H. R. 5005—61
Executive Office for Immigration Review, and the heads of State
and local law enforcement agencies to determine how to most effec-
tively conduct enforcement operations.
SEC. 446. SENSE OF CONGRESS REGARDING CONSTRUCTION OF
FENCING NEAR SAN DIEGO, CALIFORNIA.
It is the sense of the Congress that completing the 14-mile
border fence project required to be carried out under section 102(b)
of the Illegal Immigration Reform and Immigrant Responsibility
Act of 1996 (8 U.S.C. 1103 note) should be a priority for the
Secretary.
Subtitle E—Citizenship and Immigration
Services
SEC. 451. ESTABLISHMENT OF BUREAU OF CITIZENSHIP AND IMMIGRA-
TION 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 Immigra-
tion 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 poli-
cies 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 effec-
tive 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
H. R. 5005—62
employees of such bureau holding positions involving super-
visory or managerial responsibility and classified, in accord-
ance 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 pro-
gram.
(5) PILOT
INITIATIVES
FOR
BACKLOG
ELIMINATION.—The
Director of the Bureau of Citizenship and Immigration Services
is authorized to implement innovative pilot initiatives to elimi-
nate any remaining backlog in the processing of immigration
benefit applications, and to prevent any backlog in the proc-
essing 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, transfer-
ring personnel to focus on areas with the largest potential
for backlog, and streamlining paperwork.
(b) TRANSFER OF FUNCTIONS FROM COMMISSIONER.—In accord-
ance with title XV (relating to transition provisions), there are
transferred from the Commissioner of Immigration and Naturaliza-
tion 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 func-
tions 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 Immigra-
tion 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—
H. R. 5005—63
(A) providing specialized legal advice, opinions, deter-
minations, 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 respon-
sible for—
(i) formulating and executing the budget of the
Bureau of Citizenship and Immigration Services;
(ii) financial management of the Bureau of Citizen-
ship and Immigration Services; and
(iii) collecting all payments, fines, and other debts
for the Bureau of Citizenship and Immigration Serv-
ices.
(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 citizen-
ship responsibilities for aliens interested in becoming natural-
ized citizens of the United States, including the development
of educational materials.
SEC. 452. 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 prob-
lems 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—
H. R. 5005—64
(A) shall identify the recommendations the Office of
the Ombudsman has made on improving services and
responsiveness of the Bureau of Citizenship and Immigra-
tion 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 inac-
tion;
(F) shall contain recommendations for such administra-
tive action as may be appropriate to resolve problems
encountered by individuals and employers, including prob-
lems created by excessive backlogs in the adjudication and
processing of immigration benefit petitions and applica-
tions; 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 responsi-
bility and authority—
(A) to appoint local ombudsmen and make available
at least 1 such ombudsman for each State; and
H. R. 5005—65
(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 Citizen-
ship and Immigration Services in carrying out the Ombuds-
man’s responsibilities under this subsection.
(f) RESPONSIBILITIES OF BUREAU OF CITIZENSHIP AND IMMIGRA-
TION 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 per-
sonnel of the Bureau of Citizenship and Immigration Serv-
ices 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 Con-
gress through the Ombudsman; and
(D) at the local ombudsman’s discretion, may determine
not to disclose to the Bureau of Citizenship and Immigra-
tion 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 main-
tained by the Bureau of Citizenship and Immigration Services,
or any component of the Bureau of Citizenship and Immigration
Services.
SEC. 453. 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—
H. R. 5005—66
(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.
SEC. 454. 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 Citizen-
ship and Immigration Services who willfully deceives Congress
or agency leadership on any matter.
SEC. 455. EFFECTIVE DATE.
Notwithstanding section 4, sections 451 through 456, and the
amendments made by such sections, shall take effect on the date
on which the transfer of functions specified under section 441
takes effect.
SEC. 456. TRANSITION.
(a) REFERENCES.—With respect to any function transferred by
this subtitle to, and exercised on or after the effective date specified
in section 455 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 pro-
vided by law, a Federal official to whom a function is trans-
ferred by this subtitle 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.
