Subtitle E—Fairness in 
Determination of Public Charge 
SEC. 341. EQUITABLE PROCEDURES CONCERNING PUBLIC 
CHARGE AND AFFIDAVIT OF SUPPORT. 
(a) GROUNDS FOR INELIGIBILITY FOR ADMISSION.—
Section 212(a)(4) (8 U.S.C. 1182(a)(4)) is amended—
(1) by amending subparagraph (B)(ii) to read 
as follows: 
‘‘(ii) If an alien submits an affidavit of 
support described in section 213A, in addition 
to the factors under clause (i), the consular of-
ficer or the Attorney General shall also consider 
such affidavit in determining whether the alien 
is inadmissible under this paragraph.’’; and 
(2) by striking subparagraphs (C) and (D). 
(b) REQUIREMENTS FOR SPONSOR’S AFFIDAVIT OF 
SUPPORT.—Subsections 
(a)(1)(A), 
(f)(1)(E), 
and 
(f)(4)(B)(i) of section 213A (8 U.S.C. 1183a(a)(1)(A), 
(f)(1)(E), and (f)(4)(B)(i)) are amended by striking 
‘‘125’’ and inserting ‘‘100’’.
TITLE IV—FAIRNESS IN ASYLUM 
AND REFUGEE PROCEEDINGS 
Subtitle A—Increased Fairness in 
Asylum Proceedings 
SEC. 401. ELIMINATION OF ARBITRARY TIME LIMITS ON 
ASYLUM APPLICATIONS. 
Section 208(a)(2) (8 U.S.C. 1158(a)(2)) is amend-
ed—
(1) by striking subparagraph (B); 
(2) in subparagraph (C), by striking ‘‘(D)’’ and 
inserting ‘‘(C)’’; 
(3) in subparagraph (D), by striking ‘‘subpara-
graphs (B) and (C),’’ and inserting ‘‘subparagraph 
(B),’’; and 
(4) by redesignating subparagraphs (C) and 
(D) as subparagraphs (B) and (C), respectively. 
SEC. 402. GENDER-BASED PERSECUTION. 
(a) TREATMENT AS REFUGEE.—Section 101(a)(42) 
(8 U.S.C. 1101(a)(42)) is amended by adding at the end 
the following: 
‘‘For purposes of determinations under this Act, a person 
who establishes that he or she suffered persecution in the 
past, or has a well-founded fear of persecution, on account 
of gender shall be considered to have suffered persecution,
or to have a well-founded fear of persecution, on account 
of membership in a particular social group.’’. 
(b) RESTRICTION ON REMOVAL TO COUNTRY WHERE 
ALIEN WOULD BE THREATENED.—Section 241(b)(3) (8 
U.S.C. 1231(b)(3)) is amended by adding at the end the 
following: 
‘‘(C) GENDER-BASED PERSECUTION.—For 
purposes of determinations under this para-
graph, an alien who establishes that the alien’s 
life or freedom would be threatened in a coun-
try on account of gender shall be considered to 
have established that the alien’s life or freedom 
would be threatened in that country on account 
of membership in a particular social group.’’. 
SEC. 403. PRESUMPTION OF ASYLUM IN CASES OF PAST 
PERSECUTION. 
Section 101(a)(42) (8 U.S.C. 1101(a)(42)) is amend-
ed by adding at the end the following: 
‘‘For purposes of determinations under this Act, a person 
shall be presumed to have a well-founded fear of future 
persecution if he or she has established that he or she was 
persecuted in the past, unless a preponderance of the evi-
dence establishes that since the time the persecution oc-
curred conditions in the person’s country of nationality or 
last habitual residence have changed to such an extent
that the person no longer has a well-founded fear of being 
persecuted if he or she were to return. In a case where 
the presumption is rebutted, the person nonetheless may 
be considered a refugee if the person demonstrates com-
pelling reason for being unwilling to return to the person’s 
country of nationality or last habitual residence arising 
out of the severity of the past persecution.’’. 
SEC. 404. REBUTTABLE PRESUMPTION OF ASYLUM WHERE 
PERSECUTION OCCURS WITH RESPECT TO A 
PARTICULAR LOCATION IN A COUNTRY. 
Section 101(a)(42) (8 U.S.C. 1101(a)(42)) is amend-
ed by adding at the end the following: 
‘‘For purposes of determinations under this Act, a person 
who establishes that he or she suffered persecution in the 
past, or has a well-founded fear of persecution, with re-
spect to any location in the person’s country of nationality 
or last habitual residence shall be presumed to have a well-
founded fear of future persecution with respect to all loca-
tions in such country, unless a preponderance of the evi-
dence establishes that the threat of future persecution is 
not country-wide. In a case where the presumption is re-
butted, the person nonetheless may be considered a ref-
ugee if the person demonstrates that it would be unreason-
able to require the person to resettle in any location in 
such country.’’.