM.

    (a) In General.--
            (1) Minimum annual number of central american refugees.--In 
        addition to any refugees designated for admission under section 
        207 of the Immigration and Nationality Act (8 U.S.C. 1157), in 
        each of fiscal years 2020, 2021, 2022, 2023, and 2024, not 
        fewer than 100,000 nationals of El Salvador, Guatemala, or 
        Honduras shall be admitted into the United States under this 
        section.
            (2) Eligibility.--Any alien described in paragraph (1) 
        shall be admitted under this section if--
                    (A) the alien registers at a designated processing 
                center on or before September 30, 2024; and
                    (B) the Secretary of State, in consultation with 
                the Secretary, determines that the alien is admissible 
                as a refugee of special humanitarian concern to the 
                United States in accordance with this section.
    (b) Initial Processing.--
            (1) In general.--Any alien who, while registering at a 
        designated processing center, expresses a fear of persecution 
        or an intention to apply for refugee status may apply for 
        refugee resettlement under this section. Each applicant who 
        files a completed application shall be referred to a refugee 
        officer for further processing in accordance with this section.
            (2) Submission of biographic and biometric data.--An 
        applicant described in paragraph (1) shall submit biographic 
        and biometric data in accordance with procedures established by 
        the Assistant Director of Regional Processing appointed 
        pursuant to section 205(b), who shall provide an alternative 
        procedure for applicants who are unable to provide all required 
        biographic and biometric data due to a physical or mental 
        impairment.
            (3) Background checks.--The Assistant Director of Regional 
        Processing shall utilize biometric, biographic, and other 
        appropriate data to conduct security and law enforcement 
        background checks of applicants to determine whether there is 
        any criminal, national security, or other ground that would 
        render the applicant ineligible for admission as a refugee 
        under section 207 of the Immigration and Nationality Act (8 
        U.S.C. 1157).
            (4) Orientation.--The Assistant Director of Regional 
        Processing shall provide prospective applicants for refugee 
        resettlement with information on applicable requirements and 
        legal standards. All orientation materials, including 
        application forms and instructions, shall be made available in 
        English and Spanish.
            (5) International organizations.--The Secretary of State, 
        in consultation with the Secretary, shall enter into agreements 
        with international organizations, including the United Nations 
        High Commissioner for Refugees, to facilitate the processing 
        and preparation of case files for applicants under this 
        section.
    (c) Adjudication of Applications.--
            (1) In general.--Not later than 60 days after the date on 
        which an applicant is referred for further processing pursuant 
        to subsection (b)(1), the applicant shall be interviewed by a 
        refugee officer, who shall determine whether the applicant is a 
        refugee of special humanitarian concern to the United States 
        (as defined in paragraph (5)).
            (2) Decision.--Not later than 14 days after the date on 
        which an applicant is interviewed under paragraph (1), the 
        refugee officer shall issue a written decision regarding the 
        application.
            (3) Approval of application.--If a refugee officer approves 
        an application under this section, the applicant shall be 
        processed for resettlement to the United States as a refugee in 
        accordance with section 207 of the Immigration and Nationality 
        Act (8 U.S.C. 1157). The security and law enforcement 
        background checks required under subsection (b)(3) shall be 
        completed, to the satisfaction of the Assistant Director of 
        Regional Processing, before the date on which an approved 
        applicant may be admitted to the United States.
            (4) Denial of application.--If the refugee officer denies 
        an application under this section, the officer shall include a 
        reasoned, written explanation for the denial and refer the 
        applicant for a determination of eligibility for other benefits 
        under this title in accordance with section 205(d)(5). An 
        applicant who has been denied status as a refugee of special 
        humanitarian concern under this section may request review of 
        such decision by a supervisory refugee officer not later than 
        30 days after the date of such denial. The supervisory refugee 
        officer shall issue a final written decision not later than 30 
        days after such request for review.
            (5) Refugee of special humanitarian concern.--In this 
        section, the term ``refugee of special humanitarian concern to 
        the United States'' means any individual who, in his or her 
        country of nationality has suffered (or in the case of an 
        individual who remains in his or her country of nationality, 
        has a well-founded fear of suffering)--
                    (A) domestic, sexual, or other forms of gender-
                based violence, including forced marriage and 
                persecution based on sexual orientation or gender 
                identity;
                    (B) violence, extortion, or other forms of 
                persecution (including forced recruitment) committed by 
                gangs or other organized criminal organizations;
                    (C) a severe form of trafficking in persons; or
                    (D) other serious human rights abuses.
            (6) Spouses and minor children.--The spouse or child of any 
        applicant who qualifies for admission under section 207(c) of 
        the Immigration and Nationality Act (8 U.S.C. 1157(c)) shall be 
        granted the same status as the applicant if accompanying or 
        following to join such applicant, in accordance with such 
        section.
            (7) Refugee status.--An individual who is admitted to the 
        United States as a refugee of special humanitarian concern to 
        the United States under this section shall enjoy the same 
        rights and privileges, and shall be subject to the same grounds 
        for termination of refugee status, as provided in sections 207 
        and 209 of the Immigration and Nationality Act (8 U.S.C. 1157 
        and 1159).
            (8) Fees.--No fee shall be imposed for the filing, 
        processing, or adjudication of an application under this 
        section.
    (d) Optional Referral to Other Countries.--
            (1) In general.--Notwithstanding subsection (b), an 
        applicant for refugee resettlement under this section may be 
        referred to another country for the processing of the 
        applicant's refugee claim if--
                    (A) another country agrees to immediately process 
                the applicant's refugee claim in accordance with the 
                terms and procedures of a bilateral agreement under 
                paragraph (2); and
                    (B) the applicant lacks substantial ties to the 
                United States as defined in paragraph (3) or requests 
                resettlement to a country other than the United States.
            (2) Bilateral agreements for referral of refugees.--
                    (A) In general.--Subject to subparagraph (B), the 
                Secretary of State, in consultation with the Secretary, 
                shall enter into bilateral agreements with other 
                countries for the referral, processing, and 
                resettlement of individuals who--
                            (i) register at a designated processing 
                        center; and
                            (ii) seek to apply for refugee resettlement 
                        under this section.
                    (B) Limitation.--Agreements required under 
                subparagraph (A) may only be entered into with 
                countries that have the demonstrated capacity--
                            (i) to accept and adjudicate applications 
                        for refugee status and other forms of 
                        international protection; and
                            (ii) to resettle refugees consistent with 
                        obligations under the United Nations Convention 
                        Relating to the Status of Refugees, done at 
                        Geneva July 28, 1951, as made applicable by the 
                        Protocol Relating to the Status of Refugees, 
                        done at New York January 31, 1967 (19 UST 
                        6223).
                    (C) International organizations.--The Secretary of 
                State, in consultation with the Secretary, shall enter 
                into agreements with international organizations, 
                including the United Nations High Commissioner for 
                Refugees, to facilitate the referral, processing, and 
                resettlement of individuals covered under this 
                paragraph.
            (3) Defined term.--In this subsection, an individual has 
        ``substantial ties to the United States'' if the individual--
                    (A) has a spouse, parent, son, daughter, sibling, 
                grandparent, aunt, or uncle who resides in the United 
                States;
                    (B) can demonstrate previous residence in the 
                United States for not less than 2 years; or
                    (C) can otherwise demonstrate substantial ties to 
                the United States, as defined by the Secretary.
    (e) Emergency Relocation Coordination.--
            (1) In general.--The Secretary of State, in consultation 
        with the Secretary, shall enter into bilateral or multilateral 
        agreements with other countries in the Western Hemisphere to 
        establish safe and secure emergency transit centers for 
        individuals who--
                    (A) register at a designated processing center;
                    (B) face an imminent risk of harm; and
                    (C) require temporary placement in a safe location, 
                pending a final decision on an application under this 
                section.
            (2) Consultation requirement.--Agreements required under 
        paragraph (1)--
                    (A) shall be developed in consultation with the 
                United Nations High Commissioner for Refugees; and
                    (B) shall conform to international humanitarian 
                standards.
    (f) Expansion of Refugee Corps.--Not later than 60 days after the 
date of the enactment of this Act, and subject to the availability of 
amounts provided in advance in appropriation Acts, the Secretary shall 
appoint such additional refugee officers as may be necessary to carry 
out this section.

