§ 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, § 605, Oct. 27, 1998, 112 Stat. 2814.)

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