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[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[S. 5353 Introduced in Senate (IS)]

<DOC>

117th CONGRESS
  2d Session
                                S. 5353

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

_______________________________________________________________________

                   IN THE SENATE OF THE UNITED STATES

                           December 21, 2022

   Mr. Leahy introduced the following bill; which was read twice and 
               referred to the Committee on the Judiciary

_______________________________________________________________________

                                 A BILL

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

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

SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

    (a) Short Title.--This Act may be cited as the ``Refugee Protection 
Act of 2022''.
    (b) Table of Contents.--The table of contents for this Act is as 
follows:

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

                Subtitle A--Refugees and Asylum Seekers

Sec. 1101. Modification of definition of refugee.
Sec. 1102. Multiple forms of relief available to refugees and asylum 
                            seekers.
Sec. 1103. Elimination of time limits on asylum applications.
Sec. 1104. Safe third country exception.
Sec. 1105. Consideration of asylum claims.
Sec. 1106. Transparency in refugee determinations.
Sec. 1107. Authority to designate certain groups of refugees from 
                            countries of particular concern and 
                            admission of refugees in emergency 
                            situations.
Sec. 1108. Employment authorization for asylum seekers and other 
                            individuals.
Sec. 1109. Admission of refugees and asylees as lawful permanent 
                            residents.
Sec. 1110. Complementary protection.
Sec. 1111. Internal relocation.
Sec. 1112. Firm resettlement.
           Subtitle B--Protections for Children and Families

Sec. 1201. Keeping families together.
Sec. 1202. Protections for minors seeking asylum.
Sec. 1203. Fair day in court for kids.
        Subtitle C--Protections for Other Vulnerable Individuals

                    Chapter 1--Stateless Protection

Sec. 1311. Protection of stateless persons in the United States.
Sec. 1312. Prevention of statelessness.
                      Chapter 2--Other Individuals

Sec. 1321. Protecting victims of terrorism from being defined as 
                            terrorists.
Sec. 1322. Protection for aliens interdicted at sea.
Sec. 1323. Enhanced protection for individuals seeking U visas, T 
                            visas, and protection under VAWA.
Subtitle D--Protections Relating to Removal, Detention, and Prosecution

Sec. 1401. Prevention of erroneous in absentia orders of removal.
Sec. 1402. Scope and standard for review of removal orders.
Sec. 1403. Presumption of liberty for asylum seekers.
Sec. 1404. Procedures for ensuring accuracy and verifiability of sworn 
                            statements taken pursuant to expedited 
                            removal authority.
Sec. 1405. Inspections by immigration officers.
Sec. 1406. Study on effect on asylum claims of expedited removal 
                            provisions, practices, and procedures.
Sec. 1407. Alignment with Refugee Convention obligations by prohibiting 
                            criminal prosecution of refugees.
                    Subtitle E--Refugee Resettlement

Sec. 1501. Sense of Congress on coordination of refugee program 
                            agencies.
                     Chapter 1--Refugee Admissions

Sec. 1511. Numerical goals for annual refugee admissions.
Sec. 1512. Reform of refugee admissions consultation process.
Sec. 1513. United States emergency refugee resettlement contingency 
                            fund.
Sec. 1514. Complementary pathways.
              Chapter 2--Resettlement Program and Support

Sec. 1521. Elevation of Office of Refugee Resettlement.
Sec. 1522. Refugee resettlement; radius requirements.
Sec. 1523. Study and report on contributions by refugees to the United 
                            States.
Sec. 1524. Update of reception and placement grants.
Sec. 1525. Subsidy reception and placement grant to support 
                            unanticipated economic and public health 
                            needs.
Sec. 1526. Resettlement data.
Sec. 1527. Refugee assistance.
Sec. 1528. Stabilizing resettlement site capacity for volunteer 
                            coordination, housing coordination, and AOR 
                            processing.
Sec. 1529. Community partnerships, civic engagement, and refugee 
                            leadership development.
               Chapter 3--Access to Services and Benefits

Sec. 1531. Extension of eligibility period for Social Security benefits 
                            for certain refugees.
Sec. 1532. In-State tuition rates for refugees, asylees, and certain 
                            special immigrants.
            Chapter 4--Training, Orientation, and Inclusion

Sec. 1541. Pre-departure training for approved refugee applicants.
Sec. 1542. Domestic refugee resettlement programs on digital and 
                            financial literacy; housing and 
                            transportation access.
Sec. 1543. Study and report on digital literacy, equity, and inclusion 
                            among refugees in the United States.
 Chapter 5--Domestic Refugee Resettlement Reform and Modernization Act

Sec. 1551. Short title.
Sec. 1552. Definitions.
Sec. 1553. Assessment of refugee domestic resettlement programs.
Sec. 1554. Guidance regarding refugee placement decisions.
             Chapter 6--Overseas Processing and Preparation

Sec. 1561. Refugee biometric data and reporting.
Sec. 1562. Prioritization of family reunification in refugee 
                            resettlement process.
Sec. 1563. Priority 3 family reunification cases.
Sec. 1564. Creating a Roving Resettlement Support Center.
              Subtitle F--Authorization of Appropriations

Sec. 1601. Authorization of appropriations.
  TITLE II--REFUGEE AND ASYLUM SEEKER PROCESSING IN WESTERN HEMISPHERE

Sec. 2101. Expansion of refugee and asylum seeker processing.
Sec. 2102. Strengthening regional humanitarian responses.
Sec. 2103. Information campaign on dangers of irregular migration.
Sec. 2104. Reporting requirement.
Sec. 2105. Identification, screening, and processing of refugees and 
                            other individuals eligible for lawful 
                            admission to the United States.
Sec. 2106. Central American refugee program.
Sec. 2107. Central American Minors Program.
Sec. 2108. Central American Family Reunification Parole Program.
Sec. 2109. Informational campaign; case status hotline.
               TITLE III--SPECIAL IMMIGRANT VISA PROGRAMS

Sec. 3101. Special immigrant visa program reporting requirement.
Sec. 3102. Inclusion of certain special immigrants in the annual 
                            refugee survey.
                      TITLE IV--NONDISCRIMINATION

Sec. 4101. Expansion of nondiscrimination provision.
Sec. 4102. Transfer and limitations on authority to suspend or restrict 
                            the entry of a class of aliens.
Sec. 4103. Visa applicants report.
                      TITLE V--GENERAL PROVISIONS

Sec. 5101. Authorization of appropriations.
Sec. 5102. Determination of budgetary effects.

SEC. 2. FINDINGS; SENSE OF CONGRESS.

    (a) Findings.--Congress makes the following findings:
            (1) In 2022, the world is in the midst of the worst global 
        displacement crisis in history, with more than 103,000,000 
        forcibly displaced persons, including more than 32,500,000 
        refugees worldwide, nearly half of whom are children, according 
        to estimates from the United Nations High Commissioner for 
        Refugees.
            (2) In 2023, the United Nations High Commissioner for 
        Refugees estimates that global resettlement needs will 
        significantly increase to 2,003,982 individuals, as compared to 
        2022--
                    (A) in which 1,473,156 individuals were estimated 
                to be in need of third-country resettlement; and
                    (B) during the first 6 months of which 42,300 
                individuals were resettled worldwide.
            (3) The United States refugee admissions program is a life-
        saving solution that--
                    (A) is critical to global humanitarian efforts;
                    (B) strengthens global security;
                    (C) leverages United States foreign policy 
                interests, including diplomatic and strategic interests 
                of supporting allies who often host a significant and 
                disproportionate share of refugees per capita; and
                    (D) stabilizes sensitive regions impacted by forced 
                migration by ensuring that the United States shares 
                responsibility for global refugee protection;
                    (E) leverages refugee resettlement in the United 
                States to encourage other countries to uphold the human 
                rights of refugees, including by ensuring that 
                refugees--
                            (i) have the right to work, the right to an 
                        education, and freedom of movement; and
                            (ii) are not returned to a place in which 
                        their life or freedom is at risk;
                    (F) serves individuals and families in need of 
                resettlement;
                    (G) provides economic and cultural benefits to 
                cities, States, and the United States as a whole; and
                    (H) aligns with the international obligations of 
                the United States, including under--
                            (i) the Convention Relating to the Status 
                        of Refugees, done at Geneva July 28, 1951 (as 
                        made applicable by the Protocol Relating to the 
                        Status of Refugees, done at New York January 
                        31, 1967 (19 UST 6223)), of which the United 
                        States is a party;
                            (ii) the Convention against Torture and 
                        Other Cruel, Inhuman or Degrading Treatment or 
                        Punishment, done at New York December 10, 1984, 
                        of which the United States is a party;
                            (iii) the Convention relating to the Status 
                        of Stateless Persons, done at New York 
                        September 28, 1954; and
                            (iv) the Convention on the Reduction of 
                        Statelessness, done at New York August 30, 
                        1961.
            (4) The United States has historically been, and should 
        continue to be, a global leader in--
                    (A) responding to displacement crises around the 
                world, including through the provision of robust 
                humanitarian support;
                    (B) promoting the safety, health, and well-being of 
                refugees and displaced persons;
                    (C) welcoming asylum seekers who seek safety and 
                protecting other at-risk migrants, including survivors 
                of torture, victims of trafficking, climate displaced 
                persons, and stateless people; and
                    (D) working alongside other countries to strengthen 
                protection systems and support.
            (5) The United States has steadily reduced access to asylum 
        protection through administrative policy and programmatic 
        changes, including policies and operational decisions aimed at 
        reducing or stopping the ability of asylum seekers to access 
        the United States border.
            (6) Refugees are--
                    (A) the most vetted travelers to enter the United 
                States; and
                    (B) subject to extensive screening checks, 
                including in-person interviews, biometric data checks, 
                and multiple interagency checks.
            (7) For the sake of refugees, asylum seekers, other 
        migrants, United States national diplomatic and strategic 
        interests, and local communities that benefit from the presence 
        of refugees, asylees, and other migrants, it is crucial for the 
        United States to better protect refugees and asylum seekers 
        through reforms, including--
                    (A) asylum reforms that ensure access to territory 
                and due process;
                    (B) reforms to border migration enforcement, 
                management, and adjudication systems that integrate 
                stronger protection of, and ensure due process for, 
                asylum seekers, children, victims of trafficking, 
                climate displaced persons, stateless people, and other 
                migrants, including--
                            (i) community-based alternatives to 
                        detention for asylum seekers and other 
                        vulnerable migrants;
                            (ii) improved detention conditions and 
                        reduced reliance on immigrant detention;
                            (iii) monitoring to ensure fairness in the 
                        arrest and adjudication process;
                            (iv) increased access to legal information 
                        and representation; and
                            (v) a stronger commitment to child welfare 
                        in staffing and processes; and
                    (C) refugee reforms that--
                            (i) ensure that the United States meets the 
                        annual refugee admissions goal;
                            (ii) prevent refugee policy that 
                        discriminates based on race or religion;
                            (iii) improve opportunities for refugees to 
                        achieve family unity; and
                            (iv) update and strengthen support for 
                        refugees and the communities that welcome 
                        refugees.
            (8) The people of the United States, and communities across 
        the United States, overwhelmingly support refugees and asylum 
        seekers, including people of faith, members of the Armed 
        Forces, veterans, elected officials, and retired high-ranking 
        officials.
    (b) Sense of Congress.--It is the sense of Congress that--
            (1) the global refugee crisis is dire and requires 
        international and regional cooperation and action; and
            (2) the United States should--
                    (A) assert strong leadership in multilateral fora, 
                such as the United Nations, by collaborating and 
                cooperating with other countries and international and 
                regional organizations to develop a comprehensive and 
                coordinated response to the global refugee crisis; and
                    (B) exercise leadership in efforts to address the 
                global refugee crisis, including through participation 
                in the Global Refugee Forum.

SEC. 3. DEFINITIONS.

    In this Act:
            (1) Asylum seeker.--
                    (A) In general.--The term ``asylum seeker'' means--
                            (i) any applicant for asylum under section 
                        208 of the Immigration and Nationality Act (8 
                        U.S.C. 1158);
                            (ii) any alien who indicates--
                                    (I) an intention to apply for 
                                asylum under that section; or
                                    (II) a fear of persecution; or
                                    (III) a fear of return because of a 
                                threat to life or physical or mental 
                                integrity; and
                            (iii) any alien who indicates--
                                    (I) an intention to apply for 
                                withholding of removal pursuant to--
                                            (aa) section 241 of the 
                                        Immigration and Nationality Act 
                                        (8 U.S.C. 1231); or
                                            (bb) the Convention against 
                                        Torture and Other Cruel, 
                                        Inhuman or Degrading Treatment 
                                        or Punishment, done at New York 
                                        December 10, 1984; or
                                    (II) a fear that the alien's life 
                                or freedom would be threatened.
                    (B) Inclusion.--The term ``asylum seeker'' includes 
                any individual described in subparagraph (A) whose 
                application for asylum or withholding of removal is 
                pending judicial review.
                    (C) Exclusion.--The term ``asylum seeker'' does not 
                include an individual with respect to whom a final 
                order denying asylum and withholding of removal has 
                been entered if such order is not pending judicial 
                review.
            (2) Best interest determination.--The term ``best interest 
        determination'' means a formal process with procedural 
        safeguards designed to give primary consideration to a child's 
        best interests in decision making.
            (3) Department.--The term ``Department'' means the 
        Department of Homeland Security.
            (4) Internally displaced persons.--The term ``internally 
        displaced persons'' means persons or a group of persons who 
        have been forced to leave their homes or places of habitual 
        residence, in particular due to armed conflict, generalized 
        violence, violations of human rights, or natural or human-made 
        disasters, and who have not crossed an internationally 
        recognized state border.
            (5) International protection.--The term ``international 
        protection'' means asylum status, refugee status, protection 
        under the Convention against Torture and Other Cruel, Inhuman 
        or Degrading Treatment or Punishment, done at New York December 
        10, 1984, and other regional protection status available in the 
        Western Hemisphere.
            (6) Secretary.--The term ``Secretary'' means the Secretary 
        of Homeland Security.

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

                Subtitle A--Refugees and Asylum Seekers

SEC. 1101. MODIFICATION OF DEFINITION OF REFUGEE.

    (a) In General.--Section 101(a)(42) of the Immigration and 
Nationality Act (8 U.S.C. 1101(a)(42)) is amended to read as follows:
    ``(42)(A) The term `refugee' means any person who--
            ``(i)(I) is outside any country of such person's 
        nationality or, in the case of a person having no nationality, 
        is outside any country in which such person last habitually 
        resided; and
            ``(II) is unable or unwilling to return to, and is unable 
        or unwilling to avail himself or herself of the protection of, 
        that country because of persecution, or a well-founded fear of 
        persecution, on account of race, religion, nationality, 
        membership in a particular social group, or political opinion; 
        or
            ``(ii) in such circumstances as the President may specify, 
        after appropriate consultation (as defined in section 207(e))--
                    ``(I) is within the country of such person's 
                nationality or, in the case of a person having no 
                nationality, within the country in which such person is 
                habitually residing; and
                    ``(II) is persecuted, or who has a well-founded 
                fear of persecution, on account of race, religion, 
                nationality, membership in a particular social group, 
                or political opinion.
    ``(B) The term `refugee' does not include any person who ordered, 
incited, assisted, or otherwise participated in the persecution of any 
person on account of race, religion, nationality, membership in a 
particular social group, or political opinion. A person who establishes 
that his or her actions were committed under duress or while the person 
was younger than 18 years of age shall not be considered to have 
ordered, incited, assisted, or otherwise participated in persecution 
under this subparagraph.
    ``(C) The term `political opinion' refers to any expression of 
support for or dissent from, or imputed support for or dissent from, a 
practice, policy, or ideology of a government entity or of a nonstate 
group or actor.
    ``(D) For purposes of determinations under this Act--
            ``(i) a person who has been forced to abort a pregnancy or 
        to undergo involuntary sterilization, or who has been 
        persecuted for failure or refusal to undergo such a procedure 
        or for other resistance to a coercive population control 
        program, shall be deemed to have been persecuted on account of 
        political opinion;
            ``(ii) a person who has a well-founded fear that he or she 
        will be forced to undergo such a procedure or be subject to 
        persecution for such failure, refusal, or resistance shall be 
        deemed to have a well-founded fear of persecution on account of 
        political opinion;
            ``(iii) the term `particular social group' means, without 
        any additional requirement not listed below, any group whose 
        members--
                    ``(I) share--
                            ``(aa) a characteristic that is immutable 
                        or fundamental to identity, conscience, or the 
                        exercise of human rights; or
                            ``(bb) a past experience or voluntary 
                        association that, due to its historical nature, 
                        cannot be changed; or
                    ``(II) are perceived as a group by society; and
            ``(iv) a particular social group can be cognizable 
        regardless of the number of members who belong to the group.
    ``(E)(i) The burden of proof shall be on the applicant to establish 
that the applicant is a refugee.
    ``(ii) To establish that the applicant is a refugee, persecution--
            ``(I) shall be on account of race, religion, nationality, 
        membership in a particular social group, or political opinion; 
        and
            ``(II) may be established by demonstrating that--
                    ``(aa) a protected ground is at least one reason 
                for the applicant's persecution or fear of persecution;
                    ``(bb) the persecution or feared persecution would 
                not have occurred or would not occur in the future but 
                for a protected ground; or
                    ``(cc) the persecution or feared persecution had or 
                will have the effect of harming the person because of a 
                protected ground.
    ``(F) Where past or feared persecution by a nonstate actor is 
unrelated to a protected asylum ground, the causal nexus link is 
established if the state's failure to protect the asylum applicant from 
the nonstate actor is on account of a protected asylum ground.''.
    (b) Conforming Amendment.--Section 208(b)(1) of the Immigration and 
Nationality Act (8 U.S.C. 1158(b)(1)) is amended by striking ``section 
101(a)(42)(A)'' each place such term appears and inserting ``section 
101(a)(42)(A)(i)''.

SEC. 1102. MULTIPLE FORMS OF RELIEF AVAILABLE TO REFUGEES AND ASYLUM 
              SEEKERS.

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

SEC. 1103. 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)'';
            (5) by inserting after subparagraph (B), as redesignated, 
        the following:
                    ``(C) Changed circumstances.--Notwithstanding 
                subparagraph (B), an application for asylum of an alien 
                may be considered if the alien demonstrates, to the 
                satisfaction of the Attorney General or the Secretary 
                of Homeland Security, the existence of changed 
                circumstances that materially affect the applicant's 
                eligibility for asylum.
                    ``(D) Motion to reopen certain meritorious 
                claims.--
                            ``(i) In general.--Not later than 1 year 
                        after the date of the enactment of this 
                        subparagraph, the Secretary of Homeland 
                        Security shall provide to each individual 
                        described in clause (ii), in the best language 
                        of such individual--
                                    ``(I) notice of their eligibility 
                                for asylum; and
                                    ``(II) guidance with respect to 
                                filing a motion to reopen their 
                                immigration case in order to be granted 
                                asylum.
                            ``(ii) Individual described.--An individual 
                        described in this clause is an individual who--
                                    ``(I) was denied asylum based 
                                solely on a failure to meet the 1-year 
                                application filing deadline in effect 
                                on the date on which the application 
                                was filed;
                                    ``(II) was granted withholding of 
                                removal to the alien's country of 
                                nationality (or, in the case of a 
                                person having no nationality, to the 
                                country of last habitual residence) 
                                under section 241(b)(3);
                                    ``(III) has not obtained lawful 
                                permanent residence in the United 
                                States pursuant to any other provision 
                                of law; and
                                    ``(IV)(aa) is not subject to the 
                                safe third country exception under 
                                subparagraph (A) or to a bar to asylum 
                                under subsection (b)(2); and
                                    ``(bb) was not denied asylum as a 
                                matter of discretion.
                            ``(iii) Date of grant.--
                                    ``(I) Adjustment of status.--For 
                                purposes of applications for adjustment 
                                of status submitted by an individual 
                                described in clause (ii) who was 
                                granted after the date of the enactment 
                                of this subparagraph, an individual 
                                granted asylum under this subsection 
                                shall be considered to have been so 
                                granted on the date on which the 
                                individual was granted withholding of 
                                removal under section 241(b)(3).
                                    ``(II) Petitions for relatives.--An 
                                individual granted asylum under this 
                                subsection may, during the 2-year 
                                period beginning on the date on which 
                                the individual is granted asylum under 
                                this subsection, submit a petition for 
                                the admission of a spouse or child who 
                                is accompanying or following to 
                                join.''; and
            (6) by adding at the end the following:
                    ``(F) Other motions to reopen.--Notwithstanding 
                section 240(c)(7), an individual who was denied asylum 
                may file a motion to reopen an asylum claim during the 
                2-year period beginning on the date of the enactment of 
                this subparagraph if the individual was denied asylum 
                based solely on the implementation of--
                            ``(i) the policy memorandum of the U.S. 
                        Citizenship and Immigration Services entitled 
                        `Guidance for Processing Reasonable Fear, 
                        Credible Fear, Asylum, and Refugee Claims in 
                        Accordance with Matter of A-B-' (PM-602-0162), 
                        dated July 11, 2018;
                            ``(ii) the memorandum of the Office of the 
                        Principal Legal Advisor of U.S. Immigration and 
                        Customs Enforcement entitled `Litigating 
                        Domestic Violence-Based Persecution Claims 
                        Following Matter of A-B-', dated July 11, 2018;
                            ``(iii) the interim final rule of the 
                        Department of Homeland Security and the 
                        Department of Justice entitled `Aliens Subject 
                        to a Bar on Entry Under Certain Presidential 
                        Proclamations; Procedures for Protection 
                        Claims' (83 Fed. Reg. 55934 (November 9, 
                        2019));
                            ``(iv) Presidential Proclamation 9822, 
                        issued on November 9, 2018 (83 Fed. Reg. 
                        57661);
                            ``(v) the migrant protection protocols 
                        announced by the Secretary of Homeland Security 
                        on December 20, 2018 (or any successor 
                        protocols);
                            ``(vi) the policy memorandum of the U.S. 
                        Citizenship and Immigration Services entitled 
                        `Guidance for Implementing Section 235(b)(2)(C) 
                        of the Immigration and Nationality Act and the 
                        Migrant Protection Protocols' (PM-602-0169), 
                        dated January 28, 2019; or
                            ``(vii) any other policy memorandum of the 
                        Department of Homeland Security to implement 
                        the protocols described in subclause (V).''.

SEC. 1104. SAFE THIRD COUNTRY EXCEPTION.

     Subsection 208(a)(2) of the Immigration and Nationality Act (8 
U.S.C. 1158(a)(2)(A)), as amended by section 1103, is further amended--
            (1) in subparagraph (A), by striking ``or equivalent'' and 
        all that follows through the period at the end and inserting 
        ``with effective protection, including access to a durable 
        solution, for individuals who are refugees, or equivalent 
        temporary protection.''; and
            (2) by adding at the end the following:
                    ``(G) Limitation on bilateral and multilateral 
                agreements.--No bilateral or multilateral agreement 
                proposed under this section shall take effect until the 
                agreement is approved as a treaty by the Senate or 
                approved as an executive agreement by the Senate, the 
                House of Representatives, and the President of the 
                United States.''.

SEC. 1105. CONSIDERATION OF ASYLUM CLAIMS.

    (a) Conditions for Granting Asylum.--
            (1) In general.--Section 208(b)(1)(B) of the Immigration 
        and Nationality Act (8 U.S.C. 1158(b)(1)(B)) is amended--
                    (A) in clause (ii), by striking the last sentence 
                and inserting the following: ``If the trier of fact 
                determines that the applicant should provide evidence 
                that corroborates otherwise credible testimony, the 
                trier of fact shall provide notice and allow the 
                applicant a reasonable opportunity to file such 
                evidence. The trier of fact may not require such 
                evidence if the applicant does not have the evidence 
                and demonstrates that he or she cannot reasonably 
                obtain the evidence. Evidence shall not be considered 
                reasonably obtainable if procurement of such evidence 
                would reasonably endanger the life or safety of any 
                person.'';
                    (B) by striking clause (iii); and
                    (C) by inserting after clause (ii) the following:
                            ``(iii) Supporting evidence accepted.--
                                    ``(I) Direct and circumstantial 
                                evidence.--Direct or circumstantial 
                                evidence, including evidence that the 
                                government of the applicable country is 
                                unable or unwilling to protect 
                                individuals of the applicant's race, 
                                religion, nationality, particular 
                                social group, or political opinion, or 
                                that the legal or social norms of the 
                                country tolerate persecution against 
                                individuals of the applicant's race, 
                                religion, nationality, particular 
                                social group, or political opinion, may 
                                establish that persecution is on 
                                account of race, religion, nationality, 
                                membership in a particular social 
                                group, or political opinion.
                                    ``(II) Expert witness testimony.--
                                            ``(aa) In general.--Except 
                                        as provided in item (bb), an 
                                        asylum officer or immigration 
                                        judge, as applicable, shall--

                                                    ``(AA) accept 
                                                expert witness 
                                                testimony with respect 
                                                to the human rights 
                                                conditions in a country 
                                                and evidence relating 
                                                to the physical and 
                                                mental condition or 
                                                history of an applicant 
                                                for asylum; and

                                                    ``(BB) give 
                                                substantial weight to 
                                                such testimony and 
                                                evidence.

                                            ``(bb) Exception.--An 
                                        asylum officer or an 
                                        immigration judge, as 
                                        applicable, may reject expert 
                                        witness testimony only if the 
                                        asylum officer or immigration 
                                        judge makes a finding on the 
                                        record, supported by specific 
                                        reasons, that--

                                                    ``(AA) the witness 
                                                is not qualified to 
                                                provide an opinion 
                                                regarding the 
                                                conditions in the 
                                                country concerned; or

                                                    ``(BB) the 
                                                testimony of the 
                                                witness is rebutted by 
                                                contrary evidence.

