252 
Secretary shall notify the appropriate congressional committees of 
the updates. 
§ 10920. Trusted traveler program 
The Secretary may not enter into or renew an agreement with the govern-
ment of a foreign country for a trusted traveler program administered by 
U.S. Customs and Border Protection unless the Secretary certifies in writ-
ing that the government— 
(1) routinely submits to INTERPOL for inclusion in INTERPOL’s 
Stolen and Lost Travel Documents database information about lost and 
stolen passports and travel documents of the citizens and nationals of 
the country; or 
(2) makes available to the United States Government the informa-
tion described in paragraph (1) through another means of reporting. 
§ 10921. Hiring members of the armed forces separating 
from military service 
(a) EXPEDITED HIRING.—The Secretary shall consider the expedited hir-
ing of qualified candidates who have the ability to perform the essential 
functions of the position of a U.S. Customs and Border Protection officer 
and who are eligible for a veterans recruitment appointment authorized 
under section 4214 of title 38. 
(b) ENHANCED RECRUITING EFFORTS.—The Secretary, in consultation 
with the Secretary of Defense, and acting through existing programs, au-
thorities, and agreements, where applicable, shall enhance the efforts of the 
Department to recruit members of the armed forces who are separating 
from military service to serve as U.S. Customs and Border Protection offi-
cers. The enhanced recruiting efforts shall— 
(1) include U.S. Customs and Border Protection officer opportunities 
in relevant job assistance efforts under the Transition Assistance Pro-
gram; 
(2) place U.S. Customs and Border Protection officials or other rel-
evant Department officials at recruiting events and jobs fairs involving 
members of the armed forces who are separating from military service; 
(3) provide opportunities for local U.S. Customs and Border Protec-
tion field offices to partner with military bases in the region; 
(4) include outreach efforts to educate members of the armed forces 
with Military Occupational Specialty Codes and Officer Branches, Air 
Force Specialty Codes, Naval Enlisted Classifications and Officer Des-
ignators, and Coast Guard competencies that are transferable to the re-
quirements, qualifications, and duties assigned to U.S. Customs and 
Border Protection officers of available hiring opportunities to become 
U.S. Customs and Border Protection officers; 
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(5) identify shared activities and opportunities for reciprocity related 
to steps in hiring U.S. Customs and Border Protection officers with the 
goal of minimizing the time required to hire qualified applicants; 
(6) ensure the streamlined interagency transfer of relevant back-
ground investigations and security clearances; and 
(7) include such other elements as may be necessary to ensure that 
members of the armed forces who are separating from military service 
are aware of opportunities to fill vacant U.S. Customs and Border Pro-
tection officer positions. 
(c) REPORTS.—Not later than 180 days after October 16, 2015, and by 
December 31 of each of the next 3 years, the Secretary, in consultation with 
the Secretary of Defense, shall submit a report to the Committee on Home-
land Security and the Committee on Armed Services of the House of Rep-
resentatives and the Committee on Homeland Security and Governmental 
Affairs and the Committee on Armed Services of the Senate that includes 
a description and assessment of the efforts of the Department under this 
section to hire members of the armed forces who are separating from mili-
tary service as U.S. Customs and Border Protection officers. The report 
shall include— 
(1) a detailed description of the efforts to implement subsection (b), 
including— 
(A) elements of the enhanced recruiting efforts and the goals 
associated with those elements; and 
(B) a description of how the elements and goals referred to in 
subparagraph (A) will assist in meeting statutorily mandated 
staffing levels and agency hiring benchmarks; 
(2) a detailed description of the efforts that have been undertaken 
under subsection (b); 
(3) the estimated number of separating service members made aware 
of U.S. Customs and Border Protection officer vacancies; 
(4) the number of U.S. Customs and Border Protection officer va-
cancies filled with separating service members; and 
(5) the number of U.S. Customs and Border Protection officer va-
cancies filled with separating service members under veterans recruit-
ment appointments authorized under section 4214 of title 38. 
