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§ 271. Establishment of Bureau of Citizenship and Immigration Services

Version history — every release point where this text changed

Release point 113-21 · current through 07/18/2013

§ 271.

Establishment of Bureau of Citizenship 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 Citizenship and Immigration 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 chapter 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 policies and priorities;

(E)

shall meet regularly with the Ombudsman described in section 272 of this title 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 455,1

1 See References in Text note below.
the Director of the Bureau of Citizenship 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 classified, in accordance with chapter 51 of title 5, 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 455,1 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 Citizenship 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 1573(a) of title 8. 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 subchapter XII of this chapter (relating to transition provisions), there are transferred from the Commissioner of Immigration and Naturalization 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 functions immediately before the effective date specified in section 455: 1

(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 455.1

(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 Immigration 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—

(A)

providing specialized legal advice, opinions, determinations, 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 responsible for—

(i)

formulating and executing the budget of the Bureau of Citizenship and Immigration Services;

(ii)

financial management of the Bureau of Citizenship and Immigration Services; and

(iii)

collecting all payments, fines, and other debts for the Bureau of Citizenship and Immigration Services.

(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 citizenship responsibilities for aliens interested in becoming naturalized citizens of the United States, including the development of educational materials.

(g)

Office of the FBI Liaison

(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 assist 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 1439 or 1440 of title 8;

(B)

current spouses of United States citizens who are currently serving on active duty in the Armed Forces, who qualify for naturalization under section 1430(b) of title 8, and surviving spouses and children who qualify for naturalization under section 1430(d) of title 8; or

(C)

a deceased individual who is eligible for posthumous citizenship under section 1440–1 of title 8.

(3)

Authorization of appropriations

There are authorized to be appropriated such sums as may be necessary to carry out this subsection.

Source (Pub. L. 107–296, title IV, § 451,
Nov. 25, 2002
, 116 Stat. 2195; Pub. L. 110–382, § 2(a),
Oct. 9, 2008
, 122 Stat. 4087.)
Notes

Amendment of Section

For termination of amendment by section 4 of Pub. L. 110–382, see Termination Date of 2008 Amendment note below.

References in Text

This chapter, referred to in subsec. (a)(3)(A), was in the original “this Act”, meaning Pub. L. 107–296,
Nov. 25, 2002
, 116 Stat. 2135, known as the Homeland Security Act of 2002, which is classified principally to this chapter. For complete classification of this Act to the Code, see Short Title note set out under section 101 of this title and Tables.
For the effective date specified in section 455, referred to in subsecs. (a)(4) and (b), see Effective Date note below.

Amendments

2008—Subsec. (g). Pub. L. 110–382, §§ 2(a), 4, temporarily added subsec. (g). See Termination Date of 2008 Amendment note below.

Change of Name

Bureau of Border Security, referred to in subsecs. (a)(2)(C), (3)(C), and (c)(2)(B), changed to Bureau of Immigration and Customs Enforcement by Reorganization Plan Modification for the Department of Homeland Security, eff.
Mar. 1, 2003
, H. Doc. No. 108–32, 108th Congress, 1st Session, set out as a note under section 542 of this title.

Termination Date of 2008 Amendment

Pub. L. 110–382, § 4,
Oct. 9, 2008
, 122 Stat. 4089, provided that:
“This Act [amending this section and section 1439 of Title 8, Aliens and Nationality, and enacting provisions set out as notes under this section and section 1101 of Title 8] 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 [
Oct. 9, 2008
].”

Effective Date

Pub. L. 107–296, title IV, § 455,
Nov. 25, 2002
, 116 Stat. 2200, provided that:
“Notwithstanding section 4 [enacting provisions set out as a note under section 101 of this title], sections 451 through 456 [enacting this section and sections 272 to 275 of this title], and the amendments made by such sections, shall take effect on the date on which the transfer of functions specified under section 441 [enacting section 251 of this title] takes effect.”
[For date on which transfer of functions specified under section 441 takes effect, see section 251 of this title and Department of Homeland Security Reorganization Plan,
Nov. 25, 2002
, set out as a note under section 542 of this title.]

Rulemaking

Pub. L. 110–382, § 2(b),
Oct. 9, 2008
, 122 Stat. 4087, provided that:
“Not later than 180 days after the date of the enactment of this Act [
Oct. 9, 2008
], the Secretary of Homeland Security, in consultation with the Attorney General, shall promulgate rules to carry out the amendment made by subsection (a) [amending this section].”
[Pub. L. 110–382, § 4,
Oct. 9, 2008
, 122 Stat. 4089, provided that section 2(b) of Pub. L. 110–382, set out as a note above, is repealed 5 years after
Oct. 9, 2008
.]

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