                            ``(iv) Credibility determination.--
                                    ``(I) In general.--Subject to 
                                subclause (II), a trier of fact may 
                                conduct a credibility assessment in the 
                                context of evaluating an applicant's 
                                claim for asylum.
                                    ``(II) Procedural and substantive 
                                requirements.--
                                            ``(aa) Objectivity.--
                                        Decisions regarding credibility 
                                        shall be made objectively, 
                                        impartially, and individually.
                                            ``(bb) Material facts.--A 
                                        credibility assessment under 
                                        this clause may only be 
                                        conducted on the material facts 
                                        of the applicant's claim. The 
                                        perception of the trier of fact 
                                        with respect to the applicant's 
                                        general truthfulness or 
                                        trustworthiness shall not be 
                                        relevant to assessing 
                                        credibility of material facts.
                                            ``(cc) Detail and 
                                        specificity.--In assessing 
                                        credibility, a trier of fact 
                                        may consider the detail and 
                                        specificity of information 
                                        provided by the applicant, the 
                                        internal consistency of the 
                                        applicant's statements, and the 
                                        consistency of the applicant's 
                                        statements with available 
                                        external information. In 
                                        considering such information 
                                        and statements, the trier of 
                                        fact shall consider the 
                                        applicant's contextual 
                                        circumstances, including--

                                                    ``(AA) exposure to 
                                                trauma;

                                                    ``(BB) age;

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

                                                    ``(DD) educational 
                                                background;

                                                    ``(EE) physical or 
                                                mental health issues;

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

                                                    ``(GG) 
                                                communication 
                                                difficulties;

                                                    ``(HH) 
                                                intercultural barriers; 
                                                and

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

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

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

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

                                            ``(gg) Opportunity to 
                                        respond.--If a trier of fact 
                                        doubts the credibility of the 
                                        applicant, the trier of fact 
                                        shall specify any such doubt to 
                                        the applicant and provide the 
                                        applicant a meaningful 
                                        opportunity to respond.
                                            ``(hh) Clear findings.--The 
                                        result of a credibility 
                                        assessment under this clause 
                                        shall include clear findings 
                                        based on and supported by 
                                        evidence, after consideration 
                                        of all of the relevant evidence 
                                        consistent with items (cc) and 
                                        (dd), that describes the 
                                        material facts that are 
                                        accepted as credible and the 
                                        material facts that are 
                                        rejected as not credible, and 
                                        the reason for such acceptance 
                                        or rejection.
                                            ``(ii) Rebuttable 
                                        presumption.--If an adverse 
                                        credibility determination is 
                                        not explicitly made, the 
                                        applicant shall have a 
                                        rebuttable presumption of 
                                        credibility on appeal.
                                            ``(jj) Oral testimony.--An 
                                        applicant for asylum who is in 
                                        removal proceedings shall have 
                                        the right to testify orally 
                                        before an immigration judge.''.
            (2) Conforming amendment.--Section 241(b)(3)(C) of the 
        Immigration and Nationality Act (8 U.S.C. 1231(b)(3)(C)) is 
        amended by striking ``and (iii)'' and inserting ``through 
        (iv)''.
    (b) Clarification on Asylum Eligibility.--Section 208(b)(2) of the 
Immigration and Nationality Act (8 U.S.C. 1158(b)(2)) is amended by 
striking subparagraph (C) and inserting the following:
                    ``(C) Clarification on asylum eligibility.--
                Notwithstanding any other provision of law, the 
                eligibility of an alien for asylum shall be governed 
                solely by this section.''.
    (c) Third Country Transit.--Section 208(b)(2) of the Immigration 
and Nationality Act (8 U.S.C. 1158(b)(2)) is amended by adding at the 
end the following:
                    ``(E) Third country transit.--
                            ``(i) In general.--An applicant's entry to, 
                        attempt to enter, or arrival or stay in a third 
                        country shall not be--
                                    ``(I) considered to amount to the 
                                applicant being firmly resettled;
                                    ``(II) grounds or a basis for a 
                                denial of an asylum application or the 
                                issuance of a negative credible fear 
                                determination; or
                                    ``(III) a factor for otherwise 
                                rendering the applicant ineligible for 
                                asylum.
                            ``(ii) Applicability.--Clause (i) shall 
                        apply regardless of whether the applicant--
                                    ``(I) applied for asylum or was 
                                denied or granted asylum in the third 
                                country concerned;
                                    ``(II) is a victim of 1 or more 
                                severe forms of trafficking in persons 
                                (as defined in section 103 of the 
                                Trafficking Victims Protection Act of 
                                2000 (22 U.S.C. 7102)); or
                                    ``(III) the third country concerned 
                                is a party to the Convention Relating 
                                to the Status of Refugees, done at 
                                Geneva July 28, 2951, (as made 
                                applicable by the Protocol Relating to 
                                the Status of Refugees, done at New 
                                York January 31, 1967 (19 UST 6223)), 
                                or other similar treaty or protocol.''.
    (d) Initial Jurisdiction Over Asylum Applications.--Section 208(b) 
of the Immigration and Nationality Act (8 U.S.C. 1158(b)) is amended--
            (1) in paragraph (3), by striking subparagraph (C); and
            (2) by adding at the end the following:
            ``(4) Initial jurisdiction.--
                    ``(A) In general.--An asylum officer (as defined in 
                section 235(b)(1)(E)) shall have initial jurisdiction 
                over any asylum application regardless of whether filed 
                in accordance with this section or section 235(b) or 
                section 240.
                    ``(B) Final order of removal entered.--In the case 
                of an alien with respect to whom a final order of 
                removal was previously entered, an asylum officer shall 
                have initial jurisdiction over any application for 
                withholding of removal under section 241(b)(3) or 
                protection under the Convention against Torture and 
                Other Cruel, Inhuman or Degrading Treatment or 
                Punishment, done at New York December 10, 1984, 
                regardless of whether such an application is filed in 
                accordance with this section or section 235(b) or 
                section 240.''.
    (e) Limitation on Imposition of Fees.--Section 208(d)(3) of the 
Immigration and Nationality Act (8 U.S.C. 1158(d)(3)) is amended to 
read as follows:
            ``(3) Limitation on imposition of fees.--
                    ``(A) Sense of congress.--It is the sense of 
                Congress that the Secretary of Homeland Security should 
                not impose fees for the consideration of an application 
                for asylum, employment authorization under this 
                section, adjustment of status under section 209, the 
                collection of biometrics in conjunction with 
                applications under this section, petitions for family 
                reunification, or the issuance of refugee travel 
                documents.
                    ``(B) Limitation.--
                            ``(i) In general.--If the Secretary of 
                        Homeland imposes a fee for the consideration of 
                        an application for asylum, employment 
                        authorization under this section, adjustment of 
                        status under section 209, the collection of 
                        biometrics in conjunction with applications 
                        under this section or section 209, petitions 
                        for family reunification, or the issuance of 
                        refugee travel documents--
                                    ``(I) such fee shall not exceed the 
                                Secretary of Homeland Security's costs 
                                in adjudicating such applications, 
                                processing such biometrics, or issuing 
                                such document, as applicable;
                                    ``(II) the applicant shall be 
                                eligible for a fee waiver; and
                                    ``(III) the applicant shall be 
                                permitted to pay such fee over a period 
                                of time or in installments.
                    ``(C) Rule of construction.--Nothing in this 
                paragraph may be construed to require the Secretary of 
                Homeland Security to charge fees for adjudication 
                services provided to asylum applicants.''.
    (f) Consideration of Asylum Applications.--Section 208(d)(5) of the 
Immigration and Nationality Act (8 U.S.C. 1158(d)(5)) is amended--
            (1) by striking subparagraph (B); and
            (2) in subparagraph (A)--
                    (A) by striking ``(A) Procedures.--''; and
                    (B) by redesignating clauses (i) through (v) as 
                subparagraphs (A) through (E), respectively, and moving 
                such subparagraphs 2 ems to the left.
    (g) Confidentiality of Asylum Applications.--Section 208(d) of the 
Immigration and Nationality Act (8 U.S.C. 1158(d)) is amended by adding 
at the end the following:
            ``(8) Confidentiality of asylum applications and 
        proceedings.--An employee of the United States may not disclose 
        to any individual other than an immigration or law enforcement 
        official of the United States information in an asylum 
        application or from an asylum proceeding without the consent of 
        the applicant.''.
    (h) Transparency of Statistical Information.--Section 208 of the 
Immigration and Nationality Act (8 U.S.C. 1158) is amended by adding at 
the end the following:
    ``(f) Transparency of Statistical Information.--
            ``(1) Department of homeland security.--
                    ``(A) Credible fear and reasonable fear 
                adjudications database.--The Secretary of Homeland 
                Security shall develop, maintain, and make available to 
                the public a database reflecting adjudications of 
                credible fear or reasonable fear under section 235 that 
                includes, for each such adjudication that occurs not 
                later than 90 days after the date of the enactment of 
                this subsection, the following:
                            ``(i) An anonymized code number or sequence 
                        of characters for the asylum applicant.
                            ``(ii) The month and year in which the 
                        applicant was apprehended.
                            ``(iii) The month and year in which the 
                        applicant was interviewed under section 235.
                            ``(iv)(I) Whether the applicant was in the 
                        custody of the Secretary of Homeland Security 
                        on the date of such interview.
                            ``(II) In the case of an applicant who was 
                        in the custody of the Secretary of Homeland 
                        Security on such date--
                                    ``(aa) the component of the 
                                Department of Homeland Security 
                                responsible for the applicant's 
                                detention; and
                                    ``(bb) the name of the facility in 
                                which the applicant was held.
                            ``(v) The age of the applicant on the date 
                        of such interview.
                            ``(vi) The nationality of the applicant.
                            ``(vii) The gender of the applicant.
                            ``(viii)(I) Whether the applicant entered 
                        at a port of entry.
                            ``(II) In the case of an applicant who 
                        entered at a port of entry, the name of the 
                        port of entry.
                            ``(ix)(I) Whether the applicant included 
                        one or more derivative beneficiaries in their 
                        asylum application.
                            ``(II) In the case of an applicant who 
                        included one or more derivative beneficiaries 
                        in their asylum application, the age and 
                        relationship to the applicant of each such 
                        beneficiary.
                            ``(x) An anonymized code number for the 
                        officer conducting the interview and, if the 
                        officer's decision was reviewed by a 
                        supervisor, an anonymized code number for the 
                        supervisor.
                            ``(xi)(I) Whether such interview was 
                        conducted in person, by telephone, or by 
                        videoconference.
                            ``(II) In the case of an interview 
                        conducted in person, the location of the 
                        interview.
                            ``(xii) Whether such interview was 
                        conducted with the assistance of an 
                        interpreter.
                            ``(xiii) The regional asylum office to 
                        which the officer conducting such interview was 
                        assigned.
                            ``(xiv) Whether the asylum application was 
                        based on--
                                    ``(I) past persecution;
                                    ``(II) a well-founded fear of 
                                persecution; or
                                    ``(III) past persecution and a 
                                well-founded fear of persecution.
                            ``(xv) Whether--
                                    ``(I) the alleged persecutor was 
                                the government of a country or a 
                                private entity; or
                                    ``(II) in the case of 1 or more 
                                alleged persecutors, the persecutors 
                                included both a government of a country 
                                and a private entity.
                            ``(xvi) Whether the applicant was assisted 
                        by an attorney or other legal service provider 
                        during the interview.
                            ``(xvii) Whether the adjudicator determined 
                        that the applicant was credible.
                            ``(xviii) Whether the adjudicator found 
                        that the applicant--
                                    ``(I) established--
                                            ``(aa) a credible fear;
                                            ``(bb) a reasonable fear; 
                                        or
                                            ``(cc) a likelihood of 
                                        torture; or
                                    ``(II) did not establish any such 
                                fear or likelihood.
                            ``(xix) In the case of an applicant who was 
                        determined not to have established a credible 
                        fear or a reasonable fear, whether the 
                        applicant appealed such determination to an 
                        immigration judge.
                            ``(xx) Any other data that the Secretary of 
                        Homeland Security considers helpful to the 
                        government or the public in understanding or 
                        analyzing the operation of asylum adjudication.
                    ``(B) Merits adjudications database.--The Secretary 
                of Homeland Security shall develop, maintain, and make 
                available to the public a database reflecting asylum 
                adjudications on the merits, that includes, for each 
                such adjudication that occurs not later than 90 days 
                after the date of the enactment of this subsection, the 
                following:
                            ``(i) An anonymized code number or sequence 
                        of characters for the asylum applicant, which 
                        shall be the same code number or sequence 
                        assigned to the applicant if such a number or 
                        sequence was assigned during an earlier stage 
                        of proceedings under section 235.
                            ``(ii) The date on which the applicant's 
                        asylum application was filed or considered to 
                        have been filed.
                            ``(iii) The age of the applicant on the 
                        date on which such application was filed.
                            ``(iv) The date on which the applicant 
                        entered the United States or, in the case of an 
                        applicant for whom the date of entry is 
                        unknown, an indication that such date is 
                        unknown.
                            ``(v)(I) Whether the applicant included in 
                        their asylum application 1 or more derivative 
                        beneficiaries who are in the United States.
                            ``(II) In the case of an applicant who 
                        included such a derivative beneficiary in their 
                        asylum application, the age and relationship to 
                        the applicant of each such beneficiary.
                            ``(vi) The nationality of the applicant.
                            ``(vii) The gender of the applicant.
                            ``(viii) Whether the asylum application was 
                        based on--
                                    ``(I) past persecution;
                                    ``(II) a well-founded fear of 
                                persecution; or
                                    ``(III) past persecution and a 
                                well-founded fear of persecution.
                            ``(ix) Whether--
                                    ``(I) the alleged persecutor was 
                                the government of a country or a 
                                private entity; or
                                    ``(II) in the case of 1 or more 
                                alleged persecutors, the persecutors 
                                included both a government of a country 
                                and a private entity.
                            ``(x) Whether the applicant's application 
                        for asylum included a claim of persecution on 
                        account of gender.
                            ``(xi) Whether the applicant was processed 
                        under this section or section 235.
                            ``(xii) Whether the applicant had entered 
                        the United States--
                                    ``(I) pursuant to a visa;
                                    ``(II) through the visa waiver 
                                program; or
                                    ``(III) without inspection.
                            ``(xiii) Whether the applicant--
                                    ``(I) was assisted in the 
                                completion of their asylum application 
                                by--
                                            ``(aa) an attorney;
                                            ``(bb) an accredited 
                                        representative;
                                            ``(cc) a law student; or
                                            ``(dd) an individual other 
                                        than an individual described in 
                                        items (aa) through (cc); or
                                    ``(II) was not represented.
                            ``(xiv) Whether the applicant--
                                    ``(I) was represent during their 
                                asylum interview by--
                                            ``(aa) an attorney;
                                            ``(bb) an accredited 
                                        representative;
                                            ``(cc) a law student; or
                                            ``(dd) an individual other 
                                        than an individual described in 
                                        items (aa) through (cc); or
                                    ``(II) was not represented.
                            ``(xv) Whether the asylum interview was 
                        conducted with the assistance of an 
                        interpreter.
                            ``(xvi) An anonymized code number or 
                        sequence of characters for the asylum officer 
                        who adjudicated the case.
                            ``(xvii) An anonymized code number or 
                        sequence of characters for any officer who 
                        reviewed the asylum officer's decision.
                            ``(xviii) The regional office or sub-office 
                        to which the asylum officer was assigned.
                            ``(xix) The date of the adjudication.
                            ``(xx) Whether the applicant was--
                                    ``(I) granted asylum;
                                    ``(II) denied asylum;
                                    ``(III) referred to immigration 
                                court for further consideration; or
                                    ``(IV) considered by the 
                                immigration court under some other 
                                procedure.
                            ``(xxi) Any other data that the Secretary 
                        of Homeland Security considers helpful to the 
                        government or the public in understanding or 
                        analyzing the operation of asylum adjudication.
            ``(2) Department of justice.--
                    ``(A) Database on appeals of credible fear and 
                reasonable fear determinations.--The Attorney General 
                shall develop, maintain, and make available to the 
                public a database reflecting appeals from credible fear 
                determinations and reasonable fear determinations that 
                include, for each such appeal that occurs not later 
                than 90 days after the date of the enactment of this 
                subsection, the following:
                            ``(i) An anonymized code number or sequence 
                        of characters for the asylum applicant, which 
                        shall be the same anonymized code number or 
                        sequence of numbers assigned to the applicant 
                        by the Department of Homeland Security.
                            ``(ii) The name of the immigration judge 
                        who adjudicated the appeal.
                            ``(iii) The location of the immigration 
                        judge on the date on which a decision on the 
                        appeal was made.
                            ``(iv) Whether the appeal was conducted in 
                        person, by telephone, or by videoconference.
                            ``(v) Whether the applicant--
                                    ``(I) was represented in the appeal 
                                by--
                                            ``(aa) an attorney;
                                            ``(bb) an accredited 
                                        representative;
                                            ``(cc) a law student; or
                                            ``(dd) an individual other 
                                        than an individual described in 
                                        items (aa) through (cc); or
                                    ``(II) was not represented.
                            ``(vi) Whether the appeal was conducted 
                        with the assistance of an interpreter.
                            ``(vii) The outcome of the appeal.
                            ``(viii) Any other data that the Attorney 
                        General considers helpful to the government or 
                        the public in understanding or analyzing the 
                        operation of asylum adjudication.
                    ``(B) Merits decisions database.--The Attorney 
                General shall develop, maintain, and make available to 
                the public a database reflecting decisions by 
                immigration judges on the merits of asylum claims 
                (including applications for withholding of removal 
                under section 241(b)(3) and protection under the 
                Convention against Torture and Other Cruel, Inhumane or 
                Degrading Treatment or Punishment, done at New York 
                December 10, 1984) that includes, for each such claim 
                filed with the Attorney General not later than 90 days 
                after the date of the enactment of this subsection, the 
                following:
                            ``(i) An anonymized code number or sequence 
                        of characters for the respondent, which shall 
                        be the same as any anonymized code number or 
                        sequence of number assigned by the Department 
                        of Homeland Security at a previous stage of 
                        adjudication of the claim.
                            ``(ii) The date on which the respondent 
                        entered the United States or, in the case of a 
                        respondent for whom the date of entry is 
                        unknown, an indication that such date is 
                        unknown.
                            ``(iii) The age of the respondent on the 
                        date on which the respondent entered the United 
                        States.
                            ``(iv) The initial date on which the 
                        respondent submitted the asylum application to 
                        the Secretary of Homeland Security.
                            ``(v) In the case of a respondent who 
                        submitted an asylum application to the 
                        Secretary of Homeland Security, the date on 
                        which an asylum officer issued a decision on 
                        such application.
                            ``(vi) The age of the respondent on the 
                        date on which the immigration judge rendered a 
                        decision on the merits of the claim.
                            ``(vii) The gender of the respondent.
                            ``(viii) Whether the respondent entered the 
                        United States at a port of entry.
                            ``(ix)(I) Whether the respondent included 
                        in their asylum application 1 or more 
                        derivative beneficiaries who are in the United 
                        States.
                            ``(II) In the case of a respondent who 
                        included such a derivative beneficiary in their 
                        asylum application, the age and relationship to 
                        the respondent of each such beneficiary.
                            ``(x) The nationality of the respondent.
                            ``(xi) The name and location of the 
                        immigration judge who adjudicated the claim.
                            ``(xii) Whether the merits hearing was 
                        conducted in person, by telephone, or by 
                        videoconference.
                            ``(xiii)(I) Whether the respondent was 
                        detained on the date on which the merits 
                        hearing occurred.
                            ``(II) In the case of a respondent who was 
                        detained, the name of the detention facility.
                            ``(xiv) Whether the merits hearing was 
                        conducted with the assistance of an 
                        interpreter.
                            ``(xv) Whether the respondent--
                                    ``(I) was represented in the merits 
                                hearing by--
                                            ``(aa) an attorney;
                                            ``(bb) an accredited 
                                        representative;
                                            ``(cc) a law student; or
                                            ``(dd) an individual other 
                                        than an individual described in 
                                        items (aa) through (cc); or
                                    ``(II) was not represented.
                            ``(xvi) In the case of an application for 
                        asylum or withholding of removal under section 
                        241(b)(3), whether the application was based 
                        on--
                                    ``(I) past persecution;
                                    ``(II) a well-founded fear of 
                                persecution; or
                                    ``(III) past persecution and a 
                                well-founded fear of persecution.
                            ``(xvii) Whether--
                                    ``(I) the alleged persecutor was 
                                the government of a country or a 
                                private entity; or
                                    ``(II) in the case of 1 or more 
                                alleged persecutors, the persecutors 
                                included both a government of a country 
                                and a private entity.
                            ``(xviii) Whether the respondent's 
                        application for asylum included a claim of 
                        persecution on account of gender.
                            ``(xix) The outcome of the case, 
                        including--
                                    ``(I) whether the case the was 
                                terminated without a decision;
                                    ``(II) whether the respondent was 
                                granted asylum, withholding of removal 
                                under section 241(b)(3), protection 
                                under the Convention against Torture 
                                and Other Cruel, Inhuman or Degrading 
                                Treatment or Punishment, done at New 
                                York December 10, 1984, voluntary 
                                departure, or other relief; and
                                    ``(III) whether the respondent was 
                                ordered removed from the United States.
                            ``(xx) Any other data that the Attorney 
                        General considers helpful to the government or 
                        the public in understanding or analyzing the 
                        operation of asylum adjudication.
                    ``(C) Board of immigration appeals database.--The 
                Attorney General shall develop, maintain, and make 
                available to the public a database reflecting decisions 
                by the Board of Immigration Appeals on appeals of 
                immigration judge denials of asylum, withholding of 
                removal, or protection under the Convention against 
                Torture and Other Cruel, Inhuman or Degrading Treatment 
                or Punishment, done at New York December 10, 1984, that 
                includes, for each such appeal filed with the Board of 
                Immigration Appeals not later than 90 days after the 
                date of the enactment of this subsection, the 
                following:
                            ``(i) An anonymized code number or sequence 
                        of characters for the appellant, which shall be 
                        the same anonymized code number or sequence of 
                        numbers that was assigned at a previous stage 
                        of the proceedings by the Secretary of Homeland 
                        Security or the Attorney General.
                            ``(ii) The date on which the appeal was 
                        filed with the Board of Immigration Appeals.
                            ``(iii) The date on which the Board of 
                        Immigration Appeals issued a decision on the 
                        appeal.
                            ``(iv) The names of the members of the 
                        Board of Immigration Appeals who participated 
                        in the decision.
                            ``(v) Whether any member of the Board of 
                        Immigration Appeals dissented from a decision 
                        of a panel or of the entire Board of 
                        Immigration Appeals, and the name of each such 
                        member.
                            ``(vi) Whether the appellant--
                                    ``(I) was represented in the appeal 
                                by--
                                            ``(aa) an attorney;
                                            ``(bb) an accredited 
                                        representative;
                                            ``(cc) a law student; or
                                            ``(dd) an individual other 
                                        than an individual described in 
                                        items (aa) through (cc); or
                                    ``(II) was not represented.
                            ``(vii) The outcome of the appeal.
                            ``(viii) Any other data that the Attorney 
                        General considers helpful to the government or 
                        the public in understanding or analyzing the 
                        operation of asylum adjudication.''.
    (i) Further Consideration of Application for Asylum.--Section 
235(b)(1)(B)(ii) of the Immigration and Nationalities Act (8 U.S.C. 
1225 (b)(1)(B)(ii)) is amended by inserting ``, which shall include a 
hearing under section 240 on the alien's claim for asylum, withholding 
of removal, or protection under the Convention against Torture and 
Other Cruel, Inhuman or Degrading Treatment or Punishment, done at New 
York December 10, 1984, unless the Secretary of Homeland Security has 
granted the alien's claim'' before the period at the end.
    (j) Modification of Definition of Asylum Officer.--Section 
235(b)(1)(E) of the Immigration and Nationality Act (8 U.S.C. 
1225(b)(1)(E)) is amended to read as follows:
                    ``(E) Asylum officer defined.--
                            ``(i) In general.--In this paragraph, the 
                        term `asylum officer' means an immigration 
                        officer who--
                                    ``(I) has had professional training 
                                in country conditions, asylum law, and 
                                nonadversarial interviewing techniques 
                                necessary for adjudication of 
                                applications under section 208;
                                    ``(II) adjudicates applications 
                                under that section on a full-time 
                                basis; and
                                    ``(III) is supervised by an officer 
                                who--
                                            ``(aa) meets the condition 
                                        described in subclause (I); and
                                            ``(bb) has had substantial 
                                        experience adjudicating asylum 
                                        applications.
                            ``(ii) Exceptional circumstances.--
                                    ``(I) In general.--The Secretary of 
                                Homeland Security may, only in 
                                exceptional circumstances and to 
                                protect national security, designate 
                                one or more individuals who do not meet 
                                the condition described in clause 
                                (i)(III) to act as temporary asylum 
                                officers.
                                    ``(II) Limitation.--An individual 
                                designated as a temporary asylum 
                                officer under subclause (I) may not 
                                hold or have held in the preceding 3 
                                years a position the central function 
                                of which is immigration enforcement, 
                                including Border Patrol agents, Customs 
                                and Border Protection officers, and 
                                Immigration and Customs Enforcement 
                                officers.
                                    ``(III) Annual report.--During any 
                                period in which the Secretary of 
                                Homeland Security designates one or 
                                more temporary asylum officers, not 
                                later than 30 days after such 
                                designation, the Secretary of Homeland 
                                Security shall submit to Congress a 
                                report that includes--
                                            ``(aa) a justification for 
                                        the designation;
                                            ``(bb) the number of 
                                        officers designated;
                                            ``(cc) the duration of 
                                        service of such officers;
                                            ``(dd) the number of 
                                        interviews conducted by such 
                                        officers;
                                            ``(ee) with respect to 
                                        applications for asylum, 
                                        withholding of removal under 
                                        section 241(b)(3), and 
                                        protection under the Convention 
                                        against Torture adjudicated by 
                                        such officers, the rate of 
                                        grants, denials, referrals, and 
                                        otherwise closed applications; 
                                        and
                                            ``(ff) with respect to 
                                        credible fear determinations 
                                        carried out by such officers, 
                                        the rate of positive, negative, 
                                        and otherwise closed 
                                        determinations.''.
    (k) Removal Proceedings.--Section 240(c)(4) of the Immigration and 
Nationality Act (8 U.S.C. 1229a(c)(4)) is amended--
            (1) in subparagraph (B), by striking the last sentence and 
        inserting the following: ``If the trier of fact determines that 
        the applicant should provide evidence that corroborates 
        otherwise credible testimony, the trier of fact shall provide 
        notice and allow the applicant a reasonable opportunity to file 
        such evidence. The trier of fact may not require such evidence 
        if the applicant does not have the evidence and demonstrates 
        that he or she cannot reasonably obtain the evidence. Evidence 
        shall not be considered reasonably obtainable under this 
        subparagraph if procurement of such evidence would reasonably 
        endanger the life or safety of any person in the applicant's 
        home country.''; and
            (2) in subparagraph (C), in the first sentence, by striking 
        ``, without regard to whether an inconsistency, inaccuracy, or 
        falsehood goes to the heart of the applicant's claim, or any 
        other relevant factor'' and inserting ``If the trier of fact 
        determines that there are inconsistencies or omissions, the 
        alien shall be given an opportunity to explain and provide 
        support or evidence to clarify such inconsistencies or 
        omissions.''.
    (l) 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 the following:
                    ``(A) In general.--Except as provided in 
                subparagraph (B), if the Secretary of Homeland 
                Security''; and
            (2) by adding at the end the following:
                    ``(B) Applicability.--Subparagraph (A) shall not 
                apply to an alien who is otherwise eligible for 
                asylum.''.

SEC. 1106. TRANSPARENCY IN REFUGEE DETERMINATIONS.

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

SEC. 1107. AUTHORITY TO DESIGNATE CERTAIN GROUPS OF REFUGEES FROM 
              COUNTRIES OF PARTICULAR CONCERN AND ADMISSION OF REFUGEES 
              IN EMERGENCY SITUATIONS.

    (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, after 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 within a 
        category of aliens established under clause (ii) whose 
        resettlement in the United States is justified by humanitarian 
        concerns or is otherwise in the national interest and who share 
        common characteristics that identify such aliens as targets of 
        persecution on account of race, religion, nationality, 
        membership in a particular social group, or political opinion 
        or who otherwise have a shared need for resettlement due to a 
        specific vulnerability.
            ``(ii) For purposes of clause (i), the President shall 
        designate one or more groups or one or more categories of 
        aliens who are or were nationals or habitual residents of the 
        Islamic Republic of Iran or countries from the former Soviet 
        Union, who, as members of a religious minority, share common 
        characteristics that identify them as targets of persecution in 
        that state on account of race, religion, nationality, 
        membership in a particular social group, or political opinion. 
        At the discretion of the President, the President may designate 
        additional groups of one or more categories of aliens who are 
        of were nationals or habitual residents of any other country 
        which is designated as a country of particular concern under 
        section 402(b)(1)(A) of the International Religious Freedom Act 
        of 1998 (22 U.S.C. 6442).
            ``(iii) An alien who is outside his or her country of 
        origin or last habitual residence who establishes membership in 
        a group designated under clause (i) to the satisfaction of the 
        Secretary of Homeland Security shall establish, for purposes of 
        admission as a refugee under this section, that such alien has 
        a well-founded fear of persecution on account of race, 
        religion, nationality, membership in a particular social group, 
        or political opinion, unless the Secretary determines that such 
        alien ordered, incited, assisted or otherwise participated in 
        the persecution of any person on account of race, religious, 
        membership in a particular social group, or political opinion.
            ``(iv) A designation under clause (i)--
                    ``(I) may be revoked by the President at any time 
                after notification to Congress;
                    ``(II) if not revoked, shall expire at the end of 
                each fiscal year; and
                    ``(III) may be renewed by the President after 
                appropriate consultation.
            ``(v) An alien's admission under this subparagraph shall 
        count against the refugee admissions goal under subsection (a).
            ``(vi) A designation under clause (i) shall not influence 
        decisions to grant, to any alien, asylum under section 208, 
        withholding of removal section 241(b)(3), or protection under 
        the Convention against Torture and Other Cruel, Inhuman or 
        Degrading Treatment or Punishment, done at New York December 
        10, 1984.
            ``(vii) Each decision to deny an application for refugee 
        status of an alien who is within a category established under 
        this subparagraph shall be in writing and shall state, to the 
        maximum extent feasible, the reason for the denial.''.
    (b) Admission of Refugees Experiencing Emergency Situations.--
Section 207(c) of the Immigration and Nationality Act (8 U.S.C. 
1157(c)(1)), as amended by section 1106, is further amended by adding 
at the end the following:
    ``(9) Admission of Refugees Experiencing Emergency Situations.--
            ``(A) In general.--Subject to the numerical established 
        under subparagraphs (A) and (B) of paragraph (1), the Secretary 
        of Homeland Security may, in the Secretary's discretion and 
        pursuant to such regulations as the Secretary may prescribe, 
        admit any refugee who is not firmly resettled in any foreign 
        country, is determined to be of special humanitarian concern to 
        the United States, and is admissible (except as provided under 
        section 209) as an immigrant under this Act. Notwithstanding 
        any numerical limitations specified in this Act, any alien 
        admitted under this paragraph shall be regarded as lawfully 
        admitted to the United States for permanent residence as of the 
        date of such alien's admission to the United States.
            ``(B) Designation.--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--
                            ``(I) share common characteristics that 
                        identify them as targets of--
                                    ``(aa) persecution on account of 
                                race, religion, nationality, membership 
                                in a particular social group, or 
                                political opinion; or
                                    ``(bb) other serious harm; or
                            ``(II) having been identified as targets as 
                        described in subclause (I), share a common need 
                        for resettlement due to a specific 
                        vulnerability.
            ``(C) Membership in a designated group.--An alien who 
        establishes membership in a group designated under this 
        paragraph to the satisfaction of the Secretary of Homeland 
        Security shall be considered a refugee for purposes of 
        admission as a refugee under this paragraph, 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.
            ``(D) Revocation.--A designation under this paragraph is 
        for purposes of adjudicatory efficiency and may be revoked by 
        the President at any time after notification to Congress.
            ``(E) Effect on other laws.--Categories of aliens 
        established under section 599D of the Foreign Operations, 
        Export Financing, and Related Programs Appropriations Act, 1990 
        (Public Law 101-167; 8 U.S.C. 1157 note)--
                    ``(i) shall be designated under subparagraph (B) 
                until the end of the first fiscal year commencing after 
                the date of the enactment of this paragraph; and
                    ``(ii) shall be eligible for designation thereafter 
                at the discretion of the President.
            ``(F) Effect on refugee admissions goal.--The admission of 
        an alien under this paragraph shall count against the refugee 
        admissions goal under section 207(a).
            ``(G) Other forms of protection.--A designation under this 
        paragraph shall not influence decisions to grant to any alien 
        asylum under section 208, withholding of removal under section 
        241(b)(3), or protection under the Convention against Torture 
        and Other Cruel, Inhuman or Degrading Treatment or Punishment, 
        done at New York December 10, 1984.
            ``(H) Denials.--A decision to deny admission under this 
        paragraph to an alien who establishes to the satisfaction of 
        the Secretary that the alien is a member of a group designated 
        under subparagraph (B)--
                    ``(i) shall be in writing; and
                    ``(ii) shall cite the specific applicable provision 
                of this Act upon which such denial is based, 
                including--
                            ``(I) the facts underlying the 
                        determination; and
                            ``(II) whether there is a waiver of 
                        inadmissibility available to the alien.''.
    (c) 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. 1108. EMPLOYMENT AUTHORIZATION FOR ASYLUM SEEKERS AND OTHER 
              INDIVIDUALS.