SEC. 207. CENTRAL AMERICAN MINORS PROGRAM.

    (a) Special Immigrants.--Section 101(a)(27) of the Immigration and 
Nationality Act (8 U.S.C. 1101(a)(27)) is amended--
            (1) in subparagraph (L)(iii), by inserting a semicolon at 
        the end;
            (2) in subparagraph (M), by striking the period at the end 
        and inserting ``; or''; and
            (3) by adding at the end the following:
                    ``(N) an immigrant (and any of his or her children 
                who are accompanying or following to join such 
                immigrant) who is--
                            ``(i) a national of El Salvador, Honduras, 
                        or Guatemala;
                            ``(ii) an unmarried child of an individual 
                        who is lawfully present in the United States;
                            ``(iii) otherwise eligible to receive an 
                        immigrant visa; and
                            ``(iv) otherwise admissible to the United 
                        States (excluding the grounds of 
                        inadmissibility specified in section 
                        212(a)(4)).''.
    (b) Numerical Limitations.--
            (1) In general.--The total number of aliens described in 
        section 101(a)(27)(N) of the Immigration and Nationality Act, 
        as added by subsection (a)(3), who may be granted special 
        immigrant status under this section may not exceed 10,000 
        during any of the 5 consecutive fiscal years beginning with the 
        fiscal year during which the first designated processing center 
        commences operations.
            (2) Exclusion from numerical limitations.--Aliens granted 
        special immigrant status under this section shall not be 
        counted against any numerical limitation under section 201, 
        202, or 203 of the Immigration and Nationality Act (8 U.S.C. 
        1151 et seq.).
            (3) Carry forward.--If the numerical limitation described 
        in paragraph (1) is not reached during any fiscal year, the 
        numerical limitation under such paragraph for the following 
        fiscal year shall be increased by a number equal to the 
        difference between--
                    (A) the total number of aliens who may be granted 
                special immigrant status under this section during the 
                first fiscal year; and
                    (B) the number of aliens who were granted such 
                special immigrant status during the first fiscal year.
    (c) Petitions.--If an alien is determined to be eligible for 
special immigrant status pursuant to an assessment under section 
205(d)(5), the alien, or a parent or legal guardian of the alien, may 
submit a petition for special immigrant status under this section at a 
designated processing center.
    (d) Adjudication.--
            (1) In general.--If an alien who submits a completed 
        petition under subsection (c) is determined to be eligible for 
        special immigrant status under section 101(a)(27)(N) of the 
        Immigration and Nationality Act, as added by subsection (a)(3), 
        the Secretary, shall grant such status to such alien.
            (2) Deadline.--Absent exceptional circumstances, petitions 
        submitted under this section shall be adjudicated not later 
        than 180 days after the date on which they are submitted at a 
        designated processing center.
            (3) Applicants under prior program.--
                    (A) In general.--The Secretary of Homeland Security 
                shall deem an application filed under the Central 
                American Minors Refugee Program, established on 
                December 1, 2014, and terminated on August 16, 2017, 
                and which was not the subject of a final disposition 
                before January 31, 2018, to be a petition filed under 
                this section.
                    (B) Notification.--The Secretary shall--
                            (i) promptly notify all relevant parties of 
                        the conversion of applications described in 
                        subparagraph (A) into special immigrant 
                        petitions under this section; and
                            (ii) provide instructions for withdrawing 
                        such petitions to such parties if the alien no 
                        longer desires the requested relief.
                    (C) Deadline.--Absent exceptional circumstances, 
                the Secretary shall make a final determination on each 
                petition described in subparagraph (A) that is not 
                withdrawn pursuant to subparagraph (B)(ii) not later 
                than 180 days after the date of the enactment of this 
                Act.
            (4) Biometrics and background checks.--
                    (A) Submission of biometric and biographic data.--
                Petitioners for special immigrant status under this 
                section shall submit biometric and biographic data in 
                accordance with procedures established by the Assistant 
                Director of Regional Processing. The Assistant Director 
                shall provide an alternative procedure for applicants 
                who are unable to provide all of the required biometric 
                data due to a physical or mental impairment.
                    (B) Background checks.--The Assistant Director 
                shall utilize biometric, biographic, and other 
                appropriate data to conduct security and law 
                enforcement background checks of petitioners to 
                determine whether there is any criminal, national 
                security, or other ground that would render the 
                applicant ineligible for special immigrant status under 
                this section.
                    (C) Completion of background checks.--The security 
                and law enforcement background checks required under 
                subparagraph (B) shall be completed, to the 
                satisfaction of the Assistant Director, before the date 
                on which a petition for special immigrant status under 
                this section may be approved.