(d) RULES OF CONSTRUCTION.—Nothing in this section may be con-
strued— 
(1) as superseding, altering, or amending existing Federal veterans’ 
hiring preferences or Federal hiring authorities; or 
(2) to authorize the appropriation of additional amounts to carry out 
this section. 
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Subchapter III—Immigration Enforcement 
Functions 
§ 10931. Transfer of functions 
The Secretary succeeds to the functions, personnel, assets, and liabilities 
of the following programs of the Commissioner of Immigration and Natu-
ralization: 
(1) The Border Patrol program. 
(2) The detention and removal program. 
(3) The intelligence program. 
(4) The investigations program. 
(5) The inspections program. 
§ 10932. Responsibilities of U.S. Immigration and Customs 
Enforcement officials 
(a) ASSISTANT SECRETARY OF IMMIGRATION AND CUSTOMS ENFORCE-
MENT.— 
(1) FUNCTIONS.—The Assistant Secretary of Immigration and Cus-
toms Enforcement— 
(A) shall establish the policies for performing functions— 
(i) transferred to the Secretary by section 10931 of this 
title and delegated to the Assistant Secretary by the Sec-
retary; or 
(ii) otherwise vested in the Assistant Secretary by law; 
(B) shall oversee the administration of the policies; and 
(C) shall advise the Secretary with respect to a policy or oper-
ation of U.S. Immigration and Customs Enforcement that may af-
fect U.S. Citizenship and Immigration Services established under 
subchapter IV of this chapter, including potentially conflicting 
policies or operations. 
(2) PROGRAM TO COLLECT INFORMATION RELATING TO FOREIGN 
STUDENTS.—The Assistant Secretary of Immigration and Customs En-
forcement is responsible for administering the program to collect infor-
mation relating to nonimmigrant foreign students and other exchange 
program participants described in section 641 of the Illegal Immigra-
tion Reform and Immigrant Responsibility Act of 1996 (8 U.S.C. 
1372), including the Student and Exchange Visitor Information System 
established under that section, and shall use the information to carry 
out the enforcement functions of U.S. Immigration and Customs En-
forcement. 
(3) MANAGERIAL ROTATION PROGRAM.—The Assistant Secretary of 
Immigration and Customs Enforcement shall design and implement a 
managerial rotation program under which employees of U.S. Immigra-
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tion and Customs Enforcement holding positions involving supervisory 
or managerial responsibility and classified, in accordance with chapter 
51 of title 5, as a GS-14 or above, shall— 
(A) gain some experience in all the major functions performed 
by U.S. Immigration and Customs Enforcement; and 
(B) work in at least one local office of U.S. Immigration and 
Customs Enforcement. 
(b) CHIEF OF POLICY AND STRATEGY.— 
(1) IN GENERAL.—There is a Chief of Policy and Strategy for U.S. 
Immigration and Customs Enforcement. 
(2) FUNCTIONS.—In consultation with U.S. Immigration and Cus-
toms Enforcement personnel in local offices, the Chief of Policy and 
Strategy is responsible for— 
(A) making policy recommendations and performing policy re-
search and analysis on immigration enforcement issues; and 
(B) coordinating immigration policy issues with the Chief of 
Policy and Strategy for U.S. Citizenship and Immigration Serv-
ices, as appropriate. 
(c) LEGAL ADVISOR.—There is a principal legal advisor to the Assistant 
Secretary of Immigration and Customs Enforcement. The legal advisor shall 
provide specialized legal advice to the Assistant Secretary and shall rep-
resent U.S. Immigration and Customs Enforcement in all exclusion, depor-
tation, and removal proceedings before the Executive Office for Immigration 
Review. 
§ 10933. Professional responsibility and quality review 
The Secretary is responsible for— 
(1) conducting investigations of noncriminal allegations of mis-
conduct, corruption, and fraud involving an employee of U. S. Immi-
gration and Customs Enforcement that are not subject to investigation 
by the Inspector General for the Department; 
(2) inspecting the operations of U. S. Immigration and Customs En-
forcement and providing assessments of the quality of the operations 
of U. S. Immigration and Customs Enforcement as a whole and each 
of its components; and 
(3) providing an analysis of the management of U.S. Immigration 
and Customs Enforcement. 
