[Congressional Record Volume 159, Number 42 (Thursday, March 21, 2013)]
[Senate]
[Pages S2149-S2158]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mr. LEAHY (for himself, Mr. Levin, Ms. Hirono, and Mr. 
        Blumenthal):
  S. 645. A bill to amend the Immigration and Nationality Act to 
reaffirm the United States historic commitment to protecting refugees 
who are fleeing persecution or torture; to the Committee on the 
Judiciary.
  Mr. LEAHY. Mr. President, today I am pleased to reintroduce the 
Refugee Protection Act. The Senate will soon turn to comprehensive 
immigration reform and the changes to the refugee system contained in 
this bill are a critical component of fixing our broken immigration 
system. As we address the

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many complex immigration issues facing our country, we must ensure that 
America upholds its longstanding commitment to refugee protection.
  The Refugee Protection Act of 2013 reaffirms the commitments we made 
in ratifying the 1951 Refugee Convention, and will help to restore the 
United States as a global leader on human rights. This legislation 
seeks to repeal the most harsh, inefficient, and unnecessary elements 
of current law, and restore the United States to its rightful role as a 
safe and welcoming home for those suffering from persecution around the 
world.
  During this challenging economic time, it can be tempting to look 
inward rather than to fulfill our global humanitarian commitments. I 
believe this bill is needed more now than ever. Millions of refugees 
remain displaced and warehoused in refugee camps in Eastern Africa, 
Southeast Asia, and other parts of the world. Ongoing political 
struggles in the Middle East and North Africa are causing dislocation 
of significant populations. We will continue to see genuine refugees 
who are in dire need of protection. The Refugee Protection Act helps 
ensure that America will continue to be a haven for these individuals 
and their families, just as it has been historically.
  Since passage of the landmark Refugee Act of 1980, more than 2.6 
million refugees and asylum seekers have been granted protection in the 
United States. In my home State of Vermont, I have seen how the 
admission of these refugees and asylum seekers, almost 5,600 in the 
last 20 years, has revitalized and enriched communities, resulting in 
the creation of new businesses, safer neighborhoods, and stronger 
schools. We are fortunate to have the Vermont Refugee Resettlement 
Program, with its decades of experience and award-winning volunteer 
program, leading this effort. Over the last 5 years, many of these new 
Vermonters have come from Bhutan, Burma, and the Congo. As they become 
small business owners, nurses, and soccer coaches, they contribute to 
the well-being of our communities and their culture enriches my 
historically Anglo-Saxon and French-Canadian state.
  Vermonters have played a tremendous role in welcoming refugees and 
asylum-seekers to their communities. Many have hosted refugee families 
in their homes until suitable housing could be found. Despite this 
generous community support, however, Vermont's resettlement program is 
not without its challenges. We experience many of the same hurdles 
faced by resettlement efforts and receiving communities across the 
Nation. To help address these hurdles, the Refugee Protection Act of 
2013 includes provisions that will help the nationwide resettlement 
effort operate more effectively.
  In addition to support and improvement of the resettlement program, 
this bill concerns several areas of domestic asylum adjudication that 
are in need of significant reform. This bill would repeal the one-year 
filing deadline for asylum seekers, removing an unnecessary barrier to 
protection. The bill would allow arriving aliens and minors to seek 
asylum first before the Asylum Office, rather than referring those 
cases immediately to immigration court. The Asylum Office is well 
trained to screen for fraud and is able to handle a slight increase in 
its caseload. Meanwhile, as we have heard from many immigration 
experts, the immigration courts are overburdened, under-resourced, and 
facing steady increases in their caseloads.
  The Refugee Protection Act ensures that persons who were victims of 
terrorism or persecution by terrorist groups will not be doubly 
victimized with a denial of protection in the United States. Vermont 
Immigration and Asylum Advocates, a legal aid provider and a 
collaborator in the New England Survivor of Torture and Trauma program, 
continues to see cases where persons granted asylum are later blocked 
from bringing their families to the United States or from applying for 
permanent residency by overly broad definitions in current law. This 
bill would help such persons prove their cases without taking any 
shortcuts that could harm national security. The bill also gives the 
President the authority to designate certain particularly vulnerable 
groups for expedited consideration. All refugees would still have to 
complete security and background checks prior to entry to the United 
States.
  Finally, the bill recognizes the need to treat genuine asylum seekers 
as persons in need of protection, not as criminals. It calls for asylum 
seekers who can prove their identities and who pose no threat to the 
United States to be released from immigration detention. Vermont 
Immigration and Asylum Advocates, like other legal aid providers across 
the Nation, struggle to visit detention facilities located at great 
distance, or to reach clients who have been transferred to far away 
locations. I appreciate efforts made by the Obama administration to 
parole eligible asylum seekers and to improve the conditions of 
detention overall, but more must be done. The Refugee Protection Act 
will improve access to counsel so that asylum seekers with genuine 
claims can gain legal assistance in presenting their claims. It will 
require the Government to codify detention standards to ensure that 
reforms are meaningful and enforceable. These reforms are humane and 
fair, but they will also save taxpayer dollars because of the high 
costs associated with unnecessary detentions.
  There is no question that the United States is a leader among nations 
in refugee protection, but we can do better. The refugees we welcome to 
our shores contribute to the fabric of our Nation, and enrich the 
communities where they settle. I urge all Senators to support the 
Refugee Protection Act of 2013.
  Mr. President, I ask unanimous consent that the text of the bill 
printed in the Record.
  There being no objection, the text of the bill was ordered to be 
printed in the Record, as follows:

                                 S. 645

       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 2013''.
       (b) Table of Contents.--The table of contents for this Act 
     is as follows:

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

     SEC. 2. DEFINITIONS.