SEC. 208. CENTRAL AMERICAN FAMILY REUNIFICATION PAROLE PROGRAM.

    (a) In General.--If an alien is determined to be eligible for 
parole under subsection (b) pursuant to an assessment under section 
205(d)(5)--
            (1) the designated processing center shall accept a 
        completed application for parole filed by the alien, or on 
        behalf of the alien by a parent or legal guardian of the alien; 
        and
            (2) the Secretary shall grant parole to the alien, in 
        accordance with section 212(d)(5) of the Immigration and 
        Nationality Act (8 U.S.C. 1182(d)(5)).
    (b) Eligibility.--An alien shall be eligible for parole under this 
subsection if the alien--
            (1) is a national of El Salvador, Guatemala, or Honduras;
            (2) is the beneficiary of an approved immigrant visa 
        petition under section 203(a) of the Immigration and 
        Nationality Act (8 U.S.C. 1153(a));
            (3) does not have an immigrant visa; and
            (4) expects to obtain an immigrant visa not later than 5 
        years after the date on which the alien registers with a 
        designated processing center.
    (c) Application and Adjudication.--
            (1) In general.--An alien described in subsection (b) may 
        submit an application for parole under this section during the 
        90-day period beginning on the date on which the alien is 
        determined to be eligible for parole pursuant to an assessment 
        under section 205(d)(5).
            (2) Adjudication deadlines.--Absent exceptional 
        circumstances, applications submitted under this section shall 
        be adjudicated not later than 180 days after the date of 
        submission.
            (3) Biometrics and background checks.--
                    (A) Submission of biometric and biographic data.--
                Applicants for parole under this section shall submit 
                biometric and biographic data in accordance with 
                procedures established by the Assistant Director of 
                Regional Processing. The Assistant Director shall 
                provide an alternative procedure for applicants who are 
                unable to provide all required biometric data due to a 
                physical or mental impairment.
                    (B) Background checks.--The Assistant Director of 
                Regional Processing shall utilize biometric, 
                biographic, and other appropriate data to conduct 
                security and law enforcement background checks of 
                applicants to determine whether there is any criminal, 
                national security, or other ground that would render 
                the applicant ineligible for parole under this section.
                    (C) Completion of background checks.--The security 
                and law enforcement background checks required under 
                subparagraph (B) shall be completed to the satisfaction 
                of the Assistant Director before the date on which an 
                application for parole may be approved.
            (4) Approval.--Each designated processing center shall 
        issue appropriate travel documentation to aliens granted parole 
        under this section. Such aliens shall present such 
        documentation to U.S. Customs and Border Protection personnel 
        at a port of entry for parole into the United States not later 
        than 120 days after such documentation is issued.

SEC. 209. INFORMATIONAL CAMPAIGN; CASE STATUS HOTLINE.

    (a) Informational Campaign.--The Secretary shall implement an 
informational campaign, in English and Spanish, in the United States, 
El Salvador, Guatemala, and Honduras to increase awareness of the 
provisions set forth in this title.
    (b) Case Status Hotline.--Not later than 90 days after the date of 
the enactment of this Act, the Secretary shall establish a case status 
hotline providing confidential processing information on pending cases.

               TITLE III--SPECIAL IMMIGRANT VISA PROGRAMS

SEC. 301. IMPROVEMENT OF THE DIRECT ACCESS PROGRAM FOR U.S.-AFFILIATED 
              IRAQIS.

