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6 U.S.C. § 271Establishment of Bureau of Citizenship and Immigration Services

submitted 24 years ago by Pub. L. 107-296 to r/title-6-DOMESTIC-SECURITY · 882 words · no verdicts yet

in plain englishAI-generated · not legal advice

This law creates the Bureau of Citizenship and Immigration Services inside the Department. A Director leads it and reports to the Deputy Secretary. The Bureau takes over immigration benefit decisions, like visas, naturalization, and asylum, from the old Immigration and Naturalization Service.

(a) Establishment of Bureau. (1) In general: the Department gets a new bureau, the "Bureau of Citizenship and Immigration Services." (2) Director: the Bureau is led by a Director, who reports directly to the Deputy Secretary, must have at least 5 years of management experience, and is paid at the same level as the Assistant Secretary of the Bureau of Border Security. (3) Functions: the Director sets policy for the functions transferred to the Director by this section or otherwise given to the Director by law, oversees how those policies are carried out, and advises the Deputy Secretary on any Bureau policy or operation that might affect the Bureau of Border Security — including conflicts between the two. The Director also sets national immigration-services policies and priorities, meets regularly with the Ombudsman described in section 272 to fix serious service problems the Ombudsman finds, and must set up a process for formally responding, within 3 months, to recommendations in the Ombudsman's annual report to Congress. (4) Managerial rotation program: (A) within 1 year of the effective date in section 455, the Director must design and start a program rotating GS-14-and-above supervisors and managers through the Bureau's major functions, including working in at least one field office and one service center. (B) Within 2 years of that effective date, the Secretary must report to Congress on how the program is going. (5) Pilot initiatives for backlog elimination: the Director can run pilot programs to eliminate and prevent backlogs in processing immigration benefit applications, under section 1573(a) of title 8 — for example, by adding staff, shifting staff to the biggest backlogs, or cutting paperwork. (b) Transfer of functions from Commissioner. As part of the transition rules in subchapter XII, several functions move from the Commissioner of Immigration and Naturalization to the Director of the Bureau of Citizenship and Immigration Services — along with all the personnel, infrastructure, and funding that supported them right before the effective date in section 455. The functions are: (1) deciding immigrant visa petitions; (2) deciding naturalization petitions; (3) deciding asylum and refugee applications; (4) decisions made at service centers; and (5) every other decision the Immigration and Naturalization Service was making immediately before that effective date. (c) Chief of Policy and Strategy. (1) The Bureau gets a Chief of Policy and Strategy position. (2) Working with Bureau staff in field offices, this Chief makes policy recommendations and does policy research and analysis on immigration-services issues, and coordinates on immigration policy with the Chief of Policy and Strategy for the Bureau of Border Security. (d) Legal advisor. (1) The Bureau's Director gets a principal legal advisor. (2) That advisor gives the Director specialized legal advice, opinions, determinations, regulations, and other help on legal matters affecting the Bureau, and represents the Bureau in visa-petition appeals before the Executive Office for Immigration Review. (e) Budget Officer. (1) The Bureau gets a Budget Officer. (2) That officer formulates and carries out the Bureau's budget, handles its financial management, and collects all payments, fines, and other debts owed to the Bureau. (f) Chief of Office of Citizenship. (1) The Bureau gets a Chief of the Office of Citizenship. (2) That Chief is responsible for promoting instruction and training on citizenship responsibilities for immigrants who want to become naturalized citizens, including developing educational materials.
the actual law source: uscode.house.gov ↗public domain
(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 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 (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)2 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.

Source credit: (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.)

history & why it existsrecord from the source credit
  • 2002Enacted · Pub. L. 107-296 · 116 Stat. 2195
  • 2008Amended · Pub. L. 110-382 · 122 Stat. 4087

A history note hasn’t been published yet. The record shows enactment by Pub. L. 107-296 on 2002-11-25.

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