22 U.S.C. § 6481 — Business codes of conduct

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.