§ 10934. Annual report on cross-border tunnels 
(a) DEFINITION OF CONGRESSIONAL COMMITTEES.—In this section, the 
term ‘‘congressional committees’’ means— 
(1) the Committee on Homeland Security and Governmental Affairs 
of the Senate; 
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(2) the Committee on the Judiciary of the Senate; 
(3) the Committee on Appropriations of the Senate; 
(4) the Committee on Homeland Security of the House of Represent-
atives; 
(5) the Committee on the Judiciary of the House of Representatives; 
and 
(6) the Committee on Appropriations of the House of Representa-
tives. 
(b) CONTENT.—The Secretary shall submit an annual report to the con-
gressional committees that includes a description of— 
(1) the cross-border tunnels along the border between Mexico and 
the United States discovered during the preceding fiscal year; and 
(2) the needs of the Department to effectively prevent, investigate, 
and prosecute border tunnel construction along the border between 
Mexico and the United States. 
Subchapter IV—Citizenship and 
Immigration Services 
§ 10941. Transfer of functions to Director of U.S. Citizenship 
and Immigration Services 
The Director of U.S. Citizenship and Immigration Services succeeds to 
the following functions of the Commissioner of Immigration and Naturaliza-
tion, and all personnel, infrastructure, and funding provided to the Commis-
sioner in support of the functions immediately before March 1, 2003: 
(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 Natu-
ralization Service immediately before March 1, 2003. 
§ 10942. Responsibilities of U.S. Citizenship and Immigra-
tion Services officials 
(a) DIRECTOR.— 
(1) FUNCTIONS.—The Director of U.S. Citizenship and Immigration 
Services— 
(A) shall establish the policies for performing the functions 
transferred to the Director by section 10941 of this title or the 
Homeland Security Act of 2002 (Public Law 107–296, 116 Stat. 
2135) or otherwise vested in the Director by law; 
(B) shall oversee the administration of the policies; 
(C) shall advise the Deputy Secretary of Homeland Security 
with respect to a policy or operation of U.S. Citizenship and Immi-
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gration Services that may affect U.S. Immigration and Customs 
Enforcement, including potentially conflicting policies or oper-
ations; 
(D) shall establish national immigration services policies and 
priorities; 
(E) shall meet regularly with the Ombudsman described in sec-
tion 10943 of this title to correct serious service problems identi-
fied by the Ombudsman; and 
(F) shall establish procedures requiring a formal response to 
recommendations submitted in the Ombudsman’s annual report to 
Congress within 3 months after its submission to Congress. 
(2) MANAGERIAL ROTATION PROGRAM.—The Director of U.S. Citi-
zenship and Immigration Services shall design and implement a mana-
gerial rotation program under which employees of U.S. Citizenship and 
Immigration Services holding positions involving supervisory or mana-
gerial responsibility and classified, in accordance with chapter 51 of 
title 5, as a GS-14 or above, shall— 
(A) gain some experience in all the major functions performed 
by U.S. Citizenship and Immigration Services; and 
(B) work in at least one field office and one service center of 
U.S. Citizenship and Immigration Services. 
(3) PILOT INITIATIVES FOR BACKLOG ELIMINATION.—The Director 
of U.S. Citizenship and Immigration Services may implement innova-
tive pilot initiatives to eliminate a remaining backlog in the processing 
of immigration benefit applications, and to prevent a backlog in the 
processing of applications from recurring, under section 204(a) of the 
Immigration Services and Infrastructure Improvements Act of 2000 (8 
U.S.C. 1573(a)). Initiatives may include measures such as increasing 
personnel, transferring personnel to focus on areas with the largest po-
tential for backlog, and streamlining paperwork. 
