Title 8 — Aliens and Nationality
Chapter 13 — Immigration and Naturalization Service
§ 1574. Reports to Congress
Statutory text
Backlog elimination plan
Report required
Not later than 90 days after , the Attorney General shall submit a report to the Committees on the Judiciary and Appropriations of the Senate and the House of Representatives concerning—
the backlogs in immigration benefit applications in existence as of ; and
the Attorney General’s plan for eliminating such backlogs.
Report elements
The report shall include—
an assessment of the data systems used in adjudicating and reporting on the status of immigration benefit applications, including—
a description of the adequacy of existing computer hardware, computer software, and other mechanisms to comply with the adjudications and reporting requirements of this subchapter; and
a plan for implementing improvements to existing data systems to accomplish the purpose of this subchapter, as described in section 1571(a) of this title;
a description of the quality controls to be put into force to ensure timely, fair, accurate, and complete processing and adjudication of such applications;
the elements specified in subsection (b)(2);
an estimate of the amount of appropriated funds that would be necessary in order to eliminate the backlogs in each category of immigration benefit applications described in subsection (b)(2); and
a detailed plan on how the Attorney General will use any funds in the Immigration Services and Infrastructure Improvements Account to comply with the purposes of this subchapter.
Annual reports
In general
Beginning 90 days after the end of the first fiscal year for which any appropriation authorized by section 1573(b) of this title is made, and 90 days after the end of each fiscal year thereafter, the Attorney General shall submit a report to the Committees on the Judiciary and Appropriations of the Senate and the House of Representatives concerning the status of—
the Immigration Services and Infrastructure Improvements Account including any unobligated balances of appropriations in the Account; and
the Attorney General’s efforts to eliminate backlogs in any immigration benefit application described in paragraph (2).
Report elements
The report shall include—
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;
the number of naturalization applications pending for up to 6 months, 12 months, 18 months, 24 months, 36 months, and 48 months or more;
estimated processing times adjudicating newly submitted naturalization applications;
an analysis of the appropriate processing times for naturalization applications; and
the additional resources and process changes needed to eliminate the backlog for naturalization adjudications;
the status of applications or, where applicable, petitions described in subparagraph (C), by Immigration and Naturalization Service district, including—
the number of cases adjudicated in each quarter of each fiscal year;
the average processing time for such applications or petitions;
the number of applications or petitions pending for up to 6 months, 12 months, 18 months, 24 months, 36 months, and 48 months or more;
the estimated processing times adjudicating newly submitted applications or petitions;
an analysis of the appropriate processing times for applications or petitions; and
a description of the additional resources and process changes needed to eliminate the backlog for such processing and adjudications; and
a status report on—
applications for adjustments of status to that of an alien lawfully admitted for permanent residence;
petitions for nonimmigrant visas under section 1184 of this title;
petitions filed under section 1154 of this title to classify aliens as immediate relatives or preference immigrants under section 1153 of this title;
applications for asylum under section 1158 of this title;
registrations for Temporary Protected Status under section 1254a of this title; and
a description of the additional resources and process changes needed to eliminate the backlog for such processing and adjudications.
Absence of appropriated funds
In the event that no funds are appropriated subject to section 1573(b) of this title in the fiscal year in which this Act is enacted, the Attorney General shall submit a report to Congress not later than 90 days after the end of such fiscal year, and each fiscal year thereafter, containing the elements described in paragraph (2).
Legislative history
Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.
Immigration Services and Infra-structure Improvements Act of 2000
Pub. L. 106–313 title II § 205 · 114 Stat. 1251
Enacted · 8 U.S.C. § 1574
(Pub. L. 106–313, title II, § 205, Oct. 17, 2000, 114 Stat. 1263.)
