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United States or its citizens or lawful residents are 
able to obtain permission to remain in the United 
States. 
(2) Only United States citizens have an abso-
lute right to be in the United States; for all others, 
permission to enter and reside here, either as non-
immigrants or immigrants, is a privilege that is con-
ditioned on following the rules of one’s admission 
and stay. 
(3) It is important that United States Citizen-
ship and Immigration Services, like all other Federal 
agencies that come into close contact with the public 
their customers. 
(4) Immigration benefits fraud has become en-
demic. It undermines the rule of law and threatens 
national security, and so must be addressed aggres-
sively and consistently. 
(5) Internal corruption also threatens national 
security and erodes the integrity of the immigration 
system. In order to restore integrity and credibility 
to the system, the backlog of complaints against 
United States Citizenship and Immigration Services 
employees must be cleared by experienced investiga-
tors as expeditiously as possible without compro-
mising the quality of investigations.
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(6) In separating customs and border protec-
tion and immigration and customs enforcement from 
United States Citizenship and Immigration Services, 
Congress did not intend to wholly eliminate all law 
enforcement functions within the latter, nor is it 
possible for United States citizenship and immigra-
tion services to achieve its mission without a law en-
forcement function. the attempt to do so has pro-
duced the current abysmal results. Thus, it is imper-
ative that United States Citizenship and Immigra-
tion Services embrace the critical law enforcement 
function especially the internal audit function. 
SEC. 1303. STRUCTURE OF THE OFFICE OF SECURITY AND 
INVESTIGATIONS. 
The Director of the Office of Security and Investiga-
tions shall report directly to the Director of United States 
Citizenship and Immigration Services. 
SEC. 1304. AUTHORITY OF THE OFFICE OF SECURITY AND 
INVESTIGATIONS TO INVESTIGATE INTERNAL 
CORRUPTION. 
(a) AUTHORITY.—In addition to the authority other-
wise provided by this title, the Director of the Office of 
Security and Investigations, in carrying out the duties of 
the Office, has sole authority—
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(1) to receive, process, dispose of administra-
tively, and investigate any criminal or noncriminal 
violations of the Immigration and Nationality Act or 
title 18, United States Code, that are alleged to have 
been committed by any officer, agent, employee, or 
contract worker of United States Citizenship and 
Immigration Services, and that are referred to 
United States Citizenship and Immigration Services 
by the Office of the Inspector General of the Depart-
ment of Homeland Security; 
(2) to ensure that all complaints alleging such 
violations are handled and stored in the same man-
ner as sensitive but unclassified materials; 
(3) to have access to all records, reports, audits, 
reviews, documents, papers, recommendations, or 
other material available to United States Citizenship 
and Immigration Services which relate to programs 
and operations with respect to which the Director 
has responsibilities under this title; 
(4) to request such information or assistance as 
may be necessary for carrying out the duties and re-
sponsibilities of the Office from any Federal, State, 
or local governmental agency or unit thereof; 
(5) to require by subpoena the production of all 
information, documents, reports, answers, records,
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accounts, papers, and other data and documentary 
evidence necessary in the performance of the func-
tions assigned to the Office of Security and Inves-
tigations, which subpoena, in the case of contumacy 
or refusal to obey, shall be enforceable by order of 
any appropriate United States district court (except 
that procedures other than subpoenas shall be used 
by the Director to obtain documents and information 
from Federal agencies); 
(6) to administer to or take from any person an 
oath, affirmation, or affidavit, whenever necessary in 
the performance of the functions assigned to the Of-
fice of Security and Investigations, which oath, affir-
mation, or affidavit when administered or taken by 
or before an agent of the Office of Security and In-
vestigations designated by the Director shall have 
the same force and effect as if administered or taken 
by or before an officer having a seal; 
(7) to have direct and prompt access to the 
head of United States Citizenship and Immigration 
Services when necessary for any purpose pertaining 
to the performance of functions and responsibilities 
of the Office of Security and Investigations; 
(8) to select, appoint, and employ such officers 
and employees as may be necessary for carrying out
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the functions, powers, and duties of the Office of Se-
curity and Investigations subject to the provisions of 
title 5, United States Code, governing appointments 
in the competitive service, and the provisions of 
chapter 51 and subchapter III of chapter 53 of such 
title relating to classification and General Schedule 
pay rates; 
(9) to obtain services as authorized by section 
3109 of title 5, United States Code, at daily rates 
not to exceed the equivalent rate prescribed for 
grade GS–15 of the General Schedule by section 
5332 of title 5, United States Code; and 
(10) to the extent and in such amounts as may 
be provided in advance by immigration fee accounts 
or appropriations Acts, to enter into contracts and 
other arrangements for audits, studies, analyses, and 
other services with public agencies and with private 
persons, and to make such payments as may be nec-
essary to carry out the provisions of this title. 