    Section 208(d)(2) of the Immigration and Nationality Act (8 U.S.C. 
1158(d)(2)) is amended to read as follows:
            ``(2) Employment authorization.--
                    ``(A) Eligibility.--The Secretary of Homeland 
                Security shall authorize employment for an applicant 
                for asylum, withholding of removal under section 
                241(b)(3)(B), or withholding or deferral of removal 
                under the Convention against Torture and Other Cruel, 
                Inhuman or Degrading Treatment or Punishment, done at 
                New York December 10, 1984, not later than 30 days 
                after the date on which such an applicant files an 
                application for such relief.
                    ``(B) Application.--An applicant for asylum, 
                withholding of removal under section 241(b)(3)(B), or 
                withholding or deferral of removal under the Convention 
                against Torture and Other Cruel, Inhuman or Degrading 
                Treatment or Punishment, done at New York December 10, 
                1984, who is prima facie eligible for such relief shall 
                be granted employment authorization not later than 60 
                days after the date on which the applicant files an 
                application for employment authorization.
                    ``(C) Term.--Employment authorization under this 
                paragraph shall be valid until the date on which an 
                applicant is issued a final denial of the applicable 
                application, including administrative and judicial 
                review.''.

SEC. 1109. ADMISSION OF REFUGEES AND ASYLEES AS LAWFUL PERMANENT 
              RESIDENTS.

    (a) Treatment of Aliens Admitted as Refugees and of Aliens Granted 
Asylum.--Section 209 of the Immigration and Nationality Act (8 U.S.C. 
1159) is amended to read as follows:

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

    ``(a) In General.--
            ``(1) Treatment of refugee families.--Any alien may be 
        lawfully admitted to the United States for permanent residence 
        at the time of initial admission to the United States if the 
        alien--
                    ``(A) has been approved for admission to the United 
                States--
                            ``(i) under section 207 or 208; or
                            ``(ii) under section 208(b)(3) as the 
                        spouse or child of an alien granted asylum 
                        under section 208(b)(1); and
                    ``(B) is admissible under section 212 (except as 
                otherwise provided in subsections (b) and (c)).
            ``(2) Adjustment of status.--
                    ``(A) In general.--The Secretary of Homeland 
                Security or the Attorney General, in the discretion of 
                the Secretary or the Attorney General, and under such 
                regulations as the Secretary or the Attorney General 
                may prescribe, may adjust, to the status of an alien 
                lawfully admitted to the United States for permanent 
                residence, the status of any alien who, while in the 
                United States--
                            ``(i) is granted--
                                    ``(I) asylum under section 208(b) 
                                (as a principal alien or as the spouse 
                                or child of an alien granted asylum); 
                                or
                                    ``(II) refugee status under section 
                                207 as the spouse or child of a 
                                refugee;
                            ``(ii) applies for such adjustment of 
                        status at any time after being granted asylum 
                        or refugee status;
                            ``(iii) is not firmly resettled in any 
                        foreign country; and
                            ``(iv) is admissible (except as otherwise 
                        provided under subsections (b) and (c)) as an 
                        immigrant under this Act at the time of 
                        examination for adjustment of such alien.
                    ``(B) Applicability.--This paragraph shall apply to 
                any alien lawfully admitted for permanent residence 
                under section 207 or 208 before the date of the 
                enactment of the Refugee Protection Act of 2022.
            ``(3) Record.--Upon approval of an application under this 
        subsection, the Secretary of Homeland Security or the Attorney 
        General shall establish a record of the alien's admission for 
        lawful permanent residence as of the date such alien was 
        granted asylum or refugee status.
    ``(b) Inapplicability of Certain Inadmissibility Grounds to 
Refugees, Aliens Granted Asylum, and Such Aliens Seeking Adjustment of 
Status to Lawful Permanent Resident.--Paragraphs (4), (5), and (7)(A) 
of section 212(a) shall not apply to--
            ``(1) any refugee under section 207;
            ``(2) any alien granted asylum under section 208; or
            ``(3) any alien seeking admission as a lawful permanent 
        resident pursuant to a grant of refugee or asylum status.
    ``(c) Waiver of Inadmissibility or Deportability for Refugees, 
Aliens Granted Asylum, and Such Aliens Seeking Adjustment of Status to 
Lawful Permanent Resident.--
            ``(1) In general.--Except as provided in paragraph (2), the 
        Secretary of Homeland Security or the Attorney General may 
        waive any ground under section 212 or 237 for aliens admitted 
        pursuant to section 207 or 208, or seeking admission as a 
        lawful permanent resident pursuant to subsection (a), if such a 
        waiver is justified by humanitarian purposes, to ensure family 
        unity, or is otherwise in the public interest.
            ``(2) Ineligibility.--Aliens admitted pursuant to section 
        207 or 208, or seeking admission as a lawful permanent resident 
        pursuant to subsection (a), shall be ineligible for a waiver 
        under paragraph (1) if it has been established that the alien 
        is--
                    ``(A) inadmissible under section 212(a)(2)(C) or 
                subparagraph (A), (B), (C), or (E) of section 
                212(a)(3);
                    ``(B) deportable under section 237(a)(2)(A)(iii) 
                for an offense described in section 101(a)(43)(B); or
                    ``(C) deportable under subparagraph (A), (B), (C), 
                or (D) of section 237(a)(4).''.
    (b) Clarification.--Aliens admitted for lawful permanent residence 
pursuant to paragraph (1) of section 209(a) of the Immigration and 
Nationality Act, as amended by subsection (a), or who adjust their 
status pursuant to paragraph (2) of such section, as amended by 
subsection (a), shall be considered to be refugees and aliens granted 
asylum for purposes of sections 402, 403, 412, and 431 of the Personal 
Responsibility and Work Opportunity Reconciliation Act of 1996 (8 
U.S.C. 1612, 1613, 1622, and 1641).
    (c) Technical and Conforming Amendments.--
            (1) Aliens not subject to direct numerical limitations.--
        Section 201(b)(1)(B) of the Immigration and Nationality Act (8 
        U.S.C. 1151(b)(1)(B)) is amended to read as follows:
                    ``(B) Aliens who are admitted to the United States 
                as permanent residents under section 207 or 208 or 
                whose status is adjusted under section 209.''.
            (2) Training.--Section 207(f)(1) of such Act (8 U.S.C. 
        1157(f)(1)) is amended by striking ``Attorney General'' and 
        inserting ``Secretary of Homeland Security''.
            (3) Commonwealth of the northern mariana islands.--Section 
        208(e) of such Act (8 U.S.C. 1158(e)) is amended by striking 
        ``section 209(b)'' and inserting ``section 209(a)(2)''.
            (4) Table of contents.--The table of contents for such Act 
        is amended by striking the item relating to section 209 and 
        inserting the following:

``Sec. 209. Treatment of aliens admitted as refugees and of aliens 
                            granted asylum.''.
    (d) Effective Date.--This section, and the amendments made by this 
section, shall take effect on the earlier of--
            (1) the date that is 180 days after the date of the 
        enactment of this Act; or
            (2) the date on which a final rule is promulgated to 
        implement this section and the amendments made by this section.

SEC. 1110. COMPLEMENTARY PROTECTION.

    The Secretary of Homeland Security or the Attorney General may 
grant asylum to an alien who has applied for asylum if the Secretary of 
Homeland Security or the Attorney General determines that such alien is 
a refugee within the meaning of section 101(a)(42)(A) of the 
Immigration and Nationality Act (8 U.S.C. 1101(a)(42)(A)) or would face 
a threat to life or physical integrity if returned because of a 
reasonable possibility of--
            (1) violence; or
            (2) exceptional situations, such as environmental or other 
        crises or disasters, including from the effects of climate 
        change, for which there is no adequate remedy in the country of 
        origin.

SEC. 1111. INTERNAL RELOCATION.

    (a) Burden of Proof.-- The Government bears the burden of 
establishing the reasonableness of internal relocation.
    (b) Case-by-Case Analysis.--Consistent with the Convention Relating 
to the Status of Refugees, done at Geneva July 28, 1951, it shall be 
considered unreasonable to presume applicants are able to internally 
relocate without first conducting an individualized determination 
applying a totality of circumstances test on a case-by-case basis.
    (c) Determinations in Merits Hearings.--Internal relocation 
determinations--
            (1) may only be made in asylum merits proceedings; and
            (2) shall not occur at an earlier stage of processing.
    (d) Prohibition.--The mere possibility of internal relocation shall 
not be the sole grounds for a discretionary denial of asylum, issuance 
of a negative credible fear determination, or a factor to otherwise bar 
asylum eligibility.

SEC. 1112. FIRM RESETTLEMENT.

     The Government bears the burden of establishing whether an 
applicant is firmly resettled and applicants may rebut this under a 
preponderance of the evidence standard. Firm resettlement 
determinations shall focus exclusively on the existence of an offer of 
permanent resettlement and shall not be fulfilled by an offer of 
temporary, transitory, or unauthorized time in another country.

           Subtitle B--Protections for Children and Families

SEC. 1201. KEEPING FAMILIES TOGETHER.

    (a) Modification of Definition of Child.--Section 101(b)(1) of the 
Immigration and Nationality Act (8 U.S.C. 1101(b)(1)) is amended--
            (1) in subparagraph (E)(ii), by striking ``; or'' and 
        inserting a semicolon;
            (2) in subparagraph (F)(ii), by striking the period at the 
        end and inserting a semicolon;
            (3) in subparagraph (G)(iii)(III), by striking the period 
        at the end and inserting ``; or''; and
            (4) by adding at the end the following:
            ``(H)(i) a child under the age of 18 at the time an 
        application is filed to accord a principal alien refugee 
        status--
                    ``(I) who is an orphan because of the death or 
                disappearance of, abandonment or desertion by, or 
                separation or loss from, both parents; or
                    ``(II) for whom the sole or surviving parent is 
                incapable of providing the proper care and has, in 
                writing, irrevocably released the child for emigration 
                and adoption;
            ``(ii) who has been living in a country of asylum under the 
        care of such principal alien; and
            ``(iii) for whom the Secretary of Homeland Security is 
        satisfied that proper care will be furnished if the child is 
        admitted to the United States.''.
    (b) Admission of Refugee Families and Timely Adjudication.--Section 
207(c)(2) of the Immigration and Nationality Act (8 U.S.C. 1157(c)(2)) 
is amended to read as follows:
    ``(2)(A)(i) Irrespective of the date on which such refugee was 
admitted to the United States, the spouse or a child (as defined in 
section 101(b)(1)) of any refugee, or the parent or de facto guardian 
(as determined by the Secretary of Homeland Security) of such a child 
who qualifies for admission under paragraph (1), if not otherwise 
entitled to admission under such paragraph and not described in section 
101(a)(42)(B), shall be entitled to the same admission status as such 
refugee if--
            ``(I) accompanying, or following to join, such refugee; and
            ``(II) admissible (except as otherwise provided under 
        paragraph (3)) as an immigrant under this chapter.
    ``(ii) The admission to the United States of a spouse, child, 
parent, or guardian described in clause (i) shall not be charged 
against the numerical limitation established in accordance with the 
appropriate subsection under which the refugee's admission is charged.
    ``(B) A mother or father who seeks to accompany, or follow to join, 
an alien granted admission as a refugee under this subsection shall 
continue to be classified as a mother or father for purposes of this 
paragraph if the alien attained 21 years of age while such application 
was pending.
    ``(C) The parent or de facto guardian (as determined by the 
Secretary of Homeland Security) of a refugee child admitted under this 
section and was admitted under the Unaccompanied Refugee Minors program 
(as described in subparagraph (D), (E), or (H) of section 101(b)(1) 
shall be treated in accordance with subparagraph (A) if such parent or 
guardian seeks to follow to join such refugee child and the minor 
consents to being joined by such individual.
    ``(D)(i) Not later than 1 year after the date on which an 
application for refugee status is filed under this paragraph--
            ``(I) required screenings and background checks shall be 
        completed; and
            ``(II) the application shall be adjudicated.
    ``(ii) The adjudication of an application may exceed the timeframe 
under clause (i) only in exceptional circumstances in which additional 
time to process an application is necessary to satisfy national 
security concerns, if the Secretary of Homeland Security has--
            ``(I) made a determination that the applicant meets the 
        requirements for refugee status under this section; and
            ``(II) notified the applicant of such determination.''.
    (c) Treatment of Asylee Families and Timely Adjudication.--Section 
208(b)(3) of the Immigration and Nationality Act (8 U.S.C. 1158(b)(3)), 
as amended by section 1105(d), is further amended--
            (1) in subparagraph (A), by striking ``or following to 
        join, such alien'' and inserting, ``or following to join, such 
        alien, irrespective of the date on which such alien was granted 
        asylum''; and
            (2) by adding at the end the following:
                    ``(C) Children of asylee spouses.--A child (as 
                defined in subparagraph (A), (B), (C), (D), or (E) of 
                section 101(b)(1)) born to the asylee spouse who 
                qualifies for admission under paragraph (A) shall, if 
                not otherwise eligible for asylum under this section, 
                be granted the same status as such asylee spouse if 
                accompanying, or following to join, such asylee spouse.
                    ``(D) Application process.--
                            ``(i) In general.--Not later than 1 year 
                        after the date on which an application for 
                        refugee status is filed under this paragraph--
                                    ``(I) required screenings and 
                                background checks shall be completed; 
                                and
                                    ``(II) the application shall be 
                                adjudicated.
                            ``(ii) Exception.--The adjudication of an 
                        application may exceed the timeframe under 
                        clause (i) only in exceptional circumstances in 
                        which additional time to process an application 
                        is necessary to satisfy national security 
                        concerns, if the Secretary of Homeland Security 
                        has--
                                    ``(I) made a determination that the 
                                applicant meets the requirements for 
                                refugee status under this section; and
                                    ``(II) notified the applicant of 
                                such determination.
                            ``(iii) Prohibition on denials due to 
                        processing delays.--An application for asylum 
                        under this paragraph shall not be denied, in 
                        whole or in part, on the basis that processing 
                        could not be completed within the timeframe 
                        under clause (i).''.

SEC. 1202. 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 sections 1103 and 
        1104, by amending subparagraph (E) to read as follows:
                    ``(E) Applicability to minors.--Subparagraphs (A) 
                and (B) 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)(4), as added by section 1105, by 
        adding at the end the following:
                    ``(C) Applicants younger than 18 years of age.--An 
                asylum officer (as defined in section 235(b)(1)(E)) 
                shall have initial jurisdiction over any asylum 
                application filed by an applicant who is younger than 
                18 years of age on the earlier of--
                            ``(i) the date on which the asylum 
                        application is filed; or
                            ``(ii) the date on which any notice to 
                        appear is issued.''.
    (b) Treatment of Spouse, Children, Mother, and Father Seeking 
Asylum.--Section 208(b)(3) of the Immigration and Nationality Act (8 
U.S.C. 1158), as amended by section 1105, is further amended--
            (1) in the paragraph heading, by striking ``and children'' 
        and inserting ``, children, mothers, and fathers'';
            (2) in subparagraph (A), by striking ``(as defined in 
        section 101(b)(1)(A), (B), (C), (D), or (E)) of an alien'' and 
        inserting ``(as defined in subparagraph (A), (B), (C), (D), 
        (E), or (H) of section 101(b)(1)) of an alien, or the mother or 
        father of an alien who is such a child,''; and
            (3) by amending subparagraph (B) to read as follows:
                    ``(B) Continued classification of certain aliens as 
                children.--
                            ``(i) Unmarried aliens.--An unmarried alien 
                        who seeks to accompany, or follow to join, a 
                        mother or father granted asylum under this 
                        subsection, and any child of such unmarried 
                        alien, shall continue to be classified as a 
                        child for purposes of this paragraph and shall 
                        be considered a refugee, if--
                                    ``(I) the alien was younger than 21 
                                years of age on the date on which such 
                                mother or father applied for asylum 
                                under this section; and
                                    ``(II) the alien attained 21 years 
                                of age while such application was 
                                pending.
                            ``(ii) Effect on mothers and fathers.--A 
                        mother or father who seeks to accompany, or 
                        follow to join, an alien granted asylum under 
                        this subsection shall continue to be classified 
                        as a mother or father for purposes of this 
                        paragraph, and together with the spouse or 
                        child of such mother or father, be considered a 
                        refugee, if the alien attained 21 years of age 
                        while such application was pending.''.
    (c) Repeal of Contiguous Country Exception.--
            (1) In general.--Section 235(a) of the William Wilberforce 
        Trafficking Victims Protection Reauthorization Act of 2008 (8 
        U.S.C. 1232(a)) is amended--
                    (A) by striking paragraph (2);
                    (B) by amending paragraph (3) to read as follows:
            ``(3) Rule for all unaccompanied children.--The custody of 
        unaccompanied alien children who are apprehended at the border 
        of the United States or at a United States port of entry shall 
        be treated in accordance with subsection (b).'';
                    (C) by amending paragraph (4) to read as follows:
            ``(4) Screening.--
                    ``(A) In general.--Within 48 hours of the 
                apprehension of a child who is believed to be an 
                unaccompanied alien child, the child shall be 
                transferred to the Secretary of Health and Human 
                Services and treated in accordance with subsection (b).
                    ``(B) Rule of construction.--Nothing in this 
                paragraph may be construed to preclude an earlier 
                transfer of a child.'';
                    (D) by amending paragraph (5) to read as follows:
            ``(5) Placement in removal proceedings.--Any unaccompanied 
        alien child sought to be removed by the Department of Homeland 
        Security shall be--
                    ``(A) placed in removal proceedings under section 
                240 of the Immigration and Nationality Act (8 U.S.C. 
                1229a);
                    ``(B) eligible for relief under section 240B of 
                that Act (8 U.S.C. 1229c) at no cost to the child; and
                    ``(C) provided access to counsel in accordance with 
                subsection (c)(5).''; and
                    (E) by redesignating paragraphs (3) through (5) as 
                paragraphs (2) through (4), respectively.
            (2) Conforming amendments.--Section 235 of the William 
        Wilberforce Trafficking Victims Protection Reauthorization Act 
        of 2008 (8 U.S.C. 1232) is amended--
                    (A) in subsection (c)(5), by striking ``, and who 
                are not described in subsection (a)(2)(A),''; and
                    (B) in subsection (e), by striking ``, including 
                children described in subsection (a)(2)''.
    (d) Duration of Unaccompanied Child Designation.--Section 235(a) of 
the William Wilberforce Trafficking Victims Protection Reauthorization 
Act of 2008 (8 U.S.C. 1232(a)), as amended by subsection (c), is 
further amended by adding at the end the following:
            ``(5) Duration of unaccompanied alien child 
        determination.--
                    ``(A) In general.--Upon identification as an 
                unaccompanied alien child, a child shall be afforded 
                all substantive and procedural protections provided for 
                unaccompanied alien children under this section and any 
                other Federal law for the duration of the child's 
                removal proceedings.
                    ``(B) Reevaluation and revocation prohibited.--The 
                head of a Federal agency may not--
                            ``(i) reevaluate or revoke a determination 
                        that an individual is an unaccompanied alien 
                        child; or
                            ``(ii) deny or impede access to any 
                        protections provided for unaccompanied alien 
                        children by Federal law, including on the basis 
                        of the individual's reunification with a parent 
                        or legal guardian or the individual having 
                        attained 18 years of age.''.
    (e) Child Protective Measures for All Children in U.S. Customs and 
Border Protection Custody.--
            (1) Purpose.--The purposes of this subsection are--
                    (A) to ensure the safety and access to protection 
                of children temporarily in the custody of U.S. Customs 
                and Border Protection by requiring the Secretary of 
                Homeland Security to hire child welfare professionals; 
                and
                    (B) to prevent unnecessary family separation 
                through the deployment of officials of the Department 
                of Health and Human Services to U.S. Customs and Border 
                Protection facilities to evaluate unaccompanied 
                children arriving with non-parent, adult family members 
                for reunification within 72 hours.
            (2) Child welfare professionals.--
                    (A) Definition of child welfare professional.--The 
                term ``child welfare professional'' means an individual 
                who--
                            (i) is State-licensed in social work;
                            (ii) has direct experience working with 
                        children;
                            (iii) has expertise in--
                                    (I) child development; and
                                    (II) culturally competent, trauma-
                                centered, and developmentally 
                                appropriate interviewing skills;
                            (iv) has knowledge of Federal and State 
                        child welfare laws and standards; and
                            (v) is proficient in 1 or more of the most 
                        common languages spoken by children apprehended 
                        at the southern border of the United States.
                    (B) Staffing of child welfare professionals at u.s. 
                customs and border protection facilities.--The 
                Secretary of Homeland Security shall ensure that 1 or 
                more child welfare professionals is available at each 
                port of entry and Border Patrol station along the 
                southern land border of the United States to accomplish 
                the duties described in this subsection.
                            (i) Hiring.--The Secretary of Homeland 
                        Security, in consultation with the Secretary of 
                        Health and Human Services, shall hire, or seek 
                        to enter into contracts with, child welfare 
                        professionals who shall--
                                    (I) work onsite on a full-time 
                                basis at ports of entry or Border 
                                Patrol stations that have had not fewer 
                                than 25 children in custody--
                                            (aa) on any day during the 
                                        preceding fiscal year; or
                                            (bb) during the fiscal year 
                                        in which this Act is enacted 
                                        based on a review of monthly 
                                        statistical reports during the 
                                        such fiscal year;
                                    (II) remain available by telephone 
                                and videoconference on an on-call basis 
                                to U.S. Customs and Border Protection 
                                personnel at ports of entry or Border 
                                Patrol stations that are not described 
                                in subclause (I).
                            (ii) Interpreter required.--In the case of 
                        a child welfare professional who does not speak 
                        the best language of a child in the custody of 
                        U.S. Customs and Border Protection at a port of 
                        entry or Border Patrol station along the 
                        southern land border of the United States, the 
                        Secretary of Homeland Security shall provide an 
                        interpreter.
                    (C) Duties.--In accordance with the timeframe under 
                subsections (a)(4) and (b)(3) of section 235 of the 
                William Wilberforce Trafficking Victims Protection 
                Reauthorization Act of 2008 (8 U.S.C. 1232), as amended 
                by this Act, child welfare professionals placed as 
                ports of entry and Border Patrol stations under 
                subparagraph (B) shall--
                            (i) conduct screening of each child in the 
                        custody of U.S. Customs and Border Protection 
                        in accordance with such subsection (a)(4);
                            (ii) ensure appropriate care of each child 
                        in the custody of U.S. Customs and Border 
                        Protection;
                            (iii) ensure that any allegation of abuse 
                        or mistreatment of a child in the custody of 
                        U.S. Customs and Border Protection is referred 
                        to the appropriate Federal and State 
                        authorities;
                            (iv) with respect to a child who may meet 
                        the notification and transfer requirements 
                        under subsections (a) and (b) of section 235 of 
                        the William Wilberforce Trafficking Victims 
                        Protection Reauthorization Act of 2008 (8 
                        U.S.C. 1232), including a child for whom a 
                        determination cannot be made, notify the 
                        Secretary of Homeland Security and the 
                        Assistant Secretary of the Office of Refugee 
                        Resettlement of the presence of such child at 
                        the port of entry or Border Patrol station;
                            (v) conduct an initial family relationship 
                        and trafficking assessment for each child in 
                        the custody of U.S. Customs and Border 
                        Protection; and
                            (vi) perform other duties as appropriate.
                    (D) Report.--Not later than 180 days after the date 
                of the enactment of this Act, and every quarter 
                thereafter, the Secretary of Homeland Security shall 
                submit to the Committee on the Judiciary, the Committee 
                on Homeland Security and Governmental Affairs, and the 
                Committee on Health, Education, Labor, and Pensions of 
                the Senate and the Committee on the Judiciary, the 
                Committee on Homeland Security, the Committee on 
                Oversight and Reform, and the Committee on Education 
                and Labor of the House of Representatives a report 
                that, for the preceding fiscal quarter--
                            (i) describes the activities carried out by 
                        child welfare professionals under this 
                        subsection;
                            (ii) assesses the effectiveness of such 
                        activities; and
                            (iii) includes non-personally identifiable 
                        data on all children screened by child welfare 
                        professionals under this subsection, 
                        including--
                                    (I) the number and location of 
                                children in the physical custody of the 
                                Department of Homeland Security;
                                    (II) the number of children 
                                transferred to the custody of the 
                                Secretary of Health and Human Services; 
                                and
                                    (III) the number of children 
                                removed from the United States, and the 
                                countries of nationality of such 
                                children.
            (3) Expedited reunification at the border.--
                    (A) In general.--Unaccompanied children encountered 
                by the Commissioner of U.S. Customs and Border 
                Protection together with 1 or more adult family members 
                who are not their parents or legal guardians shall be--
                            (i) transferred, along with those adult 
                        family members, to the nearest U.S. Customs and 
                        Border Protection reception center where field 
                        staff of the Department of Health and Human 
                        Services are onsite; and
                            (ii) screened, along with the 1 or more 
                        adult family members, by such field staff shall 
                        to assess--
                                    (I) the validity of the 
                                relationship between the child and 1 or 
                                more adult family members;
                                    (II) the ability of the 1 or more 
                                adult family members to care for child; 
                                and
                                    (III) any risk of trafficking or 
                                abuse from the 1 or more adult family 
                                members.
                    (B) Interview.--In conducting the screening under 
                subparagraph (A)(ii), the field staff of the Department 
                of Health and Human Services shall interview the 
                child--
                            (i) together with the 1 or more adult 
                        family members; and
                            (ii) separately from the adult family 
                        member(s).
                    (C) Observation.--In the case of young children and 
                infants screened under this paragraph, in addition to 
                evaluating the documentary evidence of relationship 
                provided, the field staff of the Department of Health 
                and Human Services shall observe the interactions 
                between the children and their 1 or more adult family 
                members.
                    (D) U.S. customs and border protection custody.--
                During the screening required by this paragraph, an 
                unaccompanied child described in subparagraph (A) shall 
                remain in the legal custody of the Commissioner of U.S. 
                Customs and Border Protection for not more than 72 
                hours.
                    (E) Safe sponsor determination.--
                            (i) In general.--If field staff of the 
                        Health and Human Services determine that an 
                        adult family member is a safe sponsor, the 
                        Commissioner of U.S. Customs and Border 
                        Protection, absent exigent circumstances, shall 
                        approve the sponsor for release and transfer 
                        custody of the child from the Commissioner to 
                        the Secretary of Health and Human Services in a 
                        designated space so that the Office of Refugee 
                        Resettlement may promptly reunify the child 
                        directly with the adult sponsor.
                            (ii) Referral for legal services.--The 
                        Assistant Secretary of the Office of Refugee 
                        Resettlement shall ensure that any child 
                        approved for release with their family sponsor 
                        under this subparagraph is referred to a legal 
                        services provider funded by the Department of 
                        Health and Human Services to represent the 
                        child post-release.
                    (F) Department of health and human services 
                custody.--In any case in which Department of Health and 
                Human Services field staff cannot approve a child's 
                reunification not later than 72 hours after the time at 
                which the child is apprehended--
                            (i) the Commissioner of U.S. Customs and 
                        Border Protection shall transfer custody of the 
                        child to the Secretary of Health and Human 
                        Services for placement in Office of Refugee 
                        Resettlement care in the least restrictive 
                        setting in the child's best interest, as 
                        required by section 235 of the William 
                        Wilberforce Trafficking Victims Protection 
                        Reauthorization Act of 2008; and
                            (ii) the Secretary of Health and Human 
                        Services shall appoint an independent child 
                        advocate to the child upon the child's arrival 
                        in Office of Refugee Resettlement care.
                    (G) Legal orientation presentations in reception 
                centers.--The Secretary of Health and Human Services 
                shall work with stakeholders to ensure that legal staff 
                are detailed to U.S. Customs and Border Protection 
                reception centers sites to provide legal orientation 
                presentations to unaccompanied children while their 1 
                or more adult family members are evaluated by 
                Department of Health and Human Services field staff.
            (4) Rule of construction.--Nothing in this subsection may 
        be construed to modify--
                    (A) the definition of the term ``unaccompanied 
                alien child'' under section 462(g)(2) of the Homeland 
                Security Act of 2002 (6 U.S.C. 279(g)(2));
                    (B) the obligation of the Secretary of Health and 
                Human Services to take a child into custody, and if the 
                child cannot be reunified with the adult family member 
                as set forth in paragraph (3)(E) to place the child in 
                the least restrictive setting in their best interests, 
                consistent with section 279(g) of the Homeland Security 
                Act of 2002 (6 U.S.C. 279(g)) or section 235 of the 
                William Wilberforce Trafficking Victims Protection 
                Reauthorization Act of 2008 (8 U.S.C. 1232); or
                    (C) the duration of the unaccompanied alien child 
                determination and associated legal protections under 
                section 235 of the William Wilberforce Trafficking 
                Victims Protection Reauthorization Act of 2008 (8 
                U.S.C. 1232).
    (f) Elimination of Special Immigrant Juvenile Visa Cap.--
            (1) Aliens not subject to direct numerical limitations.--
        Section 201(b)(1)(A) of the Immigration and Nationality Act (8 
        U.S.C. 1151(b)(1)(A)) is amended by striking ``subparagraph (A) 
        or (B)'' and inserting ``subparagraph (A), (B), or (J)''.
            (2) Preference allocation for employment-based 
        immigrants.--Section 203(b)(4) of the Immigration and 
        Nationality Act (8 U.S.C. 1153(b)(4)) is amended by striking 
        ``subparagraph (A) or (B)'' and inserting ``subparagraph (A), 
        (B), or (J)''.

