Case Backlog and Transparency Act of 2022
This bill addresses Department of Homeland Security (DHS) efforts to address the backlog in immigration applications.
DHS must establish a process on its website for immigration benefit applicants to inquire about the status of an application that been pending for a certain amount of time. The process must (1) require U.S. Citizenship and Immigration Services to provide a substantive response to such an inquiry, and (2) include a procedure for the applicant to escalate the inquiry if no response is provided.
DHS must also publish on its website and submit to Congress quarterly reports about the backlog. These reports shall include an annual report that contains information including (1) an analysis of factors contributing to the backlog, (2) a description of existing efforts to address the backlog, (3) state-by-state backlog data, and (4) approval and denial rates for each immigration benefit type.
The Government Accountability Office shall publish on its website and submit to Congress reports every two years assessing DHS efforts to address the backlog and to ensure fair and accurate adjudication of immigration benefit applications.
[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[H.R. 9225 Introduced in House (IH)]
<DOC>
117th CONGRESS
2d Session
H. R. 9225
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
October 25, 2022
Mr. Cardenas 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
2022''.
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 process 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 Department is waiting for a response
from the applicant or a third party (including another
government agency).
``(2) Backlog; net backlog.--The term `backlog' or `net
backlog' means the number of immigration benefit applications
that are pending before the Department of Homeland Security
outside of applicable processing time goals, minus those
applications in an active suspense category.
``(3) Gross backlog.--The term `gross backlog' means the
number of immigration benefit applications that are pending
before the Department of Homeland Security outside of
applicable processing time goals, irrespective of whether the
applications are in an active suspense category.
``(4) Immigration benefit application.--The term
`immigration benefit application' means any application,
petition, or request 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, petition, or request for an immigration benefit,
made to U.S. Citizenship and Immigration Services.
``(5) Processing time.--The term `processing time' means
the time elapsed between the date on which an immigration
benefit application is received by U.S. Citizenship and
Immigration Services and the date on which U.S. Citizenship and
Immigration Services approves or denies an immigration benefit
application.
``(6) Processing time goal.--The term `processing time
goal' means the goal for a processing time established by the
Department of Homeland Security as an appropriate processing
time for a type of immigration benefit application.''.
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 of
Homeland Security 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 required under paragraph
(1) shall include, as available--
``(A) the number of applications pending for each
type of immigration benefit application, the number of
immigration benefit applications in active suspense,
and the number of backlog applications for each type of
immigration benefit application;
``(B) the median processing time for each type of
immigration benefit application and any change in that
time relative to the end of the prior quarter;
``(C) the number of pending Form I-730 (or
successor form) follow-to-join refugee or asylee
immigration benefit applications and the number of
pending Priority-3 refugee immigration benefit
applications, the median length of time each
application has been pending, and the number of
applications that have been processed by the Department
of Homeland Security; and
``(D) the number of refugee immigration benefit
applications with respect to which the beneficiary has
been interviewed by the Department of Homeland Security
and the number of such beneficiaries whose applications
are pending final adjudication, including information
on the processing stage at which such applications are
pending.
``(b) Annual Report.--
``(1) In general.--Not later than 90 days after the end 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
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;
``(B) the backlog in immigration benefit
applications as of the end of the fiscal year; and
``(C) requests made through U.S. Citizenship and
Immigration Services customer service tools.
