Part E - Citizenship and Immigration Services

6 USC 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 chapter 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 272 of this title to correct serious service problems identified by the Ombudsman; and
(F) shall establish procedures requiring a formal response to any recommendations submitted in the Ombudsmans 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 455,1 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, as a GS14 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 455,1 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 1573 (a) of title 8. 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 subchapter XII of this chapter (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]
(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.[1]
(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) Office of the FBI liaison 

(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 1439 or 1440 of title 8;
(B) current spouses of United States citizens who are currently serving on active duty in the Armed Forces, who qualify for naturalization under section 1430 (b) of title 8, and surviving spouses and children who qualify for naturalization under section 1430 (d) of title 8; or
(C) a deceased individual who is eligible for posthumous citizenship under section 1440–1 of title 8.
(3) Authorization of appropriations 
There are authorized to be appropriated such sums as may be necessary to carry out this subsection.
[1] See References in Text note below.

6 USC 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 Ombudsmans 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 ombudsmans 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.

6 USC 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) of this section 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.

6 USC 274 - Employee discipline

The Director of the Bureau of Citizenship and Immigration Services may, notwithstanding any other provision of law, impose disciplinary action, including termination of employment, pursuant to policies and procedures applicable to employees of the Federal Bureau of Investigation, on any employee of the Bureau of Citizenship and Immigration Services who willfully deceives Congress or agency leadership on any matter.

6 USC 275 - Transition

(a) References 
With respect to any function transferred by this part to, and exercised on or after the effective date specified in section 4551 by, the Director of the Bureau of Citizenship and Immigration Services, any reference in any other Federal law, Executive order, rule, regulation, or delegation of authority, or any document of or pertaining to a component of government from which such function is transferred
(1) to the head of such component is deemed to refer to the Director of the Bureau of Citizenship and Immigration Services; or
(2) to such component is deemed to refer to the Bureau of Citizenship and Immigration Services.
(b) Other transition issues 

(1) Exercise of authorities 
Except as otherwise provided by law, a Federal official to whom a function is transferred by this part may, for purposes of performing the function, exercise all authorities under any other provision of law that were available with respect to the performance of that function to the official responsible for the performance of the function immediately before the effective date specified in section 455.[1]
(2) Transfer and allocation of appropriations and personnel 
The personnel of the Department of Justice employed in connection with the functions transferred by this part (and functions that the Secretary determines are properly related to the functions of the Bureau of Citizenship and Immigration Services), and the assets, liabilities, contracts, property, records, and unexpended balance of appropriations, authorizations, allocations, and other funds employed, held, used, arising from, available to, or to be made available to, the Immigration and Naturalization Service in connection with the functions transferred by this part, subject to section 1531 of title 31, shall be transferred to the Director of the Bureau of Citizenship and Immigration Services for allocation to the appropriate component of the Department. Unexpended funds transferred pursuant to this paragraph shall be used only for the purposes for which the funds were originally authorized and appropriated. The Secretary shall have the right to adjust or realign transfers of funds and personnel effected pursuant to this part for a period of 2 years after the effective date specified in section 455.[1]
[1] See References in Text note below.

6 USC 276 - Report on improving immigration services

(a) In general 
The Secretary, not later than 1 year after the effective date of this chapter, shall submit to the Committees on the Judiciary and Appropriations of the House of Representatives and of the Senate a report with a plan detailing how the Bureau of Citizenship and Immigration Services, after the transfer of functions specified in this part takes effect, will complete efficiently, fairly, and within a reasonable time, the adjudications described in paragraphs (1) through (5) of section 271 (b) of this title.
(b) Contents 
For each type of adjudication to be undertaken by the Director of the Bureau of Citizenship and Immigration Services, the report shall include the following:
(1) Any potential savings of resources that may be implemented without affecting the quality of the adjudication.
(2) The goal for processing time with respect to the application.
(3) Any statutory modifications with respect to the adjudication that the Secretary considers advisable.
(c) Consultation 
In carrying out subsection (a) of this section, the Secretary shall consult with the Secretary of State, the Secretary of Labor, the Assistant Secretary of the Bureau of Border Security of the Department, and the Director of the Executive Office for Immigration Review to determine how to streamline and improve the process for applying for and making adjudications described in section 271 (b) of this title and related processes.