(b) CHIEF OF POLICY AND STRATEGY.— 
(1) IN GENERAL.—There is a Chief of Policy and Strategy for U.S. 
Citizenship and Immigration Services. 
(2) FUNCTIONS.—In consultation with U.S. Citizenship and Immi-
gration Services personnel in field offices, the Chief of Policy and 
Strategy is responsible for— 
(A) making policy recommendations and performing policy re-
search and analysis on immigration services issues; and 
(B) coordinating immigration policy issues with the Chief of 
Policy and Strategy for U.S. Immigration and Customs Enforce-
ment. 
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(c) LEGAL ADVISOR.— 
(1) IN GENERAL.—There is a principal legal advisor to the Director 
of U.S. Citizenship and Immigration Services. 
(2) FUNCTIONS.—The legal advisor is responsible for— 
(A) providing specialized legal advice, opinions, determinations, 
regulations, and other assistance to the Director of U.S. Citizen-
ship and Immigration Services with respect to legal matters affect-
ing U.S. Citizenship and Immigration Services; and 
(B) representing U.S. Citizenship and Immigration Services in 
visa petition appeal proceedings before the Executive Office for 
Immigration Review. 
(d) BUDGET OFFICER.— 
(1) IN GENERAL.—There is a Budget Officer for U.S. Citizenship 
and Immigration Services. 
(2) FUNCTIONS.—The Budget Officer is responsible for— 
(A) formulating and executing the budget of U.S. Citizenship 
and Immigration Services; 
(B) financial management of U.S. Citizenship and Immigration 
Services; and 
(C) collecting all payments, fines, and other debts for U.S. Citi-
zenship and Immigration Services. 
(e) CHIEF OF OFFICE OF CITIZENSHIP.— 
(1) IN GENERAL.—There is a Chief of the Office of Citizenship for 
U.S. Citizenship and Immigration Services. 
(2) FUNCTIONS.—The Chief of the Office of Citizenship for U.S. 
Citizenship and Immigration Services is responsible for promoting in-
struction and training on citizenship responsibilities for aliens inter-
ested in becoming naturalized citizens of the United States, including 
the development of educational materials. 
§ 10943. Citizenship and Immigration Services Ombudsman 
(a) IN GENERAL.—There is in the Department a Citizenship and Immi-
gration Services Ombudsman (in this section referred to as the ‘‘Ombuds-
man’’). The Ombudsman shall report directly to the Deputy Secretary of 
Homeland Security. The Ombudsman shall have a background in customer 
service as well as immigration law. 
(b) FUNCTIONS.—The Ombudsman— 
(1) shall assist individuals and employers in resolving problems with 
U.S. Citizenship and Immigration Services; 
(2) shall identify areas in which individuals and employers have 
problems in dealing with U.S. Citizenship and Immigration Services; 
and 
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(3) to the extent possible, shall propose changes in the administrative 
practices of U.S. Citizenship and Immigration Services to mitigate 
problems identified under paragraph (2). 
(c) ANNUAL REPORT.— 
(1) OBJECTIVES.—Not later than June 30 each year, the Ombuds-
man shall report to the Committees 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 that year. The report shall 
contain full and substantive analysis, in addition to statistical informa-
tion, and— 
(A) shall identify the recommendations the Office of the Om-
budsman has made on improving services and responsiveness of 
U.S. 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 the problems; 
(C) shall contain an inventory of the items described in sub-
paragraphs (A) and (B) for which action has been taken and the 
result of the action; 
(D) shall contain an inventory of the items described in sub-
paragraphs (A) and (B) for which action remains to be completed 
and the period during which each item has remained on the inven-
tory; 
(E) shall contain an inventory of the items described in sub-
paragraphs (A) and (B) for which no action has been taken, the 
period during which each item has remained on the inventory, the 
reasons for the inaction, and shall identify any official of U.S. 
