(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.