SEC. 1203. FAIR DAY IN COURT FOR KIDS.

    (a) Improving Immigration Court Efficiency and Reducing Costs by 
Increasing Access to Legal Information.--
            (1) Appointment of counsel in certain cases; right to 
        review certain documents in removal proceedings.--Section 
        240(b) of the Immigration and Nationality Act (8 U.S.C. 
        1229a(b)) is amended--
                    (A) in paragraph (4)--
                            (i) in the matter preceding subparagraph 
                        (A), by inserting ``, or in the case of an 
                        unaccompanied alien child (as defined in 
                        section 462(g)(2) of the Homeland Security Act 
                        of 2002 (6 U.S.C. 279(g)(2))), under 
                        regulations of the Secretary of Health and 
                        Human Services'' after ``Attorney General'';
                            (ii) in subparagraph (A)--
                                    (I) by striking ``, at no expense 
                                to the Government,''; and
                                    (II) by striking the comma at the 
                                end and inserting a semicolon;
                            (iii) by redesignating subparagraphs (B) 
                        and (C) as subparagraphs (D) and (E), 
                        respectively;
                            (iv) by inserting after subparagraph (A) 
                        the following:
                    ``(B) the Attorney General, or in the case of an 
                unaccompanied alien child, the Secretary of Health and 
                Human Services, may appoint or provide counsel, at 
                Government expense, to the alien;
                    ``(C) the alien, at the beginning of such 
                proceedings or as expeditiously as possible, shall 
                automatically receive a complete copy of all relevant 
                documents in the possession of the Department of 
                Homeland Security (unless the alien waives the right to 
                receive such documents by executing a knowing and 
                voluntary written waiver in a language that he or she 
                understands fluently), including--
                            ``(i) all documents (other than documents 
                        protected from disclosure by privilege and 
                        documents containing national security 
                        information referred to in subparagraph (D), 
                        law enforcement sensitive information, or 
                        information prohibited from disclosure pursuant 
                        to any other provision of law) contained in the 
                        file maintained by the Government that includes 
                        information with respect to all transactions 
                        involving the alien during the immigration 
                        process (commonly referred to as an `A-file'); 
                        and
                            ``(ii) all documents pertaining to the 
                        alien that the Department of Homeland Security 
                        has obtained or received from other government 
                        agencies;''; and
                            (v) in subparagraph (D), as redesignated, 
                        by striking ``, and'' and inserting ``; and''; 
                        and
                    (B) by adding at the end the following:
            ``(8) Failure to provide alien required documents.--In the 
        absence of a waiver under paragraph (4)(C), a removal 
        proceeding may not proceed until the alien--
                    ``(A) has received the documents required under 
                such paragraph; and
                    ``(B) has been provided meaningful time to review 
                and assess such documents.''.
            (2) Clarification regarding the authority of the attorney 
        general and the secretary of health and human services to 
        appoint counsel to aliens in immigration proceedings.--Section 
        292 of the Immigration and Nationality Act (8 U.S.C. 1362) is 
        amended--
                    (A) by striking ``In any'' and inserting the 
                following:
    ``(a) In General.--In any proceeding conducted under section 235, 
236, 238, 240, or 241, or under any other section of this Act, 
including'';
                    (B) in subsection (a), as redesignated--
                            (i) by striking ``(at no expense to the 
                        Government)''; and
                            (ii) by striking ``he shall'' and inserting 
                        ``the person shall''; and
                            (iii) by adding at the end the following:
    ``(b) Access to Counsel.--
            ``(1) In general.--The Attorney General may appoint or 
        provide counsel to aliens in any proceeding conducted under 
        section 235, 236, 238, 240, or 241, or under any other section 
        of this Act.
            ``(2) Unaccompanied alien children.--The Secretary of 
        Health and Human Services may appoint or provide counsel to 
        unaccompanied alien children (as defined in section 462(g)(2) 
        of the Homeland Security Act of 2002 (6 U.S.C. 279(g)(2))) in 
        any applicable proceeding conducted pursuant to any section of 
        this Act.
            ``(3) Immigration detention and border facilities.--The 
        Secretary of Homeland Security shall ensure that aliens have 
        access to counsel inside all immigration detention and border 
        facilities.''.
            (3) Appointment of counsel for children and vulnerable 
        aliens.--
                    (A) In general.--Section 292 of the Immigration and 
                Nationality Act, as amended by subsection (b), is 
                further amended by adding at the end the following:
    ``(c) Unaccompanied Alien Children.--Notwithstanding subsection 
(b), the Secretary of Health and Human Services shall appoint or 
provide counsel at Government expense, if necessary, at the beginning 
of immigration proceedings, or as expeditiously as possible, to 
represent in such proceedings unaccompanied alien children.
    ``(d) Other Vulnerable Aliens.--Notwithstanding subsection (b), the 
Attorney General shall appoint or provide counsel at Government 
expense, if necessary, at the beginning of immigration proceedings or 
as expeditiously as possible, to represent in such proceedings any 
alien who has been determined by the Secretary of Homeland Security or 
the Attorney General to be--
            ``(1) a child who is not an unaccompanied alien child;
            ``(2) a person with a disability;
            ``(3) a victim of abuse, torture, or violence;
            ``(4) an individual whose income is at or below 200 percent 
        of the poverty line (as defined by the Office of Management and 
        Budget and revised annually in accordance with section 673(2) 
        of the Community Services Block Grant Act (42 U.S.C. 9902(2))) 
        applicable to a family of the size involved; or
            ``(5) an individual whose circumstances require the 
        appointment of counsel to help ensure the fair resolution and 
        efficient adjudication of the proceedings.
    ``(e) Extension to Consolidated Cases.--If the Attorney General has 
consolidated the case of an alien for whom counsel was appointed under 
subsection (c) or (d) with the case of another alien who does not have 
counsel, the counsel appointed under subsection (c) or (d), as 
applicable, shall be appointed to represent such other alien.
    ``(f) Authorization of Appropriations.--There is authorized to be 
appropriated to the Office of Refugee Resettlement of the Department of 
Health and Human Services and to the Executive Office for Immigration 
Review of the Department of Justice, such sums as may be necessary to 
carry out this section.''.
                    (B) Rulemaking.--
                            (i) Unaccompanied alien children.--The 
                        Secretary of Health and Human Services shall 
                        promulgate regulations to implement section 
                        292(c) of the Immigration and Nationality Act, 
                        as added by subparagraph (A), in accordance 
                        with the requirements set forth in section 
                        3006A of title 18, United States Code.
                            (ii) Other vulnerable aliens.--The Attorney 
                        General shall promulgate regulations to 
                        implement section 292(d) of the Immigration and 
                        Nationality Act, as added by subparagraph (A), 
                        in accordance with the requirements set forth 
                        in section 3006A of title 18, United States 
                        Code.
    (b) Access by Counsel and Legal Orientation at Detention 
Facilities.--
            (1) Access to counsel.--The Secretary of Homeland Security 
        shall facilitate access to counsel for all aliens detained in 
        facilities under the supervision of U.S. Immigration and 
        Customs Enforcement or of U.S. Customs and Border Protection, 
        including providing information to such aliens regarding legal 
        services programs at detention facilities.
            (2) Access to legal orientation programs.--
                    (A) Procedures.--The Secretary of Homeland 
                Security, in consultation with the Attorney General, 
                shall establish procedures--
                            (i) to ensure that legal orientation 
                        programs are available for all detained aliens, 
                        including aliens held in U.S. Customs and 
                        Border Protection facilities; and
                            (ii) to inform such aliens of--
                                    (I) the basic procedures of 
                                immigration hearings;
                                    (II) their rights relating to such 
                                hearings under Federal immigration 
                                laws;
                                    (III) information that may deter 
                                such aliens from filing frivolous legal 
                                claims; and
                            (iii) any other information that the 
                        Attorney General considers appropriate, such as 
                        a contact list of potential legal resources and 
                        providers.
                    (B) Universal availability.--Access to legal 
                orientation programs under subparagraph (A) may not be 
                limited by the alien's current immigration status, 
                prior immigration history, or potential for immigration 
                relief.
    (c) Report on Access to Counsel.--
            (1) Report.--Not later than December 31 each year, the 
        Secretary of Homeland Security, in consultation with the 
        Attorney General and the Secretary of Health and Human 
        Services, shall submit a report to the Committee on the 
        Judiciary of the Senate and the Committee on the Judiciary of 
        the House of Representatives regarding the extent to which 
        aliens described in subsections (c) and (d) of section 292 of 
        the Immigration and Nationality Act, as added by subsection 
        (a)(3)(A), have been provided access to counsel.
            (2) Contents.--Each report submitted pursuant to paragraph 
        (1) shall include, for the immediately preceding 1-year 
        period--
                    (A) the number and percentage of aliens described 
                in section 292(c) of the Immigration and Nationality 
                Act and in paragraphs (1), (2), (3), and (4), 
                respectively, of section 292(d) of such Act who were 
                represented by counsel, including information 
                specifying--
                            (i) the stage of the legal process at which 
                        the alien was represented; and
                            (ii) whether the alien was in government 
                        custody; and
                    (B) the number and percentage of aliens who 
                received legal orientation presentations.
    (d) Motions To Reopen.--Section 240(c)(7)(C) of the Immigration and 
Nationality Act (8 U.S.C. 1229a(c)(7)(C)) is amended by adding at the 
end the following:
                            ``(v) Special rule for aliens entitled to 
                        appointment of counsel.--If the Secretary of 
                        Health and Human Services or the Attorney 
                        General fail to appoint counsel for an alien in 
                        accordance with subsection (c) or (d) of 
                        section 292, as applicable--
                                    ``(I) no limitation under this 
                                paragraph pertaining to the filing of 
                                any motion under this paragraph by such 
                                alien shall apply; and
                                    ``(II) the filing of such a motion 
                                shall stay the removal of the alien.''.

        Subtitle C--Protections for Other Vulnerable Individuals

                    CHAPTER 1--STATELESS PROTECTION

SEC. 1311. PROTECTION OF STATELESS PERSONS IN THE UNITED STATES.

    (a) In General.--Chapter 5 of title II of the Immigration and 
Nationality Act (8 U.S.C. 1255 et seq.) is amended by inserting after 
section 245A the following:

``SEC. 245B. PROTECTION OF STATELESS PERSONS IN THE UNITED STATES.

    ``(a) Definitions.--In this section:
            ``(1) Competent authority.--With respect to a foreign 
        country, the term `competent authority'--
                    ``(A) means the authority responsible for--
                            ``(i) conferring nationality on, or 
                        withdrawing nationality from, individuals; or
                            ``(ii) in the case of nationality having 
                        been acquired or withdrawn automatically, 
                        clarifying the nationality status of an 
                        individual; and
                    ``(B) includes a Federal, local, or regional 
                government entity, a consular official, and a 
                government official at any level, notwithstanding any 
                process by which a decision by such an entity or 
                official may later be overridden.
            ``(2) National; nationality.--The terms `national' and 
        `nationality'--
                    ``(A) refer to a formal link, of a political and 
                legal character, between an individual and a country; 
                and
                    ``(B) do not include the concept of nationality 
                relating to membership in a religious, linguistic, or 
                ethnic group.
            ``(3) Noncitizen.--The term `noncitizen' has the meaning 
        given the term `alien' in section 101(a).
            ``(4) Operation of law; operation of its law.--The terms 
        `operation of law' and `operation of its law'--
                    ``(A) refer to the consideration by a competent 
                authority of a country with respect to an individual in 
                practice, including under the legislation, ministerial 
                decrees, regulations, orders, judicial case law, and 
                customary practices of the competent authority; and
                    ``(B) include situations in which the position of 
                the competent authority differs from the law as 
                written, if the position of the competent authority 
                that an individual is not a national of the country is 
                determinative.
            ``(5) Relevant association.--The term `relevant 
        association' means a natural person's connection to a country 
        through--
                    ``(A) birth on the territory of the country;
                    ``(B) descent from 1 or more individuals who are 
                nationals of the country;
                    ``(C) marriage to an individual who is a national 
                of the country;
                    ``(D) adoption by an individual who is a national 
                of the country; or
                    ``(E) habitual residence in the country.
            ``(6) Stateless person.--The term `stateless person' means 
        an individual who is not considered as a national by any state 
        under the operation of its law.
    ``(b) Mechanisms for Regularizing the Status of Stateless 
Persons.--
            ``(1) Stateless protected status.--
                    ``(A) Principal applicants.--Notwithstanding any 
                other provision of law, the Secretary of Homeland 
                Security shall provide stateless protected status to a 
                noncitizen who--
                            ``(i) is a stateless person present in the 
                        United States;
                            ``(ii) applies for such relief;
                            ``(iii) has not formally renounced his or 
                        her nationality as a result of voluntary, 
                        affirmative, and intentional action after 
                        arrival in the United States and after the date 
                        of the enactment of this section, unless the 
                        renunciation was the result of duress, 
                        coercion, or a reasonable expectation that the 
                        noncitizen had acquired or would acquire 
                        another nationality or citizenship; and
                            ``(iv) is not inadmissible under 212(a)(3), 
                        except as provided in paragraph (2) of this 
                        subsection; and
                            ``(v) is not described in section 
                        241(b)(3)(B)(i).
                    ``(B) Treatment of spouse and children.--
                Notwithstanding any other provision of law, the 
                Secretary of Homeland Security shall provide stateless 
                protected status to a noncitizen who--
                            ``(i) is the spouse or child of a 
                        noncitizen described in subparagraph (A), if 
                        such spouse or child is not otherwise eligible 
                        for admission under that subparagraph;
                            ``(ii) is accompanying, or following to 
                        join, such noncitizen;
                            ``(iii) established the qualifying 
                        relationship to such noncitizen before the date 
                        on which such noncitizen applied for stateless 
                        protected status;
                            ``(iv) is not inadmissible under 212(a)(3), 
                        except as provided in paragraph (2) of this 
                        subsection; and
                            ``(v) is not described in section 
                        241(b)(3)(B)(i).
                    ``(C) Stateless protected status.--Noncitizens with 
                stateless protected status--
                            ``(i) shall--
                                    ``(I) receive relevant protections 
                                against deportation, removal, and 
                                detention, as described in paragraph 
                                (3);
                                    ``(II) be authorized for 
                                employment, as described in paragraph 
                                (4); and
                                    ``(III) be eligible to apply for a 
                                travel document, as described in 
                                paragraph (5); and
                            ``(ii) shall not face limitations from 
                        immigration enforcement officials on their 
                        domestic travel.
                    ``(D) Concurrent grant of lawful permanent 
                residence.--
                            ``(i) In general.--Except as provided in 
                        clause (ii), notwithstanding any other 
                        provision of law, immediately on granting 
                        stateless protected status to a noncitizen, the 
                        Secretary of Homeland Security shall adjust the 
                        status of the noncitizen to that of a 
                        noncitizen lawfully admitted for permanent 
                        residence.
                            ``(ii) Exception.--The Secretary of 
                        Homeland Security may not adjust the status of 
                        a noncitizen with stateless protected status 
                        who is inadmissible under section 212(a)(2).
            ``(2) Waivers.--
                    ``(A) In general.--Notwithstanding any other 
                provision of law, the Secretary of Homeland Security 
                may, for humanitarian purposes, in the interests of 
                access to fundamental or enabling rights, to ensure 
                family unity, or when it is otherwise in the public 
                interest, waive the operation of the grounds of 
                inadmissibility set forth in paragraphs (2) and (3) of 
                section 212(a), for relief under this section.
                    ``(B) Factors.--In making a determination under 
                subparagraph (A), the Secretary of Homeland Security 
                shall consider all relevant factors, including--
                            ``(i) mitigating and aggravating factors of 
                        the basis for inadmissibility;
                            ``(ii) the duration of the noncitizen's 
                        residence in the United States; and
                            ``(iii) the degree to which the 
                        noncitizen's removal, or denial of the 
                        noncitizen's application, would adversely 
                        affect the noncitizen or the noncitizen's 
                        United States citizen or lawful permanent 
                        resident family members.
            ``(3) Release from post-removal detention.--A grant of 
        stateless protected status under this section shall--
                    ``(A) trigger immediate release of an individual 
                from post-removal detention;
                    ``(B) be considered to establish that there is no 
                significant likelihood of the individual's removal in 
                the reasonably foreseeable future; and
                    ``(C) establish a presumption that travel documents 
                are not available for the individual.
            ``(4) Employment authorization.--
                    ``(A) In general.--An individual granted stateless 
                protected status under this section shall receive 
                employment authorization for a renewable period not 
                less than 5 years.
                    ``(B) Pending application.--
                            ``(i) In general.--During the 150-day 
                        period after the date on which an application 
                        for status under this section is submitted, the 
                        Secretary of Homeland Security may authorize 
                        the applicant to engage in employment in the 
                        United States.
                            ``(ii) Mandatory employment 
                        authorization.--If the Secretary of Homeland 
                        Security has not issued a decision within the 
                        150-day period beginning on the date on which 
                        an application for status under this section is 
                        submitted, the Secretary of Homeland Security 
                        shall authorize the applicant to engage in 
                        employment in the United States until the date 
                        on which a decision is issued on the 
                        application for lawful permanent residence or 
                        stateless protected status.
            ``(5) Travel documents.--
                    ``(A) In general.--On request, the Secretary of 
                Homeland Security shall provide to any noncitizen 
                granted relief under this section, a travel document 
                that facilitates the noncitizen's ability to travel 
                abroad and to be admitted to the United States upon 
                return.
                    ``(B) Validity.--The minimum period of validity for 
                a document issued under subparagraph (A) shall be 10 
                years.
            ``(6) Naturalization.--Notwithstanding any other provision 
        of law, an individual granted lawful permanent residence status 
        under paragraph (1)(D) may apply for naturalization after 
        having resided continuously in the United States for at least 3 
        years beginning on the date on which such individual is granted 
        lawful permanent resident status.
    ``(c) Evidentiary Matters.--
            ``(1) In general.--In determining if an individual is a 
        stateless person under this section, the Secretary of Homeland 
        Security shall consider and obtain any credible evidence 
        relevant to the application, including information from--
                    ``(A) the Department of State, particularly the 
                Bureau of Population, Refugees, and Migration and the 
                Bureau of Democracy, Human Rights, and Labor; and
                    ``(B) relevant international and foreign bodies, 
                such as the United Nations High Commissioner for 
                Refugees, nongovernmental organizations, and the 
                competent authorities of other countries.
            ``(2) Designation of specific groups of stateless 
        persons.--The Secretary of Homeland Security, in consultation 
        with the Secretary of State, may designate 1 or more specific 
        groups of individuals who shall be considered stateless persons 
        for purposes of this section, and a noncitizen who belongs to a 
        group so designated shall be considered a stateless person.
            ``(3) Burden of proof.--The burden of proof with respect to 
        evidentiary matters relating to an application under this 
        section shall be shared between the Secretary of Homeland 
        Security and the applicant.
            ``(4) Standard of proof.--
                    ``(A) In general.--A noncitizen shall be considered 
                to be a stateless person if it is established to a 
                reasonable degree that the noncitizen meets the 
                definition of the term `stateless person' under this 
                section.
                    ``(B) Assessment of nationality.--The nationality 
                of an individual shall be assessed as of the date on 
                which a determination of eligibility under this section 
                is made.
            ``(5) Submission of documentary evidence.--
                    ``(A) Supporting documents from applicant.--An 
                applicant for relief under this section shall submit, 
                as part of the application for such relief--
                            ``(i) a full and truthful account, to the 
                        best of the noncitizen's knowledge, of such 
                        noncitizen's legal status with regard to any 
                        country in which the applicant was born or 
                        resided before entering the United States or to 
                        which the applicant has a relevant association; 
                        and
                            ``(ii) all evidence reasonably available, 
                        including any valid or expired travel document.
                    ``(B) Evidence available to secretary of homeland 
                security.--The Secretary of Homeland Security shall 
                obtain and submit to the immigration officer or 
                immigration judge and the applicant or, as applicable, 
                the applicant's counsel, all available evidence 
                regarding the legal status of the applicant in the 
                applicant's country of birth or prior residence or any 
                country to which the applicant has a relevant 
                association, including information on the relevant laws 
                and practices of the countries concerned.
                    ``(C) Consideration of response.--The Secretary of 
                Homeland Security may consider as substantial evidence 
                that an individual is not considered by a country to be 
                a national of the country the following:
                            ``(i) After 120 days have elapsed after the 
                        Secretary of Homeland Security has requested 
                        information from the country with respect to 
                        the nationality status of the individual, the 
                        lack of response from the competent authority 
                        of the country.
                            ``(ii) A pro forma response from the 
                        country that lacks an application of the law or 
                        facts to the particular individual.
                            ``(iii) The refusal of the country to 
                        accept the individual for deportation or 
                        removal.
    ``(d) Fees.--The Secretary of Homeland Security may not charge a 
noncitizen any fee in connection with an application for, or issuance 
of, lawful status under this section, employment authorization, or 
travel documents.
    ``(e) Jurisdiction and Review.--
            ``(1) In general.--The Director of U.S. Citizenship and 
        Immigration Services shall have jurisdiction over an 
        application for stateless protected status and adjustment of 
        status filed by a noncitizen under this section.
            ``(2) Review.--A denial by the Secretary of Homeland 
        Security of an application for relief under this section shall 
        be subject to review by the Administrative Appeals Office of 
        U.S. Citizenship and Immigration Services.
    ``(f) Effect on Removal Proceedings.--With respect to a noncitizen 
in removal proceedings who files an application for relief under this 
section, the Attorney General shall postpone the removal proceedings 
pending the adjudication of the application.
    ``(g) Applicants With Final Orders of Removal.--
            ``(1) Motions to reopen.--
                    ``(A) In general.--A noncitizen whose removal, 
                deportation, or exclusion proceedings were concluded 
                before the date of the enactment of this section, and 
                who is eligible for relief under this section, may file 
                1 motion to reopen proceedings to apply for such relief 
                not later than 1 year after the date of the enactment 
                of this section.
                    ``(B) Effect of limitations.--A time or numerical 
                limitation on motions to reopen removal, deportation, 
                or exclusion proceedings may not be construed to 
                restrict the filing of a motion to reopen under this 
                paragraph if such limitation is based on previously 
                unavailable evidence or facts, or on changed facts or 
                circumstances, including a discovery by a noncitizen 
                that the noncitizen may be a stateless person.
            ``(2) Stay of removal.--
                    ``(A) In general.--An applicant for relief under 
                this section who has been issued a final order of 
                removal, deportation, or exclusion may request a stay 
                of removal, deportation, or exclusion.
                    ``(B) Consideration of request.--With respect to an 
                individual who requests a stay under subparagraph (A), 
                if the Secretary of Homeland Security determines that 
                the application for relief is bona fide, the Secretary 
                shall automatically stay the execution of the final 
                order of deportation, exclusion, or removal, and the 
                stay will remain in effect until a final decision is 
                made on the applications.
                    ``(C) Effect of denial.--If the application is 
                denied, the stay of the final order is deemed lifted as 
                of the date of such denial, without regard to whether 
                the noncitizen appeals the decision.
            ``(3) Termination.--On the grant of an application for 
        relief under this section to a noncitizen with a final order of 
        removal, deportation, or exclusion, the final order shall be 
        deemed canceled by operation of law as of the date of the 
        approval.
    ``(h) Exclusion From Numerical Limitations.--Individuals provided 
status under this section shall not be counted against any numerical 
limitation under sections 201(d), 202(a), or 203(b)(4).
    ``(i) Rule of Construction.--Nothing in this section may be 
construed to authorize or require the admission of any noncitizen to 
the United States.
    ``(j) Reports.--
            ``(1) In general.--Not later than 120 days after the date 
        of the enactment of this section, and every 90 days thereafter, 
        the Secretary of Homeland Security shall submit to the 
        Committee on the Judiciary of the Senate and the Committee on 
        the Judiciary of the House of Representatives a report on--
                    ``(A) the number of applications submitted under 
                each of paragraphs (1), (4), and (5) of subsection (b) 
                since the date of the enactment of this section, 
                disaggregated by the country of birth of the 
                applicants; and
                    ``(B) average timelines for processing each such 
                application.
            ``(2) Public availability.--The Secretary of Homeland 
        Security shall publish each report submitted under paragraph 
        (1) on the internet website of the Department of Homeland 
        Security, respectively.
    ``(k) Publication of Guidance.--Not later than 120 days after the 
date of the enactment of this section, the Secretary of Homeland 
Security shall publish all policy manuals, guidance, and application 
instructions relating to applications under this section on the 
internet website of the Department of Homeland Security.
    ``(l) Regulations.--The Secretary of Homeland Security may issue 
such regulations as the Secretary of Homeland Security considers 
appropriate to carry out this section.''.
    (b) Technical and Conforming Amendments.--
            (1) Table of contents.--The table of contents for the 
        Immigration and Nationality Act (8 U.S.C. 1101 et seq.) is 
        amended by inserting after the item relating to section 245A 
        the following:

``Sec. 245B. Protection of stateless persons in the United States.''.
            (2) Exception for unlawful presence of stateless persons.--
        Section 212(a)(9)(B)(iii) of the Immigration and Nationality 
        Act (8 U.S.C. 1182(a)(9)(B)(iii)) is amended by adding at the 
        end the following:
                                    ``(V) Stateless persons.--Clause 
                                (i) shall not apply to a noncitizen who 
                                demonstrates that he or she is a 
                                stateless person (as defined in section 
                                245B(a)).''.

SEC. 1312. PREVENTION OF STATELESSNESS.

    (a) Births to United States Citizens Overseas.--Section 301 of the 
Immigration and Nationality Act (8 U.S.C. 1401) is amended--
            (1) in subsection (g), by striking ``; and'' and inserting 
        a semicolon;
            (2) in subsection (h), by striking the period at the end 
        and inserting ``; and''; and
            (3) by adding at the end the following:
    ``(i) a person born to a citizen of the United States outside the 
United States or in an outlying possession of the United States, if 
such person is born as a stateless person (as defined in section 
245B(a)).''.
    (b) Foundlings.--Section 301 of the Immigration and Nationality Act 
(8 U.S.C. 1401) is further amended by striking subsection (f) and 
inserting the following:
    ``(f) a person of unknown parentage found in the United States 
while under the age of 18 years, until shown, prior to the person 
attaining the age of 21 years, not to have been born in the United 
States;''.
    (c) Stateless Safeguards for Derivative Citizenship and 
International Adoptions.--
            (1) Stateless safeguards.--Section 320 of the Immigration 
        and Nationality Act (8 U.S.C. 1431) is amended by adding at the 
        end the following:
    ``(e)(1) Notwithstanding any other provision of law, a person born 
outside the United States or in an outlying possession who is or 
becomes a stateless person (as defined in section 245B(a)) 
automatically becomes a citizen of the United States on the date on 
which one of the following conditions has been fulfilled:
            ``(A) One parent is or was a citizen of the United States.
            ``(B) The person was adopted by--
                    ``(i) a citizen of the United States; or
                    ``(ii) an individual who became a citizen of the 
                United States after the date of such adoption.
    ``(2) This subsection applies to any person who meets the criteria 
under paragraph (1) at any time.''.
            (2) Age.--Section 320(a) of the Immigration and Nationality 
        Act (8 U.S.C. 1431(a)) is amended by striking paragraph (2) and 
        inserting the following:
            ``(2) The child is under the age of 21 years.''.
            (3) Entry and custody.--Section 320(a) of the Immigration 
        and Nationality Act (8 U.S.C. 1431(a)) is further amended by 
        striking paragraph (3) and inserting the following:
            ``(3) The child is residing in the United States, and 
        provided such child is under the legal age of adulthood in the 
        State in which the parent of the child or the child resides, is 
        in the legal and physical custody of the citizen parent.''.
    (d) Programs To Prevent Statelessness.--The Secretary of Homeland 
Security and Secretary of State shall jointly establish and carry out 
initiatives to prevent statelessness from occurring, which may 
include--
            (1) an assessment of United States citizenship law to 
        determine and amend any provision of law that results in 
        statelessness or a delayed acquisition of nationality that 
        increases the risk of statelessness;
            (2) studies on the profiles and number of stateless people 
        living in the United States;
            (3) programs to promote inclusive and nondiscriminatory 
        nationality laws and practices in other countries, with 
        particular attention to the prevention of atrocity crimes;
            (4) programs to encourage other countries to establish 
        stateless status determination and protection legislation; and
            (5) grants to universities and nongovernmental 
        organizations to accelerate research, education, curricula, and 
        knowledge on nationality law and practice and statelessness.