6 USC 277 - Report on responding to fluctuating needs

Not later than 30 days after November 25, 2002, the Attorney General shall submit to Congress a report on changes in law, including changes in authorizations of appropriations and in appropriations, that are needed to permit the Immigration and Naturalization Service, and, after the transfer of functions specified in this part takes effect, the Bureau of Citizenship and Immigration Services of the Department, to ensure a prompt and timely response to emergent, unforeseen, or impending changes in the number of applications for immigration benefits, and otherwise to ensure the accommodation of changing immigration service needs.

6 USC 278 - Application of Internet-based technologies

(a) Establishment of tracking system 
The Secretary, not later than 1 year after the effective date of this chapter, in consultation with the Technology Advisory Committee established under subsection (c) of this section, shall establish an Internet-based system, that will permit a person, employer, immigrant, or nonimmigrant who has filings with the Secretary for any benefit under the Immigration and Nationality Act (8 U.S.C. 1101 et seq.), access to online information about the processing status of the filing involved.
(b) Feasibility study for online filing and improved processing 

(1) Online filing 
The Secretary, in consultation with the Technology Advisory Committee established under subsection (c) of this section, shall conduct a feasibility study on the online filing of the filings described in subsection (a) of this section. The study shall include a review of computerization and technology of the Immigration and Naturalization Service relating to the immigration services and processing of filings related to immigrant services. The study shall also include an estimate of the timeframe and cost and shall consider other factors in implementing such a filing system, including the feasibility of fee payment online.
(2) Report 
A report on the study under this subsection shall be submitted to the Committees on the Judiciary of the House of Representatives and the Senate not later than 1 year after the effective date of this chapter.
(c) Technology Advisory Committee 

(1) Establishment 
The Secretary shall establish, not later than 60 days after the effective date of this chapter, an advisory committee (in this section referred to as the Technology Advisory Committee) to assist the Secretary in
(A) establishing the tracking system under subsection (a) of this section; and
(B) conducting the study under subsection (b) of this section.

The Technology Advisory Committee shall be established after consultation with the Committees on the Judiciary of the House of Representatives and the Senate.

(2) Composition 
The Technology Advisory Committee shall be composed of representatives from high technology companies capable of establishing and implementing the system in an expeditious manner, and representatives of persons who may use the tracking system described in subsection (a) of this section and the online filing system described in subsection (b)(1) of this section.

6 USC 279 - Childrens affairs

(a) Transfer of functions 
There are transferred to the Director of the Office of Refugee Resettlement of the Department of Health and Human Services functions under the immigration laws of the United States with respect to the care of unaccompanied alien children that were vested by statute in, or performed by, the Commissioner of Immigration and Naturalization (or any officer, employee, or component of the Immigration and Naturalization Service) immediately before the effective date specified in subsection (d) of this section.
(b) Functions 

