6 U.S.C. § 272 — Citizenship and Immigration Services Om-

Page 141 TITLE 6—DOMESTIC SECURITY § 272 Plan Modification for the Department of Homeland Se- curity, eff. Mar. 1, 2003, H. Doc. No. 108–32, 108th Con- gress, 1st Session, set out as a note under section 542 of this title. TERMINATION DATE OF 2008 AMENDMENT Pub. L. 110–382, § 4, Oct. 9, 2008, 122 Stat. 4089, provided that: ‘‘This Act [amending this section and section 1439 of Title 8, Aliens and Nationality, and enacting provi- sions set out as notes under this section and section 1101 of Title 8] and the amendments made by this Act are repealed on the date that is 5 years after the date of the enactment of this Act [Oct. 9, 2008].’’ EFFECTIVE DATE Pub. L. 107–296, title IV, § 455, Nov. 25, 2002, 116 Stat. 2200, provided that: ‘‘Notwithstanding section 4 [enact- ing provisions set out as a note under section 101 of this title], sections 451 through 456 [enacting this section and sections 272 to 275 of this title], and the amend- ments made by such sections, shall take effect on the date on which the transfer of functions specified under section 441 [enacting section 251 of this title] takes ef- fect.’’ [For date on which transfer of functions specified under section 441 takes effect, see section 251 of this title and Department of Homeland Security Reorga- nization Plan, Nov. 25, 2002, set out as a note under sec- tion 542 of this title.] RULEMAKING Pub. L. 110–382, § 2(b), Oct. 9, 2008, 122 Stat. 4087, which required the Secretary of Homeland Security, in con- sultation with the Attorney General, to promulgate rules to carry out the amendment made by section 2(a) of Pub. L. 110–382 no later than 180 days after Oct. 9, 2008, was repealed by Pub. L. 110–382, § 4, Oct. 9, 2008, 122 Stat. 4089, effective 5 years after Oct. 9, 2008. § 272. Citizenship and Immigration Services Om- budsman (a) In general Within the Department, there shall be a posi- tion of Citizenship and Immigration Services Ombudsman (in this section referred to as the ‘‘Ombudsman’’). The Ombudsman shall report directly to the Deputy Secretary. The Ombuds- man shall have a background in customer serv- ice as well as immigration law. (b) Functions It shall be the function of the Ombudsman— (1) to assist individuals and employers in re- solving problems with the Bureau of Citizen- ship and Immigration Services; (2) to identify areas in which individuals and employers have problems in dealing with the Bureau of Citizenship and Immigration Serv- ices; and (3) to the extent possible, to propose changes in the administrative practices of the Bureau of Citizenship and Immigration Services to mitigate problems identified under paragraph (2). (c) Annual reports (1) Objectives Not later than June 30 of each calendar year, the Ombudsman shall report to the Committee on the Judiciary of the House of Representa- tives and the Senate on the objectives of the Office of the Ombudsman for the fiscal year beginning in such calendar year. Any such re- port shall contain full and substantive anal- ysis, in addition to statistical information, and— (A) shall identify the recommendations the Office of the Ombudsman has made on improving services and responsiveness of the Bureau of Citizenship and Immigration Serv- ices; (B) shall contain a summary of the most pervasive and serious problems encountered by individuals and employers, including a description of the nature of such problems; (C) shall contain an inventory of the items described in subparagraphs (A) and (B) for which action has been taken and the result of such action; (D) shall contain an inventory of the items described in subparagraphs (A) and (B) for which action remains to be completed and the period during which each item has re- mained on such inventory; (E) shall contain an inventory of the items described in subparagraphs (A) and (B) for which no action has been taken, the period during which each item has remained on such inventory, the reasons for the inaction, and shall identify any official of the Bureau of Citizenship and Immigration Services who is responsible for such inaction; (F) shall contain recommendations for such administrative action as may be appro- priate to resolve problems encountered by individuals and employers, including prob- lems created by excessive backlogs in the adjudication and processing of immigration benefit petitions and applications; and (G) shall include such other information as the Ombudsman may deem advisable. (2) Report to be submitted directly Each report required under this subsection shall be provided directly to the committees described in paragraph (1) without any prior comment or amendment from the Secretary, Deputy Secretary, Director of the Bureau of Citizenship and Immigration Services, or any other officer or employee of the Department or the Office of Management and Budget. (d) Other responsibilities The Ombudsman— (1) shall monitor the coverage and geo- graphic allocation of local offices of the Om- budsman; (2) shall develop guidance to be distributed to all officers and employees of the Bureau of Citizenship and Immigration Services out- lining the criteria for referral of inquiries to local offices of the Ombudsman; (3) shall ensure that the local telephone number for each local office of the Ombuds- man is published and available to