                      CHAPTER 2--OTHER INDIVIDUALS

SEC. 1321. PROTECTING VICTIMS OF TERRORISM FROM BEING DEFINED AS 
              TERRORISTS.

    (a) Security and Related Grounds.--Section 212(a)(3)(B) of the 
Immigration and Nationality Act (8 U.S.C. 1182(a)(3)(B)) is amended to 
read as follows:
                    ``(B) Terrorist activities.--
                            ``(i) In general.--Any alien who--
                                    ``(I) has engaged in a terrorist 
                                activity;
                                    ``(II) a consular officer, the 
                                Attorney General, or the Secretary of 
                                Homeland Security knows, or has 
                                reasonable grounds to believe, is 
                                engaged in or is likely to engage after 
                                entry in any terrorist activity (as 
                                defined in clause (ii));
                                    ``(III) has, under circumstances 
                                indicating an intention to cause death 
                                or serious bodily harm, incited 
                                terrorist activity;
                                    ``(IV) is a representative (as 
                                defined in clause (v)) of--
                                            ``(aa) a terrorist 
                                        organization described in 
                                        subclause (I) or (II) of clause 
                                        (vi)); and
                                            ``(bb) a political, social, 
                                        or other group that endorses or 
                                        espouses terrorist activity;
                                    ``(V) is a member of a terrorist 
                                organization described in subclause (I) 
                                or (II) of clause (vi);
                                    ``(VI) endorses or espouses 
                                terrorist activity or persuades others 
                                to endorse or espouse terrorist 
                                activity or to support a terrorist 
                                organization described in subclause (I) 
                                or (II) of clause (vi); or
                                    ``(VII) has received military-type 
                                training (as defined in section 2339D 
                                (c)(1) of title 18, United States Code) 
                                from or on behalf of any organization 
                                that, at the time the training was 
                                received, was a terrorist organization 
                                described in subclause (I) or (II) of 
                                clause (vi)), or was a terrorist 
                                organization described in subclause 
                                (III) of such clause and there are 
                                reasonable grounds for regarding the 
                                alien as a danger to the security of 
                                the United States,
                        is inadmissible. An alien who is an officer, 
                        official, representative, or spokesman of the 
                        Palestine Liberation Organization is 
                        considered, for purposes of this Act, to be 
                        engaged in a terrorist activity.
                            ``(ii) Terrorist activity defined.--In this 
                        Act, the term `terrorist activity' means any 
                        activity that is unlawful under the laws of the 
                        place in which it is committed (or which, if it 
                        had been committed in the United States, would 
                        be unlawful under the laws of the United States 
                        or any State) and that involves any of the 
                        following:
                                    ``(I) The highjacking or sabotage 
                                of any conveyance (including an 
                                aircraft, vessel, or vehicle).
                                    ``(II) The seizing or detaining, 
                                and threatening to kill, injure, or 
                                continue to detain, another individual 
                                in order to compel a third person 
                                (including a governmental organization) 
                                to carry out or abstain from carrying 
                                out any act as an explicit or implicit 
                                condition for the release of the 
                                individual seized or detained.
                                    ``(III) A violent attack upon an 
                                internationally protected person (as 
                                defined in section 1116(b)(4) of title 
                                18, United States Code) or upon the 
                                liberty of such person.
                                    ``(IV) An assassination.
                                    ``(V) The use, with the intent to 
                                endanger the safety of 1 or more 
                                individuals or to cause substantial 
                                damage to property, of any--
                                            ``(aa) biological agent, 
                                        chemical agent, or nuclear 
                                        weapon or device; or
                                            ``(bb) explosive, firearm, 
                                        or other weapon or dangerous 
                                        device (other than for mere 
                                        personal monetary gain), with 
                                        intent to endanger, directly or 
                                        indirectly, the safety of one 
                                        or more individuals or to cause 
                                        substantial damage to property.
                                    ``(VI) A threat, attempt, or 
                                conspiracy to do any of the foregoing.
                            ``(iii) Engage in terrorist activity 
                        defined.--In this Act, the term `engage in 
                        terrorist activity' means, in an individual 
                        capacity or as a member of an organization--
                                    ``(I) to commit or to incite to 
                                commit, under circumstances indicating 
                                an intention to cause death or serious 
                                bodily injury, a terrorist activity;
                                    ``(II) to prepare or plan a 
                                terrorist activity;
                                    ``(III) to gather information on 
                                potential targets for terrorist 
                                activity;
                                    ``(IV) to solicit funds or other 
                                things of value for--
                                            ``(aa) a terrorist 
                                        activity; or
                                            ``(bb) a terrorist 
                                        organization described in 
                                        subclause (I) or (II) of clause 
                                        (vi)(II);
                                    ``(V) to solicit any individual--
                                            ``(aa) to engage in conduct 
                                        otherwise described in this 
                                        subsection; or
                                            ``(bb) for membership in a 
                                        terrorist organization 
                                        described in subclause (I) or 
                                        (II) of clause (vi); or
                                    ``(VI) to commit an act that the 
                                actor knows, or reasonably should know, 
                                affords material support, including a 
                                safe house, transportation, 
                                communications, funds, transfer of 
                                funds or other material financial 
                                benefit, false documentation or 
                                identification, weapons (including 
                                chemical, biological, or radiological 
                                weapons), explosives, or training--
                                            ``(aa) for the commission 
                                        of a terrorist activity;
                                            ``(bb) to any individual 
                                        who the actor knows, or 
                                        reasonably should know, has 
                                        committed or plans to commit a 
                                        terrorist activity; or
                                            ``(cc) to a terrorist 
                                        organization described in 
                                        subclause (I) or (II) of clause 
                                        (vi) or to any member of such 
                                        an organization.
                            ``(iv) Material support.--In this Act, the 
                        term `material support' means support that is 
                        significant and of a kind directly relevant to 
                        terrorist activity.
                            ``(v) Representative defined.--In this 
                        paragraph, the term `representative' includes 
                        an officer, official, or spokesman of an 
                        organization, and any person who directs, 
                        counsels, commands, or induces an organization 
                        or its members to engage in terrorist activity.
                            ``(vi) Terrorist organization defined.--In 
                        this section, the term `terrorist organization' 
                        means an organization--
                                    ``(I) designated under section 219; 
                                or
                                    ``(II) otherwise designated, upon 
                                publication in the Federal Register, by 
                                the Secretary of State in consultation 
                                with or upon the request of the 
                                Attorney General or the Secretary of 
                                Homeland Security, as a terrorist 
                                organization, after finding that the 
                                organization engages in the activities 
                                described in subclauses (I) through 
                                (VI) of clause (iv).''.
    (b) Child Soldiers.--
            (1) Inadmissibility.--Section 212(a)(3)(G) of the 
        Immigration and Nationality Act (8 U.S.C. 1182(a)(3)(G)) is 
        amended--
                    (A) by striking ``Any alien'' and inserting the 
                following:
                            ``(i) In general.--Any alien''; and
                    (B) by adding at the end the following:
                            ``(ii) Applicability.--Clause (i) shall not 
                        apply to an alien who establishes that the 
                        actions giving rise to inadmissibility under 
                        such clause were committed under duress or 
                        carried out while the alien was younger than 18 
                        years of age.''.
            (2) Deportability.--Section 237(a)(4)(F) of such Act (8 
        U.S.C. 1227(a)(4)(F)) is amended--
                    (A) by striking ``Any alien'' and inserting the 
                following:
                            ``(i) In general.--Any alien''; and
                    (B) by adding at the end the following:
                            ``(ii) Applicability.--Clause (i) shall not 
                        apply to an alien who establishes that the 
                        actions giving rise to deportability under such 
                        clause were committed under duress or carried 
                        out while the alien was younger than 18 years 
                        of age.''.
    (c) Temporary Admission of Nonimmigrants.--Section 212(d)(3)(B)(i) 
of the Immigration and Nationality Act (8 U.S.C. 1182(d)(3)(B)(i)) is 
amended to read as follows:
            ``(B)(i) The Secretary of State, after consultation with 
        the Attorney General and the Secretary of Homeland Security, or 
        the Secretary of Homeland Security, after consultation with the 
        Secretary of State and the Attorney General, may conclude, in 
        such Secretary's sole, unreviewable discretion, that subsection 
        (a)(3)(B) shall not apply to an alien or that subsection 
        (a)(3)(B)(iii)(V)(cc) shall not apply to a group. The Secretary 
        of State may not exercise discretion under this clause with 
        respect to an alien after removal proceedings against the alien 
        have commenced under section 240.''.

SEC. 1322. PROTECTION FOR ALIENS INTERDICTED AT SEA.

    (a) In General.--Section 241(b)(3) of the Immigration and 
Nationality Act (8 U.S.C. 1231(b)(3)), as amended by section 1105, is 
amended--
            (1) in the paragraph heading, by striking ``to a country 
        where alien's life or freedom would be threatened'' and 
        inserting ``or return if refugee's life or freedom would be 
        threatened or alien would be subjected to torture'';
            (2) in subparagraph (A)--
                    (A) by striking ``Notwithstanding'' and inserting 
                the following:
                            ``(i) Life or freedom threatened.--
                        Notwithstanding''; and
                    (B) by adding at the end the following:
                            ``(ii) Asylum interview.--Notwithstanding 
                        paragraphs (1) and (2), a United States officer 
                        may not return any alien interdicted or 
                        otherwise encountered in international waters 
                        or United States waters who has expressed a 
                        fear of return to his or her country of 
                        departure, origin, or last habitual residence--
                                    ``(I) until such alien has been 
                                granted a confidential interview by an 
                                asylum officer, in a language the alien 
                                claims to understand, to determine 
                                whether that alien has a well-founded 
                                fear of persecution because of the 
                                alien's race, religion, nationality, 
                                membership in a particular social 
                                group, or political opinion, or because 
                                the alien would be subject to torture 
                                in that country; or
                                    ``(II) if an asylum officer has 
                                determined that the alien has such a 
                                well-founded fear of persecution or 
                                would be subject to torture in his or 
                                her country of departure, origin, or 
                                last habitual residence.'';
            (3) by redesignating subparagraphs (B), (C), and (D) as 
        subparagraphs (C), (D), and (E), respectively; and
            (4) by inserting after subparagraph (A) the following:
                    ``(B) Protections for aliens interdicted in 
                international or united states waters.--The Secretary 
                of Homeland Security shall issue regulations 
                establishing a uniform procedure applicable to all 
                aliens interdicted in international or United States 
                waters that--
                            ``(i) provides each alien--
                                    ``(I) a meaningful opportunity to 
                                express, through a translator who is 
                                fluent in a language the alien claims 
                                to understand, a fear of return to his 
                                or her country of departure, origin, or 
                                last habitual residence; and
                                    ``(II) in a confidential interview 
                                and in a language the alien claims to 
                                understand, information concerning the 
                                alien's interdiction, including the 
                                ability of the alien to inform United 
                                States officers about any fears 
                                relating to the alien's return or 
                                repatriation;
                            ``(ii) provides each alien expressing such 
                        a fear of return or repatriation a confidential 
                        interview conducted by an asylum officer, in a 
                        language the alien claims to understand, to 
                        determine whether the alien's return to his or 
                        her country of departure, origin, or last 
                        habitual residence is prohibited because the 
                        alien has a well-founded fear of persecution--
                                    ``(I) because of the alien's race, 
                                religion, nationality, membership in a 
                                particular social group, or political 
                                opinion; or
                                    ``(II) because the alien would be 
                                subject to torture in that country;
                            ``(iii) ensures that each alien can 
                        effectively communicate with United States 
                        officers through the use of a translator fluent 
                        in a language the alien claims to understand; 
                        and
                            ``(iv) provides each alien who, according 
                        to the determination of an asylum officer, has 
                        a well-founded fear of persecution for the 
                        reasons specified in clause (ii), or who would 
                        be subject to torture, an opportunity to seek 
                        protection in--
                                    ``(I) a country other than the 
                                alien's country of departure, origin, 
                                or last habitual residence in which the 
                                alien has family or other ties that 
                                will facilitate resettlement; or
                                    ``(II) if the alien has no such 
                                ties, a country that will best 
                                facilitate the alien's resettlement, 
                                which may include the United States.''.
    (b) Conforming Amendments.--
            (1) Section 240A(c)(5) of the Immigration and Nationality 
        Act (8 U.S.C. 1229b(c)(5)) is amended by striking ``section 
        241(b)(3)(B)(i)'' and inserting ``section 241(b)(3)(C)(i)''.
            (2) Section 242(b)(4) of the Immigration and Nationality 
        Act (8 U.S.C. 1252(b)(4)) is amended, in the undesignated 
        matter following subparagraph (D), by striking ``241(b)(3)(C)'' 
        and inserting ``241(b)(3)(D)''.

SEC. 1323. ENHANCED PROTECTION FOR INDIVIDUALS SEEKING U VISAS, T 
              VISAS, AND PROTECTION UNDER VAWA.

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

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

SEC. 1401. PREVENTION OF ERRONEOUS IN ABSENTIA ORDERS OF REMOVAL.

    (a) Written Record of Address.--Section 239(a) of the Immigration 
and Nationality Act (8 U.S.C. 1229(a)) is amended--
            (1) in paragraph (1)(F), by inserting ``the Secretary of 
        Homeland Security or'' before ``the Attorney General'' each 
        place such term appears; and
            (2) in paragraph (2)(A) by striking ``the alien or to the 
        alien's counsel of record'' and inserting ``the alien and to 
        the alien's counsel of record.''.
    (b) Removal in Absentia and Rescission of Removal Orders.--Section 
240(b) of the Immigration and Nationality Act (8 U.S.C. 1229a(b)), as 
amended by section 1203, is further amended--
            (1) in paragraph (5)--
                    (A) by amending subparagraph (A) to read as 
                follows:
                    ``(A) Removal in absentia.--
                            ``(i) In general.--Any alien who, after a 
                        proceeding under this section is rescheduled by 
                        an immigration judge due to the alien's failure 
                        to attend such proceeding, and written notice 
                        required under paragraph (1) or (2) of section 
                        239(a) has been provided to the alien and the 
                        alien's counsel of record, does not attend a 
                        proceeding under this section, may be ordered 
                        removed in absentia if the Department of 
                        Homeland Security establishes by clear, 
                        unequivocal, and convincing evidence that--
                                    ``(I) sufficient written notice was 
                                so provided;
                                    ``(II) the alien is removable; and
                                    ``(III) in the case of an alien 
                                required to periodically report to the 
                                Department of Homeland Security, the 
                                alien has demonstrated a pattern of 
                                failing to report.
                            ``(ii) Sufficient notice.--The written 
                        notice by the Secretary of Homeland Security or 
                        the Attorney General shall be considered 
                        sufficient for purposes of this subparagraph 
                        if--
                                    ``(I) the notice includes--
                                            ``(aa) the accurate date, 
                                        time, and court location at 
                                        which the alien is required to 
                                        appear; and
                                            ``(bb) the date on which 
                                        the notice was issued;
                                    ``(II) the notice is provided at 
                                the most recent complete physical 
                                address provided under section 239(a); 
                                and
                                    ``(III) the certificate of service 
                                for the notice indicates that oral 
                                notice and a recitation of the 
                                consequences of failure to appear were 
                                provided--
                                            ``(aa) in the native 
                                        language of the alien; or
                                            ``(bb) in a language the 
                                        alien understands.''; and
                    (B) by amending paragraph (C) to read as follows:
                    ``(C) Rescission of order.--
                            ``(i) In general.--Such an order may be 
                        rescinded only--
                                    ``(I) upon a motion to reopen filed 
                                at any time after the date of the order 
                                of removal if the alien demonstrates 
                                that the failure to appear was because 
                                of exceptional circumstances;
                                    ``(II) upon a motion to reopen 
                                filed at any time if the alien 
                                demonstrates that the alien did not 
                                receive notice in accordance with 
                                paragraph (1) or (2) of section 239(a) 
                                or the alien demonstrates that the 
                                alien was in Federal or State custody 
                                and the failure to appear was through 
                                no fault of the alien;
                                    ``(III) in the case of an alien who 
                                is a minor child, upon a motion to 
                                reopen filed at any time; or
                                    ``(IV) upon a motion to reopen 
                                filed at any time if the alien has a 
                                pending application for asylum, 
                                withholding of removal, or protection 
                                under the Convention against Torture 
                                and Other Cruel, Inhuman or Degrading 
                                Treatment or Punishment, done at New 
                                York December 10, 1984, or demonstrates 
                                that he or she has a credible claim to 
                                any such protection.
                            ``(ii) Stay of removal.--The filing of the 
                        motion to reopen described in clause (i) shall 
                        stay the removal of the alien pending 
                        disposition of the motion by the immigration 
                        judge.''; and
            (2) by adding at the end the following:
            ``(9) Check-in history.--Before an immigration judge 
        conducts a proceeding under this section, the Secretary of 
        Homeland Security shall report to the immigration judge the 
        extent to which the alien has complied with any requirement to 
        report periodically the whereabouts of the alien to the 
        Secretary of Homeland Security.''.

SEC. 1402. SCOPE AND STANDARD FOR REVIEW OF REMOVAL ORDERS.

    Section 242(b) of the Immigration and Nationality Act (8 U.S.C. 
1252(b)) is amended--
            (1) in paragraph (1)--
                    (A) by striking ``The petition'' and inserting the 
                following:
                    ``(A) In general.--The petition''; and
                    (B) by adding at the end the following:
                    ``(B) Prohibition on removal.--An alien shall not 
                be removed during such 30-day period unless the alien 
                indicates in writing that he or she wishes to be 
                removed before the expiration of such period.''.
            (2) by striking paragraph (4) and inserting the following:
            ``(4) Scope and standard for review.--
                    ``(A) In general.--Except as provided in paragraph 
                (5)(B), the court of appeals shall sustain a final 
                decision ordering removal unless it is contrary to law, 
                an abuse of discretion, or not supported by substantial 
                evidence.
                    ``(B) Decision based on administrative record.--The 
                court of appeals shall decide the petition based solely 
                on the administrative record on which the order of 
                removal is based.
                    ``(C) Availability of review.--
                            ``(i) In general.--The court of appeals 
                        shall maintain jurisdiction to review 
                        discretionary determinations arising in a claim 
                        for asylum.
                            ``(ii) Jurisdiction over denials.--
                        Notwithstanding section 242(a)(2)(C), the court 
                        of appeals shall maintain jurisdiction to 
                        review all denials of requests for withholding 
                        of removal under to section 241(b)(3) or 
                        protection under the Convention against Torture 
                        and Other Cruel, Inhuman or Degrading Treatment 
                        or Punishment, done at New York December 10, 
                        1984.''.

SEC. 1403. PRESUMPTION OF LIBERTY FOR ASYLUM SEEKERS.

    (a) Custody Determination.--
            (1) Initial determination.--
                    (A) In general.--With respect to an alien who has 
                expressed fear of returning to his or her home country 
                or an intent to apply for asylum in the United States, 
                the Secretary shall make an initial written custody 
                determination with respect to the alien and provide the 
                determination to the alien not later than 48 hours 
                after, as applicable--
                            (i) the Secretary takes the alien into 
                        custody; or
                            (ii) in the case of an alien already in the 
                        custody of the Secretary, the alien expresses 
                        such fear or intent.
                    (B) Least restrictive conditions.--A custody 
                determination under this paragraph shall impose the 
                least restrictive conditions if the Secretary 
                determines that the release of an alien--
                            (i) will not reasonably ensure the 
                        appearance of the alien as required; or
                            (ii) will endanger the safety of any other 
                        person or the community.
                    (C) Applicability.--This paragraph shall not apply 
                to unaccompanied alien children (as defined in section 
                462(g) of the Homeland Security Act of 2002 (6 U.S.C. 
                279g)).
            (2) Presumption of release.--
                    (A) In general.--In a hearing under this 
                subsection, there shall be a presumption that the alien 
                should be released.
                    (B) Rebuttal.--The Secretary may rebut the 
                presumption of release based on clear and convincing 
                evidence, including credible and individualized 
                information, that--
                            (i) the use of alternatives to detention, 
                        including release on recognizance or on a 
                        reasonable bond, will not reasonably ensure the 
                        appearance of the alien at removal proceedings; 
                        or
                            (ii) the alien is a threat to another 
                        person or the community.
                    (C) Pending criminal charge.--A pending criminal 
                charge against an alien may not be the sole factor to 
                justify the continued detention of the alien.
                    (D) Evidence of identity.--The inability of an 
                alien to reasonably provide government-issued evidence 
                of identity, including the inability of the alien to 
                contact the government of the country of nationality of 
                the alien so as not to alert such government of the 
                whereabouts of the alien, may not be the sole factor to 
                justify the continued detention of the alien.
                    (E) Pre-existing community ties.--A lack of pre-
                existing community ties in the United States shall not 
                preclude the release of an alien.
    (b) Least Restrictive Conditions Required.--
            (1) In general.--If the Secretary or an immigration judge 
        determines, pursuant to a hearing under this section, that the 
        release of an alien will not reasonably ensure the appearance 
        of the alien as required or will endanger the safety of any 
        other person or the community, the Secretary or the immigration 
        judge shall order the least restrictive conditions or 
        combination of conditions that the Secretary or judge 
        determines will reasonably ensure the appearance of the alien 
        and the safety of any other person and the community, which may 
        include--
                    (A) release on recognizance;
                    (B) secured or unsecured release on bond; or
                    (C) participation in a program described in 
                subsection (d).
            (2) Monthly review.--Any condition assigned to an alien 
        under paragraph (1) shall be reviewed by an immigration judge 
        on a monthly basis.
    (c) Special Rule for Vulnerable Persons and Primary Caregivers.--
            (1) In general.--In the case that the alien who is the 
        subject of a custody determination under this section is a 
        vulnerable person or a primary caregiver, the alien may not be 
        detained unless the Secretary demonstrates, in addition to the 
        requirements under subsection (a)(2), that it is unreasonable 
        or not practicable to place the individual in a community-based 
        supervision program.
            (2) Definitions.--In this subsection:
                    (A) Material witness.--The term ``material 
                witness'' means an individual who presents a 
                declaration to an attorney investigating, prosecuting, 
                or defending the workplace claim or from the presiding 
                officer overseeing the workplace claim attesting that, 
                to the best of the declarant's knowledge and belief, 
                reasonable cause exists to believe that the testimony 
                of the individual will be relevant to the outcome of 
                the workplace claim.
                    (B) Primary caregiver.--The term ``primary 
                caregiver'' means a person who is established to be a 
                caregiver, parent, or close relative caring for or 
                traveling with a child.
                    (C) Vulnerable person.--The term ``vulnerable 
                person'' means an individual who--
                            (i) is under 21 years of age or over 60 
                        years of age;
                            (ii) is pregnant;
                            (iii) identifies as lesbian, gay, bisexual, 
                        transgender, or intersex;
                            (iv) is a victim or witness of a crime;
                            (v) has filed a nonfrivolous civil rights 
                        claim in Federal or State court;
                            (vi) has filed, or is a material witness 
                        to, a bonafide workplace claim;
                            (vii) has a serious mental or physical 
                        illness or disability;
                            (viii) has been determined by an asylum 
                        officer in an interview conducted under section 
                        235(b)(1)(B) of the Immigration and Nationality 
                        Act (8 U.S.C. 1225(b)(1)(B)) to have a credible 
                        fear of persecution or torture;
                            (ix) has limited English language 
                        proficiency and is not provided access to 
                        appropriate and meaningful language services in 
                        a timely fashion; or
                            (x) has been determined by an immigration 
                        judge or the Secretary of Homeland Security to 
                        be experiencing severe trauma or to be a 
                        survivor of torture or gender-based violence, 
                        based on information obtained during intake, 
                        from the alien's attorney or legal service 
                        provider, or through credible self-reporting.
                    (D) Workplace claim.--The term ``workplace claim'' 
                means any written or oral claim, charge, complaint, or 
                grievance filed with, communicated to, or submitted to 
                the employer, a Federal, State, or local agency or 
                court, or an employee representative related to the 
                violation of applicable Federal, State, and local labor 
                laws, including laws concerning wages and hours, labor 
                relations, family and medical leave, occupational 
                health and safety, civil rights, or nondiscrimination.
    (d) Alternatives to Detention.--
            (1) In general.--The Secretary shall establish programs 
        that provide alternatives to detaining aliens, which shall 
        offer a continuum of supervision mechanisms and options, 
        including community-based supervision programs and community 
        support.
            (2) Contracts with nongovernmental organizations.--The 
        Secretary shall contract with nongovernmental community-based 
        organizations to provide services for programs under paragraph 
        (1), including case management services, appearance assistance 
        services, and screenings of detained aliens.
            (3) Individualized determination required.--
                    (A) In general.--In determining whether to order an 
                alien to participate in a program under this 
                subsection, the Secretary or an immigration judge, as 
                applicable, shall make an individualized determination 
                with respect to the appropriate level of supervision 
                for the alien.
                    (B) Limitation.--Participation in a program under 
                this subsection may not be ordered for an alien for 
                whom it is determined that release on reasonable bond 
                or recognizance--
                            (i) will reasonably ensure the appearance 
                        of the alien as required; and
                            (ii) will not pose a threat to any other 
                        person or the community.
    (e) Regular Review of Custody Determinations and Conditions of 
Release.--
            (1) Timing.--In the case of an alien who seeks to challenge 
        the initial custody determination under subsection (a)(1), not 
        later than 72 hours after the initial custody determination, 
        the alien shall be provided with the opportunity for a hearing 
        before an immigration judge to determine whether the alien 
        should be detained.
            (2) Subsequent determinations.--An alien who is detained 
        under this section shall be provided with a de novo custody 
        determination hearing under this subsection--
                    (A) every 60 days; and
                    (B) on a showing of--
                            (i) changed circumstances; or
                            (ii) good cause for such a hearing.

SEC. 1404. PROCEDURES FOR ENSURING ACCURACY AND VERIFIABILITY OF SWORN 
              STATEMENTS TAKEN PURSUANT TO EXPEDITED REMOVAL AUTHORITY.

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

SEC. 1405. INSPECTIONS BY IMMIGRATION OFFICERS.

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

SEC. 1406. STUDY ON EFFECT ON ASYLUM CLAIMS OF EXPEDITED REMOVAL 
              PROVISIONS, PRACTICES, AND PROCEDURES.