(b)(1) Upon request of the Director for information 
or assistance under subsection (a)(4), the head of any 
Federal agency involved shall, insofar as is practicable and 
not in contravention of any existing statutory restriction 
or regulation of the Federal agency from which the infor-
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mation is requested, furnish to such Director, or to an 
authorized designee, such information or assistance. 
(2) Whenever information or assistance requested 
under subsection (a)(3) or (a)(4) is, in the judgment of 
the Director, unreasonably refused or not provided, the 
Director shall report the circumstances to the Director of 
United States Citizenship and Immigration Services with-
out delay. 
(c) The Director of United States Citizenship and 
Immigration Services shall provide the Office of Security 
and Investigations with appropriate and adequate office 
space at central and field office locations of United States 
Citizenship and Immigration Services, together with such 
equipment, office supplies, and communications facilities 
and services as may be necessary for the operation of such 
offices, and shall provide necessary maintenance services 
for such offices and the equipment and facilities located 
therein. 
(d)(1) In addition to the authority otherwise provided 
by this title, the Director, the Deputy Director, the Assist-
ant Director of Security Operations, the Assistant Direc-
tor of Special Investigations, all 1811-series criminal in-
vestigators, certain 1801-series investigative management 
specialists, and security specialists supervised by such as-
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sistant directors may be authorized by the Secretary of 
Homeland Security to— 
(A) carry a firearm while engaged in official du-
ties as authorized under this title or other statute, 
or as expressly authorized by the Secretary; 
(B) make an arrest without a warrant while en-
gaged in official duties as authorized under this title 
or other statute, or as expressly authorized by the 
Secretary, for any offense against the United States 
committed in the presence of such Director, Assist-
ant Director, or designee, or for any felony cog-
nizable under the laws of the United States if such 
Director, Assistant Director, or designee has reason-
able grounds to believe that the person to be ar-
rested has committed or is committing such felony; 
and 
(C) seek and execute warrants for arrest, 
search of a premises, or seizure of evidence issued 
under the authority of the United States upon prob-
able cause to believe that a violation has been com-
mitted. 
(2) The Secretary shall promulgate, and revise as ap-
propriate, guidelines which shall govern the exercise of the 
law enforcement powers established under paragraph (1).
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(3)(A) Powers authorized for the Director under 
paragraph (1) may be rescinded or suspended upon a de-
termination by the Secretary that the exercise of author-
ized powers by that Director has not complied with the 
guidelines promulgated by the Secretary under paragraph 
(2). 
(B) Powers authorized to be exercised by any indi-
vidual under paragraph (1) may be rescinded or suspended 
with respect to that individual upon a determination by 
the Secretary that such individual has not complied with 
guidelines promulgated by the Secretary under paragraph 
(2). 
(4) A determination by the Secretary under para-
graph (3) shall not be reviewable in or by any court. 
(5) No provision of this subsection shall limit the ex-
ercise of law enforcement powers established under any 
other statutory authority. 