       In this Act:
       (1) Asylum seeker.--The term ``asylum seeker''--
       (A) means--
       (i) any applicant for asylum under section 208 of the 
     Immigration and Nationality Act (8 U.S.C. 1158);
       (ii) any alien who indicates an intention to apply for 
     asylum under that section; and
       (iii) any alien who indicates an intention to apply for 
     withholding of removal, pursuant to--

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       (I) section 241 of the Immigration and Nationality Act (8 
     U.S.C. 1231); or
       (II) the Convention Against Torture and Other Cruel, 
     Inhuman or Degrading Treatment or Punishment, done at New 
     York December 10, 1984;

       (B) includes any individual described in subparagraph (A) 
     whose application for asylum or withholding of removal is 
     pending judicial review; and
       (C) does not include an individual with respect to whom a 
     final order denying asylum and withholding of removal has 
     been entered if such order is not pending judicial review.
       (2) Secretary.--The term ``Secretary'' means the Secretary 
     of Homeland Security.

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

       Section 208(a)(2) of the Immigration and Nationality Act (8 
     U.S.C. 1158(a)(2)) is amended--
       (1) in subparagraph (A), by inserting ``or the Secretary of 
     Homeland Security'' after ``Attorney General'' each place 
     such term appears;
       (2) by striking subparagraphs (B) and (D);
       (3) by redesignating subparagraph (C) as subparagraph (B);
       (4) in subparagraph (B), as redesignated, by striking 
     ``subparagraph (D)'' and inserting ``subparagraphs (C) and 
     (D)''; and
       (5) by inserting after subparagraph (B), as redesignated, 
     the following:
       ``(C) Changed circumstances.--Notwithstanding subparagraph 
     (B), an application for asylum of an alien may be considered 
     if the alien demonstrates, to the satisfaction of the 
     Attorney General, the existence of changed circumstances that 
     materially affect the applicant's eligibility for asylum.
       ``(D) Motion to reopen asylum claim.--Notwithstanding 
     subparagraph (B) or section 240(c)(7), an alien may file a 
     motion to reopen an asylum claim during the 2-year period 
     beginning on the date of the enactment of the Refugee 
     Protection Act of 2013 if the alien--
       ``(i) was denied asylum based solely upon a failure to meet 
     the 1-year application filing deadline in effect on the date 
     on which the application was filed;
       ``(ii) was granted withholding of removal to the alien's 
     country of nationality (or, if stateless, to the country of 
     last habitual residence under section 241(b)(3));
       ``(iii) has not obtained lawful permanent residence in the 
     United States pursuant to any other provision of law;
       ``(iv) is not subject to the safe third country exception 
     in section 208(a)(2)(A) or a bar to asylum under section 
     208(b)(2) and should not be denied asylum as a matter of 
     discretion; and
       ``(v) is physically present in the United States when the 
     motion is filed.''.

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

       (a) Terrorist Activities.--Section 212(a)(3)(B) of the 
     Immigration and Nationality Act (8 U.S.C. 1182(a)(3)(B)) is 
     amended to read as follows:
       ``(B) Terrorist activities.--
       ``(i) In general.--Except as provided in clause (ii) and 
     subsection (d)(3)(B)(i), an alien is inadmissible if--

       ``(I) the alien has engaged in a terrorist activity;
       ``(II) a consular officer, the Attorney General, or the 
     Secretary of Homeland Security knows, or has reasonable 
     ground to believe, that the alien is engaged, or is likely to 
     engage after entry, in any terrorist activity;
       ``(III) the alien has, under circumstances indicating an 
     intention to cause death or serious bodily harm, incited 
     terrorist activity;
       ``(IV) the alien is a representative of--

       ``(aa) a terrorist organization; or
       ``(bb) a political, social, or other group that endorses or 
     espouses terrorist activity;

       ``(V) the alien is a member of a terrorist organization;
       ``(VI) the alien endorses or espouses terrorist activity or 
     persuades others to endorse or espouse terrorist activity or 
     support a terrorist organization;
       ``(VII) the alien has received military-type training (as 
     defined in section 2339D(c)(1) of title 18, United States 
     Code) from, or on behalf of, any organization that, at the 
     time the training was received, was a terrorist organization; 
     or
       ``(VIII) the alien is an officer, official, representative, 
     or spokesman of the Palestine Liberation Organization.