    (a) Study.--
            (1) In general.--The Commission shall conduct a study to 
        determine whether immigration officers are engaging in conduct 
        described in paragraph (2).
            (2) Conduct described.--The conduct described in this 
        paragraph is the following:
                    (A) Improperly encouraging an alien to withdraw or 
                retract an asylum claim.
                    (B) Incorrectly failing to refer an alien for an 
                interview by an asylum officer to determine whether the 
                alien has a credible fear of persecution, including 
                failing to record the expression of an alien of fear of 
                persecution or torture.
                    (C) Incorrectly removing an alien to a country in 
                which the alien may be persecuted.
                    (D) Detaining an alien improperly or under 
                inappropriate conditions.
                    (E) Improperly separating a family unit after a 
                member of the family unit has expressed a credible fear 
                of persecution.
                    (F) Improperly referring an alien for processing 
                under an enforcement or deterrence program, such as the 
                consequence delivery system.
    (b) Report.--Not later than 2 years after the date on which the 
Commission initiates the study under subsection (a), the Commission 
shall submit to the appropriate committees of Congress a report 
describing the results of the study.
    (c) Staffing.--
            (1) Agency employees.--
                    (A) Identification.--The Commission may identify 
                employees of the Department of Homeland Security, the 
                Department of Justice, and the Government 
                Accountability Office who have significant expertise 
                and knowledge of refugee and asylum issues.
                    (B) Designation.--At the request of the Commission, 
                the Secretary, the Attorney General, and the 
                Comptroller General of the United States shall 
                authorize the employees identified under subparagraph 
                (A) to assist the Commission in conducting the study 
                under subsection (a).
            (2) Additional staff.--The Commission may hire additional 
        staff and consultants to conduct the study under subsection 
        (a).
            (3) Access to proceedings.--
                    (A) In general.--Except as provided in subparagraph 
                (B), the Secretary and the Attorney General shall 
                provide staff designated under paragraph (1)(B) or 
                hired under paragraph (2) with unrestricted access to 
                all stages of all proceedings conducted under section 
                235(b) of the Immigration and Nationality Act (8 U.S.C. 
                1225(b)).
                    (B) Exceptions.--The Secretary and the Attorney 
                General may not permit unrestricted access under 
                subparagraph (A) if--
                            (i) the alien subject to a proceeding under 
                        such section 235(b) objects to such access; or
                            (ii) the Secretary or Attorney General 
                        determines that the security of a particular 
                        proceeding would be threatened by such access.
    (d) Definitions.--In this section:
            (1) Appropriate committees of congress.--The term 
        ``appropriate committees of Congress'' means--
                    (A) the Committee on Homeland Security and 
                Governmental Affairs, the Committee on the Judiciary, 
                and the Committee on Foreign Relations of the Senate; 
                and
                    (B) the Committee on Homeland Security, the 
                Committee on the Judiciary, and the Committee on 
                Foreign Affairs of the House of Representatives.
            (2) Commission.--The term ``Commission'' means the United 
        States Commission on International Religious Freedom.
            (3) Credible fear of persecution.--The term ``credible fear 
        of persecution'' has the meaning given the term in section 
        235(b)(1)(B)(v) of the Immigration and Nationality Act (8 
        U.S.C. 1225(b)(1)(B)(v)).
            (4) Immigration officer.--The term ``immigration officer'' 
        means an immigration officer performing duties under section 
        235(b) of the Immigration and Nationality Act (8 U.S.C. 
        1225(b)) with respect to aliens who--
                    (A) are apprehended after entering the United 
                States;
                    (B) may be eligible to apply for asylum under 
                section 208 of that Act (8 U.S.C. 1158); or
                    (C) may have a credible fear of persecution.

SEC. 1407. ALIGNMENT WITH REFUGEE CONVENTION OBLIGATIONS BY PROHIBITING 
              CRIMINAL PROSECUTION OF REFUGEES.

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

                    Subtitle E--Refugee Resettlement

SEC. 1501. SENSE OF CONGRESS ON COORDINATION OF REFUGEE PROGRAM 
              AGENCIES.

     It is the sense of the Congress that--
            (1) the President should appoint a White House Coordinator 
        on Refugee Protection and grant such official the authority and 
        staff necessary to coordinate, prioritize, and lead efforts to 
        address refugee protection issues that involve multiple 
        agencies, including the refugee admissions program, and to 
        resolve interagency differences in a timely, efficient, and 
        effective manner; and
            (2) such position should be at a senior level and require 
        as a condition for appointment a significant level of prior 
        experience in the refugee protection field.

                     CHAPTER 1--REFUGEE ADMISSIONS

SEC. 1511. NUMERICAL GOALS FOR ANNUAL REFUGEE ADMISSIONS.

    Section 207 of the Immigration and Nationality Act (8 U.S.C. 1157) 
is amended--
            (1) in subsection (a)--
                    (A) by striking paragraph (1);
                    (B) by redesignating paragraphs (2) and (4) as 
                paragraphs (1) and (6), respectively;
                    (C) in paragraph (1), as so redesignated--
                            (i) by inserting (A) before ``Except as 
                        provided'';
                            (ii) by striking ``after fiscal year 
                        1982'';
                            (iii) by striking ``is justified'' and all 
                        that follows through ``interest.'' and 
                        inserting the following:
                            ``(i) justified by humanitarian concerns or 
                        otherwise in the national interest; and
                            ``(ii) not fewer than 125,000.''; and
                            (iv) by adding at the end the following:
                    ``(B) If the President does not issue a 
                determination under this paragraph before the beginning 
                of a fiscal year, the number of refugees who may be 
                admitted under this section shall be 125,000.
            ``(2) Each officer of the Federal Government responsible 
        for refugee admissions or refugee resettlement shall treat a 
        determination under paragraph (1) and subsection (b) as the 
        numerical goals for refugee admissions under this section for 
        the applicable fiscal year.'';
                    (D) by inserting after paragraph (3) the following:
            ``(4) In making a determination under paragraph (1), the 
        President shall consider the number of refugees who, during the 
        calendar year beginning immediately after the beginning of the 
        applicable fiscal year, are in need of resettlement in a third 
        country, as determined by the United Nations High Commissioner 
        for Refugees in the most recently published projected global 
        resettlement needs report.
            ``(5) The President shall determine regional allocations 
        for admissions under this subsection, that--
                    ``(A) shall consider the projected needs identified 
                by the United Nations High Commissioner for Refugees in 
                the projected global resettlement needs report for the 
                calendar year beginning immediately after the beginning 
                of the applicable fiscal year; and
                    ``(B) shall include an unallocated reserve that the 
                Secretary of State, after notifying the Committee on 
                the Judiciary of the Senate and the Committee on the 
                Judiciary of the House of Representatives, may use for 
                1 or more regions in which the need for additional 
                refugee admissions arises.'';
                    (E) in paragraph (6), as so redesignated, by 
                striking ``(beginning with fiscal year 1992)''; and
                    (F) by adding at the end the following:
            ``(7) All officers of the Federal Government responsible 
        for refugee admissions or refugee resettlement shall treat the 
        determinations made under this subsection and subsection (b) as 
        the refugee admissions goal for the applicable fiscal year.''; 
        and
            (2) by adding at the end the following:
    ``(g) Quarterly Reports on Admissions.--Not later than 15 days 
after the last day of each quarter, the President shall submit to the 
Committee on the Judiciary of the Senate and the Committee on the 
Judiciary of the House of Representatives a report that includes the 
following:
            ``(1) Refugees admitted.--
                    ``(A) The number of refugees admitted to the United 
                States during the preceding quarter.
                    ``(B) The number of refugees admitted to the United 
                States during the preceding quarter, expressed as a 
                percentage of the number of refugees authorized to be 
                admitted in accordance with the determinations under 
                subsections (a) and (b) for the applicable fiscal year.
                    ``(C) The cumulative number of refugees admitted to 
                the United States during the applicable fiscal year, as 
                of the last day of the preceding quarter.
                    ``(D) The number of refugees to be admitted to the 
                United States during the remainder of the applicable 
                fiscal year so as to achieve the numerical goals set 
                forth in the determinations under subsections (a) and 
                (b) for such fiscal year.
                    ``(E) The number of refugees from each region 
                admitted to the United States during the preceding 
                quarter, expressed as a percentage of the allocation 
                for each region under subsection (a)(5) for the 
                applicable fiscal year.
            ``(2) Aliens with security advisory opinions.--
                    ``(A) The number of aliens, by nationality, for 
                whom a Security Advisory Opinion has been requested who 
                were security-cleared during the preceding quarter, 
                expressed as a percentage of all cases successfully 
                adjudicated by the Director of U.S. Citizenship and 
                Immigration Services in the applicable fiscal year.
                    ``(B) The number of aliens, by nationality, for 
                whom a Security Advisory Opinion has been requested who 
                were admitted to the United States during the preceding 
                quarter.
            ``(3) Circuit rides.--
                    ``(A) For the preceding quarter--
                            ``(i) the number of Refugee Corps officers 
                        deployed on circuit rides, expressed as a 
                        percentage of the overall number of Refugee 
                        Corps officers;
                            ``(ii) the number of individuals 
                        interviewed--
                                    ``(I) on each circuit ride; and
                                    ``(II) at each circuit ride 
                                location;
                            ``(iii) the number of circuit rides; and
                            ``(iv) for each circuit ride--
                                    ``(I) the duration of the circuit 
                                ride;
                                    ``(II) the average number of 
                                interviews conducted daily on the 
                                circuit ride; and
                                    ``(III) the percentages of 
                                interviews conducted for--
                                            ``(aa) individuals who 
                                        require Security Advisory 
                                        Opinions; and
                                            ``(bb) individuals who do 
                                        not require Security Advisory 
                                        Opinions.
                    ``(B) For the subsequent quarter--
                            ``(i) the number of circuit rides 
                        scheduled; and
                            ``(ii) the number of circuit rides planned.
            ``(4) Processing.--For the preceding quarter--
                    ``(A) the average number of days between--
                            ``(i) the date on which an individual is 
                        identified by the United States Government as a 
                        refugee; and
                            ``(ii) the date on which such individual is 
                        interviewed by the Secretary of Homeland 
                        Security;
                    ``(B) the average number of days between--
                            ``(i) the date on which an individual 
                        identified by the United States Government as a 
                        refugee is interviewed by the Secretary of 
                        Homeland Security; and
                            ``(ii) the date on which such individual is 
                        admitted to the United States; and
                    ``(C) with respect to individuals identified by the 
                United States Government as refugees who have been 
                interviewed by the Secretary of Homeland Security, the 
                approval, denial, and hold rates for the applications 
                for admission of such individuals, by nationality.
            ``(5) Plan and additional information.--
                    ``(A) A plan that describes the procedural or 
                personnel changes necessary to ensure the admission of 
                the number of refugees authorized to be admitted to the 
                United States in accordance with determinations under 
                subsections (a) and (b), including a projection of the 
                number of refugees to be admitted to the United States 
                each month so as to achieve the numerical goals set 
                forth in such determinations.
                    ``(B) Additional information relating to the pace 
                of refugee admissions, as determined by the President.
    ``(h) Rule of Construction.--Nothing in this section may be 
construed--
            ``(1) to inhibit the expeditious processing of refugee and 
        asylum applications;
            ``(2) to restrict the authority of the Secretary of 
        Homeland Security to admit aliens to the United States under 
        any other Act; or
            ``(3) to prevent the executive branch from increasing the 
        numerical goal of refugee admissions or regional allocations 
        based on emerging or identified resettlement needs during and 
        throughout the fiscal year.''.

SEC. 1512. REFORM OF REFUGEE ADMISSIONS CONSULTATION PROCESS.

    Section 207(e) of the Immigration and Nationality Act (8 U.S.C. 
1157(e)) is amended--
            (1) by redesignating paragraphs (1) through (7) as 
        subparagraphs (A) through (G), respectively;
            (2) in the matter preceding subparagraph (A), as so 
        redesignated--
                    (A) by inserting ``(1)'' after ``(e)''; and
                    (B) by inserting ``, which shall be commenced not 
                later than May 1 of each year and continue periodically 
                throughout the remainder of the year, if necessary,'' 
                after ``discussions in person'';
            (3) in the undesignated matter following subparagraph (G), 
        as so redesignated, by striking ``To the extent possible,'' and 
        inserting the following:
    ``(2) To the extent possible''; and
            (4) by adding at the end the following:
    ``(3)(A) The plans referred to in paragraph (1)(C) shall include 
estimates of--
            ``(i) the number of refugees the President expects to have 
        ready to travel to the United States at the beginning of the 
        fiscal year;
            ``(ii) the number of refugees and the stipulated 
        populations the President expects to admit to the United States 
        in each quarter of the fiscal year; and
            ``(iii) the number of refugees the President expects to 
        have ready to travel to the United States at the end of the 
        fiscal year.
    ``(B) The Secretary of Homeland Security shall ensure that an 
adequate number of refugees are processed during the fiscal year to 
fulfill the refugee admissions goals under subsections (a) and (b).
    ``(C) In fulfilling the requirements of this subsection, the 
President shall--
            ``(i) establish specific objectives or measurements for the 
        integration of refugees admitted to the United States; and
            ``(ii) submit an annual report to Congress on the 
        integration of resettled refugees on the basis of such 
        objectives or measurements.''.

SEC. 1513. UNITED STATES EMERGENCY REFUGEE RESETTLEMENT CONTINGENCY 
              FUND.

    (a) Establishment.--There is established in the Treasury of the 
United States a fund, to be known as the ``Domestic Emergency Refugee 
Resettlement Contingency Fund'' (referred to in this section as the 
``Fund''), to be administered by the Assistant Secretary of the Office 
of Refugee Resettlement (referred to in this section as the ``Assistant 
Secretary'') for the purpose described in subsection (b) and to remain 
available until expended.
    (b) Purpose.--Amounts from the Fund shall be used to enable the 
Assistant Secretary to operate programs and carry out efforts and 
initiatives to respond to urgent, unanticipated, or underfunded refugee 
and entrant assistance activities under--
            (1) the Immigration and Nationality Act (8 U.S.C. 1101 et 
        seq.);
            (2) section 602(b) of the Afghan Allies Protection Act of 
        2009 (Public Law 111-8; 8 U.S.C. 1101 note);
            (3) section 501 of the Refugee Education Assistance Act of 
        1980 (Public Law 96-422; 8 U.S.C. 1522 note);
            (4) the Torture Victims Relief Act of 1998 (Public Law 105-
        320; 22 U.S.C. 2152 note);
            (5) the Trafficking Victims Protection Act of 2000 (22 
        U.S.C. 7101 et seq.);
            (6) section 1244 of the Refugee Crisis in Iraq Act of 2007 
        (Public Law 110-181; 8 U.S.C. 1157 note);
            (7) section 235 of the William Wilberforce Trafficking 
        Victims Protection Reauthorization Act of 2008 (8 U.S.C. 1232); 
        and
            (8) section 462 of the Homeland Security Act of 2002 (6 
        U.S.C. 279).
    (c) Use of Funds.--Amounts from the Fund--
            (1) shall be subject to the same limitations set forth in 
        title V of division H of the Consolidated Appropriations Act, 
        2021 (Public Law 116-260; 134 Stat. 1619) as are applicable to 
        funds appropriated for the Department of Health and Human 
        Services under such Act; and
            (2) may only be used for initiatives that--
                    (A) replenish any previously appropriated funds 
                that have been reprogrammed, transferred, or withheld 
                from programs, projects, or activities that serve 
                refugees and entrants under the authorities described 
                in subsection (b);
                    (B) stabilize existing programs, projects, and 
                activities that serve such refugees and entrants by 
                augmenting funds previously appropriated to serve such 
                refugees and entrants;
                    (C) identify unmet resettlement or integration 
                needs of such refugees and entrants and implement 
                solutions for such needs; and
                    (D) meet such other needs as the Assistant 
                Secretary considers appropriate, consistent with the 
                purpose under subsection (b).
            (3) Protection from reprogramming.--Notwithstanding any 
        other provision of law, none of the amounts deposited into or 
        made available from the Fund may be transferred, reprogrammed, 
        or otherwise made available for any purpose or use not 
        specified in this section.
    (d) Availability of Funds.--Amounts in the Fund shall be available 
to the Assistant Secretary to meet the purpose described in subsection 
(b) in the national interest of the United States, as determined by the 
Assistant Secretary.
    (e) Authorization of Appropriations.--
            (1) In general.--Subject to paragraph (2), there is 
        authorized to be appropriated to the Assistant Secretary from 
        time to time such amounts as may be necessary for the Fund to 
        carry out the purpose described in subsection (b).
            (2) Limitation.--No amount of funds may be appropriated 
        that, when added to amounts previously appropriated but not yet 
        obligated, would cause such amount to exceed $300,000,000.
            (3) Justification to congress.--The President shall provide 
        to the appropriate committees of Congress a justification for 
        each request for appropriations under this section.

SEC. 1514. COMPLEMENTARY PATHWAYS.

    (a) Sense of Congress.--It is the sense of Congress that any 
complementary pathways program described in subsection (b) should be in 
addition to, and not in lieu of, the United States Refugee Admissions 
Program.
    (b) Study.--Not later than 1 year after the date of the enactment 
of this Act, the Comptroller General of the United States shall conduct 
a study on, and make recommendations pertaining to, complementary 
pathways to protection in the United States, including scholastic 
resettlement and labor mobility programs or other parallel systems for 
admitting refugees and individuals fleeing violence and persecution.

              CHAPTER 2--RESETTLEMENT PROGRAM AND SUPPORT

SEC. 1521. ELEVATION OF OFFICE OF REFUGEE RESETTLEMENT.

    (a) In General.--Section 411(a) of the Immigration and Nationality 
Act (8 U.S.C. 1521(a)) is amended by striking the second sentence and 
inserting the following: ``The head of the Office of Refugee 
Resettlement in the Department of Health and Human Services shall be an 
Assistant Secretary of Health and Human Services for Refugee and Asylee 
Resettlement (hereinafter in this chapter referred to as the `Assistant 
Secretary'), to be appointed by the President, and to report directly 
to the Secretary.''.
    (b) Conforming Amendments.--
            (1) Section 411(b) of the Immigration and Nationality Act 
        (8 U.S.C. 1521(b)) is amended by striking ``Director'' and 
        inserting ``Assistant Secretary''.
            (2) Section 412 of the Immigration and Nationality Act (8 
        U.S.C. 1522) is amended by striking ``Director'' each place it 
        appears and inserting ``Assistant Secretary''.
            (3) Section 413 of the Immigration and Nationality Act (8 
        U.S.C. 1523) is amended by striking ``Director'' each place it 
        appears and inserting ``Assistant Secretary''.
            (4) Section 462 of the Homeland Security Act of 2002 (6 
        U.S.C. 279) is amended by striking ``Director'' each place it 
        appears and inserting ``Assistant Secretary''.
    (c) References.--Any reference to the Director of the Office of 
Refugee Resettlement in any other Federal law, Executive order, rule, 
regulation, operating instruction, or delegation of authority, or any 
document of or pertaining to the Department of Health and Human 
Services or the Office of Refugee Resettlement that refers to the 
Director of the Office of Refugee Resettlement, shall be deemed to 
refer to the Assistant Secretary of Health and Human Services for 
Refugee and Asylee Resettlement.

SEC. 1522. REFUGEE RESETTLEMENT; RADIUS REQUIREMENTS.

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

SEC. 1523. STUDY AND REPORT ON CONTRIBUTIONS BY REFUGEES TO THE UNITED 
              STATES.

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

SEC. 1524. UPDATE OF RECEPTION AND PLACEMENT GRANTS.

    (a) In General.--Beginning with fiscal year 2023, not later than 30 
days before the beginning of each fiscal year, the Secretary of State 
shall notify Congress of the amount of funds that the Secretary of 
State plans to provide to national resettlement agencies in reception 
and placement grants during the following fiscal year.
    (b) Requirements.--In setting the amount of such grants, the 
Secretary of State shall ensure that--
            (1) the grant amount for each fiscal year is adjusted to 
        provide adequately for the anticipated initial resettlement 
        needs of refugees, including adjusting the amount for inflation 
        and the cost of living;
            (2) 100 percent of administrative per capita based on an 
        approved consolidated placement plan is provided at the 
        beginning of the fiscal year to each national resettlement 
        agency to ensure adequate local and national capacity to serve 
        the initial resettlement needs of the number of refugees the 
        Secretary of State anticipates each such resettlement agency 
        will resettle during the fiscal year; and
            (3) additional amounts are provided to each national 
        resettlement agency promptly on the arrival of refugees that, 
        exclusive of the amounts provided under paragraph (2), are 
        sufficient to meet the anticipated initial resettlement needs 
        of such refugees and support local and national operational 
        costs in excess of the estimates described in paragraph (1).
    (c) Duration of Reception and Placement Services.--With respect to 
individuals eligible to receive reception and placement grants, the 
reception and placement period shall be not less than 1 year.

SEC. 1525. SUBSIDY RECEPTION AND PLACEMENT GRANT TO SUPPORT 
              UNANTICIPATED ECONOMIC AND PUBLIC HEALTH NEEDS.

    The Secretary of State shall develop and implement methods and 
programs to support a subsidizing line item to supplement the reception 
and placement grant to account for unanticipated needs of refugees, 
such as for economic and public health crises that necessitate 
additional support.

SEC. 1526. RESETTLEMENT DATA.

    Section 412(a) of the Immigration and Nationality Act (8 U.S.C. 
1522(a)) is amended--
            (1) in paragraph (2)(A), by inserting ``, and shall 
        consider data collected under paragraph (11)'' before the 
        period at the end; and
            (2) by adding at the end the following:
            ``(11)(A) The Assistant Secretary of Health and Human 
        Services for Refugee and Asylee Resettlement (referred to in 
        this section as the `Assistant Secretary') shall expand the 
        data analysis, collection, and sharing activities of the Office 
        of Refugee Resettlement.
            ``(B) The Assistant Secretary shall coordinate with the 
        Centers for Disease Control, national resettlement agencies, 
        community-based organizations, and State refugee health 
        programs to track national and State trends with respect to 
        refugees arriving with Class A medical conditions and other 
        urgent medical needs. In collecting information under this 
        paragraph, the Assistant Secretary shall use initial refugee 
        health screening data (including any history of severe trauma, 
        torture, mental health symptoms, depression, anxiety, and post-
        traumatic stress disorder) recorded during domestic and 
        international health screenings, and data on the rate of use of 
        refugee medical assistance. The Assistant Secretary shall 
        examine the information sharing process from country of arrival 
        through refugee resettlement to determine if access to 
        additional mental health data could help determine placements 
        and enable agencies to better prepare to meet refugee mental 
        health needs.
            ``(C) The Assistant Secretary shall partner with State 
        refugee programs, community-based organizations, and national 
        resettlement agencies to collect data relating to the housing 
        needs of refugees, including--
                    ``(i) the number of refugees who rent apartments or 
                houses and who own condominiums or houses; and
                    ``(ii) the number of refugees who have become 
                homeless and the number at severe risk of becoming 
                homeless.
            ``(D)(i) Beginning on the fifth year after arrival of a 
        refugee and every 5 years thereafter until the end of the 20th 
        year after arrival, the Assistant Secretary shall, to the 
        extent practicable, gather longitudinal information relating to 
        refugee self-sufficiency and economic contributions to the 
        United States including employment status, earnings and 
        advancement.
            ``(ii) The longitudinal study shall consider additional 
        factors related to self-sufficiency and integration, including 
        family self-sufficiency and caretaking, barriers to and 
        opportunities for integration of the children of refugees and 
        their descendants, and elderly resettled refugees.
            ``(E) Not less frequently than annually, the Assistant 
        Secretary shall--
                    ``(i) update the data collected under this 
                paragraph;
                    ``(ii) submit to Congress a report on such data; 
                and
                    ``(iii) not later than 270 days after the end of 
                the fiscal year following the year for which the data 
                was collected, make the data available to the public on 
                the website of the Office of Refugee Resettlement.''.

SEC. 1527. REFUGEE ASSISTANCE.

    (a) Amendments to Social Services Funding.--Section 412(c)(1)(B) of 
the Immigration and Nationality Act (8 U.S.C. 1522(c)(1)(B)) is amended 
to read as follows:
            ``(B) The funds available for a fiscal year for grants and 
        contracts under subparagraph (A) shall be allocated among the 
        States based on a combination of--
                    ``(i) the total number or refugees (including 
                children and adults) who arrived in the United States 
                not more than 36 months before the beginning of such 
                fiscal year and are actually residing in each State 
                (taking into account secondary migration) as of the 
                beginning of the fiscal year;
                    ``(ii) the total number of all other eligible 
                populations served by the Office during the period 
                described who are residing in the State as of the 
                beginning of the fiscal year; and
                    ``(iii) projections on the number, projections on 
                regional allocations, and information on the nature of 
                incoming refugees and other populations, such as 
                demographics, case management or medical needs, served 
                by the Office during the subsequent fiscal year.''.
    (b) Report on Secondary Migration.--Section 412(a)(3) of such Act 
(8 U.S.C. 1522(a)(3)) is amended--
            (1) in the first sentence, by striking ``a periodic'' and 
        inserting ``an annual''; and
            (2) by adding at the end the following: ``At the end of 
        each fiscal year, the Assistant Secretary shall submit to 
        Congress a report that describes the findings of the 
        assessment, including a list of States and localities 
        experiencing departures and arrivals due to secondary 
        migration, likely reasons for migration, the impact of 
        secondary migration on States receiving secondary migrants, 
        availability of social services for secondary migrants in such 
        States, and unmet needs of those secondary migrants.''.
    (c) Assistance Made Available to Secondary Migrants.--Section 
412(a)(1) of the Immigration and Nationality Act (8 U.S.C. 1522(a)(1)) 
is amended by adding at the end the following:
            ``(C) In providing assistance under this section, the 
        Assistant Secretary shall ensure that such assistance is also 
        provided to refugees who are secondary migrants and meet all 
        other eligibility requirements for such services.''.
    (d) Refugees Needing Specialized Medical Care or Preparation.--
Section 412(b)(4)(B) of the Immigration and Nationality Act (8 U.S.C. 
1522(b)(4)(B)) is amended by inserting ``requiring specialized care or 
preparation before the arrival of such refugees in the United States, 
or'' after ``medical conditions''.
    (e) Legal Assistance for Refugees and Asylees.--Section 
412(c)(1)(A) of the Immigration and Nationality Act (8 U.S.C. 
1522(c)(1)(A)) is amended--
            (1) in clause (ii), by striking ``and'' at the end;
            (2) by redesignating clause (iii) as clause (iv); and
            (3) by inserting after clause (ii) the following:
                            ``(iii) to provide legal services for 
                        refugees to assist the refugees in obtaining 
                        immigration benefits for which the refugees are 
                        eligible; and''.
    (f) Notice and Rulemaking.--Not later than 90 days after the date 
of the enactment of this Act, but in no event later than 30 days before 
the effective date of the amendments made by this section, the 
Assistant Secretary shall--
            (1) issue a proposed rule of the new formula by which 
        grants and contracts are to be allocated pursuant to the 
        amendments made by subsection (c); and
            (2) solicit public comment.
    (g) Effective Date.--The amendments made by this section shall take 
effect on the first day of the first fiscal year that begins after the 
date of the enactment of this Act.

SEC. 1528. STABILIZING RESETTLEMENT SITE CAPACITY FOR VOLUNTEER 
              COORDINATION, HOUSING COORDINATION, AND AOR PROCESSING.

    In consultation with the Assistant Secretary of the Office of 
Refugee Resettlement, the Assistant Secretary for the Bureau of 
Population, Refugees, and Migration shall develop and implement methods 
for improving volunteer coordination, housing coordination, and 
Affidavit of Relationship processing to ensure resettlement sites have 
the resources and capacity they need. The Assistant Secretary is 
authorized to make grants to implement this section.

SEC. 1529. COMMUNITY PARTNERSHIPS, CIVIC ENGAGEMENT, AND REFUGEE 
              LEADERSHIP DEVELOPMENT.

    (a) In General.--The Assistant Secretary for the Bureau of 
Population, Refugees, and Migration shall fund a full-time employee, to 
be known as a ``Community Relations Officer'', with each State 
contracted for resettlement whose position will focus on building 
community partnerships, encouraging diverse attendance at community 
consultations, and organizing community consultations.
    (b) Grants Authorized.--The Assistant Secretary for the Bureau of 
Population, Refugees, and Migration is authorized to make grants to, 
and enter into contracts with, State and local governments to implement 
this section.
    (c) Responsibilities.--The responsibilities of a Community 
Relations Officer shall be--
            (1) to consider opportunities to encourage regular 
        consultation among diverse stakeholders, such as by refugees, 
        State Refugee Coordinators and health coordinators, 
        resettlement agencies, and other service organizations and 
        Ethnic Community Based Organizations;
            (2) to support civic engagement of refugees and refugee 
        leadership development; and
            (3) to consider methods to expand outreach to asylees to 
        ensure asylee access to services.

               CHAPTER 3--ACCESS TO SERVICES AND BENEFITS

SEC. 1531. EXTENSION OF ELIGIBILITY PERIOD FOR SOCIAL SECURITY BENEFITS 
              FOR CERTAIN REFUGEES.

            (1) In general.--Section 402(a)(2)(M)(i) of the Personal 
        Responsibility and Work Opportunity Reconciliation Act of 1996 
        (8 U.S.C. 1612(a)(2)(M)(i)) is amended--
                    (A) in subclause (I), by striking ``9-year'' and 
                inserting ``10-year''; and
                    (B) in subclause (II), by striking ``2-year'' and 
                inserting ``3-year''.
            (2) Conforming amendment.--The heading for clause (i) of 
        section 402(a)(2)(M) of such Act is amended by striking ``Two-
        year extension'' and inserting ``Extension''.
            (3) Effective date.--The amendments made by this subsection 
        shall take effect as of October 1, 2023.

SEC. 1532. IN-STATE TUITION RATES FOR REFUGEES, ASYLEES, AND CERTAIN 
              SPECIAL IMMIGRANTS.

    (a) In General.--The Higher Education Act of 1965 is amended by 
inserting after section 135 (20 U.S.C. 1015d) the following:

``SEC. 135A. IN-STATE TUITION RATES FOR REFUGEES, ASYLEES, AND CERTAIN 
              SPECIAL IMMIGRANTS.

