I 
113TH CONGRESS 
1ST SESSION H. R. 1365 
To amend the Immigration and Nationality Act to reaffirm the United States 
historic commitment to protecting refugees who are fleeing persecution 
or torture. 
IN THE HOUSE OF REPRESENTATIVES 
MARCH 21, 2013 
Ms. LOFGREN (for herself, Mr. CONYERS, Mr. ELLISON, Mr. POLIS, Ms. 
SCHAKOWSKY, Mr. SWALWELL of California, and Mr. WELCH) introduced 
the following bill; which was referred to the Committee on the Judiciary, 
and in addition to the Committees on Ways and Means and the Budget, 
for a period to be subsequently determined by the Speaker, in each case 
for consideration of such provisions as fall within the jurisdiction of the 
committee concerned 
A BILL 
To amend the Immigration and Nationality Act to reaffirm 
the United States historic commitment to protecting ref-
ugees who are fleeing persecution or torture. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 
(a) SHORT TITLE.—This Act may be cited as the 
‘‘Refugee Protection Act of 2013’’. 
(b) TABLE OF CONTENTS.—The table of contents for 
this Act is as follows: 
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Sec. 1. Short title; table of contents. 
Sec. 2. Definitions. 
Sec. 3. Elimination of time limits on asylum applications. 
Sec. 4. Protecting victims of terrorism from being defined as terrorists. 
Sec. 5. Protecting certain vulnerable groups of asylum seekers. 
Sec. 6. Effective adjudication of proceedings. 
Sec. 7. Scope and standard for review. 
Sec. 8. Efficient asylum determination process. 
Sec. 9. Secure Alternatives Program. 
Sec. 10. Conditions of detention. 
Sec. 11. Timely notice of immigration charges. 
Sec. 12. Procedures for ensuring accuracy and verifiability of sworn statements 
taken pursuant to expedited removal authority. 
Sec. 13. Study on the effect of expedited removal provisions, practices, and pro-
cedures on asylum claims. 
Sec. 14. Refugee opportunity promotion. 
Sec. 15. Protections for minors seeking asylum. 
Sec. 16. Legal assistance for refugees and asylees. 
Sec. 17. Protection of stateless persons in the United States. 
Sec. 18. Authority to designate certain groups of refugees for consideration. 
Sec. 19. Multiple forms of relief. 
Sec. 20. Protection of refugee families. 
Sec. 21. Reform of refugee consultation process. 
Sec. 22. Admission of refugees in the absence of the annual Presidential deter-
mination. 
Sec. 23. Update of reception and placement grants. 
Sec. 24. Protection for aliens interdicted at sea. 
Sec. 25. Modification of physical presence requirements for aliens serving as 
translators. 
Sec. 26. Assessment of the Refugee Domestic Resettlement Program. 
Sec. 27. Refugee assistance. 
Sec. 28. Resettlement data. 
Sec. 29. Protections for refugees. 
Sec. 30. Extension of eligibility period for Social Security benefits for certain 
refugees. 
Sec. 31. Authorization of appropriations. 
Sec. 32. Determination of budgetary effects. 
SEC. 2. DEFINITIONS. 
In this Act: 
(1) ASYLUM SEEKER.—The term ‘‘asylum seek-
er’’— 
(A) means— 
(i) any applicant for asylum under 
section 208 of the Immigration and Na-
tionality Act (8 U.S.C. 1158); 
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(ii) any alien who indicates an inten-
tion to apply for asylum under that sec-
tion; and 
(iii) any alien who indicates an inten-
tion to apply for withholding of removal, 
pursuant to— 
(I) section 241 of the Immigra-
tion and Nationality Act (8 U.S.C. 
1231); or 
(II) the Convention Against Tor-
ture and Other Cruel, Inhuman or 
Degrading Treatment or Punishment, 
done at New York December 10, 
1984; 
(B) includes any individual described in 
subparagraph (A) whose application for asylum 
or withholding of removal is pending judicial re-
view; and 
(C) does not include an individual with re-
spect to whom a final order denying asylum and 
withholding of removal has been entered if such 
order is not pending judicial review. 
(2) SECRETARY.—The term ‘‘Secretary’’ means 
the Secretary of Homeland Security. 
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SEC. 3. ELIMINATION OF TIME LIMITS ON ASYLUM APPLI-
CATIONS. 
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 sub-
paragraph (B); 
(4) in subparagraph (B), as redesignated, by 
striking ‘‘subparagraph (D)’’ and inserting ‘‘sub-
paragraphs (C) and (D)’’; and 
(5) by inserting after subparagraph (B), as re-
designated, the following: 
‘‘(C) CHANGED
CIRCUMSTANCES.—Not-
withstanding subparagraph (B), an application 
for asylum of an alien may be considered if the 
alien demonstrates, to the satisfaction of the 
Attorney General, the existence of changed cir-
cumstances that materially affect the appli-
cant’s eligibility for asylum. 
