United States Citizenship and Immigration Services Authorization Act
This bill amends the Homeland Security Act of 2002 to: (1) establish, by statute, U.S. Citizenship and Immigration Services within the Department of Homeland Security, and (2) and remove references to the Bureau of Citizenship and Immigration Services.
The Illegal Immigration Reform and Immigrant Responsibility Act of 1996 is amended to make E-Verify, which allows employers to verify an employee's work eligibility, permanent.
The bill maintains the application fee for an intercountry adopted child at the amount that was in effect effect prior to the effective date (i.e., 12/23/2016) of the rule increasing such fee.
[Congressional Bills 115th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2407 Introduced in House (IH)]
<DOC>
115th CONGRESS
1st Session
H. R. 2407
To amend the Homeland Security Act of 2002 to establish United States
Citizenship and Immigration Services, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
May 11, 2017
Mr. Goodlatte introduced the following bill; which was referred to the
Committee on the Judiciary, and in addition to the Committees on
Homeland Security, and Education and the Workforce, for a period to be
subsequently determined by the Speaker, in each case for consideration
of such provisions as fall within the jurisdiction of the committee
concerned
_______________________________________________________________________
A BILL
To amend the Homeland Security Act of 2002 to establish United States
Citizenship and Immigration Services, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``United States Citizenship and
Immigration Services Authorization Act''.
SEC. 2. ESTABLISHMENT OF UNITED STATES CITIZENSHIP AND IMMIGRATION
SERVICES.
Section 451 of the Homeland Security Act of 2002 (6 U.S.C. 271) is
amended to read as follows:
``SEC. 451. ESTABLISHMENT OF UNITED STATES CITIZENSHIP AND IMMIGRATION
SERVICES.
``(a) Establishment.--There is established within the Department an
agency to be known as `United States Citizenship and Immigration
Services'. The mission of United States Citizenship and Immigration
Services is to efficiently adjudicate petitions and applications for
immigration benefits for foreign nationals seeking lawful immigration
status in the United States and for individuals seeking to become
citizens of the United States in a manner that detects and prevents
fraud, protects the jobs and working conditions of American workers,
and ensures the national security and welfare of the American people.
``(b) Director.--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') who shall--
``(1) report directly to the Secretary;
``(2) have at least 5 years of management experience;
``(3) establish the policies and priorities of United
States Citizenship and Immigration Services;
``(4) advise the Secretary of any policy or operation that
affects, in a significant manner, the mission of another
Department component agency;
``(5) carry out the adjudication of immigration and
naturalization benefits applications and petitions within the
Director's statutory authority; and
``(6) carry out further duties prescribed by statute, or as
assigned or delegated by the Secretary, which are within the
statutory authority of United States Citizenship and
Immigration Services.
``(c) Deputy Director.--There shall be a Deputy Director of United
States Citizenship and Immigration Services who shall assist the
Director in carrying out the Director's duties.
``(d) Office of the Chief Counsel.--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 who shall--
``(1) provide specialized legal advice, opinions,
determinations, draft regulations, and other assistance to the
Director with respect to legal matters affecting United States
Citizenship and Immigration Services; and
``(2) represent United States Citizenship and Immigration
Services in visa petition appeal proceedings when applicable.
``(e) Office of Policy and Strategy.--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 who shall--
``(1) develop United States Citizenship and Immigration
Services policy recommendations for the Director;
``(2) develop strategy for policy implementation; and
``(3) carry out additional duties as assigned or delegated
by the Director, which are within the statutory authority of
United States Citizenship and Immigration Services.
``(f) Office of Citizenship.--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 who
shall--
``(1) promote instruction and training on citizenship
responsibilities, as well as assimilation, for eligible aliens
who are interested in becoming naturalized citizens of the
United States; and
``(2) carry out additional duties as assigned or delegated
by the Director, which are within the statutory authority of
United States Citizenship and Immigration Services.
``(g) Fraud Detection and National Security Directorate.--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 seek to prevent immigration benefits from
being granted to individuals who pose a threat to national security or
public safety, or who defraud the immigration system, 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))).