    ``(a) Requirement.--In the case of an alien described in subsection 
(b) whose domicile is in a State that receives assistance under this 
Act, such State shall not charge such alien tuition for attendance at a 
public institution of higher education in the State at a rate that is 
greater than the rate charged for residents of the State.
    ``(b) Aliens Described.--An alien is described in this subsection 
if the alien was granted--
            ``(1) refugee status and admitted to the United States 
        under section 207 of the Immigration and Nationality Act (8 
        U.S.C. 1157);
            ``(2) asylum under section 208 of such Act (8 U.S.C. 1158); 
        or
            ``(3) special immigrant status under section 101(a)(27) of 
        such Act (8 U.S.C. 1101(a)(27)) pursuant to--
                    ``(A) section 1244 of the National Defense 
                Authorization Act for Fiscal Year 2008 (Public Law 110-
                181; 8 U.S.C. 1157 note);
                    ``(B) section 1059 of the National Defense 
                Authorization Act for Fiscal Year 2006 (Public Law 109-
                163; 8 U.S.C. 1101 note); or
                    ``(C) section 602 of the Afghan Allies Protection 
                Act of 2009 (Public Law 111-8; 8 U.S.C. 1101 note).
    ``(c) Limitations.--The requirement under subsection (a) shall 
apply with respect to an alien only until the alien has established 
residency in the State, and only with respect to the first State in 
which the alien was first domiciled after being admitted into the 
United States as a refugee or special immigrant or being granted 
asylum.
    ``(d) Effective Date.--This section shall take effect at each 
public institution of higher education in a State that receives 
assistance under this Act for the first period of enrollment at such 
institution that begins after July 1, 2024.''.
    (b) Conforming Amendment.--The table of contents for the Higher 
Education Act of 1965 is amended by inserting after the item relating 
to section 135 the following:

``Sec. 135A. In-State tuition rates for refugees, asylees, and certain 
                            special immigrants.''.

            CHAPTER 4--TRAINING, ORIENTATION, AND INCLUSION

SEC. 1541. PRE-DEPARTURE TRAINING FOR APPROVED REFUGEE APPLICANTS.

    (a) Training Programs.--
            (1) In general.--The Assistant Secretary for the Bureau of 
        Population, Refugees, and Migration, in consultation with the 
        directors and heads of office of the Resettlement Support 
        Centers (or the designees of such directors and heads of 
        office), shall develop and implement methods for improving 
        overseas refugee training programs administered by the 
        Resettlement Support Centers to offer English as a second 
        language, work orientation training options, cultural 
        orientation, civic engagement, and health and wellness for 
        refugees and Iraqi and Afghan special immigrant visa holders 
        and their dependents, who have been approved for admission to 
        the United States before their departure for the United States.
            (2) Community integration.--The Assistant Secretary for the 
        Bureau of Population, Refugees, and Migration shall develop and 
        implement pre-departure programs for achieving community 
        integration of refugees resettled in the United States.
            (3) Grants authorized.--The Assistant Secretary for the 
        Bureau of Population, Refugees, and Migration is authorized to 
        make grants to implement this subsection.
    (b) Design and Implementation.--In designing and implementing the 
programs referred to in subsection (a), the Secretary of State shall 
consult with or use--
            (1) nongovernmental or international organizations with 
        direct ties to the United States refugee resettlement program; 
        and
            (2) nongovernmental or international organizations with 
        appropriate expertise in developing curriculum and teaching 
        English as a second language.
    (c) Impact on Processing Times.--The Secretary of State shall 
ensure that such training programs are strictly optional, occur within 
applicable processing times and do not delay or prevent the departure 
for the United States of refugees who have been approved for admission 
to the United States.
    (d) Timeline for Implementation.--
            (1) Initial implementation.--Not later than 1 year after 
        the date of the enactment of this Act, the Secretary of State 
        shall ensure that the training programs under subsection (a) 
        are fully and continually operational in at least 3 refugee 
        processing regions.
            (2) Additional implementation.--Not later than 2 years 
        after the date of the enactment of this Act, the Secretary of 
        State shall notify the Committees on Appropriations and the 
        Committee on the Judiciary of the Senate and the Committees on 
        Appropriations and the Committee on the Judiciary of the House 
        of Representatives that such training programs are fully and 
        consistently operational in 5 refugee processing regions.
    (e) GAO Report.--Not later than 4 years after the date of the 
enactment of this Act, the Comptroller General of the United States 
shall conduct a study on the implementation of this section, including 
an assessment of the quality of English as a second language curriculum 
and instruction, the benefits of the work orientation and English as a 
second language training program to refugees, and recommendations on 
whether such programs should be continued, broadened, or modified, and 
shall submit to the Committee on Appropriations and the Committee on 
the Judiciary of the Senate and the Committee on Appropriations and the 
Committee on the Judiciary of the House of Representatives a report on 
the findings of such study.
    (f) Rule of Construction.--Nothing in this section may be construed 
to require that a refugee participate in such a training program as a 
precondition for the admission to the United States of such refugee.

SEC. 1542. DOMESTIC REFUGEE RESETTLEMENT PROGRAMS ON DIGITAL AND 
              FINANCIAL LITERACY; HOUSING AND TRANSPORTATION ACCESS.

    (a) Amendments to Social Services Funding.--Section 412(b) of the 
Immigration and Nationality Act (8 U.S.C. 1522(b)) is amended to read 
as follows:
    ``(b) Programs for Digital and Financial Literacy and Housing and 
Transportation Access.--
            ``(1) In general.--The Assistant Secretary of the Office of 
        Refugee Resettlement, in consultation with the Assistant 
        Secretary for the Bureau of Population, Refugees, and 
        Migration, shall develop and implement methods--
                    ``(A) for improving the digital literacy of 
                refugees, and strengthening their access to digital 
                devices and broadband;
                    ``(B) to support refugees with bereavement costs 
                and financial literacy, such as life insurance, 
                retirement, banking, and other forms of financial 
                independence;
                    ``(C) to support refugees' access to affordable 
                housing, home ownership, public housing, legal 
                orientation, and public transportation; and
                    ``(D) to support refugees' driving orientation with 
                respect to laws, defensive driving, and vehicle 
                maintenance classes.
            ``(2) Grants authorized.--The Assistant Secretary of the 
        Office of Refugee Resettlement is authorized to make grants to, 
        and enter into contracts with, State and local governments and 
        resettlement agencies to implement this section.''.
    (b) Immediate Eligibility for Driver's Licenses for Refugees, 
Asylees, and Certain Special Immigrants.--
            (1) In general.--Any State in which a alien described in 
        paragraph (2) is domiciled shall waive residency requirements 
        for obtaining a driver's license or an identification card in a 
        manner than ensure that such an alien is immediately eligible 
        for a driver's license or identification card, including under 
        section 202 of the REAL ID Act of 2005 (division B of Public 
        Law 109-13; 49 U.S.C. 30301 note), notwithstanding subsection 
        (c)(2)(B) of such Act.
            (2) Alien described.--An alien is described in this 
        subsection if the alien was granted--
                    (A) refugee status and admitted to the United 
                States under section 207 of the Immigration and 
                Nationality Act (8 U.S.C. 1157);
                    (B) asylum under section 208 of such Act (8 U.S.C. 
                1158); or
                    (C) special immigrant status under section 
                101(a)(27) of such Act (8 U.S.C. 1101(a)(27)) pursuant 
                to section 1244 of the National Defense Authorization 
                Act for Fiscal Year 2008 (Public Law 111-84; 8 U.S.C. 
                1157 note); section 1059 of the National Defense 
                Authorization Act for Fiscal Year 2006 (Public Law 109-
                163; 8 U.S.C. 1101 note); or section 602 of the Afghan 
                Allies Protection Act of 2009 (Public Law 111-8; 8 
                U.S.C. 1101 note).
    (c) Additional Programs.--
            (1) In general.--The Assistant Secretary for the Bureau of 
        Population, Refugees, and Migration, in consultation with the 
        Assistant Secretary of the Office of Refugee Resettlement, 
        shall develop and implement methods--
                    (A) for improving the digital literacy of refugees, 
                and strengthening their access to digital devices and 
                broadband;
                    (B) to support refugees with bereavement costs and 
                financial literacy, such as life insurance, retirement, 
                banking, and other forms of financial independence; and
                    (C) to support refugees' access to affordable 
                housing, home ownership, public housing, legal 
                orientation, and public transportation.
            (2) Grants authorized.--The Assistant Secretary for the 
        Bureau of Population, Refugees, and Migration is authorized to 
        make grants to, and enter into contracts with, State and local 
        governments and resettlement agencies to implement this 
        subsection.

SEC. 1543. STUDY AND REPORT ON DIGITAL LITERACY, EQUITY, AND INCLUSION 
              AMONG REFUGEES IN THE UNITED STATES.

    (a) Definitions.--In this section:
            (1) Digital equity.--The term ``digital equity'' means the 
        condition in which individuals and communities have the 
        information technology capacity that is needed for full 
        participation in the society, democracy, and economy of the 
        United States.
            (2) Digital inclusion.--The term ``digital inclusion''--
                    (A) means the activities that are necessary to 
                ensure that all individuals in the United States have 
                access to, and the use of, affordable information and 
                communication technologies, such as--
                            (i) reliable broadband internet service;
                            (ii) internet-enabled devices that meet the 
                        needs of the user; and
                            (iii) applications and online content 
                        designed to enable and encourage self-
                        sufficiency, participation, and collaboration, 
                        including applications and online content that 
                        can be rendered accessible in the user's 
                        preferred language; and
                    (B) includes--
                            (i) obtaining access to digital literacy 
                        training;
                            (ii) the provision of quality technical 
                        support; and
                            (iii) obtaining basic awareness of measures 
                        to ensure online privacy and cybersecurity.
            (3) Digital literacy.--The term ``digital literacy'' means 
        the skills associated with using technology to enable learners 
        to find, evaluate, organize, create, communicate, and 
        understand information in the learner's preferred language.
    (b) Study.--
            (1) In general.--Not later than 2 years after the date of 
        the enactment of this Act, the Comptroller General of the 
        United States shall conduct a study on the status of digital 
        literacy among refugees resettled to the United States.
            (2) Matters to be included.--The study conducted under 
        paragraph (1) shall include the following:
                    (A) An assessment of refugee digital literacy, 
                equity, and inclusion outcomes including an analysis 
                of--
                            (i) access to internet service 
                        subscriptions as measured by the rates at which 
                        households subscribe to service plans, the 
                        quality of service plans, and the affordability 
                        of service plans;
                            (ii) device access as measured by type, and 
                        number per members of household school-age and 
                        older;
                            (iii) digital literacy as measured by a 
                        continuum of proficiency rates and ability to 
                        overcome language barriers;
                            (iv) availability of technical assistance 
                        and training services;
                            (v) digital usage patterns (such as school, 
                        work, job applications, or coding); and
                            (vi) awareness of, availability of, and 
                        ability to navigate to public access points 
                        (such as schools, libraries and other community 
                        access).
                    (B) The results of the assessment under 
                subparagraph (A) disaggregated by socioeconomic 
                factors, including income level, race and ethnicity, 
                gender, preferred language, age, disability, and level 
                of education.
                    (C) An assessment of how digital literacy, equity, 
                and inclusion limitations impact refugee integration 
                outcomes across--
                            (i) employment;
                            (ii) participation in financial systems;
                            (iii) participation in democracy;
                            (iv) civic engagement;
                            (v) adult education;
                            (vi) children's education; and
                            (vii) access to health services.
                    (D) An assessment of whether and how digital 
                literacy training, free internet service, and technical 
                support should be incorporated as part of cultural 
                orientation programs offered to refugees before their 
                arrival in the United States and to refugees recently 
                arrived in the United States.
                    (E) An assessment of whether and how related costs 
                to support digital literacy, equity, and inclusion, 
                should be factored into reception and placement per 
                capita grant amounts, including for--
                            (i) the 1-time cost of digital device 
                        purchases, ensuring adequate and gender-
                        equitable distribution of devices per 
                        household; and
                            (ii) ongoing internet service subscription 
                        costs.
                    (F) An assessment of whether and how to include a 
                measure of digital literacy in the self-sufficiency 
                metrics used by the Office of Refugee Resettlement to 
                assess refugee integration outcomes.
                    (G) A survey of existing digital literacy, equity, 
                and inclusion programming across resettlement agency 
                offices and existing best practices, including--
                            (i) technology mentorship programs;
                            (ii) digital literacy workshops;
                            (iii) digitally related career pathways;
                            (iv) device ownership programs;
                            (v) digital navigator programs; and
                            (vi) home broadband support.
                    (H) An evaluation of the budgetary resources of the 
                Office of Refugee Resettlement and a projection of the 
                amount of additional resources necessary to fully 
                address the unmet needs of refugees and all other 
                populations within the mandate of the Office of Refugee 
                Resettlement, with respect to digital literacy, equity, 
                and inclusion.
                    (I) Recommendations on ways in which the Office of 
                Refugee Resettlement may improve digital literacy 
                outcomes and the domestic refugee resettlement program 
                with respect to digital literacy, equity, and 
                inclusion.
                    (J) Recommendations for metrics and criteria for 
                evaluating digital literacy, equity, and inclusion in 
                populations within the mandate of the Office of Refugee 
                Resettlement.
    (c) Report.--Not later than 30 days after the date on which a study 
under subsection (a) is completed, the Comptroller General shall submit 
a report to the Committee on the Judiciary of the Senate and the 
Committee on the Judiciary of the House of Representatives that 
describes the results of the study.

 CHAPTER 5--DOMESTIC REFUGEE RESETTLEMENT REFORM AND MODERNIZATION ACT

SEC. 1551. SHORT TITLE.

    This chapter may be cited as the ``Domestic Refugee Resettlement 
Reform and Modernization Act of 2022''.

SEC. 1552. DEFINITIONS.

    In this chapter:
            (1) Assistant secretary.--The term ``Assistant Secretary'' 
        means the Assistant Secretary of the Office of Refugee 
        Resettlement in the Department of Health and Human Services.
            (2) Community-based organization.--The term ``community-
        based organization'' means a nonprofit organization providing a 
        variety of social, health, educational and community services 
        to a population that includes refugees resettled into the 
        United States.
            (3) National resettlement agencies.--The term ``national 
        resettlement agencies'' means voluntary agencies contracting 
        with the Department of State to provide sponsorship and initial 
        resettlement services to refugees entering the United States.

SEC. 1553. ASSESSMENT OF REFUGEE DOMESTIC RESETTLEMENT PROGRAMS.

    (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 and integration and if these definitions adequately 
        represent refugees' needs in the United States;
            (2) the effectiveness of Office of Refugee Resettlement 
        programs in helping refugees to meet self-sufficiency and 
        integration;
            (3) technological solutions for consistently tracking 
        secondary migration, including opportunities for interagency 
        data sharing;
            (4) the Office of Refugee Resettlement's budgetary 
        resources and project the amount of additional resources needed 
        to fully address the unmet needs of refugees with regard to 
        self-sufficiency and integration;
            (5) the role of community-based organizations in serving 
        refugees in areas experiencing a high number of new refugee 
        arrivals;
            (6) how community-based organizations can be better 
        utilized and supported in the Federal domestic resettlement 
        process;
            (7) recertification processes for high-skilled refugees, 
        specifically considering how to decrease barriers for refugees 
        and special immigrant visa holders to use their skills; and
            (8) recommended 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 the 
Committee on the Judiciary of the Senate and the Committee on the 
Judiciary of the House of Representatives that contains the results of 
the study conducted under this section.

SEC. 1554. GUIDANCE REGARDING REFUGEE PLACEMENT DECISIONS.

    (a) Consultation.--The Secretary of State shall provide guidance to 
national resettlement agencies and State refugee coordinators on 
consultation with local stakeholders pertaining to refugee 
resettlement.
    (b) Best Practices.--The Secretary of Health and Human Services, in 
collaboration with the Secretary of State, shall collect best practices 
related to the implementation of the guidance on stakeholder 
consultation on refugee resettlement from voluntary agencies and State 
refugee coordinators and disseminate such best practices to such 
agencies and coordinators.

             CHAPTER 6--OVERSEAS PROCESSING AND PREPARATION

SEC. 1561. REFUGEE BIOMETRIC DATA AND REPORTING.

    (a) The Department of State, in consultation with the Department of 
Homeland Security, shall permit United States Government staff already 
in-country to travel to collect the fingerprints and biometric data of 
refugees, in absence of circuit rides.
    (b) The Secretary of State, in consultation with the Secretary of 
Homeland Security, shall develop and implement methods to enhance 
virtual citizenship and virtual adjudication of citizenship 
applications, including remote interviews and ceremonies to expedite 
the process.
    (c) The Secretary of Homeland Security shall robustly implement the 
plan to permit the use of video and audio teleconferencing to conduct 
refugee interviews and establish the necessary infrastructure to do so. 
The Department of Homeland Security is directed to issue a report 
within 90 days of enactment the details of how many interviews were 
conducted remotely or by video, what infrastructure was created to do 
so, and what the Department needs to expand the use of remote 
interviews. The report shall also include challenges and best practices 
in conducting remote interviews and factors that informed the 
Department's decisions around which applicants were eligible for a 
remote interview. The report shall further include recommendations for 
a significant investment in internet infrastructure solutions, such as 
Wi-Fi and broadband access, in remote processing locations, as failure 
to do so will disproportionately impact processing and departures from 
certain parts of the world.

SEC. 1562. PRIORITIZATION OF FAMILY REUNIFICATION IN REFUGEE 
              RESETTLEMENT PROCESS.

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

SEC. 1563. PRIORITY 3 FAMILY REUNIFICATION CASES.

    (a) In General.--Because of the importance of reuniting immediate 
refugee families who have been separated while fleeing from 
persecution, Priority 3 processing shall be made available to 
individuals of all nationalities, including stateless individuals.
    (b) Universal Eligibility for All Nationalities.--
            (1) In general.--Eligible Priority 3 Affidavit of 
        Relationship filers will include those admitted in asylum, 
        refugee, or Afghan and Iraqi special immigrants admitted under 
        section 1059 of the National Defense Authorization Act for 
        Fiscal Year 2006 (Public Law 109-163; 8 U.S.C. 1101 note), 
        section 1244 of the Refugee Crisis in Iraq Act of 2007 (Public 
        Law 110-181; 8 U.S.C. 1157 note), and section 602 of the Afghan 
        Allies Protection Act of 2009 (Public Law 111-8; 8 U.S.C. 1101 
        note).
            (2) Eligible affidavit of relationship files.--Eligible 
        Affidavit of Relationship (referred to in this section as 
        ``AOR'') filers include individuals who are lawful permanent 
        residents of the United States or United States citizens who 
        initially were admitted to the United States in a status 
        described in paragraph (1).
    (c) Requirements.--The United States-based filer shall be at least 
18 years of age at the time that the AOR is filed. The filer shall file 
the AOR not later than 5 years after the date they were admitted as a 
refugee or special immigrant or were granted asylum. The Secretary of 
State may reject any AOR for a relationship that does not comport with 
public policy, such as under-age or plural marriages.
    (d) Family Members Included.--
            (1) In general.--The following family members of the United 
        States-based family members are qualified for Priority 3 
        access:
                    (A) Spouse.
                    (B) Unmarried children who are younger than 21 
                years of age.
                    (C) Parents.
            (2) Partners.--The Secretary of State may allow a 
        qualifying individual to file for Priority 3 access for a 
        partner of any gender if the filer can provide evidence of a 
        relationship with the partner for at least one year overseas 
        prior to the submission of the AOR and considered that person 
        to be his or her spouse or life partner, and that the 
        relationship is ongoing, together with evidence that legal 
        marriage was not an obtainable option due to social or legal 
        prohibitions.
    (e) Derivative Refugee Status.--In addition to the qualifying 
family members of a United States-based individual identified above, 
the qualifying family member's spouse and unmarried children younger 
than 21 years of age may derive refugee status from the principal 
applicant for refugee status.
    (f) Additional Qualifying Family Members.--
            (1) In general.--On a case-by-case basis, an individual may 
        be added to a qualifying family member's Priority 3 case if 
        that individual--
                    (A) lived in the same household as the qualifying 
                family member in the country of nationality or, if 
                stateless, last habitual residence;
                    (B) was part of the same economic unit as the 
                qualifying family member in the country of nationality 
                or, if stateless, last habitual residence; and
                    (C) demonstrates exceptional and compelling 
                humanitarian circumstances that justify inclusion on 
                the qualifying family member's case.
            (2) Refugee status independent from principal applicant.--
        To be added to a qualifying family member's case under 
        paragraph (1), an individual described in paragraph (1) shall 
        independently establish that they are refugees.
    (g) Report.--Not later than 90 days after the date of the enactment 
of this Act, the Secretary of Homeland Security, in collaboration with 
the Secretary of State, shall submit a report to Congress that--
            (1) describes the steps taken by the administration to re-
        examine and expedite Priority 3 processing, including--
                    (A) reducing lengthy delays in the initial paper 
                review by the U.S. Citizenship and Immigration Services 
                Refugee Access Verification Unit (referred to in this 
                subsection as ``RAVU'') of the relationship between the 
                anchor relative and overseas family member listed on 
                the Affidavit of Relationship;
                    (B) reducing inefficiencies in DNA testing; and
                    (C) making more efficient other processing steps 
                that are required only for Priority 3 cases;
            (2) details the resources necessary to improve RAVU so as 
        to improve Priority 3 processing and ensure that the number of 
        U.S. Citizenship and Immigration Services employees dedicated 
        to RAVU is consistently not less than 4 full-time dedicated 
        personnel so as to maintain a capacity to complete RAVU within 
        30 days of receipt of each case; and
            (3) includes the following data as of the first day of each 
        fiscal year and each of the 6 fiscal years preceding the date 
        of the enactment of this Act, for--
                    (A) Priority 3 refugee applicants who had submitted 
                an AOR and were waiting for an initial interview with 
                the resettlement support center;
                    (B) Priority 3 refugee applicants who had completed 
                the initial interview at the Refugee Processing Center 
                and whose applications were not yet submitted by the 
                Refugee Processing Center to RAVU;
                    (C) Priority 3 refugee applicants whose 
                applications were submitted by the Refugee Processing 
                Center to RAVU and were pending a decision by RAVU;
                    (D) Priority 3 refugee applicants whose 
                applications were decided by RAVU and were pending a 
                pre-screening interview at the Refugee Processing 
                Center;
                    (E) Priority 3 refugee applicants who completed a 
                pre-screening interview at the Refugee Processing 
                Center and who were pending interviews with U.S. 
                Citizenship and Immigration Services;
                    (F) Priority 3 refugee applicants who had completed 
                interviews and were pending security clearance;
                    (G) Priority 3 refugee applicants who were ready 
                for departure; and
                    (H) Priority 3 refugee applicants who have died or 
                gone missing while in the Priority application process 
                without ever being reunited with their families.

SEC. 1564. CREATING A ROVING RESETTLEMENT SUPPORT CENTER.

    (a) In General.--Not later than 180 days after the date of the 
enactment of this Act, the Secretary of State shall establish a Roving 
Resettlement Support Center to increase overall operational agility and 
responsiveness of the United States Refugee Admissions Program.
    (b) Duties.--The Roving Resettlement Support Center shall--
            (1) coordinate and manage refugee processing for the United 
        States Refugee Admissions Program, including--
                    (A) receive and process cases referred to the 
                United States Refugee Admissions program by the United 
                Nations High Commissioner for Refugees, nongovernmental 
                organizations, and United States embassies;
                    (B) receive and process resettlement applications 
                under all Priority categories; and
            (2) build the operational capacity for the rapid deployment 
        of single-site resettlement processing during unanticipated 
        refugee crises; and
            (3) provide support and technical assistance to the United 
        Nations High Commissioner for Refugees to expand and improve 
        referral capacity as needed.

              Subtitle F--Authorization of Appropriations

SEC. 1601. AUTHORIZATION OF APPROPRIATIONS.

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

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

SEC. 2101. EXPANSION OF REFUGEE AND ASYLUM SEEKER PROCESSING.

    (a) Strengthening Processing and Adjudication Capacity.--
            (1) In general.--The Secretary of State, in consultation 
        with the Secretary, shall collaborate with international 
        partners, including the United Nations High Commissioner for 
        Refugees, to support and strengthen the domestic capacity of 
        countries in the Western Hemisphere--
                    (A) to process and accept refugees for 
                resettlement; and
                    (B) to adjudicate asylum claims.
            (2) Support and technical assistance.--The Secretary of 
        State, in consultation with the Secretary, shall provide 
        support and technical assistance to countries in the Western 
        Hemisphere to help such countries--
                    (A) expand and improve their capacity to identify, 
                process, and adjudicate refugee claims, adjudicate 
                applications for asylum, or otherwise accept refugees 
                referred for resettlement by the United Nations High 
                Commissioner for Refugees or host nations, including by 
                increasing the number of refugee and asylum officers 
                (as defined in section 235(b)(1)(E) of the Immigration 
                and Nationality Act (8 U.S.C. 1225(b)(1)(E))) who are 
                trained in the relevant legal standards for 
                adjudicating claims for protection;
                    (B) establish and expand safe and secure refugee 
                reception centers to facilitate the safe and orderly 
                movement of individuals and families seeking 
                international protection;
                    (C) improve national refugee and asylum 
                registration systems to ensure that any person seeking 
                refugee status, asylum, or other humanitarian 
                protections--
                            (i) receives due process and meaningful 
                        access to existing humanitarian protections;
                            (ii) is provided with adequate information 
                        about his or her rights, including the right to 
                        seek protection;
                            (iii) is properly screened for security, 
                        including biographic and biometric capture; and
                            (iv) receives appropriate documents to 
                        prevent fraud and ensure freedom of movement 
                        and access to basic social services; and
                    (D) develop the capacity to conduct best interest 
                determinations for unaccompanied children with 
                international protection needs to ensure that--
                            (i) such children are properly registered; 
                        and
                            (ii) their claims are appropriately 
                        considered.
    (b) Diplomatic Engagement and Coordination.--The Secretary of 
State, in coordination with the Secretary, as appropriate, shall--
            (1) carry out diplomatic engagement to secure commitments 
        from governments to resettle refugees from Central America; and
            (2) take all necessary steps to ensure effective 
        cooperation among governments resettling refugees from Central 
        America.
    (c) Strengthening of Referral Pathways.--The Secretary of State, in 
consultation with the Secretary, shall--
            (1) certify and partner with local and national 
        nongovernmental organizations that operate overseas to make 
        Priority 1 referrals to the United States Refugee Admissions 
        Program--
                    (A) to increase referral pathways for the United 
                States Refugee Admissions Program;
                    (B) to diversify referral pathways and prevent 
                program impacts due to operational delays and capacity 
                limitations in the referral processes of the United 
                Nations High Commissioner for Refugees; and
                    (C) to expand access to the United States Refugee 
                Admissions Program to particularly vulnerable refugees, 
                including--
                            (i) individuals with urgent protection 
                        needs who might otherwise be overlooked;
                            (ii) individuals who are at risk in camps, 
                        such as LGBTQI individuals; and
                            (iii) individuals living in noncamp 
                        settings;
            (2) work with national nongovernmental organizations to 
        identify referrals from smaller nongovernmental organizations 
        to the United States Refugee Admissions Program;
            (3) direct resettlement support centers to facilitate and 
        accept such referrals;
            (4) provide training for new referral partners to encourage 
        new nongovernmental organizations to participate in 
        resettlement;
            (5) ensure coordination with partners already working with 
        refugees in the region; and
            (6) continue to implement robust fraud-prevention measures 
        as part of the establishment of referral structures under this 
        subsection--
                    (A) to continue to safeguard the integrity of the 
                United States Refugee Admissions Program; and
                    (B) to prevent corruption through manipulation of 
                the resettlement system.

SEC. 2102. STRENGTHENING REGIONAL HUMANITARIAN RESPONSES.

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

SEC. 2103. INFORMATION CAMPAIGN ON DANGERS OF IRREGULAR MIGRATION.

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

SEC. 2104. REPORTING REQUIREMENT.

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

SEC. 2105. IDENTIFICATION, SCREENING, AND PROCESSING OF REFUGEES AND 
              OTHER INDIVIDUALS ELIGIBLE FOR LAWFUL ADMISSION TO THE 
              UNITED STATES.

