[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.
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