6 U.S.C. § 272 — Citizenship and Immigration Services Ombudsman

(a) In general — The Department must have a position called the Citizenship and Immigration Services Ombudsman. The Ombudsman reports directly to the Deputy Secretary and must have a background in both customer service and immigration law. (b) Functions — The Ombudsman's job is to: (1) help individuals and employers resolve problems with the Bureau of Citizenship and Immigration Services; (2) identify areas where individuals and employers have problems dealing with the Bureau; and (3) where possible, propose changes to the Bureau's administrative practices to fix those problems. (c) Annual reports (1) Objectives — By June 30 of each year, the Ombudsman must report to the House and Senate Judiciary Committees on the Ombudsman's objectives for the coming fiscal year. The report must contain real analysis, not just statistics, and must (A) identify the Ombudsman's recommendations for improving the Bureau's service and responsiveness; (B) summarize the most common and serious problems people and employers face, describing their nature; (C) list which of those problems have had action taken and the results; (D) list which are still being worked on, and how long each has remained open; (E) list which have had no action taken at all, how long each has remained open, why, and which Bureau official is responsible for the inaction; (F) recommend administrative fixes, including for backlogs in processing immigration applications and petitions; and (G) include any other information the Ombudsman thinks is useful. (2) Report to be submitted directly — Each report goes straight to the committees, without any prior comment or edits from the Secretary, Deputy Secretary, the Bureau's Director, or any other official in the Department or the Office of Management and Budget. (d) Other responsibilities — The Ombudsman must: (1) monitor how local Ombudsman offices are spread across the country geographically; (2) create guidance for all Bureau officers and employees explaining when to refer inquiries to local Ombudsman offices; (3) make sure each local office's phone number is published and available to the individuals and employers it serves; and (4) meet regularly with the Bureau's Director to identify serious service problems and present recommendations to fix them. (e) Personnel actions (1) The Ombudsman has the authority to (A) appoint local ombudsmen, with at least one available for every state, and (B) evaluate and take personnel actions — including firing — against any employee of a local Ombudsman office. (2) The Ombudsman may consult with the appropriate Bureau supervisors while carrying out these responsibilities. (f) Responsibilities of Bureau of Citizenship and Immigration Services — The Bureau's Director must set up procedures requiring a formal response, within three months, to every recommendation the Ombudsman submits. (g) Operation of local offices (1) Each local ombudsman must: (A) report to the national Ombudsman or that person's delegate; (B) may consult with appropriate Bureau supervisors about the local office's daily operations; (C) must, at the first meeting with anyone seeking help, tell that individual or employer that local offices operate independently of the rest of the Department and report directly to Congress through the Ombudsman; and (D) may, at the local ombudsman's own discretion, choose not to disclose to the Bureau that a particular person or employer made contact, or what information they provided. (2) Maintenance of independent communications — Each local office must maintain its own phone, fax, and other electronic communication access, plus its own mailing address, separate from the Bureau's or any part of the Bureau's.