Subtitle E--Citizenship and Immigration Services

SEC. 451. [6 U.S.C. 271] ESTABLISHMENT OF BUREAU OF CITIZENSHIP AND

IMMIGRATION SERVICES.

(a) Establishment of Bureau.--

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

bureau to be known as the ``Bureau of Citizenship and

Immigration Services''.

(2) Director.--The head of the Bureau of

Citizenship and Immigration Services shall be the

Director of the Bureau of Citizenship and Immigration

Services, who--

(A) shall report directly to the Deputy

Secretary;

(B) shall have a minimum of 5 years of

management experience; and

(C) shall be paid at the same level as the

Assistant Secretary of the Bureau of Border

Security.

(3) Functions.--The Director of the Bureau of

Citizenship and Immigration Services--

(A) shall establish the policies for

performing such functions as are transferred to

the Director by this section or this Act or

otherwise vested in the Director by law;

(B) shall oversee the administration of

such policies;

(C) shall advise the Deputy Secretary with

respect to any policy or operation of the

Bureau of Citizenship and Immigration Services

that may affect the Bureau of Border Security

of the Department, including potentially

conflicting policies or operations;

(D) shall establish national immigration

services policies and priorities;

(E) shall meet regularly with the Ombudsman

described in section 452 to correct serious

service problems identified by the Ombudsman;

and

(F) shall establish procedures requiring a

formal response to any recommendations

submitted in the Ombudsman's annual report to

Congress within 3 months after its submission

to Congress.

(4) Managerial rotation program.--

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

after the effective date specified in section

455, the Director of the Bureau of Citizenship

and Immigration Services 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 field

office and one service center of such

bureau.

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

the effective date specified in section 455,

the Secretary shall submit a report to Congress

on the implementation of such program.

(5) Pilot initiatives for backlog elimination.--The

Director of the Bureau of Citizenship and Immigration

Services is authorized to implement innovative pilot

initiatives to eliminate any remaining backlog in the

processing of immigration benefit applications, and to

prevent any backlog in the processing of such

applications from recurring, in accordance with section

204(a) of the Immigration Services and Infrastructure

Improvements Act of 2000 (8 U.S.C. 1573(a)). Such

initiatives may include measures such as increasing

personnel, transferring personnel to focus on areas

with the largest potential for backlog, and

streamlining paperwork.

(b) Transfer of Functions From Commissioner.--In accordance

with title XV (relating to transition provisions), there are

transferred from the Commissioner of Immigration and

Naturalization to the Director of the Bureau of Citizenship and

Immigration Services the following functions, and all

personnel, infrastructure, and funding provided to the

Commissioner in support of such functions immediately before

the effective date specified in section 455:

(1) Adjudications of immigrant visa petitions.

(2) Adjudications of naturalization petitions.

(3) Adjudications of asylum and refugee

applications.

(4) Adjudications performed at service centers.

(5) All other adjudications performed by the

Immigration and Naturalization Service immediately

before the effective date specified in section 455.

(c) Chief of Policy and Strategy.--

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

of Policy and Strategy for the Bureau of Citizenship

and Immigration Services.

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

Citizenship and Immigration Services personnel in field

offices, the Chief of Policy and Strategy shall be

responsible for--

(A) making policy recommendations and

performing policy research and analysis on

immigration services issues; and

(B) coordinating immigration policy issues

with the Chief of Policy and Strategy for the

Bureau of Border Security of the Department.

(d) Legal Advisor.--

(1) In general.--There shall be a principal legal

advisor to the Director of the Bureau of Citizenship

and Immigration Services.

(2) Functions.--The legal advisor shall be

responsible for--

(A) providing specialized legal advice,

opinions, determinations, regulations, and any

other assistance to the Director of the Bureau

of Citizenship and Immigration Services with

respect to legal matters affecting the Bureau

of Citizenship and Immigration Services; and

(B) representing the Bureau of Citizenship

and Immigration Services in visa petition

appeal proceedings before the Executive Office

for Immigration Review.

(e) Budget Officer.--

(1) In general.--There shall be a Budget Officer

for the Bureau of Citizenship and Immigration Services.

