I 
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 immigra-
tion applications, and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
FEBRUARY 26, 2020 
Mr. CA´RDENAS (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 Im-
provements 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 Representa-
tives 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’’. 
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SEC. 2. PURPOSES. 
Section 202 of the Immigration Services and Infra-
structure Improvements Act of 2000 (8 U.S.C. 1571) is 
amended— 
(1) in paragraph (1)— 
(A) by striking ‘‘Immigration and Natu-
ralization Service’’ and inserting ‘‘Department 
of Homeland Security’’; 
(B) by striking ‘‘current backlog’’ and in-
serting ‘‘backlog’’; and 
(C) by striking ‘‘within 1 year after enact-
ment of this Act’’; and 
(2) in paragraph (2), by striking ‘‘Immigration 
and Naturalization Service’’ and inserting ‘‘Depart-
ment 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 sus-
pense’ means circumstances in which the Depart-
ment of Homeland Security cannot adjudicate an 
immigration benefit application due to factors out-
side of the Department’s control, including any cir-
cumstance in which a visa number is unavailable, or 
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circumstances in which the government is waiting 
for a response from the applicant or a third govern-
ment agency. 
‘‘(2) BACKLOG.—The term ‘backlog’ means the 
existence of a number of immigration benefit appli-
cations that are pending before the Department out-
side of applicable processing time goals, minus those 
applications in an active suspense category. The De-
partment cannot assign a processing time goal that 
is longer than a maximum processing timeframe set 
forth in section 202 of the American Competitive-
ness 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 par-
ticular category of immigration benefit application. 
‘‘(4) GROSS BACKLOG.—The term ‘gross back-
log’ means the number of immigration benefit appli-
cations that are pending before the Department out-
side of applicable processing time goals, irrespective 
of whether the applications are in an active suspense 
category. 
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‘‘(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 im-
migration benefit. 
‘‘(6) PROCESSING TIME.—The term ‘processing 
time’ means the time from the filing of an immigra-
tion benefit application until the completed proc-
essing of that application. 
‘‘(7) PROCESSING TIME GOAL.—The term ‘proc-
essing time goal’ means the the goal for a processing 
time established by the Department as an appro-
priate processing time for an immigration benefit 
application form type. The Department cannot as-
sign 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 amend-
ed— 
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(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 Secu-
rity’’; and 
(B) by striking ‘‘Attorney General’’ and in-
serting ‘‘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 Depart-
ment’s website and submit to the Committees on the 
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Judiciary, Appropriations, and Oversight and Re-
form 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 immigra-
tion benefit applications as of the end of that fiscal 
quarter. 
‘‘(2) REPORT ELEMENTS.—The report shall in-
clude— 
‘‘(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 quar-
ter. 
‘‘(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 
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Committees on the Judiciary, Appropriations, and 
Homeland Security and Governmental Affairs, a re-
port concerning the status of— 
‘‘(A) the Immigration Services and Infra-
structure Improvements Account as of the end 
of the fiscal year, including any unobligated bal-
ances 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 in-
clude— 
‘‘(A) an analysis of factors contributing to 
the net and gross backlogs, including a detailed 
assessment of the impacts of Department poli-
cies on the net and gross backlogs; 
‘‘(B) a description of existing and planned 
processes for qualitatively and quantitatively as-
sessing the impacts on the net and gross back-
logs of Department policies both prior to and 
following implementation of those policies; 
‘‘(C) an assessment of adherence to proc-
esses referenced in subparagraph (B); 
‘‘(D) existing efforts to eliminate the net 
backlog and minimize the gross backlog; 
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‘‘(E) a detailed plan to eliminate the net 
backlog, to prevent recurrence of the net back-
log 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 ac-
counts 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 immigra-
tion-related fees were used consistent with 
legal requirements regarding such use; and 
‘‘(iv) an estimate of the amount of ap-
propriated funds that would be necessary 
to eliminate the net backlog; 
‘‘(H) whether immigration-related ques-
tions conveyed by applicants, petitioners, bene-
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ficiaries, 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 proc-
essing time goals made in the two years prior 
to the annual report and how those changes im-
pact 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 proc-
essing within each goal; 
‘‘(iv) State-by-State data on the number of 
naturalization applications, the number of ad-
justment 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; 
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‘‘(vi) the number of all immigration benefit 
applications received, and processed, by the De-
partment, both in the aggregate and as 
disaggregated by benefit application type; and 
‘‘(vii) the approval and denial rates associ-
ated 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 adju-
dicating newly submitted naturalization ap-
plications; and 
‘‘(iv) the additional resources and 
process changes needed to eliminate the 
backlog for naturalization adjudications; 
and 
‘‘(K) a status report on all other immigra-
tion benefit application form types, including— 
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‘‘(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 pro-
tected status under section 244; 
‘‘(vi) applications for employment au-
thorization under section 274A; and 
‘‘(vii) the additional resources and 
process changes needed to eliminate the 
backlog for all immigration benefit applica-
tion 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, Appro-
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priations, 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 appli-
cations. 
‘‘(2) REPORT ELEMENTS.—The report shall in-
clude— 
‘‘(A) a description of the status of the net 
backlog, of the gross backlog, and of the overall 
number of pending immigration benefit applica-
tions; 
‘‘(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 quali-
tatively 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 back-
log after its elimination, and to minimize the 
gross backlog; 
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‘‘(D) an assessment of existing and 
planned Department efforts to ensure fair, ac-
curate, and consistent adjudication of immigra-
tion benefit applications; and 
‘‘(E) recommendations for more expedi-
tiously processing immigration benefit applica-
tions while ensuring fairness, accuracy, and 
consistency in processing.’’. 
SEC. 6. IMMIGRATION FUNCTIONS. 
(a) IN GENERAL.—Section 478 of the Homeland Se-
curity 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 
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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 re-
lating to section 478 and inserting the following: 
‘‘Sec. 478. Sense of Congress regarding immigration services.’’. 
Æ 
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