Reference Citations

SEC. 452. CITIZENSHIP AND IMMIGRATION SERVICES OMBUDSMAN.

(a) IN GENERAL.—Within the Department, there shall be a

position of Citizenship and Immigration Services Ombudsman (in

this section referred to as the ‘‘Ombudsman’’). The Ombudsman

shall report directly to the Deputy Secretary. The Ombudsman

shall have a background in customer service as well as immigration

law.

(b) FUNCTIONS.—It shall be the function of the Ombudsman—

(1) to assist individuals and employers in resolving problems

with the Bureau of Citizenship and Immigration Services;

(2) to identify areas in which individuals and employers

have problems in dealing with the Bureau of Citizenship and

Immigration Services; 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 Representatives and the Senate on

the objectives of the Office of the Ombudsman for the fiscal

year beginning in such calendar year. Any such report shall

contain full and substantive analysis, 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

Services;

(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 remained 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 appropriate to resolve problems

encountered by individuals and employers, including problems

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 geographic allocation

of local offices of the Ombudsman;

(2) shall develop guidance to be distributed to all officers

and employees of the Bureau of Citizenship and Immigration

Services outlining 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 Ombudsman 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

administrative action as may be appropriate to resolve problems

encountered by individuals and employers.

(e) PERSONNEL ACTIONS.—

(1) IN GENERAL.—The Ombudsman shall have the responsibility

and authority—

(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 Ombudsman.

(2) CONSULTATION.—The Ombudsman may consult with

the appropriate 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 recommendations submitted to such director by

the Ombudsman 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 supervisory personnel

of the Bureau of Citizenship 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 assistance of such local office,

notify such individual 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 Ombudsman; 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 COMMUNICATIONS.—

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.