Sec. 3002. Establishment of United States Citizenship and Immigration Services
2,128 words·~10 min read·
/bill/115/hr/2825/rs/section-3002·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
Section 451 of the Homeland Security Act of 2002 ( 6 U.S.C. 271 ) is amended to read as follows: There is established within the Department an agency to be known as United States Citizenship and Immigration Services . There shall be at the head of United States Citizenship and Immigration Services a Director of United States Citizenship and Immigration Services (in this section referred to as the Director ). The Director shall— have at least 5 years of management experience; establish the policies and priorities of United States Citizenship and Immigration Services; advise the Secretary of any policy or operation that affects, in a significant manner, the mission of another Department component; meet regularly with the U.S.
Citizenship and Immigration Services Ombudsman (established in section 452). carry out— the adjudication of immigrant and nonimmigrant visa applications and petitions; the adjudication of naturalization applications; the adjudication of asylum and refugee applications; adjudications performed at service centers; and all other adjudications formerly performed pursuant to this section by the Immigration and Naturalization Service or the Bureau of Citizenship and Immigration Services, on the day before the date of the enactment of the United States Citizenship and Immigration Services Authorization Act; and carry out other duties and powers prescribed by law or delegated by the Secretary.
There shall be a Deputy Director of United States Citizenship and Immigration Services who shall assist the Director in managing United States Citizenship and Immigration Services and who shall assist the Director in carrying out the Directors duties. There is established within United States Citizenship and Immigration Services an Office of the Chief Counsel. There shall be at the head of the Office of the Chief Counsel a Chief Counsel. The Office of the Chief Counsel shall— provide specialized legal advice, opinions, determinations, and other assistance to the Director with respect to legal matters affecting United States Citizenship and Immigration Services; represent United States Citizenship and Immigration Services in visa petition appeal proceedings when applicable; and carry out other duties and powers prescribed by law or delegated by the Director.
There is established within United States Citizenship and Immigration Services an Office of Policy and Strategy. There shall be at the head of the Office of Policy and Strategy a Chief. The Office of Policy and Strategy shall— develop policy recommendations for the Director; coordinate strategy for policy implementation; and carry out other duties and powers prescribed by law or delegated by the Director. There is established within United States Citizenship and Immigration Services an Office of Citizenship.
There shall be at the head of the Office of Citizenship a Chief. The Office of Citizenship shall— promote instruction and training on citizenship responsibilities, as well as assimilation and civic integration, for eligible aliens who are interested in becoming naturalized citizens of the United States; and carry out other duties and powers prescribed by law or delegated by the Director. There is established within United States Citizenship and Immigration Services a Fraud Detection and National Security Directorate.
There shall be at the head of the Fraud Detection and National Security Directorate an Associate Director who shall report to the Director. The Fraud Detection and National Security Directorate Office of Citizenship shall in a manner that is consistent with the immigration laws (as such term is defined in section 101(a)(17) of the Immigration and Nationality Act ( 8 U.S.C. 1101(a)(17) ))— seek to prevent immigration benefits from being granted to individuals who pose a threat to national security or public safety; seek to prevent immigration benefits from being granted to individuals who defraud the immigration system; conduct security and background investigations of applicants for immigration benefits and develop systems and techniques for identifying and preventing immigration benefits fraud; investigate and refer to U.S.
Immigration and Customs Enforcement, where appropriate, incidents of known or suspected fraud; and carry out other duties and powers prescribed by law or delegated by the Director. There is established within United States Citizenship and Immigration Services an Immigration Records and Identity Services Directorate. There shall be at the head of the Immigration Records and Identity Services Directorate an Associate Director who shall report to the Director. The Immigration Records and Identity Services Directorate shall— manage the operation of an employment eligibility verification system as provided for by section 404 of the Illegal Immigration and Immigrant Responsibility Act of 1996 (U.S.C. 1324a note) or any successor provision; manage the operation of the Systematic Alien Verification for Entitlements Program, or its successor program, designed to assist Federal, State, and local benefit-issuing agencies, institutions, and licensing agencies in determining the immigration status of benefit applicants so only those legally entitled to benefits receive them; manage the biometric services, including the collection and dissemination of biometric information, provided to United States Citizenship and Immigration Services components; manage immigration records and provide information regarding such records to stakeholders; and carry out other duties and powers prescribed by law or delegated by the Director.
There is established within United States Citizenship and Immigration Services a Field Operations Directorate. There shall be at the head of the Field Operations Directorate an Associate Director who shall report to the Director. The Field Operations Directorate shall— oversee all field offices; oversee the adjudication of immigration benefits applications and petitions, and naturalization applications; conduct interviews for pending immigration benefits applications and petitions; conduct naturalization ceremonies; conduct required security and background security checks for pending applications and petitions; ensure the integrity of immigration benefit processing that occurs at the field offices; and carry out other duties and powers prescribed by law or delegated by the Director.
There is established within United States Citizenship and Immigration Services a Refugee, Asylum, and International Operations Directorate. There shall be at the head of the Refugee, Asylum, and International Operations Directorate an Associate Director who shall report to the Director. The Refugee, Asylum, and International Operations Directorate shall— oversee refugee application adjudication and interviews; oversee asylum application adjudication and interviews; seek to ensure the integrity of application processing that occurs under the Refugee, Asylum and International Operations Directorate’s authority; perform other authorized functions of United States Citizenship and Immigration Services outside of the United States, such as those associated with international adoptions and naturalization of members the Armed Forces; and carry out other duties and powers prescribed by law or delegated by the Director.
