Sec. 7. Transparency

734 words·~3 min read·/bill/115/hr/2407/ih/section-7

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

Officials and employees of United States Citizenship and Immigration Services shall act impartially and may not give preferential treatment to any entity, organization, or individual in connection with the adjudication of any immigration benefit under the authority of United States Citizenship and Immigration Services. Activities that constitute preferential treatment under subsection

(a)shall include— working on, or in any way attempting to influence, in a manner not available to or accorded to all other petitioners, applicants, and seekers of benefits, the adjudication of immigration benefits under the authority of United States Citizenship and Immigration Services; and meeting or communicating with persons associated with the entities described in paragraph (1), at the request of such persons, in a manner not available to or accorded to all other petitioners, applicants, or seekers of benefits, regarding the adjudication of immigration benefits under the authority of United States Citizenship and Immigration Services. Employees of United States Citizenship and Immigration Services shall include, in the record of proceeding for a case under the authority of United States Citizenship and Immigration Services, actual or electronic copies of all case-specific written communication, including e-mails, from government and private accounts, with non-Department persons or entities advocating for benefit applications or petitions under the authority of United States Citizenship and Immigration Services that are pending on or after the date of the enactment of this Act (other than routine communications with other agencies of the Federal Government regarding the case, including communications involving background checks and litigation defense). If substantive oral communication, including telephonic communication, virtual communication, and in-person meetings, takes place between officials of United States Citizenship and Immigration Services and non-Department persons or entities advocating for benefit applications or petitions under the authority of United States Citizenship and Immigration Services that are pending on or after the date of the enactment of this Act (other than routine communications with other agencies of the Federal Government regarding the case, including communications involving background checks and litigation defense)— the conversation shall be recorded; or detailed minutes of the session shall be taken and included in the record of proceeding. If the Director of United States Citizenship and Immigration Services, in the course of written or oral communication described in this subsection, receives evidence about a specific case from anyone other than an affected party or his or her representative (excluding Federal Government or law enforcement sources), such information may not be made part of the record of proceeding and may not be considered in adjudicative proceedings unless— the affected party has been given notice of such evidence; and if such evidence is derogatory, the affected party has been given an opportunity to respond to the evidence. Evidence received from law enforcement or intelligence agencies may not be made part of the record of proceeding without the consent of the relevant agency or law enforcement entity. Evidence received from whistleblowers, other confidential sources, or the intelligence community that is included in the record of proceeding and considered in adjudicative proceedings shall be handled in a manner that does not reveal the identity of the whistleblower or confidential source, or reveal classified information. No case-specific communication with persons or entities that are not part of the Department of Homeland Security may be considered in the adjudication of an application or petition under the authority of United States Citizenship and Immigration Services unless the communication is included in the record of proceeding of the case. The Director may waive the requirement under paragraph

(1)only in the interests of national security or for investigative or law enforcement purposes. Any person who intentionally violates the prohibition on preferential treatment under this section or intentionally violates the reporting requirements under subsection

(c)shall be disciplined in accordance with paragraph (2). Not later than 90 days after the date of the enactment of this Act, the Director shall establish a graduated set of sanctions based on the severity of the violation referred to in paragraph (1), which may include, in addition to any criminal or civil penalties that may be imposed, written reprimand, suspension, demotion, or removal, as permitted by statute. Nothing in this section may be construed to modify any law regarding the handling or disclosure of classified information. Nothing in this section may be construed to create or authorize a private right of action to challenge a decision of an employee of the Department of Homeland Security.