
From the U.S. Code Online via GPO Access
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[Laws in effect as of January 2, 2001]
[Document not affected by Public Laws enacted between
  January 2, 2001 and January 28, 2002]
[CITE: 22USC6474]

 
               TITLE 22--FOREIGN RELATIONS AND INTERCOURSE
 
               CHAPTER 73--INTERNATIONAL RELIGIOUS FREEDOM
 
          SUBCHAPTER IV--REFUGEE, ASYLUM, AND CONSULAR MATTERS
 
Sec. 6474. Studies on effect of expedited removal provisions on 
        asylum claims
        

(a) Studies

       (1) Commission request for participation by experts 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 
    expertise 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 described 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 request by the Commission, in cooperation with 
    experts designated by the Commission, to determine whether 
    immigration officers performing 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 credible 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) of this 
    section, the experts designated by the Commission under that 
    subsection may submit a report to the committees described in 
    paragraph (2). Such report may be submitted with the Comptroller 
    General's report under subsection (a)(2) of this section or 
    independently.

                  (2) Duties of Comptroller General

        Not later than September 1, 2000, the Comptroller General of the 
    United States shall submit 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) of this 
    section. If the Commission requests 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 facilitate the studies 
    and reports, the Attorney General shall permit the Comptroller 
    General of the United States and, in the case of a Commission 
    request under subsection (a) of this section, the experts designated 
    under subsection (a) of this section to have unrestricted access to 
    all stages of all proceedings 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 Commission under subsection (a) of this section do 
    not contravene international law.

(Pub. L. 105-292, title VI, Sec. 605, Oct. 27, 1998, 112 Stat. 2814.)

                  Section Referred to in Other Sections

    This section is referred to in section 6435a of this title.