SEC. 1305. AUTHORITY OF THE OFFICE OF SECURITY AND 
INVESTIGATIONS TO DETECT AND INVES-
TIGATE IMMIGRATION BENEFITS FRAUD. 
The Office of Security and Investigations of United 
States Citizenship and Immigration Services shall have 
authority— 
(1) to conduct fraud detection operations, in-
cluding data mining and analysis;
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(2) to investigate any criminal or noncriminal 
allegations of violations of the Immigration and Na-
tionality Act or title 18, United States Code, that 
Immigration and Customs Enforcement declines to 
investigate; 
(3) to turn over to a United States Attorney for 
prosecution evidence that tends to establish such vio-
lations; and 
(4) to engage in information sharing, partner-
ships, and other collaborative efforts with any— 
(A) Federal, State, or local law enforce-
ment entity; 
(B) foreign partners; or 
(C) entity within the intelligence commu-
nity (as defined in section 3(4) of the National 
Security Act of 1947 (50 U.S.C. 401a(4)). 
SEC. 1306. INCREASE IN FULL-TIME OFFICE OF SECURITY 
AND INVESTIGATIONS PERSONNEL. 
(a) INCREASE IN GS–1811 SERIES CRIMINAL INVES-
TIGATORS.—(1) In each of fiscal years 2007 through 
2010, the Director of the Office of Security and Investiga-
tions shall, subject to the availability of security fees de-
scribed in section 910 of this title, increase by not less 
than 100 the number of full-time, active-duty GS–1811 
series criminal Discussion draft 10 investigators, along
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with support personnel and equipment, within the Office 
of Security and Investigations above the number of such 
positions for which funds were made available during the 
preceding fiscal year. 
(2) DIVISION OF DUTIES.— 
(A) INTERNAL AFFAIRS.—No fewer than one- 
third of the criminal investigators, and support per-
sonnel, hired under paragraph (1) shall be assigned 
to investigate allegations described in paragraph (1) 
of section 904(a) of this title; 
(B) BENEFITS FRAUD.—The remaining crimi-
nal investigators, and support personnel, hired under 
paragraph (1) shall be assigned to investigate allega-
tions described in section 905 of this title. 
(b) INCREASE IN GS–1801 SERIES INVESTIGATION 
AND COMPLIANCE OFFICERS.—(1) Subject to the avail-
ability of security fees described in section 910 of this title, 
the Director of the Office of Security and Investigations 
shall by fiscal year 2008 increase by not less than 150 
the number of full-time, active-duty GS–1801 series inves-
tigation and compliance officers, along with support per-
sonnel and equipment, within the Office of Security and 
Investigations above the number of such positions for 
which funds were made available during fiscal year 2006. 
(2) DIVISION OF DUTIES.—
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(A) INTERNAL AFFAIRS.—No fewer than one- 
third of the investigation and compliance officers, 
and support personnel, hired under paragraph (1) 
shall be assigned to investigate allegations described 
in paragraph (1) of section 904(a) of this title; 
(B) BENEFITS FRAUD.—The remaining inves-
tigation and compliance officers, and support per-
sonnel, hired under paragraph (1) shall be assigned 
to investigate allegations described in section 905 of 
this title. 
(c) INCREASE IN GS–0132 SERIES INTELLIGENCE 
RESEARCH SPECIALISTS.—(1) Subject to the availability 
of security fees described in section 910 of this title, the 
Director of the Office of Security and Investigations shall 
by fiscal year 2008 increase by not less than 150 the num-
ber of full-time, active-duty GS–0132 series intelligence 
research specialists, along with support personnel and 
equipment, within the Office of Security and Investiga-
tions above the number of such positions for which funds 
were made available during fiscal year 2006. 