‘‘(D) 
MOTION
TO
REOPEN
ASYLUM 
CLAIM.—Notwithstanding subparagraph (B) or 
section 240(c)(7), an alien may file a motion to 
reopen an asylum claim during the 2-year pe-
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riod beginning on the date of the enactment of 
the Refugee Protection Act of 2013 if the 
alien— 
‘‘(i) was denied asylum based solely 
upon a failure to meet the 1-year applica-
tion filing deadline in effect on the date on 
which the application was filed; 
‘‘(ii) was granted withholding of re-
moval to the alien’s country of nationality 
(or, if stateless, to the country of last ha-
bitual residence under section 241(b)(3)); 
‘‘(iii) has not obtained lawful perma-
nent residence in the United States pursu-
ant to any other provision of law; 
‘‘(iv) is not subject to the safe third 
country exception in section 208(a)(2)(A) 
or a bar to asylum under section 208(b)(2) 
and should not be denied asylum as a mat-
ter of discretion; and 
‘‘(v) is physically present in the 
United States when the motion is filed.’’. 
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SEC. 4. PROTECTING VICTIMS OF TERRORISM FROM BEING 
DEFINED AS TERRORISTS. 
(a) TERRORIST ACTIVITIES.—Section 212(a)(3)(B) 
of the Immigration and Nationality Act (8 U.S.C. 
1182(a)(3)(B)) is amended to read as follows: 
‘‘(B) TERRORIST ACTIVITIES.— 
‘‘(i) IN
GENERAL.—Except as pro-
vided 
in 
clause 
(ii) 
and 
subsection 
(d)(3)(B)(i), an alien is inadmissible if— 
‘‘(I) the alien has engaged in a 
terrorist activity; 
‘‘(II) a consular officer, the At-
torney General, or the Secretary of 
Homeland Security knows, or has rea-
sonable ground to believe, that the 
alien is engaged, or is likely to engage 
after entry, in any terrorist activity; 
‘‘(III) the alien has, under cir-
cumstances indicating an intention to 
cause death or serious bodily harm, 
incited terrorist activity; 
‘‘(IV) the alien is a representa-
tive of— 
‘‘(aa) a terrorist organiza-
tion; or 
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‘‘(bb) a political, social, or 
other group that endorses or es-
pouses terrorist activity; 
‘‘(V) the alien is a member of a 
terrorist organization; 
‘‘(VI) the alien endorses or es-
pouses terrorist activity or persuades 
others to endorse or espouse terrorist 
activity or support a terrorist organi-
zation; 
‘‘(VII) the alien has received 
military-type training (as defined in 
section 
2339D(c)(1) 
of 
title 
18, 
United States Code) from, or on be-
half of, any organization that, at the 
time the training was received, was a 
terrorist organization; or 
‘‘(VIII) the alien is an officer, of-
ficial, representative, or spokesman of 
the Palestine Liberation Organization. 
‘‘(ii) EXCEPTIONS.— 
‘‘(I) LACK
OF
KNOWLEDGE.— 
Clause (i)(V) shall not apply to an 
alien who is a member of a terrorist 
organization 
described 
in 
clause 
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(iii)(V)(cc) if the alien demonstrates 
by clear and convincing evidence that 
the alien did not know, and should not 
reasonably have known, that the orga-
nization was a terrorist organization. 
‘‘(II) DURESS.—Clause (i)(VII) 
and items (dd) through (ff) of clause 
(iii)(I) shall not apply to an alien who 
establishes that his or her actions giv-
ing rise to inadmissibility under such 
clause were committed under duress 
and the alien does not pose a threat 
to the security of the United States. 
In determining whether the alien was 
subject to duress, the Secretary of 
Homeland Security may consider, 
among relevant factors, the age of the 
alien at the time such actions were 
committed. 
‘‘(iii) DEFINITIONS.—In this section: 
‘‘(I) ENGAGE IN TERRORIST AC-
TIVITY.—The term ‘engage in ter-
rorist activity’ means, in an individual 
capacity or as a member of an organi-
zation— 
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‘‘(aa) to commit or to incite 
to commit, under circumstances 
indicating an intention to cause 
death or serious bodily injury, a 
terrorist activity; 
‘‘(bb) to prepare or plan a 
terrorist activity; 
‘‘(cc) to gather information 
on potential targets for terrorist 
activity; 
‘‘(dd) to solicit funds or 
other things of value for— 
‘‘(AA) a terrorist activ-
ity; 
‘‘(BB) a terrorist orga-
nization described in item 
(aa) 
or 
(bb) 
of 
clause 
(iii)(V); or 
‘‘(CC) a terrorist orga-
nization described in clause 
(iii)(V)(cc), unless the solic-
itor can demonstrate by 
clear and convincing evi-
dence that he or she did not 
know, and should not rea-
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sonably have known, that 
the organization was a ter-
rorist organization; 
‘‘(ee) to solicit any indi-
vidual— 
‘‘(AA) to engage in con-
duct otherwise described in 
this subsection; 
‘‘(BB) for membership 
in a terrorist organization 
described in item (aa) or 
(bb) of clause (iii)(V); or 
‘‘(CC) for membership 
in a terrorist organization 
described 
in 
clause 
(iii)(V)(cc) unless the solic-
itor can demonstrate by 
clear and convincing evi-
dence that he or she did not 
know, and should not rea-
sonably have known, that 
the organization was a ter-
rorist organization; or 
‘‘(ff) to commit an act that 
the actor knows, or reasonably 
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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, bio-
logical, or radiological weapons), 
explosives, or training— 
‘‘(AA) for the commis-
sion of a terrorist activity; 
‘‘(BB) to any individual 
who the actor knows, or rea-
sonably should know, has 
committed or plans to com-
mit a terrorist activity; 
‘‘(CC) to a terrorist or-
ganization described in item 
(aa) 
or 
(bb) 
of 
clause 
(iii)(V) or to any member of 
such an organization; or 
‘‘(DD) to a terrorist or-
ganization 
described 
in 
clause (iii)(V)(cc), or to any 
member of such an organi-
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zation, unless the actor can 
demonstrate by clear and 
convincing evidence that he 
or she did not know, and 
should not reasonably have 
known, that the organization 
was a terrorist organization. 