(2) Functions.--

(A) In general.--The Budget Officer shall

be responsible for--

(i) formulating and executing the

budget of the Bureau of Citizenship and

Immigration Services;

(ii) financial management of the

Bureau of Citizenship and Immigration

Services; and

(iii) collecting all payments,

fines, and other debts for the Bureau

of Citizenship and Immigration

Services.

(f) Chief of Office of Citizenship.--

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

of the Office of Citizenship for the Bureau of

Citizenship and Immigration Services.

(2) Functions.--The Chief of the Office of

Citizenship for the Bureau of Citizenship and

Immigration Services shall be responsible for promoting

instruction and training on citizenship

responsibilities for aliens interested in becoming

naturalized citizens of the United States, including

the development of educational materials.

(g) \1\ Office of the FBI Liaison.--

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\1\ Subsection (g) of section 451 was added by section 2(a) of

Public Law 110-382. Section 4 of such Public Law provides:

SEC. 4. SUNSET PROVISION.

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This Act and the amendments made by this Act are repealed on the

date that is 5 years after the date of the enactment of this Act.

[enactment date is October 9, 2008]

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(1) In general.--There shall be an Office of the

FBI Liaison in the Department of Homeland Security.

(2) Functions.--The Office of the FBI Liaison shall

monitor the progress of the functions of the Federal

Bureau of Investigation in the naturalization process

to assist in the expeditious completion of all such

functions pertaining to naturalization applications

filed by, or on behalf of--

(A) current or former members of the Armed

Forces under section 328 or 329 of the

Immigration and Nationality Act (8 U.S.C. 1439

and 1440);

(B) current spouses of United States

citizens who are currently serving on active

duty in the Armed Forces, who qualify for

naturalization under section 319(b) of the

Immigration and Nationality Act (8 U.S.C.

1430(b)), and surviving spouses and children

who qualify for naturalization under section

319(d) of such Act; or

(C) a deceased individual who is eligible

for posthumous citizenship under section 329A

of the Immigration and Nationality Act (8

U.S.C. 1440-1).

(3) Authorization of appropriations.--There are

authorized to be appropriated such sums as may be

necessary to carry out this subsection.

SEC. 452. [6 U.S.C. 272] CITIZENSHIP AND IMMIGRATION SERVICES

OMBUDSMAN.

(a) In General.--Within the Department, there shall be a

position of Citizenship and Immigration Services Ombudsman (in

this section referred to as the ``Ombudsman''). The Ombudsman

shall report directly to the Deputy Secretary. The Ombudsman

shall have a background in customer service as well as

immigration law.

(b) Functions.--It shall be the function of the Ombudsman--

(1) to assist individuals and employers in

resolving problems with the Bureau of Citizenship and

Immigration Services;

(2) to identify areas in which individuals and

employers have problems in dealing with the Bureau of

Citizenship and Immigration Services; and

(3) to the extent possible, to propose changes in

the administrative practices of the Bureau of

Citizenship and Immigration Services to mitigate

problems identified under paragraph (2).

(c) Annual Reports.--

(1) Objectives.--Not later than June 30 of each

calendar year, the Ombudsman shall report to the

Committee on the Judiciary of the House of

Representatives and the Senate on the objectives of the

Office of the Ombudsman for the fiscal year beginning

in such calendar year. Any such report shall contain

full and substantive analysis, in addition to

statistical information, and--

(A) shall identify the recommendations the

Office of the Ombudsman has made on improving

services and responsiveness of the Bureau of

Citizenship and Immigration Services;

(B) shall contain a summary of the most

pervasive and serious problems encountered by

individuals and employers, including a

description of the nature of such problems;

(C) shall contain an inventory of the items

described in subparagraphs (A) and (B) for

which action has been taken and the result of

such action;

(D) shall contain an inventory of the items

described in subparagraphs (A) and (B) for

which action remains to be completed and the

period during which each item has remained on

such inventory;

(E) shall contain an inventory of the items

described in subparagraphs (A) and (B) for

which no action has been taken, the period

during which each item has remained on such

inventory, the reasons for the inaction, and

shall identify any official of the Bureau of

Citizenship and Immigration Services who is

responsible for such inaction;

(F) shall contain recommendations for such

administrative action as may be appropriate to

resolve problems encountered by individuals and

employers, including problems created by

excessive backlogs in the adjudication and

processing of immigration benefit petitions and

applications; and

(G) shall include such other information as

the Ombudsman may deem advisable.

