[Congressional Bills 115th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2752 Introduced in House (IH)]

<DOC>






115th CONGRESS
  1st Session
                                H. R. 2752

 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 26, 2017

  Mr. Higgins of Louisiana (for himself, Mr. McCaul, and Mr. Garrett) 
 introduced the following bill; which was referred to the Committee on 
 Homeland Security, and in addition to the Committee on the Judiciary, 
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.

    (a) In General.--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.
    ``(b) Director of 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').
    ``(c) Duties and Qualifications.--The Director shall--
            ``(1) have a minimum of five years of management 
        experience;
            ``(2) establish national immigration services policies and 
        priorities;
            ``(3) meet regularly with the Citizenship and Immigration 
        Services Ombudsman (established in section 452) to correct 
        serious problems identified by such Ombudsman;
            ``(4) advise the Secretary with respect to any policy or 
        operation of United States Citizenship and Immigration Services 
        that may significantly affect another component or office of 
        the Department;
            ``(5) carry out--
                    ``(A) the adjudication of nonimmigrant and 
                immigrant visa petitions;
                    ``(B) the adjudication of naturalization 
                applications;
                    ``(C) the adjudication of asylum and refugee 
                applications;
                    ``(D) adjudications performed at United States 
                Citizenship and Immigration Services service centers; 
                and
                    ``(E) all other adjudications formerly performed 
                pursuant to this section by the Immigration and 
                Naturalization Service, the Bureau of Citizenship and 
                Immigration Services, or United States Citizenship and 
                Immigration Services, as the case may be, on the day 
                before the date of the enactment of the United States 
                Citizenship and Immigration Services Authorization Act; 
                and
            ``(6) carry out other duties and powers prescribed by law 
        or delegated by the Secretary.
    ``(d) Deputy Director.--There shall be in United States Citizenship 
and Immigration Services a Deputy Director, who shall assist the 
Director in the management of United States Citizenship and Immigration 
Services.
    ``(e) Chief Counsel.--There shall be in United States Citizenship 
and Immigration Services a Chief Counsel, who shall--
            ``(1) provide specialized legal advice, opinions, 
        determinations, regulations, and any other assistance to the 
        Director with respect to legal matters affecting United States 
        Citizenship and Immigration Services;
            ``(2) represent United States Citizenship and Immigration 
        Services in visa petition appeal proceedings before the 
        Executive Office for Immigration Review; and
            ``(3) carry out other duties and powers prescribed by the 
        Secretary.
    ``(f) Chief of Policy and Strategy.--There shall be in United 
States Citizenship and Immigration Services a Chief of Policy and 
Strategy, who shall--
            ``(1) make policy recommendations and perform policy 
        research and analysis on immigration services issues;
            ``(2) coordinate immigration policy issues with other 
        appropriate components and offices of the Department; and
            ``(3) carry out other duties and powers prescribed by the 
        Secretary.
    ``(g) Office of Citizenship.--
            ``(1) In general.--There is established in United States 
        Citizenship and Immigration Services the Office of Citizenship.
            ``(2) Chief.--There shall be at the head of the Office of 
        Citizenship a Chief, who shall report to the Director.
            ``(3) Duties.--The Chief of the Office of Citizenship 
        shall--
                    ``(A) promote instruction and training on 
                citizenship responsibilities, including the development 
                of education materials and develop initiatives to 
                foster the civic integration of immigrants, for aliens 
                interested in becoming naturalized citizens of the 
                United States; and
                    ``(B) carry out other duties and powers prescribed 
                by the Director.
    ``(h) Fraud Detection and National Security Directorate.--
            ``(1) In general.--There is established in United States 
        Citizenship and Immigration Services a Fraud Detection and 
        National Security Directorate.
            ``(2) Associate director.--There shall be at the head of 
        the Fraud Detection and National Security Directorate an 
        Associate Director, who shall report to the Director.
            ``(3) Duties.--The Associate Director of the Fraud 
        Detection and National Security Directorate shall--
                    ``(A) ensure immigration benefits are not granted 
                to individuals who--
                            ``(i) pose a threat to national security or 
                        public safety;
                            ``(ii) are known or suspected terrorists; 
                        or
                            ``(iii) seek to defraud the immigration 
                        system of the United States;
                    ``(B) conduct security and background 
                investigations of applicants for immigration benefits 
                and develop systems and techniques for identifying 
                immigration benefit fraud;
                    ``(C) conduct targeted site visits in cases in 
                which fraud is suspected;
                    ``(D) investigate and refer to U.S. Immigration and 
                Customs Enforcement, where appropriate, incidents of 
                suspected fraud, national security concerns, or other 
                civil and criminal violations of immigration laws; and
                    ``(E) carry out other duties and powers prescribed 
                by the Director.
    ``(i) Field Operations Directorate.--
            ``(1) In general.--There is established in United States 
        Citizenship and Immigration Services a Field Operations 
        Directorate.
            ``(2) Associate director.--There shall be at the head of 
        the Field Operations Directorate an Associate Director, who 
        shall report to the Director.
            ``(3) Duties.--The Associate Director of the Field 
        Operations Directorate shall--
                    ``(A) oversee the domestic regional offices, 
                district offices, field offices, and field support 
                offices of United States Citizenship and Immigration 
                Services;
                    ``(B) adjudicate applications and petitions for 
                immigration benefits;