    (a) In General.--Section 1243 of the Refugee Crisis in Iraq Act of 
2007 (8 U.S.C. 1157 note) is amended by adding at the end the 
following:
    ``(g) Improved Application Process.--
            ``(1) In general.--Not later than 180 days after the date 
        of the enactment of the Refugee Protection Act of 2019, the 
        Secretary of State and the Secretary of Homeland Security shall 
        improve the efficiency by which applications for status as a 
        refugee of special humanitarian concern under this section are 
        processed to ensure that all steps under the control of the 
        United States Government incidental to the approval of such 
        applications, including required screenings and background 
        checks, are completed not later than 5 years after the date on 
        which an eligible applicant submits an application under 
        subsection (a).
            ``(2) Exception.--Notwithstanding paragraph (1), the United 
        States Refugee Admission Program may take additional time to 
        process applications described in paragraph (1) if satisfaction 
        of national security concerns requires such additional time, 
        provided that the Secretary of Homeland Security, or his or her 
        designee, has determined that the applicant meets the 
        requirements for status as a refugee of special humanitarian 
        concern under this section and has notified the applicant of 
        such fact.
            ``(3) Reporting requirements.--
                    ``(A) In general.--Not later than 180 days after 
                the date of enactment of the Refugee Protection Act of 
                2019, and every 90 days thereafter, the Secretary of 
                State and the Secretary of Homeland Security shall 
                submit a report, with a classified annex, if necessary, 
                to--
                            ``(i) the Committee on the Judiciary of the 
                        Senate;
                            ``(ii) the Committee on Foreign Relations 
                        of the Senate;
                            ``(iii) the Committee on Armed Services of 
                        the Senate;
                            ``(iv) the Committee on the Judiciary of 
                        the House of Representatives;
                            ``(v) the Committee on Foreign Affairs of 
                        the House of Representatives; and
                            ``(vi) the Committee on Armed Services of 
                        the House of Representatives.
                    ``(B) Public reports.--The Secretary of State shall 
                publish each report submitted pursuant to subparagraph 
                (A) on the website of the Department of State.
                    ``(C) Contents.--Each report submitted pursuant to 
                subparagraph (A) shall describe the implementation of 
                improvements to the processing of applications for 
                refugee status required under paragraph (1), including 
                information relating to--
                            ``(i) enhancing existing systems for 
                        conducting background and security checks of 
                        persons applying for refugee status under this 
                        section, which shall--
                                    ``(I) support immigration security; 
                                and
                                    ``(II) provide for the orderly 
                                processing of such applications without 
                                significant delay;
                            ``(ii) the number of aliens who have 
                        applied for refugee status under this section 
                        during each month of the preceding fiscal year;
                            ``(iii) the reasons for the failure to 
                        process any applications that have been pending 
                        for longer than 5 years;
                            ``(iv) the total number of applications 
                        that are pending at the end of the reporting 
                        period;
                            ``(v) the average wait times for all 
                        applicants who are currently pending--
                                    ``(I) employment verification;
                                    ``(II) a prescreening interview 
                                with a resettlement support center;
                                    ``(III) an interview with U.S. 
                                Citizenship and Immigration Services; 
                                and
                                    ``(IV) the completion of security 
                                checks;
                            ``(vi) the number of denials or rejections 
                        of applicants for refugee status, disaggregated 
                        by the reason for denial; and
                            ``(vii) the reasons for denials by U.S. 
                        Citizenship and Immigration Services based on 
                        the categories already made available to denied 
                        applicants for refugee status in the 
                        notification of ineligibility issued to them by 
                        U.S. Citizenship and Immigration Services.''.
    (b) Savings Provisions.--Refugee admissions granted pursuant to 
section 1243 of the Refugee Crisis in Iraq Act (8 U.S.C. 1157 note) 
shall not count against the numerical limitation set forth in section 
207 of the Immigration and Nationality Act (8 U.S.C. 1157).

SEC. 302. CONVERSION OF CERTAIN PETITIONS.

    Section 2 of Public Law 110-242 (8 U.S.C. 1101 note) is amended by 
striking subsection (b) and inserting the following:
    ``(b) Duration.--The authority under subsection (a) shall expire on 
the date on which the numerical limitation specified under section 1244 
of the National Defense Authorization Act for Fiscal Year 2008 (Public 
Law 110-181; 8 U.S.C. 1157 note) is reached.''.

SEC. 303. SPECIAL IMMIGRANT VISA PROGRAM REPORTING REQUIREMENT.