       ``(ii) Exceptions.--

       ``(I) Lack of knowledge.--Clause (i)(V) shall not apply to 
     an alien who is a member of a terrorist organization 
     described in clause (iii)(V)(cc) if the alien demonstrates by 
     clear and convincing evidence that the alien did not know, 
     and should not reasonably have known, that the organization 
     was a terrorist organization.
       ``(II) Duress.--Clause (i)(VII) and items (dd) through (ff) 
     of clause (iii)(I) shall not apply to an alien who 
     establishes that his or her actions giving rise to 
     inadmissibility under such clause were committed under duress 
     and the alien does not pose a threat to the security of the 
     United States. In determining whether the alien was subject 
     to duress, the Secretary of Homeland Security may consider, 
     among relevant factors, the age of the alien at the time such 
     actions were committed.

       ``(iii) Definitions.--In this section:

       ``(I) Engage in terrorist activity.--The term `engage in 
     terrorist activity' means, in an individual capacity or as a 
     member of an organization--

       ``(aa) to commit or to incite to commit, under 
     circumstances indicating an intention to cause death or 
     serious bodily injury, a terrorist activity;
       ``(bb) to prepare or plan a terrorist activity;
       ``(cc) to gather information on potential targets for 
     terrorist activity;
       ``(dd) to solicit funds or other things of value for--
       ``(AA) a terrorist activity;
       ``(BB) a terrorist organization described in item (aa) or 
     (bb) of clause (iii)(V); or
       ``(CC) a terrorist organization described in clause 
     (iii)(V)(cc), unless the solicitor can demonstrate by clear 
     and convincing evidence that he or she did not know, and 
     should not reasonably have known, that the organization was a 
     terrorist organization;
       ``(ee) to solicit any individual--
     ``(AA) to engage in conduct otherwise described in this 
     subsection;
       ``(BB) for membership in a terrorist organization described 
     in item (aa) or (bb) of clause (iii)(V); or
       ``(CC) for membership in a terrorist organization described 
     in clause (iii)(V)(cc) unless the solicitor can demonstrate 
     by clear and convincing evidence that he or she did not know, 
     and should not reasonably have known, that the organization 
     was a terrorist organization; or
       ``(ff) to commit an act that the actor knows, or reasonably 
     should know, affords material support, including a safe 
     house, transportation, communications, funds, transfer of 
     funds or other material financial benefit, false 
     documentation or identification, weapons (including chemical, 
     biological, or radiological weapons), explosives, or 
     training--
       ``(AA) for the commission of a terrorist activity;
       ``(BB) to any individual who the actor knows, or reasonably 
     should know, has committed or plans to commit a terrorist 
     activity;
       ``(CC) to a terrorist organization described in item (aa) 
     or (bb) of clause (iii)(V) or to any member of such an 
     organization; or
       ``(DD) to a terrorist organization described in clause 
     (iii)(V)(cc), or to any member of such an organization, 
     unless the actor can demonstrate by clear and convincing 
     evidence that he or she did not know, and should not 
     reasonably have known, that the organization was a terrorist 
     organization.

       ``(II) Material support.--The term `material support' means 
     support that is significant and of a kind directly relevant 
     to terrorist activity.
       ``(III) Representative.--The term `representative' 
     includes--

       ``(aa) an officer, official, or spokesman of an 
     organization; and
       ``(bb) any person who directs, counsels, commands, or 
     induces an organization or its members to engage in terrorist 
     activity.

       ``(IV) Terrorist activity.--The term `terrorist activity' 
     means any activity which is unlawful under the laws of the 
     place where it is committed (or which, if it had been 
     committed in the United States, would be unlawful under the 
     laws of the United States or any State) and which involves--

       ``(aa) the highjacking or sabotage of any conveyance 
     (including an aircraft, vessel, or vehicle);
       ``(bb) the seizing or detaining, and threatening to kill, 
     injure, or continue to detain, another individual in order to 
     compel a third person (including a governmental organization) 
     to do or abstain from doing any act as an explicit or 
     implicit condition for the release of the individual seized 
     or detained;
       ``(cc) a violent attack upon an internationally protected 
     person (as defined in section 1116(b)(4) of title 18, United 
     States Code) or upon the liberty of such a person;
       ``(dd) an assassination;
       ``(ee) the use, with the intent to endanger the safety of 1 
     or more individuals or to cause substantial damage to 
     property, of any--
       ``(AA) biological agent, chemical agent, or nuclear weapon 
     or device; or
       ``(BB) explosive, firearm, or other weapon or dangerous 
     device (other than for mere personal monetary gain); or
       ``(ff) a threat, attempt, or conspiracy to carry out any of 
     the activities described in items (aa) through (ee).