                    ``(C) interview applicants for immigration 
                benefits;
                    ``(D) conduct security and background 
                investigations of applicants for immigration benefits 
                and develop systems and techniques for identifying 
                immigration benefit fraud; and
                    ``(E) carry out other duties and powers prescribed 
                by the Director.
    ``(j) Refugee, Asylum, and International Operations Directorate.--
            ``(1) In general.--There is established in United States 
        Citizenship and Immigration Services a Refugee, Asylum, and 
        International Operations Directorate.
            ``(2) Associate director.--There shall be at the head of 
        the Refugee, Asylum, and International Operations Directorate 
        an Associate Director, who shall report to the Director.
            ``(3) Duties.--The Associate Director of the Refugee, 
        Asylum, and International Operations Directorate shall--
                    ``(A) adjudicate asylum and refugee applications;
                    ``(B) conduct screenings on individuals seeking to 
                enter the United States and migrants interdicted at 
                sea;
                    ``(C) adjudicate parole requests from individuals 
                residing outside the United States for humanitarian or 
                public benefit reasons;
                    ``(D) perform other authorized functions of United 
                States Citizenship and Immigration Services outside the 
                United States;
                    ``(E) conduct security and background 
                investigations of applicants for immigration benefits 
                and develop systems and techniques for identifying 
                immigration benefit fraud; and
                    ``(F) carry out other duties and powers prescribed 
                by the Director.
    ``(k) Immigration Record and Identity Services Directorate.--
            ``(1) In general.--There is established in United States 
        Citizenship and Immigration Services an Immigration Records and 
        Identity Services Directorate.
            ``(2) Associate director.--There shall be at the head of 
        the Immigration Records and Identity Services Directorate an 
        Associate Director, who shall report to the Director.
            ``(3) Duties.--The Associate Director of the Immigration 
        Records and Identity Services Directorate shall--
                    ``(A) collect and disseminate biometric information 
                to support the integrity of the immigration system;
                    ``(B) manage the employment verification system 
                pursuant to 403(a) of the Illegal Immigration Reform 
                and Immigrant Responsibility Act of 1996 (8 U.S.C. 
                1324a note), or successor provision;
                    ``(C) manage the automated system known as the 
                Systematic Alien Verification for Entitlements to 
                assist Federal, State, and local benefit issuing 
                agencies to determine the immigration status of benefit 
                applicants;
                    ``(D) provide appropriate information, including 
                immigration status and employment authorization 
                information, to relevant customers and stakeholders; 
                and
                    ``(E) carry out other duties and powers prescribed 
                by the Director.
    ``(l) Service Center Operations Directorate.--
            ``(1) In general.--There is established in United States 
        Citizenship and Immigration Services a Service Center 
        Operations Directorate.
            ``(2) Associate director.--There shall be at the head of 
        the Service Center Operations Directorate an Associate 
        Director, who shall report to the Director.
            ``(3) Duties.--The Associate Director of the Service Center 
        Operations Directorate shall--
                    ``(A) oversee the adjudication of employment-based 
                applications and petitions at United States Citizenship 
                and Immigration Services service centers;
                    ``(B) conduct security and background 
                investigations of applicants for immigration benefits 
                and develop systems and techniques for identifying 
                immigration benefit fraud;
                    ``(C) manage the employment creation visa program 
                under section 203(b)(5) of the Immigration and 
                Nationality Act (8 U.S.C. 1153(b)(5)); and
                    ``(D) carry out other duties and powers prescribed 
                by the Director.
    ``(m) Other Authorities.--
            ``(1) In general.--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.
            ``(2) Notification.--If the Secretary exercises the 
        authority provided pursuant to paragraph (1), the Secretary 
        shall notify the Committee on Homeland Security and the 
        Committee on the Judiciary of the House of Representatives and 
        the Committee on Homeland Security and Governmental Affairs and 
        the Committee on the Judiciary of the Senate not later than 30 
        days before exercising such authority.''.
    (b) Special Rules.--
            (1) Treatment.--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).
            (2) Rules of construction.--
                    (A) Rules and regulations.--Notwithstanding the 
                treatment described in paragraph (1), nothing in this 
                Act 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 Act, and any such rule or regulation shall 
                continue to have full force and effect on and after 
                such date.
                    (B) Other actions.--Notwithstanding the treatment 
                described in paragraph (1), nothing in this Act 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 Act, and any such action, 
                determination, policy, or decision shall continue to 
                have full force and effect on and after such date.
    (c) Continuation in Office.--
            (1) Director.--The individual serving as Director of United 
        States Citizenship and Immigration Services on the day before 
        the date of the enactment of this Act 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--
                    (A) the date on which such individual is no longer 
                eligible to serve as Director; or
                    (B) 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.
            (2) Other positions.--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 Act 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.
    (d) References.--
            (1) Title 5.--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''.
            (2) Other references.--On and after the date of the 
        enactment of this Act, 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.
    (e) Clerical Amendment.--The table of contents in section 1(b) of 
such Act is amended by amending the item relating to section 451 to 
read as follows:

``Sec. 451. Establishment of United States Citizenship and Immigration 
                            Services.''.
    (f) Conforming Amendments.--The Homeland Security Act of 2002 is 
amended--
            (1) in subparagraph (E) of section 103(a) (6 U.S.C. 
        113(a)), by striking ``A Director of the Bureau of Citizenship 
        and Immigration Services'' and inserting ``A Director of United 
        States Citizenship and Immigration Services'';
            (2) in section 452 (6 U.S.C. 272)--
                    (A) in paragraphs (1), (2), and (3) of subsection 
                (b), by striking ``the Bureau of Citizenship and 
                Immigration Services'' each place it appears and 
                inserting ``United States Citizenship and Immigration 
                Services'';
                    (B) in subsection (c)--
                            (i) in subparagraphs (A) and (E) of 
                        paragraph (1), by striking ``the Bureau of 
                        Citizenship and Immigration Services'' each 
                        place it appears and inserting ``United States 
                        Citizenship and Immigration Services''; and
                            (ii) in paragraph (2), by striking 
                        ``Director of the Bureau of Citizenship and 
                        Immigration Services'' and inserting ``Director 
                        of United States Citizenship and Immigration 
                        Services'';
                    (C) in subsection (d)--
                            (i) in paragraph (2), by striking ``the 
                        Bureau of Citizenship and Immigration 
                        Services'' and inserting ``United States 
                        Citizenship and Immigration Services''; and
                            (ii) paragraph (4), by striking ``Director 
                        of the Bureau of Citizenship and Immigration 
                        Services'' and inserting ``Director of United 
                        States Citizenship and Immigration Services'';
                    (D) in paragraph (2) of subsection (e), by striking 
                ``the Bureau of Citizenship and Immigration Services'' 
                and inserting ``United States Citizenship and 
                Immigration Services'';
                    (E) in subsection (f)--
                            (i) in the heading, by striking ``Bureau of 
                        Citizenship and Immigration Services'' and 
                        inserting ``United States Citizenship and 
                        Immigration Services''; and
                            (ii) by striking ``Director of the Bureau 
                        of Citizenship and Immigration Services'' and 
                        inserting ``Director of United States 
                        Citizenship and Immigration Services''; and
                    (F) in subsection (g)--
                            (i) in subparagraphs (B) and (D) of 
                        paragraph (1), by striking ``the Bureau of 
                        Citizenship and Immigration Services'' each 
                        place it appears and inserting ``United States 
                        Citizenship and Immigration Services''; and
                            (ii) in paragraph (2), by striking ``the 
                        Bureau of Citizenship and Immigration 
                        Services'' each place it appears and inserting 
                        ``United States Citizenship and Immigration 
                        Services'';
            (3) in section 453 (6 U.S.C. 273)--
                    (A) in subsection (a)--
                            (i) in the matter preceding paragraph (1), 
                        by striking ``Director of the Bureau of 
                        Citizenship and Immigration Services'' and 
                        inserting ``Director of United States 
                        Citizenship and Immigration Services'';
                            (ii) in paragraphs (1) and (3), by striking 
                        ``the Bureau of Citizenship and Immigration 
                        Services'' each place it appears and inserting 
                        ``United States Citizenship and Immigration 
