[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5971 Introduced in House (IH)]

<DOC>






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.''.
                                 <all>