8 U.S.C. § 1574 — Reports to Congress

Page 558 TITLE 8—ALIENS AND NATIONALITY § 1573 Editorial Notes REFERENCES IN TEXT The Immigration and Nationality Act, referred to in par. (2), is act June 27, 1952, ch. 477, 66 Stat. 163, which is classified principally to chapter 12 (§ 1101 et seq.) of this title. For complete classification of this Act to the Code, see Short Title note set out under section 1101 of this title and Tables. 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. § 1573. Immigration Services and Infrastructure Improvements Account (a) Authority of the Attorney General The Attorney General shall take such meas- ures as may be necessary to— (1) reduce the backlog in the processing of immigration benefit applications, with the ob- jective of the total elimination of the backlog 1 year after November 25, 2002; (2) make such other improvements in the processing of immigration benefit applications as may be necessary to ensure that a backlog does not develop after such date; and (3) make such improvements in infrastruc- ture as may be necessary to effectively pro- vide immigration services. (b) Authorization of appropriations (1) In general There is authorized to be appropriated to the Department of Justice from time to time such sums as may be necessary for the Attorney General to carry out subsection (a). (2) Designation of account in treasury Amounts appropriated pursuant to para- graph (1) may be referred to as the ‘‘Immigra- tion Services and Infrastructure Improve- ments Account’’. (3) Availability of funds Amounts appropriated pursuant to para- graph (1) are authorized to remain available until expended. (4) Limitation on expenditures None of the funds appropriated pursuant to paragraph (1) may be expended until the re- port described in section 1574(a) of this title has been submitted to Congress. (Pub. L. 106–313, title II, § 204, Oct. 17, 2000, 114 Stat. 1263; Pub. L. 107–296, title IV, § 458, Nov. 25, 2002, 116 Stat. 2201.) Editorial Notes AMENDMENTS 2002—Subsec. (a)(1). Pub. L. 107–296 substituted ‘‘1 year after November 25, 2002;’’ for ‘‘not later than one year after October 17, 2000;’’. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2002 AMENDMENT Amendment by Pub. L. 107–296 effective 60 days after Nov. 25, 2002, see section 4 of Pub. L. 107–296, set out as an Effective Date note under section 101 of Title 6, Do- mestic Security. 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. § 1574. Reports to Congress (a) Backlog elimination plan (1) Report required Not later than 90 days after October 17, 2000, the Attorney General shall submit a report to the Committees on the Judiciary and Appro- priations of the Senate and the House of Rep- resentatives concerning— (A) the backlogs in immigration benefit applications in existence as of October 17, 2000; and (B) the Attorney General’s plan for elimi- nating 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, includ- ing— (i) a description of the adequacy of exist- ing computer hardware, computer soft- ware, and other mechanisms to comply with the adjudications and reporting re- quirements of this subchapter; and (ii) a plan for implementing improve- ments to existing data systems to accom- plish the purpose of this subchapter, as de- scribed in section 1571(a) of this title; (B) a description of the quality controls to be put into force to ensure timely, fair, ac- curate, and complete processing and adju- dication of such applications; (C) the elements specified in subsection (b)(2); (D) an estimate of the amount of appro- priated funds that would be necessary in order to eliminate the backlogs in each cat- egory 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 Immigra- tion Services and Infrastructure Improve- ments Account to comply with the purposes of this subchapter. (b) Annual reports (1) In general Beginning 90 days after the end of the first fiscal year for which any appropriation au- thorized 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 Ju- diciary and Appropriations of the Senate and the House of Representatives concerning the status of— (A) the Immigration Services and Infra- structure Improvements Account including any unobligated balances of appropriations in the Account; and Page 559 TITLE 8—ALIENS AND NATIONALITY § 1574 (B) the Attorney General’s efforts to elimi- nate 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 natu- ralization applications; (iii) the number of naturalization appli- cations pending for up to 6 months, 12 months, 18 months, 24 months, 36 months, and 48 months or more; (iv) estimated processing times adjudi- cating newly submitted naturalization ap- plications; (v) an analysis of the appropriate proc- essing times for naturalization applica- tions; and (vi) the additional resources and process changes needed to eliminate the backlog for naturalization adjudications; (B) the status of applications or, where ap- plicable, 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 peti- tions pending for up to 6 months, 12 months, 18 months, 24 months, 36 months, and 48 months or more; (iv) the estimated processing times adju- dicating newly submitted applications or petitions; (v) an analysis of the appropriate proc- essing times for applications or petitions; and (vi) a description of the additional re- sources 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 1184 of this title; (iii) petitions filed under section 1154 of this title to classify aliens as immediate relatives or preference immigrants under section 1153 of this title; (iv) applications for asylum under sec- tion 1158 of this title; (v) registrations for Temporary Pro- tected Status under section 1254a of this title; and (vi) a description of the additional re- sources 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 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 there- after, containing the elements described in paragraph (2). (Pub. L. 106–313, title II, § 205, Oct. 17, 2000, 114 Stat. 1263.) 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 Oct. 17, 2000, 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. CHAPTER 14—RESTRICTING WELFARE AND PUBLIC BENEFITS FOR ALIENS Sec. 1601. Statements of national policy concerning welfare and immigration. SUBCHAPTER I—ELIGIBILITY FOR FEDERAL BENEFITS 1611. Aliens who are not qualified aliens ineligible for Federal public benefits. 1612. Limited eligibility of qualified aliens for cer- tain Federal programs. 1613. Five-year limited eligibility of qualified aliens for Federal means-tested public ben- efit. 1614. Notification and information reporting. 1615. Requirements relating to provision of bene- fits based on citizenship, alienage, or immi- gration status under the Richard B. Russell National School Lunch Act, the Child Nu- trition Act of 1966, and certain other Acts. SUBCHAPTER II—ELIGIBILITY FOR STATE AND LOCAL PUBLIC BENEFITS PROGRAMS 1621. Aliens who are not qualified aliens or non- immigrants ineligible for State and local public benefits. 1622. State authority to limit eligibility of quali- fied aliens for State public benefits. 1623. Limitation on eligibility for preferential treatment of aliens not lawfully present on basis of residence for higher education ben- efits. 1624. Authority of States and political subdivisions of States to limit assistance to aliens and to distinguish among classes of aliens in providing general cash public assistance. 1625. Authorization for verification of eligibility for State and local public benefits. SUBCHAPTER III—ATTRIBUTION OF INCOME AND AFFIDAVITS OF SUPPORT 1631. Federal attribution of sponsor’s income and resources to alien. 1632. Authority for States to provide for attribu- tion of sponsors income and resources to the alien with respect to State programs. SUBCHAPTER IV—GENERAL PROVISIONS 1641. Definitions. 1642. Verification of eligibility for Federal public benefits. 1643. Statutory construction.