22 U.S.C. § 6474 — Studies on effect of expedited removal

Page 1824 TITLE 22—FOREIGN RELATIONS AND INTERCOURSE § 6473a applicable distinctions within a country in the treatment of various religious practices and be- lievers. (c) Training for immigration judges The Executive Office of Immigration Review of the Department of Justice shall incorporate into its initial and ongoing training of immigra- tion judges training on the extent and nature of religious persecution internationally, including country-specific conditions, and including use of the Annual Report. Such training shall include governmental and nongovernmental methods of persecution employed, and differences in the treatment of religious groups by such perse- cuting entities. (Pub. L. 105–292, title VI, § 603, Oct. 27, 1998, 112 Stat. 2813; Pub. L. 107–132, § 1(b), Jan. 16, 2002, 115 Stat. 2412.) Editorial Notes AMENDMENTS 2002—Subsec. (b). Pub. L. 107–132 substituted ‘‘George P. Shultz National Foreign Affairs Training Center’’ for ‘‘National Foreign Affairs Training Center’’. Statutory Notes and Related Subsidiaries ABOLITION OF IMMIGRATION AND NATURALIZATION SERVICE AND TRANSFER OF FUNCTIONS For abolition of Immigration and Naturalization Service, transfer of functions, and treatment of related references, see note set out under section 1551 of Title 8, Aliens and Nationality. § 6473a. Designated persons list for particularly severe violations of religious freedom (a) List (1) In general The Secretary of State, in coordination with the Ambassador at Large and in consultation with relevant government and nongovernment experts, shall establish and maintain a list of foreign individuals to whom a consular post has denied a visa on the grounds of particu- larly severe violations of religious freedom under section 1182(a)(2)(G) of title 8, or who are subject to financial sanctions or other measures for particularly severe violations of freedom religion. (2) Reference The list required under paragraph (1) shall be known as the ‘‘Designated Persons List for Particularly Severe Violations of Religious Freedom’’. (b) Report (1) In general The Secretary of State shall submit a report to the appropriate congressional committees that contains the list required under sub- section (a), including, with respect to each for- eign individual on the list— (A) the name of the individual and a de- scription of the particularly severe violation of religious freedom committed by the indi- vidual; (B) the name of the country or other loca- tion in which such violation took place; and (C) a description of the actions taken pur- suant to this chapter or any other Act or Ex- ecutive order in response to such violation. (2) Submission and updates The Secretary of State shall submit to the appropriate congressional committees— (A) the initial report required under para- graph (1) not later than 180 days after De- cember 16, 2016; and (B) updates to the report every 180 days thereafter and as new information becomes available. (3) Form The report required under paragraph (1) should be submitted in unclassified form but may contain a classified annex. (4) Definition In this subsection, the term ‘‘appropriate congressional committees’’ means— (A) the Committee on Foreign Relations of the Senate; (B) the Committee on Appropriations of the Senate; (C) the Committee on Banking, Housing, and Urban Affairs of the Senate; (D) the Committee on Foreign Affairs of the House of Representatives; (E) the Committee on Appropriations of the House of Representatives; and (F) the Committee on Financial Services of the House of Representatives. (Pub. L. 105–292, title VI, § 605, as added Pub. L. 114–281, title V, § 501(2), Dec. 16, 2016, 130 Stat. 1437.) Editorial Notes REFERENCES IN TEXT This chapter, referred to in subsec. (b)(1)(C), was in the original ‘‘this Act’’, meaning Pub. L. 105–292, Oct. 27, 1998, 112 Stat. 2787, known as the International Reli- gious Freedom Act of 1998, which is classified prin- cipally to this chapter. For complete classification of this Act to the Code, see Short Title note set out under section 6401 of this title and Tables. PRIOR PROVISIONS A prior section 605 of Pub. L. 105–292 was renumbered section 606 and is classified to section 6474 of this title. § 6474. Studies on effect of expedited removal provisions on asylum claims (a) Studies (1) Commission request for participation by ex- perts on refugee and asylum issues If the Commission so requests, the Attorney General shall invite experts designated by the Commission, who are recognized for their ex- pertise and knowledge of refugee and asylum issues, to conduct a study, in cooperation with the Comptroller General of the United States, to determine whether immigration officers de- scribed in paragraph (2) are engaging in any of the conduct described in such paragraph. (2) Duties of Comptroller General The Comptroller General of the United States shall conduct a study alone or, upon re- quest by the Commission, in cooperation with Page 1825 TITLE 22—FOREIGN RELATIONS AND INTERCOURSE § 6482 experts designated by the Commission, to de- termine whether immigration officers per- forming duties under