‘‘(II) MATERIAL SUPPORT.—The 
term ‘material support’ means sup-
port that is significant and of a kind 
directly relevant to terrorist activity. 
‘‘(III) 
REPRESENTATIVE.—The 
term ‘representative’ includes— 
‘‘(aa) an officer, official, or 
spokesman of an organization; 
and 
‘‘(bb) any person who di-
rects, counsels, commands, or in-
duces an organization or its 
members to engage in terrorist 
activity. 
‘‘(IV) TERRORIST
ACTIVITY.— 
The term ‘terrorist activity’ means 
any activity which is unlawful under 
the laws of the place where it is com-
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mitted (or which, if it had been com-
mitted in the United States, would be 
unlawful under the laws of the United 
States or any State) and which in-
volves— 
‘‘(aa) the highjacking or 
sabotage of any conveyance (in-
cluding an aircraft, vessel, or ve-
hicle); 
‘‘(bb) the seizing or detain-
ing, and threatening to kill, in-
jure, or continue to detain, an-
other individual in order to com-
pel a third person (including a 
governmental organization) to do 
or abstain from doing any act as 
an explicit or implicit condition 
for the release of the individual 
seized or detained; 
‘‘(cc) a violent attack upon 
an internationally protected per-
son 
(as 
defined 
in 
section 
1116(b)(4) of title 18, United 
States Code) or upon the liberty 
of such a person; 
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‘‘(dd) an assassination; 
‘‘(ee) the use, with the in-
tent 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, fire-
arm, or other weapon or 
dangerous device (other than 
for mere personal monetary 
gain); or 
‘‘(ff) a threat, attempt, or 
conspiracy to carry out any of 
the activities described in items 
(aa) through (ee). 
‘‘(V) 
TERRORIST
ORGANIZA-
TION.—The term ‘terrorist organiza-
tion’ means an organization— 
‘‘(aa) designated under sec-
tion 219; 
‘‘(bb) otherwise designated, 
upon publication in the Federal 
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Register, by the Secretary of 
State in consultation with or 
upon the request of the Attorney 
General or the Secretary of 
Homeland Security, as a terrorist 
organization, after finding that 
the organization engages in the 
activities described in items (aa) 
through (ff) of subclause (I); or 
‘‘(cc) that is a group of 2 or 
more individuals, whether orga-
nized or not, which engages in, or 
has a subgroup which engages in, 
the activities described in items 
(aa) through (ff) of subclause 
(I).’’. 
(b) CHILD SOLDIERS.— 
(1) INADMISSIBILITY.—Section 212(a)(3)(G) of 
the Immigration and Nationality Act (8 U.S.C. 
1182(a)(3)(G)) is amended by adding at the end the 
following: ‘‘This subparagraph shall not apply to an 
alien who establishes that the actions giving rise to 
inadmissibility under this subparagraph were com-
mitted under duress or carried out while the alien 
was younger than 18 years of age.’’. 
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(2) DEPORTABILITY.—Section 237(a)(4)(F) of 
such Act (8 U.S.C. 1227(a)(4)(F)) is amended— 
(A) by redesignating subparagraph (F) as 
subparagraph (G); 
(B) by redesignating subparagraph (E) (as 
added by section 5502(b)), as subparagraph 
(F); and 
(C) in subparagraph (G), as redesignated, 
by adding at the end the following: ‘‘This sub-
paragraph shall not apply to an alien who es-
tablishes that the actions giving rise to deport-
ability under this subparagraph were committed 
under duress or carried out while the alien was 
younger than 18 years of age.’’. 
(c) TEMPORARY ADMISSION OF NONIMMIGRANTS.— 
Section 212(d)(3)(B)(i) of the Immigration and Nation-
ality Act (8 U.S.C. 1182(d)(3)(B)(i)) is amended to read 
as follows: 
‘‘(B)(i) The Secretary of State, after consulta-
tion 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 
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