(2) TRANSFER AND ALLOCATION OF APPROPRIATIONS AND PER-
SONNEL.—The personnel of the Department of Justice employed
in connection with the functions transferred by this subtitle
(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 subtitle, subject to section
202 of the Budget and Accounting Procedures Act of 1950,
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
H. R. 5005—67
pursuant to this paragraph shall be used only for the purposes
for which the funds were originally authorized and appro-
priated. The Secretary shall have the right to adjust or realign
transfers of funds and personnel effected pursuant to this sub-
title for a period of 2 years after the effective date specified
in section 455.
SEC. 457. FUNDING FOR CITIZENSHIP AND IMMIGRATION SERVICES.
Section 286(m) of the Immigration and Nationality Act (8 U.S.C.
1356(m)) is amended by striking ‘‘services, including the costs of
similar services provided without charge to asylum applicants or
other immigrants.’’ and inserting ‘‘services.’’.
SEC. 458. BACKLOG ELIMINATION.
Section 204(a)(1) of the Immigration Services and Infrastruc-
ture Improvements Act of 2000 (8 U.S.C. 1573(a)(1)) is amended
by striking ‘‘not later than one year after the date of enactment
of this Act;’’ and inserting ‘‘1 year after the date of the enactment
of the Homeland Security Act of 2002;’’.
SEC. 459. REPORT ON IMPROVING IMMIGRATION SERVICES.
(a) IN GENERAL.—The Secretary, not later than 1 year after
the effective date of this Act, 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 func-
tions specified in this subtitle takes effect, will complete efficiently,
fairly, and within a reasonable time, the adjudications described
in paragraphs (1) through (5) of section 451(b).
(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 imple-
mented without affecting the quality of the adjudication.
(2) The goal for processing time with respect to the applica-
tion.
(3) Any statutory modifications with respect to the adju-
dication that the Secretary considers advisable.
(c) CONSULTATION.—In carrying out subsection (a), the Sec-
retary 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 451(b) and related processes.
SEC. 460. REPORT ON RESPONDING TO FLUCTUATING NEEDS.
Not later than 30 days after the date of the enactment of
this Act, the Attorney General shall submit to Congress a report
on changes in law, including changes in authorizations of appropria-
tions and in appropriations, that are needed to permit the Immigra-
tion and Naturalization Service, and, after the transfer of functions
specified in this subtitle 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 other-
wise to ensure the accommodation of changing immigration service
needs.
H. R. 5005—68
SEC. 461. APPLICATION OF INTERNET-BASED TECHNOLOGIES.
(a) ESTABLISHMENT OF TRACKING SYSTEM.—The Secretary, not
later than 1 year after the effective date of this Act, in consultation
with the Technology Advisory Committee established under sub-
section (c), 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 PROC-
ESSING.—
(1) ONLINE FILING.—The Secretary, in consultation with
the Technology Advisory Committee established under sub-
section (c), shall conduct a feasibility study on the online filing
of the filings described in subsection (a). 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 Act.
(c) TECHNOLOGY ADVISORY COMMITTEE.—
(1) ESTABLISHMENT.—The Secretary shall establish, not
later than 60 days after the effective date of this Act, an
advisory committee (in this section referred to as the ‘‘Tech-
nology Advisory Committee’’) to assist the Secretary in—
(A) establishing the tracking system under subsection
(a); and
(B) conducting the study under subsection (b).
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) and
the online filing system described in subsection (b)(1).
SEC. 462. CHILDREN’S 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).
(b) FUNCTIONS.—
(1) IN GENERAL.—Pursuant to the transfer made by sub-
section (a), the Director of the Office of Refugee Resettlement
shall be responsible for—
H. R. 5005—69
(A) coordinating and implementing the care and place-
ment 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 the date of the enactment
of this Act;
(B) ensuring that the interests of the child are consid-
ered in decisions and actions relating to the care and
custody of an unaccompanied alien child;
(C) making placement determinations for all unaccom-
panied 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 individ-
uals, 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 enti-
ties qualified to provide guardian and attorney representa-
tion services for unaccompanied alien children;
(J) maintaining statistical information and other data
on unaccompanied alien children for whose care and place-
ment the Director is responsible, which shall include—
(i) biographical information, such as a child’s
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 child’s 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 Home-
land Security, and the Department of State on each depart-
ment’s actions relating to unaccompanied alien children;
and
(L) conducting investigations and inspections of facili-
ties and other entities in which unaccompanied alien chil-
dren reside.
(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—