(2) Report to be submitted directly.--Each report

required under this subsection shall be provided

directly to the committees described in paragraph (1)

without any prior comment or amendment from the

Secretary, Deputy Secretary, Director of the Bureau of

Citizenship and Immigration Services, or any other

officer or employee of the Department or the Office of

Management and Budget.

(d) Other Responsibilities.--The Ombudsman--

(1) shall monitor the coverage and geographic

allocation of local offices of the Ombudsman;

(2) shall develop guidance to be distributed to all

officers and employees of the Bureau of Citizenship and

Immigration Services outlining the criteria for

referral of inquiries to local offices of the

Ombudsman;

(3) shall ensure that the local telephone number

for each local office of the Ombudsman is published and

available to individuals and employers served by the

office; and

(4) shall meet regularly with the Director of the

Bureau of Citizenship and Immigration Services to

identify serious service problems and to present

recommendations for such administrative action as may

be appropriate to resolve problems encountered by

individuals and employers.

(e) Personnel Actions.--

(1) In general.--The Ombudsman shall have the

responsibility and authority--

(A) to appoint local ombudsmen and make

available at least 1 such ombudsman for each

State; and

(B) to evaluate and take personnel actions

(including dismissal) with respect to any

employee of any local office of the Ombudsman.

(2) Consultation.--The Ombudsman may consult with

the appropriate supervisory personnel of the Bureau of

Citizenship and Immigration Services in carrying out

the Ombudsman's responsibilities under this subsection.

(f) Responsibilities of Bureau of Citizenship and

Immigration Services.--The Director of the Bureau of

Citizenship and Immigration Services shall establish procedures

requiring a formal response to all recommendations submitted to

such director by the Ombudsman within 3 months after submission

to such director.

(g) Operation of Local Offices.--

(1) In general.--Each local ombudsman--

(A) shall report to the Ombudsman or the

delegate thereof;

(B) may consult with the appropriate

supervisory personnel of the Bureau of

Citizenship and Immigration Services regarding

the daily operation of the local office of such

ombudsman;

(C) shall, at the initial meeting with any

individual or employer seeking the assistance

of such local office, notify such individual or

employer that the local offices of the

Ombudsman operate independently of any other

component of the Department and report directly

to Congress through the Ombudsman; and

(D) at the local ombudsman's discretion,

may determine not to disclose to the Bureau of

Citizenship and Immigration Services contact

with, or information provided by, such

individual or employer.

(2) Maintenance of independent communications.--

Each local office of the Ombudsman shall maintain a

phone, facsimile, and other means of electronic

communication access, and a post office address, that

is separate from those maintained by the Bureau of

Citizenship and Immigration Services, or any component

of the Bureau of Citizenship and Immigration Services.

SEC. 453. [6 U.S.C. 273] PROFESSIONAL RESPONSIBILITY AND QUALITY

REVIEW.

(a) In General.--The Director of the Bureau of Citizenship

and Immigration Services shall be responsible for--

(1) conducting investigations of noncriminal

allegations of misconduct, corruption, and fraud

involving any employee of the Bureau of Citizenship and

Immigration Services that are not subject to

investigation by the Inspector General for the

Department;

(2) inspecting the operations of the Bureau of

Citizenship and Immigration Services 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 Citizenship and Immigration Services.

(b) Special Considerations.--In providing assessments in

accordance with subsection (a)(2) with respect to a decision of

the Bureau of Citizenship and Immigration Services, or any of

its components, consideration shall be given to--

(1) the accuracy of the findings of fact and

conclusions of law used in rendering the decision;

(2) any fraud or misrepresentation associated with

the decision; and

(3) the efficiency with which the decision was

rendered.

Homeland Security Act of 2002 Updated Through October 14, 2008 · 第 113 / 282 题