§ 271. Establishment of Bureau of Citizenship and Immigration Services

Footnotes

1. 1 See References in Text note below.
2. 2 So in original. There is no subpar. (B).

Legislative history

Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.

1. 2002

   Homeland Security Act of 2002

   Pub. L. 107–296 title IV § 451 · 116 Stat. 2135

   Enacted · 6 U.S.C. § 271

   Pub. L. 107–296, title IV, § 451, Nov. 25, 2002, 116 Stat. 2195

   Source evidence

   Code source credit
   Pub. L. 107–296, title IV, § 451, Nov. 25, 2002, 116 Stat. 2195

   Enacted provision · exact public law section
   SEC. 451. 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 Act 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; (F) shall meet regularly with the Ombudsman described in section 452 to correct serious service problems identified by the Ombudsman; and 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, 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, United States Code, 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, 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 204(a) of the Immigration Services and Infrastructure Improvements Act of 2000 (8 U.S.C. 1573(a)). 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 title XV (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) 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. (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.

2. 2008

   Military Personnel Citizenship Processing Act

   Pub. L. 110–382 § 2(a) · 122 Stat. 4087

   Added · 6 U.S.C. § 271(g)

   Pub. L. 110–382, §§ 2(a), 4, temporarily added subsec. (g) which established an Office of the FBI Liaison in the Department of Homeland Security, defined its functions, and authorized appropriations. See Termination Date of 2008 Amendment note below

   Source evidence

   Code amendment note
   Subsec. (g). Pub. L. 110–382, §§ 2(a), 4, temporarily added subsec. (g) which established an Office of the FBI Liaison in the Department of Homeland Security, defined its functions, and authorized appropriations. See Termination Date of 2008 Amendment note below.

   Enacted provision · exact public law section
   (a) Establishment.— Section 451 of the Homeland Security Act of 2002 (6 U.S.C. 271) is amended by adding at the end the following: “(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 328 or 329 of the Immigration and Nationality Act (8 U.S.C. 1439 and 1440); “(B) current spouses of United States citizens who are currently serving on active duty in the Armed Forces, who qualify for naturalization under section 319(b) of the Immigration and Nationality Act (8 U.S.C. 1430(b)), and surviving spouses and children who qualify for naturalization under section 319(d) of such Act; or “(C) a deceased individual who is eligible for posthumous citizenship under section 329A of the Immigration and Nationality Act (8 U.S.C. 1440–1). “(3) Authorization of appropriations.— There are authorized to be appropriated such sums as may be necessary to carry out this subsection.” .

2 of 2 references resolved to an enrolled provision