Case Backlog and Transparency Act of 2022
Bill: H.R.9225 | Sponsor: Rep. Cárdenas, Tony (D-CA)
Policy area: Immigration

Summary:
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.

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>