There is established within United States Citizenship and Immigration Services a Service Center Operations Directorate. There shall be at the head of the Service Center Operations Directorate an Associate Director who shall report to the Director. The Service Center Operations Directorate shall— oversee and manage all Service Centers; oversee the adjudication of immigration benefit applications and petitions that occur at Service Centers; seek to ensure the integrity of immigration benefits processing that occurs at the Service Centers; and carry out other duties and powers prescribed by law or delegated by the Director.
There is established within United States Citizenship and Immigration Services a Management Directorate. There shall be at the head of the Management Directorate an Associate Director who shall report to the Director. The Management Directorate shall carry out management duties and powers prescribed by law or delegated by the Director. There is established within United States Citizenship and Immigration Services an Office of Professional Responsibility. There shall be at the head of the Office of Professional Responsibility a Chief who shall report to the Director.
The Office of Professional Responsibility shall— seek to ensure compliance with all United States Citizenship and Immigration Services programs and policies relating to corruption, misconduct, or mismanagement; investigate allegations of administrative, civil, and criminal misconduct involving any employee or contractor of United States Citizenship and Immigration Services; and carry out other duties and powers prescribed by law or delegated by the Director. The Secretary may establish such other Associate Directors, or other similar positions or officials, as the Secretary determines necessary to carry out the missions, duties, functions, and authorities of United States Citizenship and Immigration Services.
If the Secretary exercises the authority provided pursuant to paragraph (1), the Secretary shall notify the Committee on the Judiciary and the Committee on Homeland Security of the House of Representatives and the Committee on the Judiciary and the Committee on Homeland Security and Governmental Affairs of the Senate not later than 30 days prior to the exercise of such authority. . Section 451 of the Homeland Security Act of 2002 ( 6 U.S.C. 271 ), as amended by subsection
(a)of this section, shall be treated as if included in such Act as of the date of the enactment of such Act. In addition to the functions, missions, duties, and authorities specified in such amended section 451, United States Citizenship and Immigration Services shall continue to perform and carry out the functions, missions, duties, and authorities under section 451 of such Act as in existence on the day before such date of enactment (notwithstanding the treatment described in this paragraph). Notwithstanding the treatment described in paragraph (1), nothing in this division may be construed as affecting in any manner any rule or regulation issued or promulgated pursuant to any provision of law, including section 451 of the Homeland Security Act of 2002 ( 6 U.S.C. 271 ), as in existence on the day before the date of the enactment of this division, and any such rule or regulation shall continue to have full force and effect on and after such date. Notwithstanding the treatment described in paragraph (1), nothing in this division may be construed as affecting in any manner any action, determination, policy, or decision pursuant to section 451 of the Homeland Security Act of 2002 ( 6 U.S.C. 271 ) as in existence on the day before the date of the enactment of this division, and any such action, determination, policy, or decision shall continue to have full force and effect on and after such date. The individual serving as Director of United States Citizenship and Immigration Services on the day before the date of the enactment of this division may, notwithstanding the treatment provision under paragraph
(1)of subsection (b), continue to serve as the Director of United States Citizenship and Immigration Services on and after such date of enactment in accordance with section 451 of the Homeland Security Act of 2002 ( 6 U.S.C. 271 ), as amended by subsection
(a)of this section, until the earlier of— the date on which such individual is no longer eligible to serve as Director; or the date on which a person nominated by the President to be the Director is confirmed by the Senate in accordance with such amended section 451. The individuals serving as Chiefs, Associate Directors and other officers and officials under section 451 of the Homeland Security Act of 2002 ( 6 U.S.C. 271 ) on the day before the date of the enactment of this division may, notwithstanding the treatment provision under paragraph
(1)of subsection (b), serve as the appropriate Chiefs, Assistant Directors and other officers and officials under such section 451 as amended by subsection
(a)of this section unless the Director of United States Citizenship and Immigration Services determines that another individual should hold such position. Section 5314 of title 5, United States Code, is amended by striking Director of the Bureau of Citizenship and Immigration Services and inserting Director of United States Citizenship and Immigration Services, Department of Homeland Security . On and after the date of the enactment of this division, any reference in any other Federal law, Executive order, rule, regulation, or delegation of authority to the Director of the Bureau of Citizenship and Immigration Services or the Bureau of Citizenship and Immigration Services shall be deemed to be a reference to the Director of United States Citizenship and Immigration Services or United States Citizenship and Immigration Services, respectively. Section 454 of the Homeland Security Act of 2002 is amended to read as follows: Notwithstanding any other provision of law, the Secretary may impose disciplinary action on any employee of United States Citizenship and Immigration Services who knowingly deceives Congress or agency leadership on any matter. . Section 471 of the Homeland Security Act of 2002 is amended to read as follows: The authority provided by section 1502 may be used to reorganize functions or organizational units within U.S. Immigration and Customs Enforcement or United States Citizenship and Immigration Services, but may not be used to combine the two components into a single agency or otherwise to combine, join, or consolidate functions or organizational units of the two components with each other. . The table of contents in section 1(b) of the Homeland Security Act of 2002 is amended by amending the item relating to section 471 to read as follows: Sec. 471. Combination prohibition. .
Connectionstraces to 2
Traces to 2 documents
Citation graph
cites case law
Cites 2Cited by 0 across 0 sources