SEC. 442. [6 U.S.C. 252] ESTABLISHMENT OF BUREAU OF BORDER SECURITY.

(a) Establishment of Bureau.--

(1) In general.--There shall be in the Department

of Homeland Security a bureau to be known as the

``Bureau of Border Security''.

(2) Assistant secretary.--The head of the Bureau of

Border Security shall be the Assistant Secretary of the

Bureau of Border Security, who--

(A) shall report directly to the Under

Secretary for Border and Transportation

Security; and

(B) shall have a minimum of 5 years

professional experience in law enforcement, and

a minimum of 5 years of management experience.

(3) Functions.--The Assistant Secretary of the

Bureau of Border Security--

(A) shall establish the policies for

performing such functions as are--

(i) transferred to the Under

Secretary for Border and Transportation

Security by section 441 and delegated

to the Assistant Secretary by the Under

Secretary for Border and Transportation

Security; or

(ii) otherwise vested in the

Assistant Secretary by law;

(B) shall oversee the administration of

such policies; and

(C) shall advise the Under Secretary for

Border and Transportation Security with respect

to any policy or operation of the Bureau of

Border Security that may affect the Bureau of

Citizenship and Immigration Services

established under subtitle E, including

potentially conflicting policies or operations.

(4) Program to collect information relating to

foreign students.--The Assistant Secretary of the

Bureau of Border Security shall be responsible for

administering the program to collect information

relating to nonimmigrant foreign students and other

exchange program participants described in section 641

of the Illegal Immigration Reform and Immigrant

Responsibility Act of 1996 (8 U.S.C. 1372), including

the Student and Exchange Visitor Information System

established under that section, and shall use such

information to carry out the enforcement functions of

the Bureau.

(5) Managerial rotation program.--

(A) In general.--Not later than 1 year

after the date on which the transfer of

functions specified under section 441 takes

effect, the Assistant Secretary of the Bureau

of Border Security shall design and implement a

managerial rotation program under which

employees of such bureau holding positions

involving supervisory or managerial

responsibility and classified, in accordance

with chapter 51 of title 5, United States Code,

as a GS-14 or above, shall--

(i) gain some experience in all the

major functions performed by such

bureau; and

(ii) work in at least one local

office of such bureau.

(B) Report.--Not later than 2 years after

the date on which the transfer of functions

specified under section 441 takes effect, the

Secretary shall submit a report to the Congress

on the implementation of such program.

(b) Chief of Policy and Strategy.--

(1) In general.--There shall be a position of Chief

of Policy and Strategy for the Bureau of Border

Security.

(2) Functions.--In consultation with Bureau of

Border Security personnel in local offices, the Chief

of Policy and Strategy shall be responsible for--

(A) making policy recommendations and

performing policy research and analysis on

immigration enforcement issues; and

(B) coordinating immigration policy issues

with the Chief of Policy and Strategy for the

Bureau of Citizenship and Immigration Services

(established under subtitle E), as appropriate.

(c) Legal Advisor.--There shall be a principal legal

advisor to the Assistant Secretary of the Bureau of Border

Security. The legal advisor shall provide specialized legal

advice to the Assistant Secretary of the Bureau of Border

Security and shall represent the bureau in all exclusion,

deportation, and removal proceedings before the Executive

Office for Immigration Review.

SEC. 443. [6 U.S.C. 253] PROFESSIONAL RESPONSIBILITY AND QUALITY

REVIEW.

The Under Secretary for Border and Transportation Security

shall be responsible for--

(1) conducting investigations of noncriminal

allegations of misconduct, corruption, and fraud

involving any employee of the Bureau of Border Security

that are not subject to investigation by the Inspector

General for the Department;

(2) inspecting the operations of the Bureau of

Border Security and providing assessments of the

quality of the operations of such bureau as a whole and

each of its components; and

(3) providing an analysis of the management of the

Bureau of Border Security.

Homeland Security Act of 2002 Updated Through October 14, 2008 · 第 110 / 282 题