Citizenship and Immigration Services who is responsible for inac-
tion; 
(F) shall contain recommendations for administrative action ap-
propriate to resolve problems encountered by individuals and em-
ployers, including problems created by excessive backlogs in the 
adjudication and processing of immigration benefit petitions and 
applications; and 
(G) shall include other information the Ombudsman may deem 
advisable. 
(2) REPORT TO BE SUBMITTED DIRECTLY TO COMMITTEES.—Each 
report required under this subsection shall be provided directly to the 
committees described in paragraph (1) without prior comment or 
amendment from the Secretary, the Deputy Secretary of Homeland Se-
curity, the Director of U.S. Citizenship and Immigration Services, or 
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another officer or employee of the Department or the Office of Manage-
ment and Budget. 
(d) OTHER RESPONSIBILITIES.—The Ombudsman— 
(1) shall monitor the coverage and geographic allocation of local of-
fices of the Ombudsman; 
(2) shall develop guidance to be distributed to all officers and em-
ployees of U.S. Citizenship and Immigration Services outlining the cri-
teria 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 em-
ployers served by the office; and 
(4) shall meet regularly with the Director of U.S. Citizenship and 
Immigration Services to identify serious service problems and to 
present recommendations for administrative action appropriate to re-
solve problems encountered by individuals and employers. 
(e) PERSONNEL ACTIONS.— 
(1) IN GENERAL.—The Ombudsman has the responsibility and au-
thority— 
(A) to appoint local ombudsmen and make available at least one 
ombudsman for each State; and 
(B) to evaluate and take personnel actions (including dismissal) 
with respect to an employee of a local office of the Ombudsman. 
(2) CONSULTATION.—The Ombudsman may consult with the appro-
priate supervisory personnel of U.S. Citizenship and Immigration Serv-
ices in carrying out the Ombudsman’s responsibilities under this sub-
section. 
(f) RESPONSIBILITIES OF DIRECTOR OF U.S. CITIZENSHIP AND IMMIGRA-
TION SERVICES.—The Director of U.S. Citizenship and Immigration Serv-
ices shall establish procedures requiring a formal response to all rec-
ommendations submitted to the Director by the Ombudsman within 3 
months after submission. 
(g) OPERATION OF LOCAL OFFICES.— 
(1) IN GENERAL.—Each local ombudsman— 
(A) shall report to the Ombudsman or the delegate of the Om-
budsman; 
(B) may consult with the appropriate supervisory personnel of 
U.S. Citizenship and Immigration Services regarding the daily op-
eration of the local office of the Ombudsman; 
(C) shall, at the initial meeting with an individual or employer 
seeking the assistance of the local office, notify the individual or 
employer that the local offices of the Ombudsman operate inde-
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pendently 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 U.S. Citizenship and Immigration Services contact 
with, or information provided by, the 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 U.S. Citizenship and Immi-
gration Services, or any component of U.S. Citizenship and Immigra-
tion Services. 
§ 10944. Professional responsibility and quality review 
(a) IN GENERAL.—The Director of U.S. Citizenship and Immigration 
Services is responsible for— 
(1) conducting investigations of noncriminal allegations of mis-
conduct, corruption, and fraud involving an employee of U.S. Citizen-
ship and Immigration Services that are not subject to investigation by 
the Inspector General for the Department; 
(2) inspecting the operations of U.S. Citizenship and Immigration 
Services and providing assessments of the quality of the operations of 
U.S. Citizenship and Immigration Services as a whole and each of its 
components; and 
(3) providing an analysis of the management of U.S. Citizenship and 
Immigration Services. 
(b) SPECIAL CONSIDERATIONS.—In providing assessments under sub-
section (a)(2) with respect to a decision of U.S. Citizenship and Immigra-
tion Services, or 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) fraud or misrepresentation associated with the decision; and 
(3) the efficiency with which the decision was rendered. 
§ 10945. Employee discipline 
The Director of U.S. Citizenship and Immigration Services may impose 
disciplinary action, including termination of employment, pursuant to poli-
cies and procedures applicable to employees of the Federal Bureau of Inves-
tigation, on an employee of U.S. Citizenship and Immigration Services who 
willfully deceives Congress or agency leadership on any matter. 