    (a) In General.--Not later than 180 days after the date of the 
enactment of this Act, the Inspector General of the Department of 
State, in consultation with the Inspector General of the Department of 
Defense, shall submit a report, with a classified annex if necessary, 
to--
            (1) the Committee on the Judiciary of the Senate;
            (2) the Committee on Foreign Relations of the Senate;
            (3) the Committee on Armed Services of the Senate;
            (4) the Committee on the Judiciary of the House of 
        Representatives;
            (5) the Committee on Foreign Affairs of the House of 
        Representatives; and
            (6) the Committee on Armed Services of the House of 
        Representatives.
    (b) Publication.--The Department of State shall publish the report 
submitted under subsection (a) on the website of the Department of 
State.
    (c) Contents.--The report submitted under subsection (a) shall 
evaluate--
            (1) the obstacles to effective protection of Afghan and 
        Iraqi allies through the special immigrant visa program between 
        2009 and the present;
            (2) measures to improve efficient processing in the special 
        immigrant visa programs; and
            (3) suggestions for improvements in future programs, 
        including information relating to--
                    (A) the hiring of locally employed staff and 
                contractors;
                    (B) documenting the identity and employment of 
                locally employed staff and contractors of the United 
                States Government, including the possibility of 
                establishing a central database of employees of the 
                United States Government and its contractors;
                    (C) the protection in and safety of employees of 
                locally employed staff and contractors;
                    (D) means of expediting processing at all stages of 
                the process for applicants, including consideration of 
                reducing required forms;
                    (E) appropriate staffing levels for expedited 
                processing domestically and abroad;
                    (F) the effect of uncertainty of visa availability 
                on visa processing;
                    (G) the cost and availability of medical 
                examinations; and
                    (H) means to reduce delays in interagency 
                processing and security checks.
    (d) Consultation.--In preparing the report under subsection (a), 
the Inspector General shall consult with--
            (1) the Visa Office of the Bureau of Consular Affairs Visa 
        Office of the Department of State;
            (2) the Executive Office of the Bureau of Near Eastern 
        Affairs and South and Central Asian Affairs of the Department 
        of State;
            (3) the Consular Section of the United States Embassy in 
        Kabul, Afghanistan;
            (4) the Consular Section of the United States Embassy in 
        Baghdad, Iraq;
            (5) U.S. Citizenship and Immigration Services of the 
        Department of Homeland Security;
            (6) the Department of Defense;
            (7) nongovernmental organizations providing legal aid in 
        the special immigrant visa application process; and
            (8) wherever possible, current and former employees of the 
        offices referred to in paragraphs (1) through (6).

SEC. 304. IMPROVEMENTS TO APPLICATION PROCESS FOR AFGHAN SPECIAL 
              IMMIGRANT VISAS.

    Section 602(b) of the Afghan Allies Protection Act of 2009 (8 
U.S.C. 1101 note) is amended--
            (1) in paragraph (2)(A)(ii)--
                    (A) in the matter preceding subclause (I), by 
                inserting ``for the first time'' after ``September 30, 
                2015''; and
                    (B) in subclause (I)--
                            (i) in item (aa) by inserting ``for the 
                        first time'' after ``subparagraph (D)''; and
                            (ii) in item (bb) by inserting ``for the 
                        first time'' after ``subparagraph (D)''; and
            (2) in paragraph (4)(A) by inserting, ``, including Chief 
        of Mission approval,'' after ``so that all steps''.

SEC. 305. SPECIAL IMMIGRANT STATUS FOR CERTAIN SURVIVING SPOUSES AND 
              CHILDREN.

    (a) In General.--Section 101(a)(27)(D) of the Immigration and 
Nationality Act (8 U.S.C. 1101(a)(27)(D)) is amended--
            (1) by striking ``an immigrant who is an employee'' and 
        inserting the following: ``an immigrant who--
                            ``(i) is an employee''; and
            (2) by striking ``status;'' and inserting the following: 
        ``status; or
                            ``(ii) an immigrant who is the surviving 
                        spouse or child of an employee of the United 
                        States Government abroad: Provided, That the 
                        employee performed faithful service for a total 
                        of not less than 15 years or was killed in the 
                        line of duty;''.
    (b) Special Immigrant Status for Surviving Spouses and Children.--
Section 602(b)(2)(C) of the Afghan Allies Protection Act of 2009, as 
amended by section 304, is further amended--
            (1) in clause (ii), by redesignating subclauses (I) and 
        (II) as items (aa) and (bb), respectively and moving such items 
        2 ems to the right;
            (2) by redesignating clauses (i) and (ii) as subclauses (I) 
        and (II), respectively and moving such subclauses 2 ems to the 
        right;
            (3) in the matter preceding subclause (I), as redesignated, 
        by striking ``An alien is described'' and inserting the 
        following:
                            ``(i) In general.--An alien is described'';
            (4) in clause (i)(I), as redesignated, by striking ``who 
        had a petition for classification approved'' and inserting 
        ``who had submitted an application to the Chief of Mission''; 
        and
            (5) by adding at the end the following:
                            ``(ii) Employment requirements.--An 
                        application by a surviving spouse or child of a 
                        principal alien shall be subject to employment 
                        requirements set forth in subparagraph (A) as 
                        of the date of the principal alien's filing of 
                        an application for the first time, or if no 
                        application has been filed, the employment 
                        requirements as of the date of the principal 
                        alien's death.''.
    (c) Special Immigrant Status for Certain Iraqis.--Section 
1244(b)(3) of the Refugee Crisis in Iraq Act (8 U.S.C. 1157 note)--
            (1) in subparagraph (B), by redesignating clauses (i) and 
        (ii) as subclauses (I) and (II), respectively and moving such 
        subclauses 2 ems to the right;
            (2) by redesignating subparagraphs (A) and (B) as clauses 
        (i) and (ii), respectively and moving such clauses 2 ems to the 
        right;
            (3) in the matter preceding clause (i), as redesignated, by 
        striking ``An alien is described'' and inserting the following:
                    ``(A) In general.--An alien is described'';
            (4) in subparagraph (A)(i), as redesignated, by striking 
        ``who had a petition for classification approved'' and 
        inserting ``who submitted an application to the Chief of 
        Mission''; and
            (5) by adding at the end the following:
                    ``(B) Employment requirements.--An application by a 
                surviving spouse or child of a principal alien shall be 
                subject to employment requirements set forth in 
                paragraph (1) as of the date of the principal alien's 
                filing of an application for the first time, or if the 
                principal alien do not file an application, the 
                employment requirements as of the date of the principal 
                alien's death.''.
    (d) Effective Date.--The amendments made by this subsection shall 
be effective on June 30, 2019, and shall have retroactive effect.

