(2) an amount is provided at the beginning of 
the fiscal year to each national resettlement agency 
that is sufficient to ensure adequate local and na-
tional capacity to serve the initial resettlement needs 
of refugees the Secretary anticipates the agency will 
resettle throughout the fiscal year; and 
(3) additional amounts are provided to each na-
tional resettlement agency promptly upon the arrival 
of refugees that, exclusive of the amounts provided 
pursuant to paragraph (2), are sufficient to meet the 
anticipated initial resettlement needs of such refu-
gees and support local and national operational costs 
in excess of the estimates described in paragraph 
(1). 
SEC. 24. PROTECTION FOR ALIENS INTERDICTED AT SEA. 
Section 241(b)(3) of the Immigration and Nationality 
Act (8 U.S.C. 1231(b)(3)) is amended— 
(1) in the paragraph heading, by striking ‘‘TO 
A
COUNTRY
WHERE
ALIEN’S
LIFE
OR
FREEDOM 
WOULD BE THREATENED’’ and inserting ‘‘OR RE-
TURN IF REFUGEE’S LIFE OR FREEDOM WOULD BE 
THREATENED OR ALIEN WOULD BE SUBJECTED TO 
TORTURE’’; 
(2) in subparagraph (A)— 
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(A) by striking ‘‘Notwithstanding’’ and in-
serting the following: 
‘‘(i) LIFE
OR
FREEDOM
THREAT-
ENED.—Notwithstanding’’; and 
(B) by adding at the end the following: 
‘‘(ii) ASYLUM
INTERVIEW.—Notwith-
standing paragraphs (1) and (2), a United 
States officer may not return any alien 
interdicted or otherwise encountered in 
international waters or United States 
waters who has expressed a fear of return 
to his or her country of departure, origin, 
or last habitual residence— 
‘‘(I) until such alien has had the 
opportunity to be interviewed by an 
asylum officer to determine whether 
that alien has a well-founded fear of 
persecution because of the alien’s 
race, religion, nationality, membership 
in a particular social group, or polit-
ical opinion, or because the alien 
would be subject to torture in that 
country; or 
‘‘(II) if an asylum officer has de-
termined that the alien has such a 
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well-founded fear of persecution or 
would be subject to torture in his or 
her country of departure, origin, or 
last habitual residence.’’; 
(3) by redesignating subparagraphs (B) and 
(C) as subparagraphs (C) and (D), respectively; and 
(4) by inserting after subparagraph (A) the fol-
lowing: 
‘‘(B) PROTECTIONS
FOR
ALIENS
INTER-
DICTED IN INTERNATIONAL OR UNITED STATES 
WATERS.—The Secretary of Homeland Security 
shall issue regulations establishing a uniform 
procedure applicable to all aliens interdicted in 
international or United States waters that— 
‘‘(i) provides each alien— 
‘‘(I) a meaningful opportunity to 
express, through a translator who is 
fluent in a language the alien claims 
to understand, a fear of return to his 
or her country of departure, origin, or 
last habitual residence; and 
‘‘(II) in a confidential setting and 
in a language the alien claims to un-
derstand, information concerning the 
alien’s interdiction, including the abil-
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ity 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 con-
fidential 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 ori-
gin or country of last habitual residence is 
prohibited because the alien has a well- 
founded fear of persecution— 
‘‘(I) because of the alien’s race, 
religion, nationality, membership in a 
particular social group, or political 
opinion; or 
‘‘(II) because the alien would be 
subject to torture in that country; 
‘‘(iii) ensures that each alien can ef-
fectively communicate with United States 
officers through the use of a translator flu-
ent in a language the alien claims to un-
derstand; and 
‘‘(iv) provides each alien who, accord-
ing to the determination of an asylum offi-
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cer, has a well-founded fear of persecution 
for the reasons specified in clause (ii) or 
would be subject to torture, an opportunity 
to seek protection in— 
‘‘(I) a country other than the 
alien’s country of origin or country of 
last habitual residence in which the 
alien has family or other ties that will 
facilitate resettlement; or 
‘‘(II) if the alien has no such 
ties, a country that will best facilitate 
the alien’s resettlement, which may in-
clude the United States.’’. 
SEC. 25. MODIFICATION OF PHYSICAL PRESENCE REQUIRE-
MENTS FOR ALIENS SERVING AS TRANS-
LATORS. 
(a) IN GENERAL.—Section 1059(e)(1) of the Na-
tional Defense Authorization Act for Fiscal Year 2006 
(Public Law 109–163; 8 U.S.C. 1101 note) is amended 
to read as follows: 
‘‘(1) IN GENERAL.— 
‘‘(A) CONTINUOUS
RESIDENCE.—An ab-
sence from the United States described in para-
graph (2) shall not be considered to break any 
period for which continuous residence in the 
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United States is required for naturalization 
under title III of the Immigration and Nation-
ality Act (8 U.S.C. 1401 et seq.). 
‘‘(B) PHYSICAL PRESENCE.—In the case of 
a lawful permanent resident, for an absence 
from the United States described in paragraph 
(2), the time spent outside of the United States 
in the capacity described in paragraph (2) shall 
be counted towards the accumulation of the re-
quired physical presence in the United States.’’. 
(b) EFFECTIVE DATE.—The amendment made by 
subsection (a) shall take effect as if included in the 
amendment made by section 1(c)(2) of the Act entitled 
‘‘An Act to increase the number of Iraqi and Afghani 
translators and interpreters who may be admitted to the 
United States as special immigrants, and for other pur-
poses’’, approved June 15, 2007 (Public Law 110–36; 121 
Stat. 227). 