``(h) External Affairs Directorate.--There is established within
United States Citizenship and Immigration Services an External Affairs
Directorate. There shall be at the head of the External Affairs
Directorate an Associate Director who shall--
``(1) oversee and coordinate official United States
Citizenship and Immigration Services communications to both
internal and external audiences, including applicants,
petitioners, and beneficiaries of petitions for immigration
benefits provided by United States Citizenship and Immigration
Services, the legislative branch, and the general public; and
``(2) carry out additional duties as assigned or delegated
by the Director, which are within the statutory authority of
United States Citizenship and Immigration Services.
``(i) Immigration Records and Identity Services Directorate.--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--
``(1) 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 system;
``(2) 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;
``(3) manage the biometric services provided to United
States Citizenship and Immigration Services components;
``(4) manage immigration records and provide information
regarding such records to stakeholders; and
``(5) carry out further duties as assigned or delegated by
the Director, which are within the statutory authority of
United States Citizenship and Immigration Services.
``(j) Field Operations Directorate.--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--
``(1) oversee all United States Citizenship and Immigration
Services field offices;
``(2) oversee the adjudication of immigration benefits and
naturalization applications and petitions, applicant
interviews, naturalization ceremonies, and background checks
for applicants, petitioners, and beneficiaries of petitions for
benefits;
``(3) ensure the integrity of processing that occurs at the
field offices; and
``(4) carry out further duties as assigned or delegated by
the Director, which are within the statutory authority of
United States Citizenship and Immigration Services.
``(k) Refugee, Asylum and International Operations Directorate.--
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--
``(1) oversee refugee application adjudication and
interviews;
``(2) oversee asylum application adjudication and
interviews;
``(3) ensure the integrity of application processing that
occurs under the Refugee, Asylum and International Operations
Directorate's authority; and
``(4) carry out further duties as assigned or delegated by
the Director, which are within the statutory authority of
United States Citizenship and Immigration Services.
``(l) Service Center Operations Directorate.--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--
``(1) oversee and manage the United States Citizenship and
Immigration Services Service Centers responsible for
adjudicating petitions that do not require applicant
interviews;
``(2) ensure the integrity of processing that occurs at the
Service Centers; and
``(3) carry out further duties as assigned or delegated by
the Director, which are within the statutory authority of
United States Citizenship and Immigration Services.
``(m) Management Directorate.--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 carry out management duties as assigned or delegated
by the Director, which are within the statutory authority of United
States Citizenship and Immigration Services.
``(n) Office of Professional Responsibility.--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--
``(1) ensure compliance with all United States Citizenship
and Immigration Services programs and policies relating to
corruption, misconduct, or mismanagement;
``(2) investigate allegations of misconduct involving
officials or employees of United States Citizenship and
Immigration Services; and
``(3) carry out further duties as assigned or delegated by
the Director, which are within the statutory authority of
United States Citizenship and Immigration Services.
``(o) Authority To Establish Additional Offices.--The Director may
establish other offices, directorates, and officers, including
Associate Directors, as the Director determines necessary to carry out
the duties of United States Citizenship and Immigration Services, which
are within the statutory authority of United States Citizenship and
Immigration Services.''.
SEC. 3. ADMINISTRATIVE APPEALS.
Not later than one year after the date of the enactment of this
Act, all appellate functions of United States Citizenship and
Immigration Services shall be carried out by the Secretary of Homeland
Security, who shall establish a component within the Department of
Homeland Security to carry out such functions.
SEC. 4. REPEALED PROVISIONS.
Sections 459, 460, and 461 of the Homeland Security Act of 2002 (6
U.S.C. 276, 277, and 278) are repealed.
SEC. 5. CONFORMING AND CLERICAL AMENDMENTS.
(a) Conforming Amendments.--
(1) Immigration and nationality act.--The Immigration and
Nationality Act (8 U.S.C. 1101) is amended by striking ``the
Bureau of Citizenship and Immigration Services'' each place it
appears and inserting ``United States Citizenship and
Immigration Services''.