SEC. 306. INCLUSION OF CERTAIN SPECIAL IMMIGRANTS IN THE ANNUAL REFUGEE 
              SURVEY.

    Section 413(b)(1) of the Immigration and Nationality Act (8 U.S.C. 
1523(b)(1)) is amended by inserting ``and individuals who have opted to 
receive refugee benefits and who were admitted pursuant to section 1059 
of the National Defense Authorization Act for Fiscal Year 2006 (Public 
Law 109-163; 8 U.S.C. 1101 note), section 1244 of the Refugee Crisis in 
Iraq Act of 2007 (8 U.S.C. 1157 note), section 602 of the Afghan Allies 
Protection Act of 2009 (8 U.S.C. 1101 note), or section 308 of the 
Refugee Protection Act of 2019'' after ``who have entered the United 
States,''.

SEC. 307. UNITED STATES REFUGEE PROGRAM PRIORITIES.

    (a) In General.--The Secretary of State, in consultation with the 
Secretary of Homeland Security, shall designate as Priority 2 refugees 
of special humanitarian concern--
            (1) Syrian Kurds, stateless persons who habitually resided 
        in Syria, and other Syrians who partnered with, or worked for 
        or directly with, the United States Government in Syria;
            (2) Syrian Kurds, stateless persons who habitually resided 
        in Syria, and other Syrians who were employed in Syria by--
                    (A) a media or nongovernmental organization based 
                in the United States;
                    (B) an organization or entity that has received a 
                grant from, or entered into a cooperative agreement or 
                contract with, the United States Government; or
                    (C) an organization that--
                            (i) was continuously physically present in 
                        Northeast Syria between 2011 and the date of 
                        the enactment of this Act; and
                            (ii) has partnered with an organization 
                        described in subparagraph (A) or (B);
            (3) the spouses, children, sons, daughters, siblings, and 
        parents of aliens described in paragraph (1) or section 308(b);
            (4) Syrian Kurds, stateless persons who habitually resided 
        in Syria, and other Syrians who have an immediate relative (as 
        defined in section 201(b)(2)(A)(i) of the Immigration and 
        Nationality Act (8 U.S.C. 1151(b)(2)(A)(i))) or a family member 
        described in section 203(a) of such Act (8 U.S.C. 203(a)) who 
        is physically present in the United States;
            (5) Syrian Kurds, stateless persons who habitually resided 
        in Syria, and other Syrians who were or are employed by the 
        United States Government in Syria, for an aggregate period of 
        at least 1 year; and
            (6) citizens or nationals of Syria or Iraq, or stateless 
        persons who habitually resided in Syria or Iraq, who provided 
        service to United States counter-ISIS efforts for an aggregate 
        period of at least 1 year.
    (b) Eligibility for Admission as a Refugee.--An alien may not be 
denied the opportunity to apply for admission as a refugee under this 
section solely because such alien qualifies as an immediate relative of 
a national of the United States or is eligible for admission to the 
United States under any other immigrant classification.
    (c) Membership in Certain Syrian Organizations.--An applicant for 
admission to the United States may not be deemed inadmissible based 
solely on membership in, participation in, or support provided to, the 
Syrian Democratic Forces or other partner organizations as determined 
by the Secretary of Defense.
    (d) Exclusion From Numerical Limitations.--Aliens provided refugee 
status under this section shall not be counted against any numerical 
limitation under section 201, 202, 203, or 207 of the Immigration and 
Nationality Act (8 U.S.C. 1151, 1152, 1153, and 1157).
    (e) Timeline for Processing Applications.--
            (1) In general.--The Secretary of State and the Secretary 
        of Homeland Security shall ensure that all steps under the 
        control of the United States Government incidental to the 
        approval of such applications, including required screenings 
        and background checks, are completed not later than 5 years 
        after the date on which an eligible applicant submits an 
        application under subsection (a).
            (2) Exception.--Notwithstanding paragraph (1), the United 
        States Refugee Admission Program may take additional time to 
        process applications described in paragraph (1) if satisfaction 
        of national security concerns requires such additional time, 
        provided that the Secretary of Homeland Security, or the 
        designee of the Secretary, has determined that the applicant 
        meets the requirements for status as a refugee of special 
        humanitarian concern under this section and has so notified the 
        applicant.
    (f) Reporting Requirements.--
            (1) In general.--Not later than 180 days after the date of 
        enactment of the Refugee Protection Act of 2019, and every 90 
        days thereafter, the Secretary of State and the Secretary of 
        Homeland Security shall submit a report to--
                    (A) the Committee on the Judiciary, the Committee 
                on Foreign Relations, and the Committee on Armed 
                Services of the Senate; and
                    (B) the Committee on the Judiciary, the Committee 
                on Foreign Affairs, and the Committee on Armed Services 
                of the House of Representatives.
            (2) Matters to be included.--Each report submitted under 
        paragraph (1) shall describe the processing of applications for 
        refugee status required under subsection (e), including 
        information relating to--
                    (A) the number of aliens who have applied for 
                refugee status under this section during each month of 
                the preceding fiscal year;
                    (B) the total number of applications that are 
                pending at the end of the reporting period;
                    (C) the average wait-times for all applicants who 
                are currently pending--
                            (i) employment verification;
                            (ii) a prescreening interview with a 
                        resettlement support center;
                            (iii) an interview with U.S. Citizenship 
                        and Immigration Services; and
                            (iv) the completion of security checks;
                    (D) the number of denials or rejections of 
                applicants for refugee status, disaggregated by the 
                reason for denial; and
                    (E) the reasons for denials by U.S. Citizenship and 
                Immigration Services based on the categories already 
                made available to denied applicants for refugee status 
                in the notification of ineligibility issued to such 
                denied applicants by U.S. Citizenship and Immigration 
                Services.
            (3) Form.--Each report under paragraph (1) shall be 
        submitted in unclassified form, but may include a classified 
        annex.
            (4) Public reports.--The Secretary of State shall make each 
        report submitted under paragraph (1) available to the public on 
        the internet website of the Department of State.
    (g) Identification of Other Persecuted Groups.--The Secretary of 
State, or the designee of the Secretary, is authorized to classify 
other groups of Syrians, including vulnerable populations, as Priority 
2 refugees of special humanitarian concern.
    (h) Satisfaction of Other Requirements.--Aliens granted status 
under this section as Priority 2 refugees of special humanitarian 
concern under the refugee resettlement priority system shall be deemed 
to satisfy the requirements under section 207 of the Immigration and 
Nationality Act (8 U.S.C. 1157) for admission to the United States.