SEC. 26. ASSESSMENT OF THE REFUGEE DOMESTIC RESET-
TLEMENT PROGRAM. 
(a) IN GENERAL.—As soon as practicable after the 
date of the enactment of this Act, the Comptroller General 
of the United States shall conduct a study regarding the 
effectiveness of the domestic refugee resettlement pro-
grams operated by the Office of Refugee Resettlement. 
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(b) MATTERS TO BE STUDIED.—In the study re-
quired under subsection (a), the Comptroller General shall 
determine and analyze— 
(1) how the Office of Refugee Resettlement de-
fines self-sufficiency; 
(2) if this definition is adequate in addressing 
refugee needs in the United States; 
(3) the effectiveness of the Office of Refugee 
Resettlement programs in helping refugees to meet 
self-sufficiency; 
(4) an analysis of the unmet needs of the pro-
grams; 
(5) an evaluation of the Office of Refugee Re-
settlement’s budgetary resources and projection of 
the amount of additional resources needed to fully 
address the unmet needs of refugees with regard to 
self-sufficiency; 
(6) the role of community-based organizations 
in serving refugees in areas experiencing a high 
number of new refugee arrivals; 
(7) an analysis of how community-based organi-
zations can be better utilized and supported in the 
Federal domestic resettlement process; and 
(8) recommendations on statutory changes to 
improve the Office of Refugee Resettlement and the 
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domestic refugee program in relation to the matters 
analyzed under paragraphs (1) through (7). 
(c) REPORT.—Not later than 2 years after the date 
of the enactment of this Act, the Comptroller General shall 
submit a report to Congress that contains the results of 
the study required under subsection (a). 
SEC. 27. REFUGEE ASSISTANCE. 
(a) AMENDMENTS TO THE SOCIAL SERVICES FUND-
ING.—Section 412(c)(1)(B) of the Immigration and Na-
tionality 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 combina-
tion of— 
‘‘(i) the total number or refugees (includ-
ing children and adults) who arrived in the 
United States not more than 36 months before 
the beginning of such fiscal year and are actu-
ally 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 pe-
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riod described who are residing in the State as 
of the beginning of the fiscal year; and 
‘‘(iii) projections on the number and na-
ture of incoming refugees and other populations 
served by the Office during the subsequent fis-
cal year.’’. 
(b) REPORT ON SECONDARY MIGRATION.—Section 
412(a)(3) of such Act (814 U.S.C. 1522(a)(3)) is amend-
ed— 
(1) by striking ‘‘a periodic’’ and inserting ‘‘an 
annual’’; and 
(2) by adding at the end the following: ‘‘At the 
end of each fiscal year, the Assistant Secretary shall 
submit a report to Congress that describes the find-
ings of the assessment, including States experiencing 
departures and arrivals due to secondary migration, 
likely reasons for migration, the impact of secondary 
migration on States hosting secondary migrants, 
availability of social services for secondary migrants 
in those States, and unmet needs of those secondary 
migrants.’’. 
(c) ASSISTANCE MADE AVAILABLE TO SECONDARY 
MIGRANTS.—Section 412(a)(1) of such Act (8 U.S.C. 
1522(a)(1)) is amended by adding at the end the fol-
lowing: 
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‘‘(C) When providing assistance under this sec-
tion, the Assistant Secretary shall ensure that such 
assistance is provided to refugees who are secondary 
migrants and meet all other eligibility requirements 
for such services.’’. 
(d) NOTICE AND RULEMAKING.—Not later than 90 
days after the date of enactment of this Act, but in no 
event later than 30 days before the effective date of the 
amendments made by this section, the Assistant Secretary 
shall— 
(1) issue a proposed rule of the new formula by 
which grants and contracts are to be allocated pur-
suant to the amendments made by subsection (c); 
and 
(2) solicit public comment. 
(e) EFFECTIVE DATE.—The amendments made by 
this section shall take effect on the first day of the first 
fiscal year that begins after the date of the enactment of 
this Act. 
SEC. 28. RESETTLEMENT DATA. 
(a) IN GENERAL.—The Assistant Secretary of Health 
and Human Services for Refugee and Asylee Resettlement 
(referred to in this section as the ‘‘Assistant Secretary’’) 
shall expand the Office of Refugee Resettlement’s data 
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analysis, collection, and sharing activities in accordance 
with this section. 
(b) DATA
ON MENTAL
AND PHYSICAL MEDICAL 
CASES.—The Assistant Secretary shall coordinate with 
the Centers for Disease Control, national resettlement 
agencies, community-based organizations, and State ref-
ugee health programs to track national and State trends 
on refugees arriving with Class A medical conditions and 
other urgent medical needs. In collecting information 
under this subsection, the Assistant Secretary shall utilize 
initial refugee health screening data, including history of 
severe trauma, torture, mental health symptoms, depres-
sion, anxiety and post traumatic stress disorder, recorded 
during domestic and international health screenings, and 
Refugee Medical Assistance utilization rate data. 
(c) DATA ON HOUSING NEEDS.—The Assistant Sec-
retary shall partner with State refugee programs, commu-
nity-based organizations, and national resettlement agen-
cies to collect data relating to the housing needs of refu-
gees, including— 
(1) the number of refugees who have become 
homeless; and 
(2) the number of refugees at severe risk of be-
coming homeless. 
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