       ``(V) Terrorist organization.--The term `terrorist 
     organization' means an organization--

       ``(aa) designated under section 219;
       ``(bb) otherwise designated, upon publication in the 
     Federal Register, by the Secretary of State in consultation 
     with or upon the request of the Attorney General or the 
     Secretary of Homeland Security, as a terrorist organization, 
     after finding that the organization engages in the activities 
     described in items (aa) through (ff) of subclause (I); or
       ``(cc) that is a group of 2 or more individuals, whether 
     organized or not, which engages in, or has a subgroup which 
     engages in, the activities described in items (aa) through 
     (ff) of subclause (I).''.
       (b) Child Soldiers.--
       (1) Inadmissibility.--Section 212(a)(3)(G) of the 
     Immigration and Nationality Act (8 U.S.C. 1182(a)(3)(G)) is 
     amended by adding at the end the following ``This 
     subparagraph shall not apply to an alien who establishes that 
     the actions giving rise to inadmissibility under this 
     subparagraph were committed under duress or carried out while 
     the alien was younger than 18 years of age.''.
       (2) Deportability.--Section 237(a)(4)(F) of such Act (8 
     U.S.C. 1227(a)(4)(F)) is amended--

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       (A) by redesignating subparagraph (F) as subparagraph (G);
       (B) by redesignating subparagraph (E) (as added by section 
     5502(b)), as subparagraph (F); and
       (C) in subparagraph (G), as redesignated, by adding at the 
     end the following ``This subparagraph shall not apply to an 
     alien who establishes that the actions giving rise to 
     deportability under this subparagraph were committed under 
     duress or carried out while the alien was younger than 18 
     years of age.''.
       (c) Temporary Admission of Nonimmigrants.--Section 
     212(d)(3)(B)(i) of the Immigration and Nationality Act (8 
     U.S.C. 1182(d)(3)(B)(i)) is amended to read as follows:
       ``(B)(i) The Secretary of State, after consultation with 
     the Attorney General and the Secretary of Homeland Security, 
     or the Secretary of Homeland Security, after consultation 
     with the Secretary of State and the Attorney General, may 
     conclude, in such Secretary's sole, unreviewable discretion, 
     that subsection (a)(3)(B) shall not apply to an alien or that 
     subsection (a)(3)(B)(iii)(V)(cc) shall not apply to a group. 
     The Secretary of State may not exercise discretion under this 
     clause with respect to an alien after removal proceedings 
     against the alien have commenced under section 240.''.

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

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

     SEC. 6. EFFECTIVE ADJUDICATION OF PROCEEDINGS.

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

     SEC. 7. SCOPE AND STANDARD FOR REVIEW.

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

     SEC. 8. EFFICIENT ASYLUM DETERMINATION PROCESS.

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

       ``(IV) Detention.--''; and

       (B) by striking ``shall'' and inserting ``may, in the 
     Secretary's discretion,''.

     SEC. 9. SECURE ALTERNATIVES PROGRAM.

       (a) Establishment.--The Secretary shall establish the 
     Secure Alternatives Program (referred to in this section as 
     the ``Program'') under which an alien who has been detained 
     may be released under enhanced supervision--
       (1) to prevent the alien from absconding;
       (2) to ensure that the alien makes appearances related to 
     such detention; and
       (3) to authorize and promote the utilization of 
     alternatives to detention of asylum seekers.
       (b) Program Requirements.--
       (1) Nationwide implementation.--The Secretary shall 
     facilitate the nationwide implementation of the Program.
       (2) Utilization of alternatives.--The Program shall utilize 
     a continuum of alternatives based on the alien's need for 
     supervision, which may include placement of the alien--
       (A) with an individual or organizational sponsor; or
       (B) in a supervised group home.
       (3) Program elements.--The Program shall include--
       (A) individualized case management by an assigned case 
     supervisor; and
       (B) referral to community-based providers of legal and 
     social services.
       (4) Restrictive electronic monitoring.--
       (A) In general.--Restrictive electronic monitoring devices, 
     such as ankle bracelets,

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     may not be used unless there is a demonstrated need for such 
     enhanced monitoring.
       (B) Periodic review.--The Secretary shall periodically 
     review any decision to require the use of devices described 
     in subparagraph (A).
       (5) Aliens eligible for secure alternatives program.--
       (A) In general.--Asylum seekers denied parole under section 
     235(b)(1)(B) of the Immigration and Nationality Act (8 U.S.C. 
     1225(b)(1)(B)) shall be eligible to participate in the 
     Program.
       (B) Program design.--The Program shall be designed to 
     ensure sufficient supervision of the population described in 
     subparagraph (A).
       (6) Individualized determinations.--For aliens who pose a 
     flight risk, the Secretary shall make an individualized 
     determination as to whether this risk can be mitigated 
     through the Program.
       (7) Rulemaking.--The Attorney General and the Secretary 
     shall promulgate regulations establishing procedures for the 
     review of any determination under this section by an 
     immigration judge, unless the alien waives the right to such 
     review.
       (8) Contracts.--The Secretary shall enter into contracts 
     with qualified nongovernmental entities to implement the 
     Program.
       (9) Other considerations.--In designing the Program, the 
     Secretary shall--
       (A) consult with relevant experts; and
       (B) consider programs that have proven successful in the 
     past, including the Appearance Assistance Program developed 
     by the Vera Institute of Justice.
       (c) Parole of Certain Aliens.--Section 235(b)(1)(B) of the 
     Immigration and Nationality Act (8 U.S.C. 1225(b)(1)(B)) is 
     amended--
       (1) by redesignating clause (v) as clause (vi); and
       (2) by inserting after clause (iv) the following:
       ``(v) Release.--

