§ 252. Establishment of Bureau of Border Security
(a)
Establishment of Bureau
(1)
In general
There shall be in the Department of Homeland Security a bureau to be known as the “Bureau of Border Security”.
(2)
Assistant Secretary
The head of the Bureau of Border Security shall be the Assistant Secretary of the Bureau of Border Security, who—
(3)
Functions
The Assistant Secretary of the Bureau of Border Security—
(A)
shall establish the policies for performing such functions as are—
(i)
transferred to the Under Secretary for Border and Transportation Security by section
251 of this title and delegated to the Assistant Secretary by the Under Secretary for Border and Transportation Security; or
(C)
shall advise the Under Secretary for Border and Transportation Security with respect to any policy or operation of the Bureau of Border Security that may affect the Bureau of Citizenship and Immigration Services established under part E of this subchapter, including potentially conflicting policies or operations.
(4)
Program to collect information relating to foreign students
The Assistant Secretary of the Bureau of Border Security shall be responsible for administering the program to collect information relating to nonimmigrant foreign students and other exchange program participants described in section
1372 of title
8, including the Student and Exchange Visitor Information System established under that section, and shall use such information to carry out the enforcement functions of the Bureau.
(5)
Managerial rotation program
(A)
In general
Not later than 1 year after the date on which the transfer of functions specified under section
251 of this title takes effect, the Assistant Secretary of the Bureau of Border Security shall design and implement a managerial rotation program under which employees of such bureau holding positions involving supervisory or managerial responsibility and classified, in accordance with chapter
51 of title
5, as a GS–14 or above, shall—
(B)
Report
Not later than 2 years after the date on which the transfer of functions specified under section
251 of this title takes effect, the Secretary shall submit a report to the Congress on the implementation of such program.
(b)
Chief of Policy and Strategy
(1)
In general
There shall be a position of Chief of Policy and Strategy for the Bureau of Border Security.
(c)
Legal advisor
There shall be a principal legal advisor to the Assistant Secretary of the Bureau of Border Security. The legal advisor shall provide specialized legal advice to the Assistant Secretary of the Bureau of Border Security and shall represent the bureau in all exclusion, deportation, and removal proceedings before the Executive Office for Immigration Review.