                        Services''; and
                            (iii) in paragraph (2)--
                                    (I) by striking ``the Bureau of 
                                Citizenship and Immigration Services'' 
                                and inserting ``United States 
                                Citizenship and Immigration Services''; 
                                and
                                    (II) by striking ``such bureau'' 
                                and inserting ``United States 
                                Citizenship and Immigration Services''; 
                                and
                    (B) in subsection (b), in the matter preceding 
                paragraph (1), by striking ``Bureau of Citizenship and 
                Immigration Services'' and inserting ``United States 
                Citizenship and Immigration Services'';
            (4) in section 454 (6 U.S.C. 274), by striking ``Director 
        of the Bureau of Citizenship and Immigration Services'' and 
        inserting ``Director of United States Citizenship and 
        Immigration Services'';
            (5) in section 456 (6 U.S.C. 275) by striking ``Director of 
        the Bureau of Citizenship and Immigration Services'' each place 
        it appears and inserting ``Director of United States 
        Citizenship and Immigration Services'';
            (6) in subparagraph (A) of section 462(b)(2) (6 U.S.C. 
        279(b)(2)), by striking ``Director of the Bureau of Citizenship 
        and Immigration Services'' and inserting ``Director of United 
        States Citizenship and Immigration Services'';
            (7) in subsections (a), (b), and (d) of section 476 (6 
        U.S.C. 296), by striking ``the Bureau of Citizenship and 
        Immigration Services'' each place it appears and inserting 
        ``United States Citizenship and Immigration Services''; and
            (8) in section 478 (6 U.S.C. 298)--
                    (A) by striking subsection (b);
                    (B) by striking the following:
    ``(a) Annual Report.--
            ``(1) In general.--One year after'';
                    (C) by inserting the following:
    ``(a) In General.--One year after'';
                    (D) by striking the following:
            ``(2) Matter included.--The report shall'';
                    (E) by inserting the following:
    ``(b) Matter Included.--The report shall''; and
                    (F) by redesignating subparagraphs (A) through (H) 
                as paragraphs (1) through (8), respectively.
    (g) Repeals.--
            (1) In general.--The following provisions of the Homeland 
        Security Act of 2002 are repealed:
                    (A) Section 459 (6 U.S.C. 276).
                    (B) Section 460 (6 U.S.C. 277).
                    (C) Section 461 (6 U.S.C. 278).
                    (D) Section 472 (6 U.S.C. 292).
                    (E) Section 473 (6 U.S.C. 293).
                    (F) Section 474 (6 U.S.C. 294).
                    (G) Section 475 (6 U.S.C. 295).
                    (H) Section 477 (6 U.S.C. 297).
            (2) Clerical amendments.--The table of contents in section 
        1(b) of the Homeland Security Act of 2002 is amended by 
        striking the items relating to the following sections:
                    (A) Section 459.
                    (B) Section 460.
                    (C) Section 461.
                    (D) Section 472.
                    (E) Section 473.
                    (F) Section 474.
                    (G) Section 475.
                    (H) Section 477.
    (h) Employee Discipline.--Section 454 of the Homeland Security Act 
of 2002 is amended to read as follows:

``SEC. 454. EMPLOYEE DISCIPLINE.

    ``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.''.
    (i) Combination Prohibition.--
            (1) In general.--Section 471 of the Homeland Security Act 
        of 2002 is amended to read as follows:

``SEC. 471. COMBINATION PROHIBITION.

    ``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.''.
            (2) Clerical amendment.--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.''.
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