I 117th CONGRESS 2d Session H. R. 9225 IN THE HOUSE OF REPRESENTATIVES October 25, 2022 Mr. Cárdenas 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.

1. Short title This Act may be cited as the Case Backlog and Transparency Act of 2022 . 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 . 3. Definitions Section 203 of such Act ( 8 U.S.C. 1572 ) is amended to read as follows: 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. . 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 . 5. Reports to Congress Section 205 of such Act ( 8 U.S.C. 1574 ) is amended to read as follows: 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. . 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: 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. .