       ``(I) In general.--Any alien subject to detention under 
     this subsection who has been determined to have a credible 
     fear of persecution shall be released from the custody of the 
     Department of Homeland Security not later than 7 days after 
     such determination unless the Secretary of Homeland Security 
     demonstrates by substantial evidence that the alien--

       ``(aa) poses a risk to public safety, which may include a 
     risk to national security; or
       ``(bb) is a flight risk, which cannot be mitigated through 
     other conditions of release, such as bond or secure 
     alternatives, that would reasonably ensure that the alien 
     would appear for immigration proceedings.

       ``(II) Notice.--The Secretary of Homeland Security shall 
     provide every alien and the alien's legal representative with 
     written notification of the parole decision, including a 
     brief explanation of the reasons for any decision to deny 
     parole. The notification should be communicated to the alien 
     orally or in writing, in a language the alien claims to 
     understand.''.

     SEC. 10. CONDITIONS OF DETENTION.

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

[[Page S2154]]

       (3) Written policies.--Detention facilities shall--
       (A) adopt written policies pertaining to the use of force 
     and restraints; and
       (B) train all staff on the proper use of such techniques 
     and devices.

     SEC. 11. TIMELY NOTICE OF IMMIGRATION CHARGES.

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

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

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

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

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

     SEC. 14. REFUGEE OPPORTUNITY PROMOTION.

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

     SEC. 15. PROTECTIONS FOR MINORS SEEKING ASYLUM.

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

     SEC. 16. LEGAL ASSISTANCE FOR REFUGEES AND ASYLEES.

       Section 412(c)(1)(A) of the Immigration and Nationality Act 
     (8 U.S.C. 1522(c)(1)(A)) is amended--

[[Page S2155]]

       (1) in clause (ii), by striking ``and'' at an end;
       (2) by redesignating clause (iii) as clause (iv); and
       (3) by inserting after clause (ii) the following:
       ``(iii) to provide legal services for refugees to assist 
     them in obtaining immigration benefits for which they are 
     eligible; and''.