(2) Homeland security act of 2002.--The Homeland Security
Act of 2002 (6 U.S.C. 101) is amended by striking ``the Bureau
of Citizenship and Immigration Services'' each place it appears
and inserting ``United States Citizenship and Immigration
Services''.
(3) Title 5.--Section 5314 of title 5, United States Code,
is amended by striking ``the Bureau of Citizenship and
Immigration Services'' and inserting ``United States
Citizenship and Immigration Services''.
(4) Inspector general act of 1978.--Subsection (e) of
section 8I of the Inspector General Act of 1978 (5 U.S.C. App.
8I) is amended by striking ``the Bureau of Citizenship and
Immigration Services'' and inserting ``United States
Citizenship and Immigration Services''.
(b) Clerical Amendments.--The table of contents in section 1(b) of
the Homeland Security Act of 2002 is amended--
(1) by striking the item relating to section 451 and
inserting the following:
``451. Establishment of United States Citizenship and Immigration
Services.'';
and
(2) by striking the items relating to sections 459, 460,
and 461.
SEC. 6. E-VERIFY PERMANENT AUTHORIZATION.
Subsection (b) of section 401 of the Illegal Immigration Reform and
Immigrant Responsibility Act of 1996 (8 U.S.C. 1324a note) is amended
by striking the last sentence.
SEC. 7. TRANSPARENCY.
(a) In General.--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.
(b) Improper Activities.--Activities that constitute preferential
treatment under subsection (a) shall include--
(1) 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
(2) 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.
(c) Reporting of Communications.--
(1) Written communication.--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).
(2) Oral communication.--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)--
(A) the conversation shall be recorded; or
(B) detailed minutes of the session shall be taken
and included in the record of proceeding.
(3) Notification.--
(A) In general.--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--
(i) the affected party has been given
notice of such evidence; and
(ii) if such evidence is derogatory, the
affected party has been given an opportunity to
respond to the evidence.
(B) Information from law enforcement, intelligence
agencies, or confidential sources.--
(i) Law enforcement or intelligence
agencies.--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.
(ii) Whistleblowers, confidential sources,
or intelligence agencies.--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.
(d) Consideration of Evidence.--
(1) In general.--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.
(2) Waiver.--The Director may waive the requirement under
paragraph (1) only in the interests of national security or for
investigative or law enforcement purposes.
(e) Penalty.--
(1) In general.--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).
(2) Sanctions.--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.
(f) Rule of Construction.--Nothing in this section may be construed
to modify any law regarding the handling or disclosure of classified
information.
(g) No Creation of Private Right of Action.--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.
SEC. 8. FEE FOR INTERNATIONAL ADOPTION.
In the case of the rule related to the United States Citizenship
and Immigration Services Fee Schedule published on October 24, 2016 (81
Fed. Reg. 73292), any provision of that rule that pertains to the fee
provided for the Application for Certificate of Citizenship, Forms N-
600/600K shall have no effect in the case of an application filed on
behalf of an adopted child, and the applicable fee for such application
shall remain the fee in effect prior to the effective date of the rule.
United States Citizenship and Immigration Services shall refund any fee
paid prior to the date of the enactment of this Act for an application
filed on behalf of an adopted child pursuant to the fee schedule
published on October 24, 2016, to the extent that the amount paid
exceeded the amount of such fee prior to the effective date of the rule
described in the previous sentence.
<all>
Introduced in House
Introduced in House
Referred to the Committee on the Judiciary, and in addition to the Committees on Homeland Security, and Education and the Workforce, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
Referred to the Committee on the Judiciary, and in addition to the Committees on Homeland Security, and Education and the Workforce, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
Referred to the Committee on the Judiciary, and in addition to the Committees on Homeland Security, and Education and the Workforce, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
Referred to the Committee on the Judiciary, and in addition to the Committees on Homeland Security, and Education and the Workforce, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
Referred to the Subcommittee on Immigration and Border Security.
Referred to the Subcommittee on Border and Maritime Security.
Committee Consideration and Mark-up Session Held.
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Committee Consideration and Mark-up Session Held.
Ordered to be Reported (Amended) by the Yeas and Nays: 14 - 10.