    (a) Designated Processing Centers.--
            (1) In general.--Not later than 90 days after the date of 
        the enactment of this Act, the Secretary of State, in 
        consultation with the Secretary, shall enter into agreements 
        for the Secretary to establish designated processing centers 
        for--
                    (A) registering, screening, and processing refugees 
                and other eligible individuals in North America and 
                Central America; and
                    (B) resettling or relocating such individuals to 
                the United States or to other countries.
            (2) Locations.--Not fewer than 1 designated processing 
        center shall be established in a safe and secure location 
        identified by the United States and the host government in--
                    (A) El Salvador;
                    (B) Guatemala;
                    (C) Honduras;
                    (D) Mexico;
                    (E) Costa Rica; and
                    (F) any other country that the Secretary of State 
                determines can accept and process requests and 
                applications under this title, including any country in 
                North America or Central America that is hosting 
                significant numbers of refugees or other displaced 
                individuals.
    (b) Assistant Director of Regional Processing.--
            (1) In general.--The Director of U.S. Citizenship and 
        Immigration Services shall appoint an Assistant Director of 
        Regional Processing, who shall oversee the establishment and 
        operation of all designated processing centers.
            (2) Duties.--The Assistant Director of Regional Processing, 
        in coordination with the Secretary and the Director of U.S. 
        Citizenship and Immigration Services, shall--
                    (A) coordinate with the Secretary of State and the 
                host country to ensure that each designated processing 
                center is safe, secure, and reasonably accessible to 
                the public to facilitate the registration, screening, 
                and processing of individuals under this title;
                    (B) establish standard operating procedures for the 
                registration, screening, and processing of individuals 
                under this title;
                    (C) oversee the administration of the procedures 
                established pursuant to subparagraph (B); and
                    (D) carry out other duties and powers prescribed by 
                the Director of U.S. Citizenship and Immigration 
                Services.
    (c) Personnel.--
            (1) Refugee officers and related personnel.--The Secretary, 
        in consultation with the Director of U.S. Citizenship and 
        Immigration Services and the Assistant Director of Regional 
        Processing, shall ensure that sufficient numbers of refugee 
        officers and other personnel are assigned to each designated 
        processing center to fulfill the requirements under this title.
            (2) Support personnel.--The Secretary and the Attorney 
        General shall hire and assign sufficient personnel to ensure 
        that all security and law enforcement background checks 
        required under this title are completed not later than 180 days 
        after a relevant application is submitted, absent exceptional 
        circumstances.
    (d) Operations.--
            (1) In general.--Each designated processing center 
        established pursuant to subsection (a)(2) shall commence 
        operations not later than 270 days after the date of the 
        enactment of this Act, absent extraordinary circumstances.
            (2) Productivity.--The Secretary, in coordination with the 
        Secretary of State, shall--
                    (A) monitor the activities of each designated 
                processing center; and
                    (B) establish metrics and criteria for evaluating 
                the productivity of each designated processing center.
            (3) Continuing operations.--Each designated processing 
        center--
                    (A) shall remain in operation for not less than 5 
                fiscal years; and
                    (B) shall continue operating until the Secretary 
                determines, in consultation with the Secretary of 
                State, and using the metrics and criteria established 
                pursuant to paragraph (2)(B), that the designated 
                processing center has failed to maintain sufficient 
                productivity for at least 4 consecutive calendar 
                quarters.
            (4) Registration.--Each designated processing center shall 
        receive and register individuals seeking to apply for benefits 
        under this title.
            (5) Intake.--Consistent with this title, registered 
        individuals shall be assessed to determine the benefits for 
        which they may be eligible, including--
                    (A) refugee resettlement pursuant to the Central 
                American Refugee Program described in section 2106;
                    (B) the Central American Minors Program described 
                in section 2107; and
                    (C) the Central American Family Reunification 
                Parole Program described in section 2108.
            (6) Expedited processing.--The Secretary may grant 
        expedited processing of applications and requests under this 
        title in emergency situations, for humanitarian reasons, or if 
        other circumstances warrant expedited treatment.
    (e) Congressional Reports.--Not later than January 31 of the first 
fiscal year immediately following the conclusion of the fiscal year 
during which the first designated processing center commences 
operations, and every January 31 thereafter, the Secretary, in 
consultation with the Secretary of State, shall submit a report to the 
Committee on the Judiciary of the Senate, the Committee on Foreign 
Relations of the Senate, the Committee on the Judiciary of the House of 
Representatives, and the Committee on Foreign Affairs of the House of 
Representatives that identifies, with respect to each designated 
processing center during the previous fiscal year--
            (1) the number of individuals who were registered, 
        screened, and processed for benefits under this title;
            (2) the number of benefits requests that were approved; and
            (3) the number of benefits requests that were denied.

SEC. 2106. CENTRAL AMERICAN REFUGEE PROGRAM.

    (a) In General.--
            (1) Minimum annual number of central american refugees.--In 
        addition to any refugees designated for admission under section 
        207 of the Immigration and Nationality Act (8 U.S.C. 1157), in 
        each of the fiscal years 2023, 2024, 2025, 2026, and 2027, not 
        fewer than 100,000 nationals of El Salvador, Guatemala, or 
        Honduras shall be admitted into the United States under this 
        section.
            (2) Eligibility.--Any alien described in paragraph (1) 
        shall be admitted under this section if--
                    (A) the alien registers at a designated processing 
                center on or before September 30, 2027; and
                    (B) the Secretary of State, in consultation with 
                the Secretary, determines that the alien is admissible 
                as a refugee of special humanitarian concern to the 
                United States in accordance with this section.
    (b) Initial Processing.--
            (1) In general.--Any alien who, while registering at a 
        designated processing center, expresses a fear of persecution 
        or an intention to apply for refugee status may apply for 
        refugee resettlement under this section. Each applicant who 
        files a completed application shall be referred to a refugee 
        officer for further processing in accordance with this section.
            (2) Submission of biographic and biometric data.--An 
        applicant described in paragraph (1) shall submit biographic 
        and biometric data in accordance with procedures established by 
        the Assistant Director of Regional Processing appointed 
        pursuant to section 2105(b), who shall provide an alternative 
        procedure for applicants who are unable to provide all required 
        biographic and biometric data due to a physical or mental 
        impairment.
            (3) Background checks.--The Assistant Director of Regional 
        Processing shall utilize biometric, biographic, and other 
        appropriate data to conduct security and law enforcement 
        background checks of applicants to determine whether there is 
        any criminal, national security, or other ground that would 
        render the applicant ineligible for admission as a refugee 
        under section 207 of the Immigration and Nationality Act (8 
        U.S.C. 1157).
            (4) Orientation.--The Assistant Director of Regional 
        Processing shall provide prospective applicants for refugee 
        resettlement with information on applicable requirements and 
        legal standards. All orientation materials, including 
        application forms and instructions, shall be made available in 
        English and Spanish.
            (5) International organizations.--The Secretary of State, 
        in consultation with the Secretary, shall enter into agreements 
        with international organizations, including the United Nations 
        High Commissioner for Refugees, to facilitate the processing 
        and preparation of case files for applicants under this 
        section.
    (c) Adjudication of Applications.--
            (1) In general.--Not later than 60 days after the date on 
        which an applicant is referred for further processing pursuant 
        to subsection (b)(1), the applicant shall be interviewed by a 
        refugee officer, who shall determine whether the applicant is a 
        refugee of special humanitarian concern to the United States 
        (as defined in paragraph (5)).
            (2) Decision.--Not later than 14 days after the date on 
        which an applicant is interviewed under paragraph (1), the 
        refugee officer shall issue a written decision regarding the 
        application.
            (3) Approval of application.--If a refugee officer approves 
        an application under this section, the applicant shall be 
        processed for resettlement to the United States as a refugee in 
        accordance with section 207 of the Immigration and Nationality 
        Act (8 U.S.C. 1157). The security and law enforcement 
        background checks required under subsection (b)(3) shall be 
        completed, to the satisfaction of the Assistant Director of 
        Regional Processing, before the date on which an approved 
        applicant may be admitted to the United States.
            (4) Denial of application.--If the refugee officer denies 
        an application under this section, the officer shall include a 
        reasoned, written explanation for the denial and refer the 
        applicant for a determination of eligibility for other benefits 
        under this title in accordance with section 2105(d)(5). An 
        applicant who has been denied status as a refugee of special 
        humanitarian concern under this section may request review of 
        such decision by a supervisory refugee officer not later than 
        30 days after the date of such denial. The supervisory refugee 
        officer shall issue a final written decision not later than 30 
        days after such request for review.
            (5) Refugee of special humanitarian concern.--In this 
        section, the term ``refugee of special humanitarian concern to 
        the United States'' means any individual who, in his or her 
        country of nationality has suffered (or in the case of an 
        individual who remains in his or her country of nationality, 
        has a well-founded fear of suffering)--
                    (A) domestic, sexual, or other forms of gender-
                based violence, including forced marriage and 
                persecution based on sexual orientation or gender 
                identity;
                    (B) violence, extortion, or other forms of 
                persecution (including forced recruitment) committed by 
                gangs or other organized criminal organizations;
                    (C) a severe form of trafficking in persons;
                    (D) a threat to life, physical or psychological 
                integrity, including from adverse impacts on 
                livelihoods and exceptional situations, such as 
                environmental disasters, (including from the effects of 
                climate change) for which there is no adequate remedy 
                in the country of origin; or
                    (E) other serious human rights abuses.
            (6) Spouses and minor children.--The spouse or child of any 
        applicant who qualifies for admission under section 207(c) of 
        the Immigration and Nationality Act (8 U.S.C. 1157(c)) shall be 
        granted the same status as the applicant if accompanying or 
        following to join such applicant, in accordance with such 
        section.
            (7) Refugee status.--An individual who is admitted to the 
        United States as a refugee of special humanitarian concern to 
        the United States under this section shall enjoy the same 
        rights and privileges, and shall be subject to the same grounds 
        for termination of refugee status, as provided in sections 207 
        and 209 of the Immigration and Nationality Act (8 U.S.C. 1157 
        and 1159).
            (8) Fees.--No fee shall be imposed for the filing, 
        processing, or adjudication of an application under this 
        section.
    (d) Optional Referral to Other Countries.--
            (1) In general.--Notwithstanding subsection (b), an 
        applicant for refugee resettlement under this section may be 
        referred to another country for the processing of the 
        applicant's refugee claim if--
                    (A) another country agrees to immediately process 
                the applicant's refugee claim in accordance with the 
                terms and procedures of a bilateral agreement under 
                paragraph (2); and
                    (B) the applicant lacks substantial ties to the 
                United States as defined in paragraph (3) or requests 
                resettlement to a country other than the United States.
            (2) Bilateral agreements for referral of refugees.--
                    (A) In general.--Subject to subparagraph (B), the 
                Secretary of State, in consultation with the Secretary, 
                shall enter into bilateral agreements with other 
                countries for the referral, processing, and 
                resettlement of individuals who--
                            (i) register at a designated processing 
                        center; and
                            (ii) seek to apply for refugee resettlement 
                        under this section.
                    (B) Limitation.--Agreements required under 
                subparagraph (A) may only be entered into with 
                countries that have the demonstrated capacity--
                            (i) to accept and adjudicate applications 
                        for refugee status and other forms of 
                        international protection; and
                            (ii) to resettle refugees consistent with 
                        obligations under the United Nations Convention 
                        Relating to the Status of Refugees, done at 
                        Geneva July 28, 1951, as made applicable by the 
                        Protocol Relating to the Status of Refugees, 
                        done at New York January 31, 1967 (19 UST 
                        6223).
                    (C) International organizations.--The Secretary of 
                State, in consultation with the Secretary, shall enter 
                into agreements with international organizations, 
                including the United Nations High Commissioner for 
                Refugees, to facilitate the referral, processing, and 
                resettlement of individuals covered under this 
                paragraph.
            (3) Defined term.--In this subsection, an individual has 
        ``substantial ties to the United States'' if the individual--
                    (A) has a spouse, parent, son, daughter, sibling, 
                grandparent, aunt, or uncle who resides in the United 
                States;
                    (B) can demonstrate previous residence in the 
                United States for not less than 2 years; or
                    (C) can otherwise demonstrate substantial ties to 
                the United States, as defined by the Secretary.
    (e) Emergency Relocation Coordination.--
            (1) In general.--The Secretary of State, in consultation 
        with the Secretary, shall enter into bilateral or multilateral 
        agreements with other countries in the Western Hemisphere to 
        establish safe and secure emergency transit centers for 
        individuals who--
                    (A) register at a designated processing center;
                    (B) face an imminent risk of harm; and
                    (C) require temporary placement in a safe location, 
                pending a final decision on an application under this 
                section.
            (2) Consultation requirement.--Agreements required under 
        paragraph (1)--
                    (A) shall be developed in consultation with the 
                United Nations High Commissioner for Refugees; and
                    (B) shall conform to international humanitarian 
                standards.
    (f) Expansion of Refugee Corps.--Not later than 60 days after the 
date of the enactment of this Act, and subject to the availability of 
amounts provided in advance in appropriations Acts, the Secretary shall 
appoint such additional refugee officers as may be necessary to carry 
out this section.

SEC. 2107. CENTRAL AMERICAN MINORS PROGRAM.

    (a) Special Immigrants.--Section 101(a)(27) of the Immigration and 
Nationality Act (8 U.S.C. 1101(a)(27)) is amended--
            (1) in subparagraph (L)(iii), by inserting a semicolon at 
        the end;
            (2) in subparagraph (M), by striking the period at the end 
        and inserting ``; or''; and
            (3) by adding at the end the following:
                    ``(N) an immigrant (and any of his or her children 
                who are accompanying or following to join such 
                immigrant) who is--
                            ``(i) a national of El Salvador, Honduras, 
                        or Guatemala;
                            ``(ii) an unmarried child of an individual 
                        who is lawfully present in the United States;
                            ``(iii) otherwise eligible to receive an 
                        immigrant visa; and
                            ``(iv) otherwise admissible to the United 
                        States (excluding the grounds of 
                        inadmissibility specified in section 
                        212(a)(4)).''.
    (b) Numerical Limitations.--
            (1) In general.--The total number of aliens described in 
        section 101(a)(27)(N) of the Immigration and Nationality Act, 
        as added by subsection (a)(3), who may be granted special 
        immigrant status under this section may not exceed 10,000 
        during any of the 5 consecutive fiscal years beginning with the 
        fiscal year during which the first designated processing center 
        commences operations.
            (2) Exclusion from numerical limitations.--Aliens granted 
        special immigrant status under this section shall not be 
        counted against any numerical limitation under section 201, 
        202, or 203 of the Immigration and Nationality Act (8 U.S.C. 
        1151, 1152, and 1153).
            (3) Carry forward.--If the numerical limitation described 
        in paragraph (1) is not reached during any fiscal year, the 
        numerical limitation under such paragraph for the following 
        fiscal year shall be increased by a number equal to the 
        difference between--
                    (A) the total number of aliens who may be granted 
                special immigrant status under this section during the 
                first fiscal year; and
                    (B) the number of aliens who were granted such 
                special immigrant status during the first fiscal year.
    (c) Petitions.--If an alien is determined to be eligible for 
special immigrant status pursuant to an assessment under section 
2105(d)(5), the alien, or a parent or legal guardian of the alien, may 
submit a petition for special immigrant status under this section at a 
designated processing center.
    (d) Adjudication.--
            (1) In general.--If an alien who submits a completed 
        petition under subsection (c) is determined to be eligible for 
        special immigrant status under section 101(a)(27)(N) of the 
        Immigration and Nationality Act, as added by subsection (a)(3), 
        the Secretary shall grant such status to such alien.
            (2) Deadline.--Absent exceptional circumstances, petitions 
        submitted under this section shall be adjudicated not later 
        than 180 days after the date on which they are submitted at a 
        designated processing center.
            (3) Applicants under prior program.--
                    (A) In general.--The Secretary of Homeland Security 
                shall deem an application filed under the Central 
                American Minors Refugee Program, established on 
                December 1, 2014, and terminated on August 16, 2017, 
                and which was not the subject of a final disposition 
                before January 31, 2018, to be a petition filed under 
                this section.
                    (B) Notification.--The Secretary shall--
                            (i) promptly notify all relevant parties of 
                        the conversion of applications described in 
                        subparagraph (A) into special immigrant 
                        petitions under this section; and
                            (ii) provide instructions for withdrawing 
                        such petitions to such parties if the alien no 
                        longer desires the requested relief.
                    (C) Deadline.--Absent exceptional circumstances, 
                the Secretary shall make a final determination on each 
                petition described in subparagraph (A) that is not 
                withdrawn pursuant to subparagraph (B)(ii) not later 
                than 180 days after the date of the enactment of this 
                Act.
            (4) Biometrics and background checks.--
                    (A) Submission of biometric and biographic data.--
                Petitioners for special immigrant status under this 
                section shall submit biometric and biographic data in 
                accordance with procedures established by the Assistant 
                Director of Regional Processing. The Assistant Director 
                shall provide an alternative procedure for applicants 
                who are unable to provide all of the required biometric 
                data due to a physical or mental impairment.
                    (B) Background checks.--The Assistant Director 
                shall utilize biometric, biographic, and other 
                appropriate data to conduct security and law 
                enforcement background checks of petitioners to 
                determine whether there is any criminal, national 
                security, or other ground that would render the 
                applicant ineligible for special immigrant status under 
                this section.
                    (C) Completion of background checks.--The security 
                and law enforcement background checks required under 
                subparagraph (B) shall be completed, to the 
                satisfaction of the Assistant Director, before the date 
                on which a petition for special immigrant status under 
                this section may be approved.

SEC. 2108. CENTRAL AMERICAN FAMILY REUNIFICATION PAROLE PROGRAM.

    (a) In General.--If an alien is determined to be eligible for 
parole under subsection (b) pursuant to an assessment under section 
2105(d)(5)--
            (1) the designated processing center shall accept a 
        completed application for parole filed by the alien, or on 
        behalf of the alien by a parent or legal guardian of the alien; 
        and
            (2) the Secretary shall grant parole to the alien, in 
        accordance with section 212(d)(5) of the Immigration and 
        Nationality Act (8 U.S.C. 1182(d)(5)).
    (b) Eligibility.--An alien shall be eligible for parole under this 
subsection if the alien--
            (1) is a national of El Salvador, Guatemala, or Honduras;
            (2) is the beneficiary of an approved immigrant visa 
        petition under section 203(a) of the Immigration and 
        Nationality Act (8 U.S.C. 1153(a));
            (3) does not have an immigrant visa; and
            (4) expects to obtain an immigrant visa not later than 5 
        years after the date on which the alien registers with a 
        designated processing center.
    (c) Application and Adjudication.--
            (1) In general.--An alien described in subsection (b) may 
        submit an application for parole under this section during the 
        90-day period beginning on the date on which the alien is 
        determined to be eligible for parole pursuant to an assessment 
        under section 2105(d)(5).
            (2) Adjudication deadlines.--Absent exceptional 
        circumstances, applications submitted under this section shall 
        be adjudicated not later than 180 days after the date of 
        submission.
            (3) Biometrics and background checks.--
                    (A) Submission of biometric and biographic data.--
                Applicants for parole under this section shall submit 
                biometric and biographic data in accordance with 
                procedures established by the Assistant Director of 
                Regional Processing. The Assistant Director shall 
                provide an alternative procedure for applicants who are 
                unable to provide all required biometric data due to a 
                physical or mental impairment.
                    (B) Background checks.--The Assistant Director of 
                Regional Processing shall utilize biometric, 
                biographic, and other appropriate data to conduct 
                security and law enforcement background checks of 
                applicants to determine whether there is any criminal, 
                national security, or other ground that would render 
                the applicant ineligible for parole under this section.
                    (C) Completion of background checks.--The security 
                and law enforcement background checks required under 
                subparagraph (B) shall be completed to the satisfaction 
                of the Assistant Director before the date on which an 
                application for parole may be approved.
            (4) Approval.--Each designated processing center shall 
        issue appropriate travel documentation to aliens granted parole 
        under this section. Such aliens shall present such 
        documentation to U.S. Customs and Border Protection personnel 
        at a port of entry for parole into the United States not later 
        than 120 days after such documentation is issued.

SEC. 2109. INFORMATIONAL CAMPAIGN; CASE STATUS HOTLINE.

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

               TITLE III--SPECIAL IMMIGRANT VISA PROGRAMS

SEC. 3101. SPECIAL IMMIGRANT VISA PROGRAM REPORTING REQUIREMENT.

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

SEC. 3102. INCLUSION OF CERTAIN SPECIAL IMMIGRANTS IN THE ANNUAL 
              REFUGEE SURVEY.

    Section 413(b)(1) of the Immigration and Nationality Act (8 U.S.C. 
1523(b)(1)) is amended by inserting ``and individuals who have opted to 
receive refugee benefits and who were admitted pursuant to section 1059 
of the National Defense Authorization Act for Fiscal Year 2006 (Public 
Law 109-163; 8 U.S.C. 1101 note), section 1244 of the Refugee Crisis in 
Iraq Act of 2007 (Public Law 110-181; 8 U.S.C. 1157 note), section 602 
of the Afghan Allies Protection Act of 2009 (Public Law 111-8; 8 U.S.C. 
1101 note), or section 308 of the Refugee Protection Act of 2022'' 
after ``who have entered the United States,''.

                      TITLE IV--NONDISCRIMINATION

SEC. 4101. EXPANSION OF NONDISCRIMINATION PROVISION.

    Section 202(a)(1)(A) of the Immigration and Nationality Act (8 
U.S.C. 1152(a)(1)(A)) is amended--
            (1) by striking ``Except as specifically provided in 
        paragraph (2) and in sections 101(a)(27), 201(b)(2)(A)(i), and 
        203, no'' and inserting ``No'';
            (2) by inserting ``or a nonimmigrant visa, admission or 
        other entry into the United States, or the approval or 
        revocation of any immigration benefit'' after ``immigrant 
        visa'';
            (3) by inserting ``religion,'' after ``sex,''; and
            (4) by inserting before the period at the end the 
        following: ``, except as specifically provided in paragraph 
        (2), in sections 101(a)(27), 201(b)(2)(A)(i), and 203, if 
        otherwise expressly required by statute, or if a statutorily 
        authorized benefit takes into consideration such factors''.

SEC. 4102. TRANSFER AND LIMITATIONS ON AUTHORITY TO SUSPEND OR RESTRICT 
              THE ENTRY OF A CLASS OF ALIENS.

    Section 212(f) of the Immigration and Nationality Act (8 U.S.C. 
1182(f)) is amended to read as follows:
    ``(f) Authority To Suspend or Restrict the Entry of a Class of 
Aliens.--
            ``(1) In general.--Subject to paragraph (2), if the 
        Secretary of State, in consultation with the Secretary of 
        Homeland Security, determines, based on specific and credible 
        facts, that the entry of any aliens or any class of aliens into 
        the United States would undermine the security or public safety 
        of the United States or the preservation of human rights, 
        democratic processes or institutions, or international 
        stability, the President may temporarily--
                    ``(A) suspend the entry of such aliens or class of 
                aliens as immigrants or nonimmigrants; or
                    ``(B) impose any restrictions on the entry of such 
                aliens that the President deems appropriate.
            ``(2) Limitations.--In carrying out paragraph (1), the 
        President, the Secretary of State, and the Secretary of 
        Homeland Security shall--
                    ``(A) only issue a suspension or restriction when 
                required to address specific acts implicating a 
                compelling government interest in a factor identified 
                in paragraph (1);
                    ``(B) narrowly tailor the suspension or 
                restriction, using the least restrictive means, to 
                achieve such compelling government interest;
                    ``(C) specify the duration of the suspension or 
                restriction;
                    ``(D) consider waivers to any class-based 
                restriction or suspension and apply a rebuttable 
                presumption in favor of granting family-based and 
                humanitarian waivers; and
                    ``(E) comply with all provisions of this Act.
            ``(3) Congressional notification.--
                    ``(A) In general.--Prior to the President 
                exercising the authority under paragraph (1), the 
                Secretary of State and the Secretary of Homeland 
                Security shall consult Congress and provide Congress 
                with specific evidence supporting the need for the 
                suspension or restriction and its proposed duration.
                    ``(B) Briefing and report.--Not later than 48 hours 
                after the President exercises the authority under 
                paragraph (1), the Secretary of State and the Secretary 
                of Homeland Security shall provide a briefing and 
                submit a written report to Congress that describes--
                            ``(i) the action taken pursuant to 
                        paragraph (1) and the specified objective of 
                        such action;
                            ``(ii) the estimated number of individuals 
                        who will be impacted by such action;
                            ``(iii) the constitutional and legislative 
                        authority under which such action took place; 
                        and
                            ``(iv) the circumstances necessitating such 
                        action, including how such action complies with 
                        paragraph (2), as well as any intelligence 
                        informing such actions.
                    ``(C) Termination.--If the briefing and report 
                described in subparagraph (B) are not provided to 
                Congress during the 48 hours that begin when the 
                President exercises the authority under paragraph (1), 
                the suspension or restriction shall immediately 
                terminate absent intervening congressional action.
                    ``(D) Congress.--In this paragraph, the term 
                `Congress' refers to the Select Committee on 
                Intelligence of the Senate, the Committee on Foreign 
                Relations of the Senate, the Committee on the Judiciary 
                of the Senate, the Committee on Homeland Security and 
                Governmental Affairs of the Senate, the Permanent 
                Select Committee on Intelligence of the House of 
                Representatives, the Committee on Foreign Affairs of 
                the House of Representatives, the Committee on the 
                Judiciary of the House of Representatives, and the 
                Committee on Homeland Security of the House of 
                Representatives.
            ``(4) Publication.--The Secretary of State and the 
        Secretary of Homeland Security shall publicly announce and 
        publish an unclassified version of the report described in 
        paragraph (3)(B) in the Federal Register.
            ``(5) Judicial review.--
                    ``(A) In general.--Notwithstanding any other 
                provision of law, an individual or entity who is 
                present in the United States and has been harmed by a 
                violation of this subsection may file an action in an 
                appropriate district court of the United States to seek 
                declaratory or injunctive relief.
                    ``(B) Class action.--Nothing in this Act may be 
                construed to preclude an action filed pursuant to 
                subparagraph (A) from proceeding as a class action.
            ``(6) Treatment of commercial airlines.--Whenever the 
        Secretary of Homeland Security finds that a commercial airline 
        has failed to comply with regulations of the Secretary of 
        Homeland Security relating to requirements of airlines for the 
        detection of fraudulent documents used by passengers traveling 
        to the United States (including the training of personnel in 
        such detection), the Secretary of Homeland Security may suspend 
        the entry of some or all aliens transported to the United 
        States by such airline.
            ``(7) Rule of construction.--Nothing in this section may be 
        construed as authorizing the President, the Secretary of State, 
        or the Secretary of Homeland Security to act in a manner 
        inconsistent with the policy decisions expressed in the 
        immigration laws.''.

SEC. 4103. VISA APPLICANTS REPORT.

    (a) Initial Reports.--
            (1) In general.--Not later than 90 days after the date of 
        the enactment of this Act, the Secretary of State, in 
        coordination with the Secretary of Homeland Security and the 
        heads of other relevant Federal agencies, shall submit a report 
        to the congressional committees referred to in section 
        212(f)(3)(D) of the Immigration and Nationality Act, as amended 
        by section 4102 of this Act, that describes the implementation 
        of Presidential Proclamations 9645, 9822, and 9983 and 
        Executive Order Nos. 13769, 13780, and 13815, during the 
        effective period of each such proclamation and order.
            (2) Presidential proclamation 9645 and 9983.--In addition 
        to the content described in paragraph (1), the report submitted 
        with respect to Presidential Proclamation 9645, issued on 
        September 24, 2017, and Presidential Proclamation 9983, issued 
        on January 31, 2020, shall include, for each country listed in 
        such proclamation--
                    (A) the total number of individuals who applied for 
                a visa during the time period the proclamation was in 
                effect, disaggregated by country and visa category;
                    (B) the total number of visa applicants described 
                in subparagraph (A) who were approved, disaggregated by 
                country and visa category;
                    (C) the total number of visa applicants described 
                in subparagraph (A) who were refused, disaggregated by 
                country and visa category, and the reasons they were 
                refused;
                    (D) the total number of visa applicants described 
                in subparagraph (A) whose applications remain pending, 
                disaggregated by country and visa category;
                    (E) the total number of visa applicants described 
                in subparagraph (A) who were granted a waiver, 
                disaggregated by country and visa category;
                    (F) the total number of visa applicants described 
                in subparagraph (A) who were denied a waiver, 
                disaggregated by country and visa category, and the 
                reasons such waiver requests were denied;
                    (G) the total number of refugees admitted, 
                disaggregated by country; and
                    (H) the complete reports that were submitted to the 
                President every 180 days in accordance with section 4 
                of Presidential Proclamation 9645 in its original form, 
                and as amended by Presidential Proclamation 9983.
    (b) Additional Reports.--Not later than 30 days after the date on 
which the President exercises the authority under section 212(f) of the 
Immigration and Nationality Act (8 U.S.C. 1182(f)), as amended by 
section 4102 of this Act, and every 30 days thereafter, the Secretary 
of State, in coordination with the Secretary of Homeland Security and 
heads of other relevant Federal agencies, shall submit a report to the 
congressional committees referred to in paragraph (3)(D) of such 
section 212(f) that identifies, with respect to countries affected by a 
suspension or restriction, the information described in subparagraphs 
(A) through (G) of subsection (a)(2) and the specific evidence 
supporting the need for the continued exercise of Presidential 
Authority under such section 212(f), including the information 
described in paragraph (3)(B) of such section 212(f). If the report 
described in this subsection is not provided to such congressional 
committees in the time specified, the suspension or restriction shall 
immediately terminate absent intervening congressional action. A final 
report with such information shall be prepared and submitted to such 
congressional committees not later than 30 days after the suspension or 
restriction is lifted.
    (c) Form; Availability.--The reports required under subsections (a) 
and (b) shall be made publicly available online in unclassified form.

                      TITLE V--GENERAL PROVISIONS

SEC. 5101. 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. 5102. 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.
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