SEC. 308. SPECIAL IMMIGRANT STATUS FOR CERTAIN SYRIAN WHO WORKED FOR 
              THE UNITED STATES GOVERNMENT IN SYRIA.

    (a) In General.--Subject to subsection (c)(1), for purposes of the 
Immigration and Nationality Act (8 U.S.C. 1101 et seq.), the Secretary 
of Homeland Security may provide any alien described in subsection (b) 
with the status of a special immigrant under section 101(a)(27) of such 
Act (8 U.S.C. 1101(a)(27)) if--
            (1) the alien, or an agent acting on behalf of the alien, 
        submits a petition to the Secretary under section 204 of such 
        Act (8 U.S.C. 1154) for classification under section 203(b)(4) 
        of such Act (8 U.S.C. 1153(b)(4));
            (2) the alien is otherwise eligible to receive an immigrant 
        visa;
            (3) the alien is otherwise admissible to the United States 
        for permanent residence (excluding the grounds for 
        inadmissibility specified in section 212(a)(4) of such Act (8 
        U.S.C. 1182(a)(4))), except that an applicant for admission to 
        the United States under this section may not be deemed 
        inadmissible based solely on membership in, participation in, 
        or support provided to, the Syrian Democratic Forces or other 
        partner organizations as determined by the Secretary of 
        Defense; and
            (4) clears a background check and appropriate screening, as 
        determined by the Secretary of Homeland Security.
    (b) Aliens Described.--An alien described in this subsection--
            (1)(A) is a citizen or national of Syria or a stateless 
        person who has habitually resided in Syria;
            (B) was employed by or on behalf of (including under a 
        contract, cooperative agreement or grant) with the United 
        States Government in Syria, for a period of at least 1 year 
        beginning on January 1, 2014; and
            (C) obtained a favorable written recommendation from a U.S. 
        citizen supervisor who was in the chain of command of the 
        United States Armed Forces unit or U.S. Government entity that 
        was supported by the alien; or
            (2)(A) is the spouse or a child of a principal alien 
        described in paragraph (1); and
            (B)(i) is following or accompanying to join the principal 
        alien in the United States; or
            (ii) due to the death of the principal alien, a petition to 
        follow or accompany to join the principal alien in the United 
        States--
                    (I) was or would be revoked, terminated, or 
                otherwise rendered null; and
                    (II) would have been approved if the principal 
                alien had survived.
    (c) Numerical Limitations.--
            (1) In general.--Except as otherwise provided under this 
        subsection, the total number of principal aliens who may be 
        provided special immigrant status under this section may not 
        exceed 5,000 in any of the first 5 fiscal years beginning after 
        the date of the enactment of this Act.
            (2) Exclusion from numerical limitations.--Aliens provided 
        special immigrant status under this section shall not be 
        counted against any numerical limitation under section 201(d), 
        202(a), or 203(b)(4) of the Immigration and Nationality Act (8 
        U.S.C. 1151(d), 1152(a), and 1153(b)(4)).
            (3) Carry forward.--If the numerical limitation set forth 
        in paragraph (1) is not reached during a fiscal year, the 
        numerical limitation under such paragraph for the following 
        fiscal year shall be increased by a number equal to the 
        difference between--
                    (A) the number of visas authorized under paragraph 
                (1) for such fiscal year; and
                    (B) the number of principal aliens provided special 
                immigrant status under this section during such fiscal 
                year.
    (d) Visa and Passport Issuance and Fees.--An alien described in 
subsection (b) may not be charged any fee in connection with an 
application for, or the issuance of, a special immigrant visa under 
this section. The Secretary of State shall ensure that aliens who are 
issued a special immigrant visa under this section are provided with an 
appropriate passport necessary for admission to the United States.
    (e) Protection of Aliens.--The Secretary of State, in consultation 
with the heads of other appropriate Federal agencies, shall make a 
reasonable effort to provide protection to each alien described in 
subsection (b) who is seeking special immigrant status under this 
section or to immediately remove such alien from Syria, if possible, if 
the Secretary determines, after consultation, that such alien is in 
imminent danger.
    (f) Application Process.--
            (1) Representation.--An alien applying for admission to the 
        United States as a special immigrant under this section may be 
        represented during the application process, including at 
        relevant interviews and examinations, by an attorney or other 
        accredited representative. Such representation shall not be at 
        the expense of the United States Government.
            (2) Completion.--
                    (A) In general.--The Secretary of State and the 
                Secretary of Homeland Security, in consultation with 
                the Secretary of Defense, shall ensure that 
                applications for special immigrant visas under this 
                section are processed in such a manner to ensure that 
                all steps under the control of the respective 
                departments incidental to the issuance of such visas, 
                including required screenings and background checks, 
                are completed not later than 9 months after the date on 
                which an eligible alien submits all required materials 
                to apply for such visa.
                    (B) Rule of construction.--Notwithstanding 
                subparagraph (A), any Secretary referred to in such 
                subparagraph may take longer than 270 days to complete 
                the steps incidental to issuing a visa under this 
                section if the Secretary, or the designee of the 
                Secretary--
                            (i) determines that the satisfaction of 
                        national security concerns requires additional 
                        time; and
                            (ii) notifies the applicant of such 
                        determination.
            (3) Appeal.--An alien whose petition for status as a 
        special immigrant is rejected or revoked--
                    (A) shall receive a written decision that provides, 
                to the maximum extent feasible, information describing 
                the basis for the denial, including the facts and 
                inferences underlying the individual determination; and
                    (B) shall be provided not more than 1 written 
                appeal per rejection or denial, which--
                            (i) shall be submitted not more than 120 
                        days after the date on which the applicant 
                        receives a decision pursuant to subparagraph 
                        (A);
                            (ii) may request the reopening of such 
                        decision; and
                            (iii) shall provide additional information, 
                        clarify existing information, or explain any 
                        unfavorable information.
    (g) Eligibility for Other Immigrant Classification.--An alien may 
not be denied the opportunity to apply for admission under this section 
solely because such alien--
            (1) qualifies as an immediate relative of a national of the 
        United States; or
            (2) is eligible for admission to the United States under 
        any other immigrant classification.
    (h) Resettlement Support.--An alien who is granted special 
immigrant status under this section shall be eligible for the same 
resettlement assistance, entitlement programs, and other benefits as is 
available to refugees admitted under section 207 of the Immigration and 
Naturalization Act (8 U.S.C. 1157).
    (i) Authority To Carry Out Administrative Measures.--The Secretary 
of Homeland Security, the Secretary of State, and the Secretary of 
Defense shall implement any additional administrative measures as they 
consider necessary and appropriate--
            (1) to ensure the prompt processing of applications under 
        this section;
            (2) to preserve the integrity of the program established 
        under this section; and
            (3) to protect the national security interests of the 
        United States related to such program.
    (j) Rulemaking.--Not later than 90 days after the date of the 
enactment of this Act, the Secretary of Homeland Security, in 
consultation with the Secretary of Defense, shall promulgate 
regulations to carry out this section, including establishing 
requirements for background checks.
    (k) Savings Provision.--Nothing in this section may be construed to 
affect the authority of the Secretary of Homeland Security under 
section 1059 of the National Defense Authorization Act for Fiscal Year 
2006 (Public Law 109-163; 8 U.S.C. 1101 note).