section 1225(b) of title 8 with respect to aliens who may be eligible to be granted asylum are engaging in any of the following conduct: (A) Improperly encouraging such aliens to withdraw their applications for admission. (B) Incorrectly failing to refer such aliens for an interview by an asylum officer for a determination of whether they have a cred- ible fear of persecution (within the meaning of section 1225(b)(1)(B)(v) of title 8). (C) Incorrectly removing such aliens to a country where they may be persecuted. (D) Detaining such aliens improperly or in inappropriate conditions. (b) Reports (1) Participation by experts In the case of a Commission request under subsection (a), the experts designated by the Commission under that subsection may sub- mit a report to the committees described in paragraph (2). Such report may be submitted with the Comptroller General’s report under subsection (a)(2) or independently. (2) Duties of Comptroller General Not later than September 1, 2000, the Comp- troller General of the United States shall sub- mit to the Committees on the Judiciary of the House of Representatives and the Senate, the Committee on International Relations of the House of Representatives, and the Committee on Foreign Relations of the Senate a report containing the results of the study conducted under subsection (a)(2). If the Commission re- quests designated experts to participate with the Comptroller General in the preparation and submission of the report, the Comptroller General shall grant the request. (c) Access to proceedings (1) In general Except as provided in paragraph (2), to fa- cilitate the studies and reports, the Attorney General shall permit the Comptroller General of the United States and, in the case of a Com- mission request under subsection (a), the ex- perts designated under subsection (a) to have unrestricted access to all stages of all pro- ceedings conducted under section 1225(b) of title 8. (2) Exceptions Paragraph (1) shall not apply in cases in which the alien objects to such access, or the Attorney General determines that the security of a particular proceeding would be threatened by such access, so long as any restrictions on the access of experts designated by the Com- mission under subsection (a) do not con- travene international law. (Pub. L. 105–292, title VI, § 606, formerly § 605, Oct. 27, 1998, 112 Stat. 2814; renumbered § 606, Pub. L. 114–281, title V, § 501(1), Dec. 16, 2016, 130 Stat. 1437.) Statutory Notes and Related Subsidiaries CHANGE OF NAME Committee on International Relations of House of Representatives changed to Committee on Foreign Af- fairs of House of Representatives by House Resolution No. 6, One Hundred Tenth Congress, Jan. 5, 2007. SUBCHAPTER V—MISCELLANEOUS PROVISIONS § 6481. Business codes of conduct (a) Congressional finding Congress recognizes the increasing importance of transnational corporations as global actors, and their potential for providing positive leader- ship in their host countries in the area of human rights. (b) Sense of Congress It is the sense of the Congress that transnational corporations operating overseas, particularly those corporations operating in countries the governments of which have en- gaged in or tolerated violations of religious free- dom, as identified in the Annual Report, should adopt codes of conduct— (1) upholding the right to freedom of religion of their employees; and (2) ensuring that a worker’s religious views and peaceful practices of belief in no way af- fect, or be allowed to affect, the status or terms of his or her employment. (Pub. L. 105–292, title VII, § 701, Oct. 27, 1998, 112 Stat. 2815.) § 6482. Voluntary codes of conduct for United States institutions of higher education out- side the United States (a) Finding Congress recognizes the enduring importance of United States institutions of higher edu- cation worldwide— (1) for their potential for shaping positive leadership and new educational models in host countries; and (2) for their emphasis on teaching univer- sally recognized rights of free inquiry and aca- demic freedom. (b) Sense of Congress It is the sense of Congress that United States institutions of higher education operating cam- puses outside the United States or establishing any educational entities with foreign govern- ments, particularly with or in countries the gov- ernments of which engage in or tolerate severe violations of religious freedom as identified in the Annual Report, should seek to adopt a vol- untary code of conduct for operating in such countries that should— (1) uphold the right of freedom of religion of their employees and students, including the right to manifest that religion peacefully as protected in international law; (2) ensure that the religious views and peace- ful practice of religion in no way affect, or be allowed to affect, the status of a worker’s or faculty member’s employment or a student’s enrollment; and (3) make every effort in all negotiations, contracts, or memoranda of understanding en- gaged in or constructed with a foreign govern- ment to protect academic freedom and the rights enshrined in the United Nations Dec- laration of Human Rights.