Homeland Security Act of 2002 Part 9

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.

(a) In General.--The Director of the Bureau of Citizens.h.i.+p 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 Citizens.h.i.+p and Immigration Services that are not subject to investigation by the Inspector General for the Department; (2) inspecting the operations of the Bureau of Citizens.h.i.+p and Immigration Services and providing a.s.sessments of the quality of the operations of such bureau as a whole and each of its components; and (3) providing an a.n.a.lysis of the management of the Bureau of Citizens.h.i.+p and Immigration Services.

(b) Special Considerations.--In providing a.s.sessments in accordance with subsection (a)(2) with respect to a decision of the Bureau of Citizens.h.i.+p and Immigration Services, or any 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) any fraud or misrepresentation a.s.sociated with the decision; and (3) the efficiency with which the decision was rendered.

SEC. 454. [6 U.S.C. 274] EMPLOYEE DISCIPLINE.

The Director of the Bureau of Citizens.h.i.+p 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 Citizens.h.i.+p and Immigration Services who willfully deceives Congress or agency leaders.h.i.+p on any matter.

SEC. 455. [6 U.S.C. 271 NOTE] 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. [6 U.S.C. 275] TRANSITION.

(a) References.--With respect to any function transferred by this subt.i.tle to, and exercised on or after the effective date specified in section 455 by, the Director of the Bureau of Citizens.h.i.+p and Immigration Services, any reference in any other Federal law, Executive order, rule, regulation, or delegation of authority, or any doc.u.ment 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 Citizens.h.i.+p and Immigration Services; or (2) to such component is deemed to refer to the Bureau of Citizens.h.i.+p and Immigration Services.

(b) Other Transition Issues.-- (1) Exercise of authorities.--Except as otherwise provided by law, a Federal official to whom a function is transferred by this subt.i.tle 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 personnel.--The personnel of the Department of Justice employed in connection with the functions transferred by this subt.i.tle (and functions that the Secretary determines are properly related to the functions of the Bureau of Citizens.h.i.+p and Immigration Services), and the a.s.sets, 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 subt.i.tle, subject to section 202 of the Budget and Accounting Procedures Act of 1950, shall be transferred to the Director of the Bureau of Citizens.h.i.+p and Immigration Services for allocation to the appropriate component of the Department. Unexpended funds transferred pursuant to this paragraph shall be used only for the purposes for which the funds were originally authorized and appropriated. The Secretary shall have the right to adjust or realign transfers of funds and personnel effected pursuant to this subt.i.tle for a period of 2 years after the effective date specified in section 455.

SEC. 459. [6 U.S.C. 276] 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 Citizens.h.i.+p and Immigration Services, after the transfer of functions specified in this subt.i.tle 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 Citizens.h.i.+p and Immigration Services, the report shall include the following: (1) Any potential savings of resources that may be implemented without affecting the quality of the adjudication.

(2) The goal for processing time with respect to the application.

(3) Any statutory modifications with respect to the adjudication that the Secretary considers advisable.

(c) Consultation.--In carrying out subsection (a), the Secretary shall consult with the Secretary of State, the Secretary of Labor, the a.s.sistant 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. [6 U.S.C. 277] 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 appropriations and in appropriations, that are needed to permit the Immigration and Naturalization Service, and, after the transfer of functions specified in this subt.i.tle takes effect, the Bureau of Citizens.h.i.+p 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 otherwise to ensure the accommodation of changing immigration service needs.

SEC. 461. [6 U.S.C. 278] 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 subsection (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 Processing.-- (1) Online filing.--The Secretary, in consultation with the Technology Advisory Committee established under subsection (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 ''Technology Advisory Committee'') to a.s.sist the Secretary in-- (A) establis.h.i.+ng 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 establis.h.i.+ng 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. [6 U.S.C. 279] 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 subsection (a), the Director of the Office of Refugee Resettlement shall be responsible for-- (A) coordinating and implementing the care and placement 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 considered in decisions and actions relating to the care and custody of an unaccompanied alien child; (C) making placement determinations for all unaccompanied 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 individuals, ent.i.ties, 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 publis.h.i.+ng at least annually a state-by-state list of professionals or other ent.i.ties qualified to provide guardian and attorney representation services for unaccompanied alien children; (J) maintaining statistical information and other data on unaccompanied alien children for whose care and placement 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 Homeland Security, and the Department of State on each department's actions relating to unaccompanied alien children; and (L) conducting investigations and inspections of facilities and other ent.i.ties in which unaccompanied alien children reside.

(2) Coordination with other ent.i.ties; no release on own recognizance.--In making determinations described in paragraph (1)(C), the Director of the Office of Refugee Resettlement-- (A) shall consult with appropriate juvenile justice professionals, the Director of the Bureau of Citizens.h.i.+p and Immigration Services, and the a.s.sistant Secretary of the Bureau of Border Security to ensure that such determinations ensure that unaccompanied alien children described in such subparagraph-- (i) are likely to appear for all hearings or proceedings in which they are involved; (ii) are protected from smugglers, traffickers, or others who might seek to victimize or otherwise engage them in criminal, harmful, or exploitive activity; and (iii) are placed in a setting in which they are not likely to pose a danger to themselves or others; and (B) shall not release such children upon their own recognizance.

(3) Duties with respect to foster care.--In carrying out the duties described in paragraph (1)(G), the Director of the Office of Refugee Resettlement is encouraged to use the refugee children foster care system established pursuant to section 412(d) of the Immigration and Nationality Act (8 U.S.C. 1522(d)) for the placement of unaccompanied alien children.

(c) Rule of Construction.--Nothing in this section may be construed to transfer the responsibility for adjudicating benefit determinations under the Immigration and Nationality Act (8 U.S.C. 1101 et seq.) from the authority of any official of the Department of Justice, the Department of Homeland Security, or the Department of State.

(d) Effective Date.--Notwithstanding section 4, this section shall take effect on the date on which the transfer of functions specified under section 441 takes effect.

(e) References.--With respect to any function transferred by this section, any reference in any other Federal law, Executive order, rule, regulation, or delegation of authority, or any doc.u.ment 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 Office of Refugee Resettlement; or (2) to such component is deemed to refer to the Office of Refugee Resettlement of the Department of Health and Human Services.

(f) Other Transition Issues.-- (1) Exercise of authorities.--Except as otherwise provided by law, a Federal official to whom a function is transferred by this section 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 subsection (d).

(2) Savings provisions.--Subsections (a), (b), and (c) of section 1512 shall apply to a transfer of functions under this section in the same manner as such provisions apply to a transfer of functions under this Act to the Department of Homeland Security.

(3) Transfer and allocation of appropriations and personnel.--The personnel of the Department of Justice employed in connection with the functions transferred by this section, and the a.s.sets, 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 section, subject to section 202 of the Budget and Accounting Procedures Act of 1950, shall be transferred to the Director of the Office of Refugee Resettlement for allocation to the appropriate component of the Department of Health and Human Services. Unexpended funds transferred pursuant to this paragraph shall be used only for the purposes for which the funds were originally authorized and appropriated.

(g) Definitions.--As used in this section-- (1) the term ''placement'' means the placement of an unaccompanied alien child in either a detention facility or an alternative to such a facility; and (2) the term ''unaccompanied alien child'' means a child who-- (A) has no lawful immigration status in the United States; (B) has not attained 18 years of age; and (C) with respect to whom-- (i) there is no parent or legal guardian in the United States; or (ii) no parent or legal guardian in the United States is available to provide care and physical custody.

Subt.i.tle F--General Immigration Provisions