(2) DIVISION OF DUTIES.— 
(A) INTERNAL AFFAIRS.—No fewer than one- 
third of the investigation and compliance officers, 
and support personnel, hired under paragraph (1)
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shall be assigned to investigate allegations described 
in paragraph (1) of section 904(a) of this title; 
(B) BENEFITS FRAUD.—The remaining inves-
tigation and compliance officers, and support per-
sonnel, hired under paragraph (1) shall be assigned 
to investigate allegations described in section 905 of 
this title. 
SEC. 1307. ANNUAL REPORT. 
The Director of the Office of Security and Investiga-
tions shall annually submit to Congress a report detailing 
the activities of the Office. The report shall include data 
on the following: 
(1) The number of investigations the Office of 
Security and Investigations began, completed, and 
turned over to a United States Attorney for prosecu-
tion during the past 12 months. 
(2) The types of allegations investigated by the 
Office of Security and Investigations during the past 
12 months, including both the allegations of mis-
conduct by employees of United States Citizenship 
and Immigration Services and allegations of immi-
gration benefits fraud. 
(3) The disposition of all investigations con-
ducted by the Office of Security and Investigations 
during the past 12 months.
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(4) The number, if any, of allegations pending 
at the end of the 12-month period according to the 
type of allegation, the grade level of the employee, 
if applicable, along with an assessment of the re-
sources the Office of Security and Investigations 
would need, if any, to remain current with new alle-
gations received. 
SEC. 1308. INVESTIGATIONS OF FRAUD TO PRECEDE IMMI-
GRATION BENEFITS GRANT. 
Section 103 of the Immigration and Nationality Act 
(8 U.S.C. 1103) is amended by adding at the end the fol-
lowing: 
‘‘(j) Notwithstanding any other provision of law, the 
Secretary of Homeland Security, the Attorney General, or 
any court may not— 
‘‘(1) grant or order the grant of adjustment of 
status to that of an alien lawfully admitted for per-
manent residence, 
‘‘(2) grant or order the grant of any other sta-
tus, relief, protection from removal, or other benefit 
under the immigration laws, or 
‘‘(3) issue any documentation evidencing or re-
lated to such grant by the Attorney General, the 
Secretary, or any court,
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until any suspected or alleged fraud relating to the benefit 
application has been fully investigated and found to be un-
substantiated.’’. 
SEC. 1309. ELIMINATION OF THE FRAUD DETECTION AND 
NATIONAL SECURITY OFFICE. 
Not later than 30 days following the date of enact-
ment of this title, the Secretary of Homeland Security 
shall eliminate the Fraud Detection and National Security 
Office of United States Citizenship and Immigration Serv-
ices and transfer all authority of such office to the Office 
of Security and Investigations. 
SEC. 1310. SECURITY FEE. 
Section 286(d) of the Immigration and Nationality 
Act (8 U.S.C. 1356(d)) is amended by inserting ‘‘(1)’’ be-
fore ‘‘monies’’ and adding at the end the following: 
‘‘(2) In addition to any other fee authorized by law, 
the Secretary of Homeland Security shall charge each 
alien who files an application for adjustment of status or 
an extension of stay a security fee of $10, which shall be 
made available to the Office of Security and Investigations 
to conduct investigations into allegations of internal cor-
ruption and benefits fraud. 
‘‘(3) In addition to any other fee authorized by law, 
the Secretary of State shall charge each alien who files 
an application for an immigrant or nonimmigrant visa a
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security fee of $10, which shall be made available to the 
Office of Security and Investigations to conduct investiga-
tions into allegations of internal corruption and benefits 
fraud. 
‘‘(4) Any fees collected under paragraphs (2) and (3) 
that are in excess of the operating budget of the Office 
of Security and Investigations shall be made available to 
Immigration and Customs Enforcement for the sole pur-
pose of investigating immigration benefits fraud referred 
to it by United States Citizenship and Immigration Serv-
ices.’’. 
Passed the House of Representatives December 16, 
2005. 
Attest: 
KAREN L. HAAS, 
Clerk.