Sec. 5. Reports to Congress
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Section 205 of such Act ( 8 U.S.C. 1574 ) is amended to read as follows: 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.
The report shall include— the number of pending immigration benefit applications, the net backlog, and the gross backlog; a description of the active suspense categories and the number of cases pending in each category; and the average processing time for each benefit application form type and any change in that time relative to the end of the prior quarter. 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— 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 the backlog in immigration benefit applications as of the end of the fiscal year.
The report shall include— 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; 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; an assessment of adherence to processes referenced in subparagraph (B); existing efforts to eliminate the net backlog and minimize the gross backlog; a detailed plan to eliminate the net backlog, to prevent recurrence of the net backlog after elimination, and to minimize the gross backlog; a description of existing and planned quality controls for ensuring fair, accurate, and consistent adjudication of immigration benefit applications; information on Department funding, including— an assessment of how and to what extent funding, both from fee accounts and appropriations, was allocated toward backlog elimination; the identification of any transfers of funds between fee accounts and between Department components; description of whether immigration-related fees were used consistent with legal requirements regarding such use; and an estimate of the amount of appropriated funds that would be necessary to eliminate the net backlog; 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; the information referenced under subsection (a)(2) as of the end of the fiscal year; 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; processing time goals for each benefit application form type and the percentage of cases for which the Department completed processing within each goal;
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; cease completion rates per hour for each benefit application type; 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 the approval and denial rates associated with the processed cases referenced under subclause (iv), disaggregated by immigration benefit application type;
State-by-State data on— the number of naturalization cases adjudicated in each quarter of each fiscal year; the average processing time for naturalization applications; estimated processing times adjudicating newly submitted naturalization applications; and the additional resources and process changes needed to eliminate the backlog for naturalization adjudications; and a status report on all other immigration benefit application form types, including— applications for adjustments of status to that of an alien lawfully admitted for permanent residence; petitions for nonimmigrant visas under section 204; petitions filed under section 204 to classify aliens as immediate relatives or preference immigrants under section 1153 of this title; applications for asylum under section 208; registrations for temporary protected status under section 244; applications for employment authorization under section 274A; and the additional resources and process changes needed to eliminate the backlog for all immigration benefit application form types under this subparagraph.
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.
The report shall include— a description of the status of the net backlog, of the gross backlog, and of the overall number of pending immigration benefit applications; 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; 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; an assessment of existing and planned Department efforts to ensure fair, accurate, and consistent adjudication of immigration benefit applications; and recommendations for more expeditiously processing immigration benefit applications while ensuring fairness, accuracy, and consistency in processing. .
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Sec. 5
Reports to Congress
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