§ 6472. — Reform of refugee policy.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 22USC6472]
TITLE 22--FOREIGN RELATIONS AND INTERCOURSE
CHAPTER 73--INTERNATIONAL RELIGIOUS FREEDOM
SUBCHAPTER IV--REFUGEE, ASYLUM, AND CONSULAR MATTERS
Sec. 6472. Reform of refugee policy
(a), (b) Omitted
(c) Guidelines for refugee-processing posts
(1) Guidelines for addressing hostile biases
The Attorney General and the Secretary of State shall develop
and implement guidelines that address potential biases in personnel
of the Immigration and Naturalization Service and of the Department
of State that are hired abroad and involved with duties which could
constitute an effective barrier to a refugee claim if such personnel
carries a bias against the claimant on the grounds of religion,
race, nationality, membership in a particular social group, or
political opinion. The subject matter of this training should be
culturally sensitive and tailored to provide a nonbiased,
nonadversarial atmosphere for the purpose of refugee adjudications.
(2) Guidelines for refugee-processing posts in establishing
agreements with United States Government-designated
refugee processing entities
The Attorney General and the Secretary of State shall develop
and implement guidelines to ensure uniform procedures for
establishing agreements with United States Government-designated
refugee processing entities and personnel, and uniform procedures
for such entities and personnel responsible for preparing refugee
case files for use by the Immigration and Naturalization Service
during refugee adjudications. These procedures should ensure, to the
extent practicable, that case files prepared by such entities
accurately reflect information provided by the refugee applicants
and that genuine refugee applicants are not disadvantaged or denied
refugee status due to faulty case file preparation.
(3) Guidelines for preventing persons with potential biases
from participating in determinations
Not later than 120 days after November 29, 1999, the Secretary
of State (after consultation with the Attorney General) shall issue
guidelines to ensure that persons with potential biases against any
refugee applicant, including persons employed by, or otherwise
subject to influence by, governments known to be involved in
persecution on account of religion, race, nationality, membership in
a particular social group, or political opinion, shall not in any
way be used in processing determinations of refugee status,
including interpretation of conversations or examination of
documents presented by such applicants.
(d) Annual consultation
The President shall include in each annual report on proposed
refugee admissions under section 1157(d) of title 8 information about
religious persecution of refugee populations eligible for consideration
for admission to the United States. The Secretary of State shall include
information on religious persecution of refugee populations in the
formal testimony presented to the Committees on the Judiciary of the
House of Representatives and the Senate during the consultation process
under section 1157(e) of title 8.
(Pub. L. 105-292, title VI, Sec. 602, Oct. 27, 1998, 112 Stat. 2812;
Pub. L. 106-113, div. B, Sec. 1000(a)(7) [div. A, title II, Sec. 253],
Nov. 29, 1999, 113 Stat. 1536, 1501A-432.)
Codification
Section is comprised of section 602 of Pub. L. 105-292. Subsec. (a)
of section 602 of Pub. L. 105-292 amended section 1157 of Title 8,
Aliens and Nationality. Subsec. (b) of section 602 of Pub. L. 105-292
amended section 4028 of this title.
Amendments
1999--Subsec. (c)(1). Pub. L. 106-113, Sec. 1000(a)(7) [div. A,
title II, Sec. 253(a)], inserted ``and of the Department of State''
after ``Service''.
Subsec. (c)(3). Pub. L. 106-113, Sec. 1000(a)(7) [div. A, title II,
Sec. 253(b)], added par. (3).
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.
Section Referred to in Other Sections
This section is referred to in section 6412 of this title.