Source evidence
Code source credit
(Pub. L. 106–313, title II, § 205, Oct. 17, 2000, 114 Stat. 1263.)Enacted provision · exact public law section
SEC. 205. REPORTS TO CONGRESS. (a) Backlog Elimination Plan.— (1) Report required.— Not later than 90 days after the date of enactment of this Act, the Attorney General shall submit a report to the Committees on the Judiciary and Appropriations of the Senate and the House of Representatives concerning— (A) the backlogs in immigration benefit applications in existence as of the date of enactment of this title; and (B) the Attorney General’s plan for eliminating such backlogs. (2) Report elements.— The report shall include— (A) an assessment of the data systems used in adjudicating and reporting on the status of immigration benefit applications, including— (i) a description of the adequacy of existing computer hardware, computer software, and other mechanisms to comply with the adjudications and reporting requirements of this title; and (ii) a plan for implementing improvements to existing data systems to accomplish the purpose of this title, as described in section 202(a); (B) a description of the quality controls to he put into force to ensure timely, fair, accurate, and complete processing and adjudication of such applications; (C) the elements specified in subsection (b)(2); (D) an estimate of the amount of appropriated funds that would be necessary in order to eliminate the backlogs in each category of immigration benefit applications described in subsection (b)(2); and (E) a detailed plan on how the Attorney General will use any funds in the Immigration Services and Infrastructure Improvements Account to comply with the purposes of this title. (b) Annual Reports.— (1) In general.— Beginning 90 days after the end of the first fiscal year for which any appropriation authorized by section 204(b) is made, and 90 days after the end of each fiscal year thereafter, the Attorney General shall submit are port to the Committees on the Judiciary and Appropriations of the Senate and the House of Representatives concerning the status of— (A) the Immigration Services and Infrastructure Improvements Account including any unobligated balances of appropriations in the Account; and (B) the Attorney General’s efforts to eliminate backlogs in any immigration benefit application described in paragraph (2). (2) Report elements.— The report shall include— (A) 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) the number of naturalization application spending for up to 6 months, 12 months, 18 months,24 months, 36 months, and 48 months or more; (iv) estimated processing times adjudicating newly submitted naturalization applications; (v) an analysis of the appropriate processing times for naturalization applications; and (vi) the additional resources and process changes needed to eliminate the backlog for naturalization adjudications; (B) the status of applications or, where applicable, petitions described in subparagraph (C), by Immigration and Naturalization Service district, including— (i) the number of cases adjudicated in each quarter of each fiscal year; (ii) the average processing time for such applications or petitions; (iii) the number of applications or petitions pending for up to 6 months, 12 months, 18 months, 24 months, 36 months, and 48 months or more; (iv) the estimated processing times adjudicating newly submitted applications or petitions; (v) an analysis of the appropriate processing times for applications or petitions; and (vi) a description of the additional resources and process changes needed to eliminate the backlog for such processing and adjudications; and (C) a status report on— (i) applications for adjustments of status to that of an alien lawfully admitted for permanent residence; (ii) petitions for nonimmigrant visas under section 214 of the Immigration and Nationality Act; (iii) petitions filed under section 204 of such Act to classify aliens as immediate relatives or preference immigrants under section 203 of such Act; (iv) applications for asylum under section 208 of such Act; (v) registrations for Temporary Protected Status under section 244 of such Act; and (vi) a description of the additional resources and process changes needed to eliminate the backlog for such processing and adjudications. (3) Absence of appropriated funds.— In the event that no funds are appropriated subject to section 204(b) in the fiscal year in which this Act is enacted, the Attorney General shall submit a report to Congress not later than 90 days after the end of such fiscal year, and each fiscal year thereafter, containing the elements described in paragraph (2).
1 of 1 references resolved to an enrolled provision
Editorial Notes
References in Text
The fiscal year in which this Act is enacted, referred to in subsec. (b)(3), is the fiscal year in which Pub. L. 106–313, which was approved , was enacted.
Statutory Notes and Related Subsidiaries
Abolition of Immigration and Naturalization Service and Transfer of Functions
For abolition of Immigration and Naturalization Service, transfer of functions, and treatment of related references, see note set out under section 1551 of this title.