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

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

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

       ``(a) Defined Term.--
       ``(1) In general.--In this section, the term `de jure 
     stateless person' means an individual who is not considered a 
     national under the laws of any country. Individuals who have 
     lost their nationality as a result of their voluntary action 
     or knowing inaction after arrival in the United States shall 
     not be considered de jure stateless persons.
       ``(2) Designation of specific de jure groups.--The 
     Secretary of Homeland Security, in consultation with the 
     Secretary of State, may, in the discretion of the Secretary, 
     designate specific groups of individuals who are considered 
     de jure stateless persons, for purposes of this section.
       ``(b) Mechanisms for Regularizing the Status of Stateless 
     Persons.--
       ``(1) Relief for individuals determined to be de jure 
     stateless persons.--The Secretary of Homeland Security or the 
     Attorney General may, in his or her discretion, provide 
     conditional lawful status to an alien who is otherwise 
     inadmissible or deportable from the United States if the 
     alien--
       ``(A) is a de jure stateless person;
       ``(B) applies for such relief;
       ``(C) is not inadmissible under paragraph (2) or (3) of 
     section 212(a); and
       ``(D) is not described in section 241(b)(3)(B)(i).
       ``(2) Waivers.--The provisions under paragraphs (4), (5), 
     (6)(A), (7)(A), and (9) of section 212(a) shall not be 
     applicable to any alien seeking relief under paragraph (1). 
     The Secretary of Homeland Security or the Attorney General 
     may waive any other provision of such section (other than 
     paragraph (2)(C) or subparagraph (A), (B), (C), or (E) of 
     paragraph (3)) with respect to such an alien for humanitarian 
     purposes, to assure family unity, or if it is otherwise in 
     the public interest.
       ``(3) Submission of passport or travel document.--Any alien 
     who seeks relief under this section shall submit to the 
     Secretary of Homeland Security or the Attorney General--
       ``(A) any passport or travel document issued at any time to 
     the alien (whether or not the passport or document has 
     expired or been cancelled, rescinded, or revoked); or
       ``(B) an affidavit, sworn under penalty of perjury--
       ``(i) stating that the alien has never been issued a 
     passport or travel document; or
       ``(ii) identifying with particularity any such passport or 
     travel document and explaining why the alien cannot submit 
     it.
       ``(4) Work authorization.--The Secretary of Homeland 
     Security may--
       ``(A) authorize an alien who has applied for relief under 
     paragraph (1) to engage in employment in the United States 
     while such application is being considered; and
       ``(B) provide such applicant with an employment authorized 
     endorsement or other appropriate document signifying 
     authorization of employment.
       ``(5) Treatment of spouse and children.--The spouse or 
     child of an alien who has been granted conditional lawful 
     status under paragraph (1) shall, if not otherwise eligible 
     for admission under paragraph (1), be granted conditional 
     lawful status under this section if accompanying, or 
     following to join, such alien if--
       ``(A) the spouse or child is admissible (except as 
     otherwise provided in paragraph (2)); and
       ``(B) the qualifying relationship to the principal 
     beneficiary existed on the date on which such alien was 
     granted conditional lawful status.
       ``(c) Adjustment of Status.--
       ``(1) Inspection and examination.--At the end of the 5-year 
     period beginning on the date on which an alien has been 
     granted conditional lawful status under subsection (b), the 
     alien may apply for lawful permanent residence in the United 
     States if--
       ``(A) the alien has been physically present in the United 
     States for at least 5 years;
       ``(B) the alien's conditional lawful status has not been 
     terminated by the Secretary of Homeland Security or the 
     Attorney General, pursuant to such regulations as the 
     Secretary or the Attorney General may prescribe; and
       ``(C) the alien has not otherwise acquired permanent 
     resident status.
       ``(2) Requirements for adjustment of status.--The Secretary 
     of Homeland Security or the Attorney General, under such 
     regulations as the Secretary or the Attorney General may 
     prescribe, may adjust the status of an alien granted 
     conditional lawful status under subsection (b) to that of an 
     alien lawfully admitted for permanent residence if such 
     alien--
       ``(A) is a de jure stateless person;
       ``(B) properly applies for such adjustment of status;
       ``(C) has been physically present in the United States for 
     at least 5 years after being granted conditional lawful 
     status under subsection (b);
       ``(D) is not firmly resettled in any foreign country; and
       ``(E) is admissible (except as otherwise provided under 
     subsection (b)(2)) as an immigrant under this chapter at the 
     time of examination of such alien for adjustment of status.
       ``(3) Record.--Upon approval of an application under this 
     subsection, the Secretary of Homeland Security or the 
     Attorney General shall establish a record of the alien's 
     admission for lawful permanent residence as of the date that 
     is 5 years before the date of such approval.
       ``(d) Proving the Claim.--In determining an alien's 
     eligibility for lawful conditional status or adjustment of 
     status under this subsection, the Secretary of Homeland 
     Security or the Attorney General shall consider any credible 
     evidence relevant to the application. The determination of 
     what evidence is credible and the weight to be given that 
     evidence shall be within the sole discretion of the Secretary 
     or the Attorney General.
       ``(e) Review.--
       ``(1) Administrative review.--No appeal shall lie from the 
     denial of an application by the Secretary, but such denial 
     will be without prejudice to the alien's right to renew the 
     application in proceedings under section 240.
       ``(2) Motions to reopen.--Notwithstanding any limitation 
     imposed by law on motions to reopen removal, deportation, or 
     exclusion proceedings, any individual who is eligible for 
     relief under this section may file a motion to reopen removal 
     or deportation proceedings in order to apply for relief under 
     this section. Any such motion shall be filed not later than 
     the later of--
       ``(A) 2 years after the date of the enactment of the 
     Refugee Protection Act of 2013; or
       ``(B) 90 days after the date of entry of a final 
     administrative order of removal, deportation, or exclusion.
       ``(f) Limitation.--
       ``(1) Applicability.--The provisions of this section shall 
     only apply to aliens present in the United States.
       ``(2) Savings provision.--Nothing in this section may be 
     construed to authorize or require--
       ``(A) the admission of any alien to the United States;
       ``(B) the parole of any alien into the United States; or
       ``(C) the grant of any motion to reopen or reconsider filed 
     by an alien after departure or removal from the United 
     States.''.
       (b) Judicial Review.--Section 242(a)(2)(B)(ii) of the 
     Immigration and Nationality Act (8 U.S.C. 1252(a)(2)(B)(ii)) 
     is amended by inserting ``or 210A'' after ``208(a)''.
       (c) Clerical Amendment.--The table of contents for the 
     Immigration and Nationality Act is amended by inserting after 
     the item relating to section 210 the following:

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

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

       (a) In General.--Section 207(c)(1) of the Immigration and 
     Nationality Act (8 U.S.C. 1157(c)(1)) is amended--
       (1) by inserting ``(A)'' before ``Subject to the numerical 
     limitations''; and
       (2) by adding at the end the following:
       ``(B)(i) The President, upon a recommendation of the 
     Secretary of State made in consultation with the Secretary of 
     Homeland Security, and after appropriate consultation, may 
     designate specifically defined groups of aliens--
       ``(I) whose resettlement in the United States is justified 
     by humanitarian concerns or is otherwise in the national 
     interest; and
       ``(II) who--
       ``(aa) share common characteristics that identify them as 
     targets of persecution on account of race, religion, 
     nationality, membership in a particular social group, or 
     political opinion or of other serious harm; or
       ``(bb) having been identified as targets as described in 
     item (aa), share a common need for resettlement due to a 
     specific vulnerability.
       ``(ii) An alien who establishes membership in a group 
     designated under clause (i) to the satisfaction of the 
     Secretary of Homeland Security shall be considered a refugee 
     for purposes of admission as a refugee under this section 
     unless the Secretary determines that such alien ordered, 
     incited, assisted, or otherwise participated in the 
     persecution of any person on account of race, religion, 
     nationality, membership in a particular social group, or 
     political opinion.
       ``(iii) A designation under clause (i)--
       ``(I) may be revoked by the President at any time after 
     notification to Congress;
       ``(II) if not revoked under subclause (I), shall expire at 
     the end of the fiscal year; and
       ``(III) may be renewed by the President after appropriate 
     consultation.
       ``(iv) Categories of aliens established under section 599D 
     of Public Law 101-167 (8 U.S.C. 1157 note)--
       ``(I) shall be designated under clause (i) until the end of 
     the first fiscal year commencing after the date of the 
     enactment of the Refugee Protection Act of 2013; and
       ``(II) shall be eligible for designation thereafter at the 
     discretion of the President.
       ``(v) An alien's admission under this subparagraph shall 
     count against the refugee admissions goal under subsection 
     (a).

[[Page S2156]]

       ``(vi) A designation under clause (i) shall not influence 
     decisions to grant, to any alien, asylum under section 208, 
     protection under section 241(b)(3), or protection under the 
     Convention Against Torture and Other Cruel, Inhuman or 
     Degrading Treatment or Punishment, done at New York December 
     10, 1984.''.
       (b) Written Reasons for Denials of Refugee Status.--Each 
     decision to deny an application for refugee status of an 
     alien who is within a category established under section 
     207(c)(1)(B) of the Immigration and Nationality Act, as added 
     by subsection (a) shall be in writing and shall state, to the 
     maximum extent feasible, the reason for the denial.
       (c) Effective Date.--The amendments made by subsection (a) 
     shall take effect on the first day of the first fiscal year 
     that begins after the date of the enactment of this Act.

     SEC. 19. MULTIPLE FORMS OF RELIEF.

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

     SEC. 20. PROTECTION OF REFUGEE FAMILIES.

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

     SEC. 21. REFORM OF REFUGEE CONSULTATION PROCESS.

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

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

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

     SEC. 23. UPDATE OF RECEPTION AND PLACEMENT GRANTS.

       Beginning with fiscal year 2014, not later than 30 days 
     before the beginning of each fiscal year, the Secretary shall 
     notify Congress of the amount of funds that the Secretary 
     will provide in its Reception and Placement Grants in the 
     coming fiscal year. In setting the amount of such grants each 
     year, the Secretary shall ensure that--
       (1) the grant amount is adjusted so that it is adequate to 
     provide for the anticipated initial resettlement needs of 
     refugees, including adjusting the amount for inflation and 
     the cost of living;
       (2) an amount is provided at the beginning of the fiscal 
     year to each national resettlement agency that is sufficient 
     to ensure adequate local and national capacity to serve the 
     initial resettlement needs of refugees the Secretary 
     anticipates the agency will resettle throughout the fiscal 
     year; and
       (3) additional amounts are provided to each national 
     resettlement agency promptly upon the arrival of refugees 
     that, exclusive of the amounts provided pursuant to paragraph 
     (2), are sufficient to meet the anticipated initial 
     resettlement needs of such refugees and support local and 
     national operational costs in excess of the estimates 
     described in paragraph (1).

     SEC. 24. PROTECTION FOR ALIENS INTERDICTED AT SEA.

       Section 241(b)(3) of the Immigration and Nationality Act (8 
     U.S.C. 1231(b)(3)) is amended--
       (1) in the paragraph heading, by striking ``to a country 
     where alien's life or freedom would be threatened'' and 
     inserting ``or return if refugee's life or freedom would be 
     threatened or alien would be subjected to torture'';

[[Page S2157]]

       (2) in subparagraph (A)--
       (A) by striking ``Notwithstanding'' and inserting the 
     following:
       ``(i) Life or freedom threatened.--Notwithstanding''; and
       (B) by adding at the end the following:
       ``(ii) Asylum interview.--Notwithstanding paragraphs (1) 
     and (2), a United States officer may not return any alien 
     interdicted or otherwise encountered in international waters 
     or United States waters who has expressed a fear of return to 
     his or her country of departure, origin, or last habitual 
     residence--

       ``(I) until such alien has had the opportunity to be 
     interviewed by an asylum officer to determine whether that 
     alien has a well-founded fear of persecution because of the 
     alien's race, religion, nationality, membership in a 
     particular social group, or political opinion, or because the 
     alien would be subject to torture in that country; or
       ``(II) if an asylum officer has determined that the alien 
     has such a well-founded fear of persecution or would be 
     subject to torture in his or her country of departure, 
     origin, or last habitual residence.'';

