271 
(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, 
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); 
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(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 
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 
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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-
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 
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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-
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-
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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). 
(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). 
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(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. 1205. 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; 
(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; 
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