[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5971 Introduced in House (IH)]
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116th CONGRESS
2d Session
H. R. 5971
To amend the Immigration Services and Infrastructure Improvements Act
of 2000 to provide for additional rules regarding processing of
immigration applications, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
February 26, 2020
Mr. Cardenas (for himself and Mr. Stivers) introduced the following
bill; which was referred to the Committee on the Judiciary
_______________________________________________________________________
A BILL
To amend the Immigration Services and Infrastructure Improvements Act
of 2000 to provide for additional rules regarding processing of
immigration applications, 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 ``Case Backlog and Transparency Act of
2020''.
SEC. 2. PURPOSES.
Section 202 of the Immigration Services and Infrastructure
Improvements Act of 2000 (8 U.S.C. 1571) is amended--
(1) in paragraph (1)--
(A) by striking ``Immigration and Naturalization
Service'' and inserting ``Department of Homeland
Security'';
(B) by striking ``current backlog'' and inserting
``backlog''; and
(C) by striking ``within 1 year after enactment of
this Act''; and
(2) in paragraph (2), by striking ``Immigration and
Naturalization Service'' and inserting ``Department of Homeland
Security''.
SEC. 3. DEFINITIONS.
Section 203 of such Act (8 U.S.C. 1572) is amended to read as
follows:
``SEC. 203. DEFINITIONS.
``In this title:
``(1) Active suspense.--The term `active suspense' means
circumstances in which the Department of Homeland Security
cannot adjudicate an immigration benefit application due to
factors outside of the Department's control, including any
circumstance in which a visa number is unavailable, or
circumstances in which the government is waiting for a response
from the applicant or a third government agency.
``(2) Backlog.--The term `backlog' means the existence of a
number of immigration benefit applications that are pending
before the Department outside of applicable processing time
goals, minus those applications in an active suspense category.
The Department cannot assign a processing time goal that is
longer than a maximum processing timeframe set forth in section
202 of the American Competitiveness in the Twenty-first Century
Act of 2000. `Backlog' may also be referred to as `net
backlog'.
``(3) Case complete per hour rate.--The term `case
completion per hour rate' refers to the average amount of
adjudicative time, as measured in hours, required to complete
processing of a particular category of immigration benefit
application.
``(4) Gross backlog.--The term `gross backlog' means the
number of immigration benefit applications that are pending
before the Department outside of applicable processing time
goals, irrespective of whether the applications are in an
active suspense category.
``(5) Immigration benefit application.--The term
`immigration benefit application' means any application or
petition to confer, certify, change, adjust, or extend any
status authorized under the Immigration and Nationality Act (8
U.S.C. 1101 et seq.) and any other application or petition for
an immigration benefit.
``(6) Processing time.--The term `processing time' means
the time from the filing of an immigration benefit application
until the completed processing of that application.
``(7) Processing time goal.--The term `processing time
goal' means the the goal for a processing time established by
the Department as an appropriate processing time for an
immigration benefit application form type. The Department
cannot assign a processing time goal that is longer than a
maximum processing timeframe set forth in section 202 of the
American Competitiveness in the Twenty-first Century Act of
2000.''.
SEC. 4. IMMIGRATION SERVICES AND INFRASTRUCTURE IMPROVEMENTS ACCOUNT.
Section 204 of such Act (8 U.S.C. 1573) is amended--
(1) in subsection (a), by striking ``Attorney General''
each place such term appears and inserting ``Secretary of
Homeland Security'';
(2) in subsection (a)(1), by striking ``not later than one
year after the date of enactment of this Act'';
(3) in subsection (a)(2), by striking ``ensure that a
backlog does not develop after such date'' and inserting
``prevent the recurrence of the backlog after its
elimination''; and
(4) in subsection (b)(1)--
(A) by striking ``Department of Justice'' and
inserting ``Department of Homeland Security''; and
(B) by striking ``Attorney General'' and inserting
``Secretary of Homeland Security''.
SEC. 5. REPORTS TO CONGRESS.
Section 205 of such Act (8 U.S.C. 1574) is amended to read as
follows:
``SEC. 205. REPORTS TO CONGRESS.
``(a) Quarterly Report.--
``(1) In general.--Not later than 90 days after each of the
first three quarters of each fiscal year, the Secretary shall
publish on the Department's website and submit to the
Committees on the Judiciary, Appropriations, and Oversight and
Reform of the House of Representatives, and to the Committees
on the Judiciary, Appropriations, and Homeland Security and
Governmental Affairs of the Senate, a report concerning the
backlog in immigration benefit applications as of the end of
that fiscal quarter.
``(2) Report elements.--The report shall include--
``(A) the number of pending immigration benefit
applications, the net backlog, and the gross backlog;
``(B) a description of the active suspense
categories and the number of cases pending in each
category; and
``(C) the average processing time for each benefit
application form type and any change in that time
relative to the end of the prior quarter.
``(b) Annual Report.--
``(1) In general.--Not later than 90 days after the end of
each fiscal year the Secretary shall publish on its website and
submit to the Committees on the Judiciary, Appropriations, and
Oversight and Reform of the House of Representatives, and to
the Committees on the Judiciary, Appropriations, and Homeland
Security and Governmental Affairs, a report concerning the
status of--
``(A) the Immigration Services and Infrastructure
Improvements Account as of the end of the fiscal year,
including any unobligated balances of appropriations in
the Account; and
``(B) the backlog in immigration benefit
applications as of the end of the fiscal year.