§ 10946. Transition 
(a) REFERENCES.—With respect to a function transferred by this sub-
chapter to, and exercised on or after March 1, 2003, by, the Director of 
U.S. Citizenship and Immigration Services, a reference in any other Federal 
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law, Executive order, rule, regulation, delegation of authority, or document 
of or pertaining to a component of government from which the function is 
transferred— 
(1) to the head of the component is deemed to refer to the Director 
of U.S. Citizenship and Immigration Services; or 
(2) to the component is deemed to refer to U.S. Citizenship and Im-
migration Services. 
(b) EXERCISE OF AUTHORITIES.—Except as otherwise provided by law, 
a Federal official to whom a function is transferred by this subchapter 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 func-
tion immediately before March 1, 2003. 
§ 10947. Application of Internet-based technologies 
(a) ESTABLISHMENT OF TRACKING SYSTEM.—The Secretary, in consulta-
tion with the Technology Advisory Committee established under subsection 
(c), shall establish an Internet-based system, that will permit a person, em-
ployer, immigrant, or nonimmigrant who has filings with the Secretary for 
a 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 Tech-
nology Advisory Committee established under subsection (c), shall con-
duct 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 U.S. Immigration and Customs Enforcement relating to 
the immigration services and processing of filings relating 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 sys-
tem, 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 Rep-
resentatives and the Senate not later than January 24, 2004. 
(c) TECHNOLOGY ADVISORY COMMITTEE.— 
(1) ESTABLISHMENT.—The Secretary shall establish the Technology 
Advisory Committee to assist the Secretary in— 
(A) establishing the tracking system under subsection (a); and 
(B) conducting the study under subsection (b). 
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(2) CONSULTATION.—The Technology Advisory Committee shall be 
established after consultation with the Committees on the Judiciary of 
the House of Representatives and the Senate. 
(3) 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 de-
scribed in subsection (a) and the online filing system described in sub-
section (b)(1). 
Subchapter V—General Immigration 
Provisions 
§ 10961. Director of Shared Services 
(a) IN GENERAL.—There is in the Office of the Deputy Secretary of 
Homeland Security a Director of Shared Services. 
(b) FUNCTIONS.—The Director of Shared Services is responsible for the 
coordination of resources for U.S. Immigration and Customs Enforcement 
and U.S. Citizenship and Immigration Services, including— 
(1) information resources management, including computer data-
bases and information technology; 
(2) records and file management; and 
(3) forms management. 
§ 10962. Separation of funding 
(a) IN GENERAL.—There are in the Treasury separate accounts for ap-
propriated funds and other deposits available for U.S. Citizenship and Im-
migration Services and U.S. Immigration and Customs Enforcement. 
(b) SEPARATE BUDGETS.—To ensure that U.S. Citizenship and Immigra-
tion Services and U.S. Immigration and Customs Enforcement are funded 
to the extent necessary to fully carry out their respective functions, the Di-
rector of the Office of Management and Budget shall separate the budget 
requests for each entity. 
(c) FEES.—Fees imposed for a particular service, application, or benefit 
shall be deposited in the account established under subsection (a) that is 
for whichever of U.S. Immigration and Customs Enforcement or U.S. Citi-
zenship and Immigration Services has jurisdiction over the function to 
which the fee relates. 
(d) FEES NOT TRANSFERABLE.—A fee may not be transferred between 
U.S. Citizenship and Immigration Services and U.S. Immigration and Cus-
toms Enforcement for purposes not authorized by section 286 of the Immi-
gration and Nationality Act (8 U.S.C. 1356). 
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§ 10963. Annual immigration functions report 
(a) ANNUAL REPORT.—The Secretary shall submit a report annually to 
the President, to the Committees on the Judiciary and Oversight and Gov-
ernment Reform of the House of Representatives, and to the Committees 
on the Judiciary and Homeland Security and Governmental Affairs of the 
Senate, on the impact the transfers made by Subtitle F of Title IV of the 
Homeland Security Act of 2002 (Public Law 107–296, 116 Stat. 2205) has 
had on immigration functions. 
