Part 9 (1/2)
SEC. 451. [6 U.S.C. 271] ESTABLISHMENT OF BUREAU OF CITIZENs.h.i.+P 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 Citizens.h.i.+p and Immigration Services''.
(2) Director.--The head of the Bureau of Citizens.h.i.+p and Immigration Services shall be the Director of the Bureau of Citizens.h.i.+p 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 a.s.sistant Secretary of the Bureau of Border Security.
(3) Functions.--The Director of the Bureau of Citizens.h.i.+p 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 Citizens.h.i.+p 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 Citizens.h.i.+p 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 cla.s.sified, in accordance with chapter 51 of t.i.tle 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 Citizens.h.i.+p 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 t.i.tle XV (relating to transition provisions), there are transferred from the Commissioner of Immigration and Naturalization to the Director of the Bureau of Citizens.h.i.+p 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 pet.i.tions.
(2) Adjudications of naturalization pet.i.tions.
(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 Citizens.h.i.+p and Immigration Services.
(2) Functions.--In consultation with Bureau of Citizens.h.i.+p 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 a.n.a.lysis 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 princ.i.p.al legal advisor to the Director of the Bureau of Citizens.h.i.+p and Immigration Services.
(2) Functions.--The legal advisor shall be responsible for-- (A) providing specialized legal advice, opinions, determinations, regulations, and any other a.s.sistance to the Director of the Bureau of Citizens.h.i.+p and Immigration Services with respect to legal matters affecting the Bureau of Citizens.h.i.+p and Immigration Services; and (B) representing the Bureau of Citizens.h.i.+p and Immigration Services in visa pet.i.tion 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 Citizens.h.i.+p 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 Citizens.h.i.+p and Immigration Services; (ii) financial management of the Bureau of Citizens.h.i.+p and Immigration Services; and (iii) collecting all payments, fines, and other debts for the Bureau of Citizens.h.i.+p and Immigration Services.
(f) Chief of Office of Citizens.h.i.+p.-- (1) In general.--There shall be a position of Chief of the Office of Citizens.h.i.+p for the Bureau of Citizens.h.i.+p and Immigration Services.
(2) Functions.--The Chief of the Office of Citizens.h.i.+p for the Bureau of Citizens.h.i.+p and Immigration Services shall be responsible for promoting instruction and training on citizens.h.i.+p 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.-- --------------------------------------------------------------------------- 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.
--------------------------------------------------------------------------- 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]
--------------------------------------------------------------------------- (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 a.s.sist 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 citizens.h.i.+p 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] CITIZENs.h.i.+P AND IMMIGRATION SERVICEs...o...b..DSMAN.
(a) In General.--Within the Department, there shall be a position of Citizens.h.i.+p and Immigration Services...o...b..dsman (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 a.s.sist individuals and employers in resolving problems with the Bureau of Citizens.h.i.+p and Immigration Services; (2) to identify areas in which individuals and employers have problems in dealing with the Bureau of Citizens.h.i.+p and Immigration Services; and (3) to the extent possible, to propose changes in the administrative practices of the Bureau of Citizens.h.i.+p 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 a.n.a.lysis, 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 Citizens.h.i.+p 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 Citizens.h.i.+p 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 pet.i.tions 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 Citizens.h.i.+p 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 Citizens.h.i.+p 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 Citizens.h.i.+p 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 Citizens.h.i.+p and Immigration Services in carrying out the Ombudsman's responsibilities under this subsection.
(f) Responsibilities of Bureau of Citizens.h.i.+p and Immigration Services.--The Director of the Bureau of Citizens.h.i.+p 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 Citizens.h.i.+p 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 a.s.sistance 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 Citizens.h.i.+p 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 Citizens.h.i.+p and Immigration Services, or any component of the Bureau of Citizens.h.i.+p and Immigration Services.
SEC. 453. [6 U.S.C. 273] PROFESSIONAL RESPONSIBILITY AND QUALITY REVIEW.