(1) In general 
Pursuant to the transfer made by subsection (a) of this section, the Director of the Office of Refugee Resettlement shall be responsible for
(A) coordinating and implementing the care and placement of unaccompanied alien children who are in Federal custody by reason of their immigration status, including developing a plan to be submitted to Congress on how to ensure that qualified and independent legal counsel is timely appointed to represent the interests of each such child, consistent with the law regarding appointment of counsel that is in effect on November 25, 2002;
(B) ensuring that the interests of the child are considered in decisions and actions relating to the care and custody of an unaccompanied alien child;
(C) making placement determinations for all unaccompanied alien children who are in Federal custody by reason of their immigration status;
(D) implementing the placement determinations;
(E) implementing policies with respect to the care and placement of unaccompanied alien children;
(F) identifying a sufficient number of qualified individuals, entities, and facilities to house unaccompanied alien children;
(G) overseeing the infrastructure and personnel of facilities in which unaccompanied alien children reside;
(H) reuniting unaccompanied alien children with a parent abroad in appropriate cases;
(I) compiling, updating, and publishing at least annually a state-by-state list of professionals or other entities qualified to provide guardian and attorney representation services for unaccompanied alien children;
(J) maintaining statistical information and other data on unaccompanied alien children for whose care and placement the Director is responsible, which shall include
(i) biographical information, such as a childs name, gender, date of birth, country of birth, and country of habitual residence;
(ii) the date on which the child came into Federal custody by reason of his or her immigration status;
(iii) information relating to the childs placement, removal, or release from each facility in which the child has resided;
(iv) in any case in which the child is placed in detention or released, an explanation relating to the detention or release; and
(v) the disposition of any actions in which the child is the subject;
(K) collecting and compiling statistical information from the Department of Justice, the Department of Homeland Security, and the Department of State on each departments actions relating to unaccompanied alien children; and
(L) conducting investigations and inspections of facilities and other entities in which unaccompanied alien children reside, including regular follow-up visits to such facilities, placements, and other entities, to assess the continued suitability of such placements.
(2) Coordination with other entities; no release on own recognizance 
In making determinations described in paragraph (1)(C), the Director of the Office of Refugee Resettlement
(A) shall consult with appropriate juvenile justice professionals, the Director of the Bureau of Citizenship and Immigration Services, and the Assistant Secretary of the Bureau of Border Security to ensure that such determinations ensure that unaccompanied alien children described in such subparagraph
(i) are likely to appear for all hearings or proceedings in which they are involved;
(ii) are protected from smugglers, traffickers, or others who might seek to victimize or otherwise engage them in criminal, harmful, or exploitive activity; and
(iii) are placed in a setting in which they are not likely to pose a danger to themselves or others; and
(B) shall not release such children upon their own recognizance.
(3) Duties with respect to foster care 
In carrying out the duties described in paragraph (1), the Director of the Office of Refugee Resettlement is encouraged to use the refugee children foster care system established pursuant to section 412(d) of the Immigration and Nationality Act (8 U.S.C. 1522 (d)) for the placement of unaccompanied alien children.
(4) Rule of construction 
Nothing in paragraph (2)(B) may be construed to require that a bond be posted for an unaccompanied alien child who is released to a qualified sponsor.
(c) Rule of construction 
Nothing in this section may be construed to transfer the responsibility for adjudicating benefit determinations under the Immigration and Nationality Act (8 U.S.C. 1101 et seq.) from the authority of any official of the Department of Justice, the Department of Homeland Security, or the Department of State.
(d) Effective date 
Notwithstanding section 4,1 this section shall take effect on the date on which the transfer of functions specified under section 251 of this title takes effect.
(e) References 
With respect to any function transferred by this section, any reference in any other Federal law, Executive order, rule, regulation, or delegation of authority, or any document of or pertaining to a component of government from which such function is transferred
(1) to the head of such component is deemed to refer to the Director of the Office of Refugee Resettlement; or
(2) to such component is deemed to refer to the Office of Refugee Resettlement of the Department of Health and Human Services.
(f) Other transition issues 

(1) Exercise of authorities 
Except as otherwise provided by law, a Federal official to whom a function is transferred by this section may, for purposes of performing the function, exercise all authorities under any other provision of law that were available with respect to the performance of that function to the official responsible for the performance of the function immediately before the effective date specified in subsection (d) of this section.
(2) Savings provisions 
Subsections (a), (b), and (c) of section 552 of this title shall apply to a transfer of functions under this section in the same manner as such provisions apply to a transfer of functions under this chapter to the Department of Homeland Security.
(3) Transfer and allocation of appropriations and personnel 
The personnel of the Department of Justice employed in connection with the functions transferred by this section, and the assets, liabilities, contracts, property, records, and unexpended balance of appropriations, authorizations, allocations, and other funds employed, held, used, arising from, available to, or to be made available to, the Immigration and Naturalization Service in connection with the functions transferred by this section, subject to section 1531 of title 31, shall be transferred to the Director of the Office of Refugee Resettlement for allocation to the appropriate component of the Department of Health and Human Services. Unexpended funds transferred pursuant to this paragraph shall be used only for the purposes for which the funds were originally authorized and appropriated.
(g) Definitions 
As used in this section
(1) the term placement means the placement of an unaccompanied alien child in either a detention facility or an alternative to such a facility; and
(2) the term unaccompanied alien child means a child who
(A) has no lawful immigration status in the United States;
(B) has not attained 18 years of age; and
(C) with respect to whom
(i) there is no parent or legal guardian in the United States; or
(ii) no parent or legal guardian in the United States is available to provide care and physical custody.
[1] See References in Text note below.