``(2) Report elements.--The report required under paragraph
(1) shall include, as available--
``(A) an analysis of factors contributing to the
net and gross backlogs, including a detailed assessment
of the impacts of Department of Homeland Security
policies on the net and gross backlogs;
``(B) a description of how U.S. Citizenship and
Immigration Services quantitatively and qualitatively
measures progress of backlog reduction measures;
``(C) a description of existing efforts to
eliminate the net backlog and minimize the gross
backlog;
``(D) a detailed plan to eliminate the net backlog,
to prevent recurrence of the net backlog after
elimination, and to minimize the gross backlog;
``(E) a description of existing and planned quality
controls for ensuring fair, accurate, and consistent
adjudication of immigration benefit applications;
``(F) information on U.S. Citizenship and
Immigration Services 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) a 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;
``(G) 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;
``(H)(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 type of
immigration benefit application and the percentage of
applications 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) the median number of hours it takes to
complete the processing of each type of immigration
benefit application;
``(vi) the number of all immigration benefit
applications received, and processed, by the
Department, both in the aggregate and as disaggregated
by type of immigration benefit application; and
``(vii) the approval and denial rates associated
with the completed applications referenced under clause
(iv), disaggregated by type of immigration benefit
application;
``(I) State-by-State data on--
``(i) the number of naturalization
applications processed during each quarter of
each fiscal year;
``(ii) the median processing time for
naturalization applications; and
``(iii) the additional resources and
process changes needed to eliminate the backlog
for naturalization applications; and
``(J) a status report on all other types of
immigration benefit applications, 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(c) of the Immigration and
Nationality Act (8 U.S.C. 1184(c));
``(iii) petitions filed under section 204
of the Immigration and Nationality Act (8
U.S.C. 1154) to classify aliens as immediate
relatives or preference immigrants under
section 203 of that Act (8 U.S.C. 1153);
``(iv) applications for asylum under
section 208 of the Immigration and Nationality
Act (8 U.S.C. 1158);
``(v) registrations for temporary protected
status under section 244 of the Immigration and
Nationality Act (8 U.S.C. 1254a);
``(vi) applications for humanitarian
parole, disaggregated by individual filers and
referrals from a Federal agency, under section
212(d)(5) of the Immigration and Nationality
Act (8 U.S.C. 1182(d)(5));
``(vii) applications for employment
authorization;
``(viii) the additional resources and
process changes needed to eliminate the backlog
for all types of immigration benefit
applications described in this subparagraph;
``(ix) the number of Requests for Evidence
(RFE), Notices of Intent to Deny (NOID) or
Notices of Intent to Revoke (NOIR) issued,
disaggregated by the type of immigration
benefit application with respect to which they
were issued;
``(x) the number of immigration benefit
applications, disaggregated by type of
application, that received a RFE, NOID, or NOIR
that were ultimately approved, denied, or
abandoned by the applicant; and
``(xi) the number of applicants for
naturalization who applied to the United States
district court for a hearing under section
336(b) of the Immigration and Nationality Act
(8 U.S.C. 1447(b)); and
``(K) a status report on requests made through U.S.
Citizenship and Immigration Services (USCIS) customer
service tools, including--
``(i) the number of calls to the USCIS
customer service phone line, including the
number of calls that were completed, dropped,
and resulted in escalation to a supervisor;
``(ii) the number of callbacks from USCIS
that were unanswered by a stakeholder inquiring
on the status of an immigration benefit
application on behalf of an applicant;
``(iii) the median processing time for such
requests;
``(iv) the number of requests for local
USCIS office appointments disaggregated by the
issue requiring resolution; and
``(v) the number of requests received
through customer service online tools.
``(c) Biennial Report.--
``(1) In general.--Not later than one year after the date
of enactment of this section, 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 required under paragraph
(1) shall include, as available--
``(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 of Homeland Security 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 of Homeland Security 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 of Homeland Security 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. TIMELY PROVISION OF IMMIGRATION SERVICES.
``(a) Sense of Congress.--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 of Homeland Security 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 of Homeland Security should not assign
a processing time goal (as such term is defined in section 203
of the Immigration Services and Infrastructure Improvements Act
of 2000 (8 U.S.C. 1572)) that is longer than a maximum
processing timeframe set forth in section 202 of the
Immigration Services and Infrastructure Improvements Act of
2000 (8 U.S.C. 1571), except that the processing time goal for
employment authorization documents should not be longer than 90
days.
``(b) Case Inquiry Escalation.--The Secretary shall make publicly
available on the website of U.S. Citizenship and Immigration Services
the process by which a person with a pending immigration benefit
application (as such term is defined in section 203 of the Immigration
Services and Infrastructure Improvements Act of 2000 (8 U.S.C. 1572))
may inquire about such application after the processing time goal (as
such term is defined in such section 203) or the median processing time
for such type of immigration benefit application, whichever is sooner.
The process developed pursuant to this subsection shall include--
``(1) a requirement that U.S. Citizenship and Immigration
Services provides a substantive response to each person who
inquires about an immigration benefit application pursuant to
such process; and
``(2) an additional process for a person to escalate such
an inquiry in the case that a substantive response described in
paragraph (1) has not been provided.''.
(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. Timely provision of immigration services.''.
<all>
Introduced in House
Introduced in House
Referred to the House Committee on the Judiciary.
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