(b) CONTENT.—The report shall address the following with respect to the 
period covered by the report: 
(1) The aggregate number of all immigration applications and peti-
tions received, and processed, by the Department. 
(2) Region-by-region statistics on the aggregate number of immigra-
tion applications and petitions filed by an alien (or filed on behalf of 
an alien) and denied, disaggregated by category of denial and applica-
tion or petition type. 
(3) The quantity of backlogged immigration applications and peti-
tions that have been processed, the aggregate number awaiting proc-
essing, and a detailed plan for eliminating the backlog. 
(4) The average processing period for immigration applications and 
petitions, disaggregated by application or petition type. 
(5) The number and types of immigration-related grievances filed 
with an official of the Department of Justice, and if those grievances 
were resolved. 
(6) Plans to address grievances and improve immigration services. 
(7) Whether immigration-related fees were used consistent with legal 
requirements regarding their use. 
(8) Whether immigration-related questions conveyed by customers to 
the Department (whether conveyed in person, by telephone, or by 
means of the Internet) were answered effectively and efficiently. 
Subchapter VI—U.S. Customs and Border 
Protection Public-Private Partnerships 
§ 10971. Definitions 
In this subchapter: 
(1) DONOR.—The term ‘‘donor’’ means an entity that is proposing 
to make a donation under this title (except chapters 113 and 409). 
(2) ENTITY.—The term ‘‘entity’’ means— 
(A) a person; 
(B) a partnership, corporation, trust, estate, cooperative, asso-
ciation, or other organized group of persons; 
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(C) the Federal Government or a State or local government (in-
cluding a subdivision, agency, or instrumentality of the Federal 
Government or a State or local government); or 
(D) another private person or governmental entity. 
§ 10972. Fee agreements for certain services at ports of 
entry 
(a) IN GENERAL.—Notwithstanding section 10301(e) of the Consolidated 
Omnibus Budget Reconciliation Act of 1985 (19 U.S.C. 58c(e)) and section 
451 of the Tariff Act of 1930 (19 U.S.C. 1451), the Commissioner of U.S. 
Customs and Border Protection, on the request of any entity, may enter 
into a fee agreement with the entity under which— 
(1) U. S. Customs and Border Protection shall provide services de-
scribed in subsection (b) at a United States port of entry or any other 
facility at which U.S. Customs and Border Protection provides the 
services; 
(2) the entity shall remit to U.S. Customs and Border Protection a 
fee imposed under subsection (h) in an amount equal to the full costs 
that are incurred or will be incurred in providing the services; and 
(3) if space is provided by the entity, each facility at which U.S. 
Customs and Border Protection services are performed shall be main-
tained and equipped by the entity, without cost to the Federal Govern-
ment, in accordance with U.S. Customs and Border Protection speci-
fications. 
(b) SERVICES DESCRIBED.—The services referred to in subsection (a) are 
activities of an employee or Office of Field Operations contractor of U.S. 
Customs and Border Protection (except employees of U.S. Border Patrol, 
as established under section 10306(e) of this title) pertaining to, or in sup-
port of, customs, agricultural processing, border security, or immigration in-
spection-related matters at a port of entry or other facility at which U.S. 
Customs and Border Protection provides or will provide the services. 
(c) MODIFICATION OF PRIOR AGREEMENTS.—The Commissioner of U.S. 
Customs and Border Protection, at the request of an entity that has pre-
viously entered into an agreement with U.S. Customs and Border Protection 
for the reimbursement of fees in effect on December 16, 2016, may modify 
the agreement to implement provisions of this section. 
(d) LIMITATIONS.— 
(1) IMPACTS OF SERVICES.—The Commissioner of U.S. Customs and 
Border Protection— 
(A) may enter into fee agreements under this section only for 
services that— 
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