       (3) by redesignating subparagraphs (B) and (C) as 
     subparagraphs (C) and (D), respectively; and
       (4) by inserting after subparagraph (A) the following:
       ``(B) Protections for aliens interdicted in international 
     or united states waters.--The Secretary of Homeland Security 
     shall issue regulations establishing a uniform procedure 
     applicable to all aliens interdicted in international or 
     United States waters that--
       ``(i) provides each alien--

       ``(I) a meaningful opportunity to express, through a 
     translator who is fluent in a language the alien claims to 
     understand, a fear of return to his or her country of 
     departure, origin, or last habitual residence; and
       ``(II) in a confidential setting and in a language the 
     alien claims to understand, information concerning the 
     alien's interdiction, including the ability to inform United 
     States officers about any fears relating to the alien's 
     return or repatriation;

       ``(ii) provides each alien expressing such a fear of return 
     or repatriation a confidential interview conducted by an 
     asylum officer, in a language the alien claims to understand, 
     to determine whether the alien's return to his or her country 
     of origin or country of last habitual residence is prohibited 
     because the alien has a well-founded fear of persecution--

       ``(I) because of the alien's race, religion, nationality, 
     membership in a particular social group, or political 
     opinion; or
       ``(II) because the alien would be subject to torture in 
     that country;

       ``(iii) ensures that each alien can effectively communicate 
     with United States officers through the use of a translator 
     fluent in a language the alien claims to understand; and
       ``(iv) provides each alien who, according to the 
     determination of an asylum officer, has a well-founded fear 
     of persecution for the reasons specified in clause (ii) or 
     would be subject to torture, an opportunity to seek 
     protection in--

       ``(I) a country other than the alien's country of origin or 
     country of last habitual residence in which the alien has 
     family or other ties that will facilitate resettlement; or
       ``(II) if the alien has no such ties, a country that will 
     best facilitate the alien's resettlement, which may include 
     the United States.''.

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

       (a) In General.--Section 1059(e)(1) of the National Defense 
     Authorization Act for Fiscal Year 2006 (Public Law 109-163; 8 
     U.S.C. 1101 note) is amended to read as follows:
       ``(1) In general.--
       ``(A) Continuous residence.--An absence from the United 
     States described in paragraph (2) shall not be considered to 
     break any period for which continuous residence in the United 
     States is required for naturalization under title III of the 
     Immigration and Nationality Act (8 U.S.C. 1401 et seq.).
       ``(B) Physical presence.--In the case of a lawful permanent 
     resident, for an absence from the United States described in 
     paragraph (2), the time spent outside of the United States in 
     the capacity described in paragraph (2) shall be counted 
     towards the accumulation of the required physical presence in 
     the United States.''.
       (b) Effective Date.--The amendment made by subsection (a) 
     shall take effect as if included in the amendment made by 
     section 1(c)(2) of the Act entitled ``An Act to increase the 
     number of Iraqi and Afghani translators and interpreters who 
     may be admitted to the United States as special immigrants, 
     and for other purposes'', approved June 15, 2007 (Public Law 
     110-36; 121 Stat. 227).

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

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

     SEC. 27. REFUGEE ASSISTANCE.

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

     SEC. 28. RESETTLEMENT DATA.

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

[[Page S2158]]

       (d) Data on Refugee Employment and Self-sufficiency.--The 
     Assistant Secretary shall gather longitudinal information 
     relating to refugee self-sufficiency and employment status 
     for 2-year period beginning 1 year after the refugee's 
     arrival.
       (e) Availability of Data.--The Assistant Secretary shall 
     annually--
       (1) update the data collected under this section; and
       (2) submit a report to Congress that contains the updated 
     data.

     SEC. 29. PROTECTIONS FOR REFUGEES.

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

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

       (a) Extension of Eligibility Period.--
       (1) In general.--Section 402(a)(2)(M)(i) of the Personal 
     Responsibility and Work Opportunity Reconciliation Act of 
     1996 (8 U.S.C. 1612(a)(2)(M)(i)) is amended--
       (A) in subclause (I), by striking ``9-year'' and inserting 
     ``10-year''; and
       (B) in subclause (II), by striking ``2-year'' and inserting 
     ``3-year''.
       (2) Conforming amendment.--The heading for section 
     402(a)(2)(M)(i) of such Act is amended by striking ``Two-year 
     extension'' and inserting ``Extension''.
       (3) Effective date.--The amendments made by this subsection 
     take effect on October 1, 2013.
       (b) Extension of Period for Collection of Unemployment 
     Compensation Debts Resulting From Fraud.--Paragraph (8) of 
     section 6402(f) of the Internal Revenue Code of 1986 
     (relating to collection of unemployment compensation debts 
     resulting from fraud) is amended by striking ``10 years'' and 
     inserting ``10 years and 2 months''.

     SEC. 31. AUTHORIZATION OF APPROPRIATIONS.

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

     SEC. 32. DETERMINATION OF BUDGETARY EFFECTS.

       The budgetary effects of this Act, for the purpose of 
     complying with the Statutory Pay-As-You-Go Act of 2010 
     (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.
                                 ______