``(2) Report elements.--The report shall include--
``(A) an analysis of factors contributing to the
net and gross backlogs, including a detailed assessment
of the impacts of Department policies on the net and
gross backlogs;
``(B) a description of existing and planned
processes for qualitatively and quantitatively
assessing the impacts on the net and gross backlogs of
Department policies both prior to and following
implementation of those policies;
``(C) an assessment of adherence to processes
referenced in subparagraph (B);
``(D) existing efforts to eliminate the net backlog
and minimize the gross backlog;
``(E) a detailed plan to eliminate the net backlog,
to prevent recurrence of the net backlog after
elimination, and to minimize the gross backlog;
``(F) a description of existing and planned quality
controls for ensuring fair, accurate, and consistent
adjudication of immigration benefit applications;
``(G) information on Department funding,
including--
``(i) an assessment of how and to what
extent funding, both from fee accounts and
appropriations, was allocated toward backlog
elimination;
``(ii) the identification of any transfers
of funds between fee accounts and between
Department components;
``(iii) description of whether immigration-
related fees were used consistent with legal
requirements regarding such use; and
``(iv) an estimate of the amount of
appropriated funds that would be necessary to
eliminate the net backlog;
``(H) whether immigration-related questions
conveyed by applicants, petitioners, beneficiaries, or
authorized representatives to the Department (whether
conveyed in person, by telephone, or by means of the
Internet) were answered effectively and efficiently;
``(I)(i) the information referenced under
subsection (a)(2) as of the end of the fiscal year;
``(ii) a description of any changes to processing
time goals made in the two years prior to the annual
report and how those changes impact calculations of the
net and gross backlogs;
``(iii) processing time goals for each benefit
application form type and the percentage of cases for
which the Department completed processing within each
goal;
``(iv) State-by-State data on the number of
naturalization applications, the number of adjustment
of status applications, and the overall number of
immigration benefit applications, pending for up to 6
months, 12 months, 18 months, 24 months, 36 months, and
48 months or more;
``(v) cease completion rates per hour for each
benefit application type;
``(vi) the number of all immigration benefit
applications received, and processed, by the
Department, both in the aggregate and as disaggregated
by benefit application type; and
``(vii) the approval and denial rates associated
with the processed cases referenced under subclause
(iv), disaggregated by immigration benefit application
type;
``(J) State-by-State data on--
``(i) the number of naturalization cases
adjudicated in each quarter of each fiscal
year;
``(ii) the average processing time for
naturalization applications;
``(iii) estimated processing times
adjudicating newly submitted naturalization
applications; and
``(iv) the additional resources and process
changes needed to eliminate the backlog for
naturalization adjudications; and
``(K) a status report on all other immigration
benefit application form types, including--
``(i) applications for adjustments of
status to that of an alien lawfully admitted
for permanent residence;
``(ii) petitions for nonimmigrant visas
under section 204;
``(iii) petitions filed under section 204
to classify aliens as immediate relatives or
preference immigrants under section 1153 of
this title;
``(iv) applications for asylum under
section 208;
``(v) registrations for temporary protected
status under section 244;
``(vi) applications for employment
authorization under section 274A; and
``(vii) the additional resources and
process changes needed to eliminate the backlog
for all immigration benefit application form
types under this subparagraph.
``(c) Biennial Report.--
``(1) In general.--Not later than one year after the date
on which this section is enacted, and every two years
thereafter, the Comptroller General of the United States shall
publish on its website and submit to the Committees on the
Judiciary, Appropriations, and Oversight and Reform of the
House of Representatives, and to the Committees on the
Judiciary, Appropriations, and Homeland Security and
Governmental Affairs of the Senate, a report concerning the
backlog in immigration benefit applications.
``(2) Report elements.--The report shall include--
``(A) a description of the status of the net
backlog, of the gross backlog, and of the overall
number of pending immigration benefit applications;
``(B) an assessment of factors contributing to the
net and gross backlogs, including an analysis of the
impacts of Department policies on the net and gross
backlogs and an analysis of the Department's formal
processes for qualitatively and quantitatively
assessing the impacts of its policies on the net and
gross backlogs;
``(C) an assessment of existing and planned
Department efforts to eliminate the net backlog, to
prevent recurrence of the net backlog after its
elimination, and to minimize the gross backlog;
``(D) an assessment of existing and planned
Department efforts to ensure fair, accurate, and
consistent adjudication of immigration benefit
applications; and
``(E) recommendations for more expeditiously
processing immigration benefit applications while
ensuring fairness, accuracy, and consistency in
processing.''.
SEC. 6. IMMIGRATION FUNCTIONS.
(a) In General.--Section 478 of the Homeland Security Act of 2002
(6 U.S.C. 298) is amended to read as follows:
``SEC. 478. SENSE OF CONGRESS REGARDING IMMIGRATION SERVICES.
``It is the sense of Congress that--
``(1) the quality and efficiency of immigration services
rendered by the Federal Government should be improved after the
transfers made by this subtitle take effect;
``(2) the Secretary should undertake efforts to guarantee
that concerns regarding the quality and efficiency of
immigration services are addressed after such effective date;
and
``(3) the Secretary cannot assign a processing time goal
that is longer than a maximum processing timeframe set forth in
section 202 of the American Competitiveness in the Twenty-first
Century Act of 2000''.
(b) Clerical Amendment.--Section 1(b) of the Homeland Security Act
of 2002 (6 U.S.C. 101 note) is amended in the table of contents by
striking the item relating to section 478 and inserting the following:
``Sec. 478. Sense of Congress regarding immigration services.''.
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