individuals and employers served by the office; and (4) shall meet regularly with the Director of the Bureau of Citizenship and Immigration Services to identify serious service problems and to present recommendations for such ad- ministrative action as may be appropriate to resolve problems encountered by individuals and employers. (e) Personnel actions (1) In general The Ombudsman shall have the responsi- bility and authority— Page 142 TITLE 6—DOMESTIC SECURITY § 273 1 See References in Text note below. (A) to appoint local ombudsmen and make available at least 1 such ombudsman for each State; and (B) to evaluate and take personnel actions (including dismissal) with respect to any employee of any local office of the Ombuds- man. (2) Consultation The Ombudsman may consult with the ap- propriate supervisory personnel of the Bureau of Citizenship and Immigration Services in carrying out the Ombudsman’s responsibilities under this subsection. (f) Responsibilities of Bureau of Citizenship and Immigration Services The Director of the Bureau of Citizenship and Immigration Services shall establish procedures requiring a formal response to all recommenda- tions submitted to such director by the Ombuds- man within 3 months after submission to such director. (g) Operation of local offices (1) In general Each local ombudsman— (A) shall report to the Ombudsman or the delegate thereof; (B) may consult with the appropriate su- pervisory personnel of the Bureau of Citizen- ship and Immigration Services regarding the daily operation of the local office of such ombudsman; (C) shall, at the initial meeting with any individual or employer seeking the assist- ance of such local office, notify such indi- vidual or employer that the local offices of the Ombudsman operate independently of any other component of the Department and report directly to Congress through the Om- budsman; and (D) at the local ombudsman’s discretion, may determine not to disclose to the Bureau of Citizenship and Immigration Services contact with, or information provided by, such individual or employer. (2) Maintenance of independent communica- tions Each local office of the Ombudsman shall maintain a phone, facsimile, and other means of electronic communication access, and a post office address, that is separate from those maintained by the Bureau of Citizenship and Immigration Services, or any component of the Bureau of Citizenship and Immigration Services. (Pub. L. 107–296, title IV, § 452, Nov. 25, 2002, 116 Stat. 2197.) Statutory Notes and Related Subsidiaries EFFECTIVE DATE Section effective on the date on which the transfer of functions specified under section 251 of this title takes effect, see section 455 of Pub. L. 107–296, set out as a note under section 271 of this title. § 273. Professional responsibility and quality re- view (a) In general The Director of the Bureau of Citizenship and Immigration Services shall be responsible for— (1) conducting investigations of noncriminal allegations of misconduct, corruption, and fraud involving any employee of the Bureau of Citizenship and Immigration Services that are not subject to investigation by the Inspector General for the Department; (2) inspecting the operations of the Bureau of Citizenship and Immigration Services and providing assessments of the quality of the op- erations of such bureau as a whole and each of its components; and (3) providing an analysis of the management of the Bureau of Citizenship and Immigration Services. (b) Special considerations In providing assessments in accordance with subsection (a)(2) with respect to a decision of the Bureau of Citizenship and Immigration Services, or any of its components, consider- ation shall be given to— (1) the accuracy of the findings of fact and conclusions of law used in rendering the deci- sion; (2) any fraud or misrepresentation associ- ated with the decision; and (3) the efficiency with which the decision was rendered. (Pub. L. 107–296, title IV, § 453, Nov. 25, 2002, 116 Stat. 2199.) Statutory Notes and Related Subsidiaries EFFECTIVE DATE Section effective on the date on which the transfer of functions specified under section 251 of this title takes effect, see section 455 of Pub. L. 107–296, set out as a note under section 271 of this title. § 274. Employee discipline The Director of the Bureau of Citizenship and Immigration Services may, notwithstanding any other provision of law, impose disciplinary ac- tion, including termination of employment, pur- suant to policies and procedures applicable to employees of the Federal Bureau of Investiga- tion, on any employee of the Bureau of Citizen- ship and Immigration Services who willfully de- ceives Congress or agency leadership on any matter. (Pub. L. 107–296, title IV, § 454, Nov. 25, 2002, 116 Stat. 2200.) Statutory Notes and Related Subsidiaries EFFECTIVE DATE Section effective on the date on which the transfer of functions specified under section 251 of this title takes effect, see section 455 of Pub. L. 107–296, set out as a note under section 271 of this title. § 275. Transition (a) References With respect to any function transferred by this part to, and exercised on or after the effec- tive date specified in section 455 1 by, the Direc- tor of the Bureau of Citizenship and Immigra- tion Services, any reference in any other Fed-