SEC. 309. SPECIAL IMMIGRANT STATUS REPORTING REQUIREMENT.

    (a) In General.--Not later than January 30 each year, the Inspector 
General of the Department of State shall submit an report on the 
implementation of the Syrian special immigrant status program under 
section 308 for the preceding calendar year to--
            (1) the Committee on Judiciary, the Committee on Foreign 
        Relations, and the Committee on Armed Services of the Senate; 
        and
            (2) the Committee on Judiciary, the Committee on Foreign 
        Relations, and the Committee on Armed Services of the House of 
        Representatives.
    (b) Matters To Be Included.--Each report submitted under subsection 
(a) shall include, for the applicable calendar year, the following:
            (1) The number of petitions filed under such program.
            (2) The number of such petitions pending adjudication.
            (3) The number of such petitions pending visa interview.
            (4) The number of such petitions pending security checks.
            (5) The number of such petitions that were denied.
            (6) The number of cases under such program that have 
        exceeded the mandated processing time and relevant case 
        numbers.
            (7) A description of any obstacle discovered that would 
        hinder effective implementation of such program.
    (c) Consultation.--In preparing a report under subsection (a), the 
Inspector General shall consult with--
            (1) the Department of State, Bureau of Consular Affairs, 
        Visa Office;
            (2) the Department of State, Bureau of Near Eastern Affairs 
        and South and Central Asian Affairs, Executive Office;
            (3) the Department of Homeland Security, U.S. Citizenship 
        and Immigration Services;
            (4) the Department of Defense; and
            (5) nongovernmental organizations providing legal aid in 
        the special immigrant visa application process.
    (d) Form.--Each report submitted under subsection (a) shall be 
submitted in unclassified form, but may include a classified annex.
    (e) Publication.--Each report submitted under this section shall be 
made available to the public on the internet website of the Department 
of State.

SEC. 310. PROCESSING MECHANISMS.

    The Secretary of State shall use existing refugee processing 
mechanisms in Iraq and in other countries, as appropriate, in the 
region in which--
            (1) aliens described in section 307(a) may apply and 
        interview for admission to the United States as refugees; and
            (2) aliens described in section 308(b) may apply and 
        interview for admission to the United States as special 
        immigrants.

                      TITLE IV--GENERAL PROVISIONS

SEC. 401. 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. 402. 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>