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.