TITLE 8 - US CODE - CHAPTER 13 - IMMIGRATION AND NATURALIZATION SERVICE

TITLE 8 - US CODE - SUBCHAPTER I - ORGANIZATION

8 USC 1551 - Immigration and Naturalization Service

There is created and established in the Department of Justice an Immigration and Naturalization Service.

8 USC 1552 - Commissioner of Immigration and Naturalization; office

The office of the Commissioner of Immigration and Naturalization is created and established, and the President, by and with the advice and consent of the Senate, is authorized and directed to appoint such officer. The Attorney General shall provide him with a suitable, furnished office in the city of Washington, and with such books of record and facilities for the discharge of the duties of his office as may be necessary.

8 USC 1553 - Assistant Commissioners and one District Director; compensation and salary grade

The compensation of the five assistant commissioners and one district director shall be at the rate of grade GS16.

8 USC 1554 - Special immigrant inspectors at Washington

Special immigrant inspectors, not to exceed three, may be detailed for duty in the service at Washington.

8 USC 1555 - Immigration Service expenses

Appropriations now or hereafter provided for the Immigration and Naturalization Service shall be available for payment of
(a)  hire of privately owned horses for use on official business, under contract with officers or employees of the Service;
(b)  pay of interpreters and translators who are not citizens of the United States;
(c)  distribution of citizenship textbooks to aliens without cost to such aliens;
(d)  payment of allowances (at such rate as may be specified from time to time in the appropriation Act involved) to aliens, while held in custody under the immigration laws, for work performed; and
(e)  when so specified in the appropriation concerned, expenses of unforeseen emergencies of a confidential character, to be expended under the direction of the Attorney General, who shall make a certificate of the amount of any such expenditure as he may think it advisable not to specify, and every such certificate shall be deemed a sufficient voucher for the sum therein expressed to have been expended.

8 USC 1556 - Transferred

8 USC 1557 - Prevention of transportation in foreign commerce of alien women and girls under international agreement; Commissioner designated as authority to receive and preserve information

For the purpose of regulating and preventing the transportation in foreign commerce of alien women and girls for purposes of prostitution and debauchery, and in pursuance of and for the purpose of carrying out the terms of the agreement or project of arrangement for the suppression of the white-slave traffic, adopted July 25, 1902, for submission to their respective governments by the delegates of various powers represented at the Paris Conference and confirmed by a formal agreement signed at Paris on May 18, 1904, and adhered to by the United States on June 6, 1908, as shown by the proclamation of the President of the United States dated June 15, 1908, the Commissioner of Immigration and Naturalization is designated as the authority of the United States to receive and centralize information concerning the procuration of alien women and girls with a view to their debauchery, and to exercise supervision over such alien women and girls, receive their declarations, establish their identity, and ascertain from them who induced them to leave their native countries, respectively; and it shall be the duty of said Commissioner of Immigration and Naturalization to receive and keep on file in his office the statements and declarations which may be made by such alien women and girls, and those which are hereinafter required pertaining to such alien women and girls engaged in prostitution or debauchery in this country, and to furnish receipts for such statements and declarations provided for in this Act to the persons, respectively, making and filing them.

TITLE 8 - US CODE - SUBCHAPTER II - IMMIGRATION SERVICES AND INFRASTRUCTURE IMPROVEMENTS

8 USC 1571 - Purposes

(a) Purposes 
The purposes of this subchapter are to
(1) provide the Immigration and Naturalization Service with the mechanisms it needs to eliminate the current backlog in the processing of immigration benefit applications within 1 year after October 17, 2000, and to maintain the elimination of the backlog in future years; and
(2) provide for regular congressional oversight of the performance of the Immigration and Naturalization Service in eliminating the backlog and processing delays in immigration benefits adjudications.
(b) Policy 
It is the sense of Congress that the processing of an immigration benefit application should be completed not later than 180 days after the initial filing of the application, except that a petition for a nonimmigrant visa under section 1184 (c) of this title should be processed not later than 30 days after the filing of the petition.

8 USC 1572 - Definitions

In this subchapter:
(1) Backlog 
The term backlog means, with respect to an immigration benefit application, the period of time in excess of 180 days that such application has been pending before the Immigration and Naturalization Service.
(2) Immigration benefit application 
The term immigration benefit application means any application or petition to confer, certify, change, adjust, or extend any status granted under the Immigration and Nationality Act [8 U.S.C. 1101 et seq.].

8 USC 1573 - Immigration services and infrastructure improvement account

(a) Authority of the Attorney General 
The Attorney General shall take such measures as may be necessary to
(1) reduce the backlog in the processing of immigration benefit applications, with the objective 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 infrastructure as may be necessary to effectively provide 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) of this section.
(2) Designation of account in treasury 
Amounts appropriated pursuant to paragraph (1) may be referred to as the Immigration Services and Infrastructure Improvements Account.
(3) Availability of funds 
Amounts appropriated pursuant to paragraph (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 report described in section 1574 (a) of this title has been submitted to Congress.

8 USC 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 Appropriations of the Senate and the House of Representatives concerning
(A) the backlogs in immigration benefit applications in existence as of October 17, 2000; and
(B) the Attorney Generals 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 subchapter; and
(ii) 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;
(B) a description of the quality controls to be put into force to ensure timely, fair, accurate, and complete processing and adjudication of such applications;
(C) the elements specified in subsection (b)(2) of this section;
(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) of this section; 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 subchapter.
(b) Annual reports 

(1) 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
(A) the Immigration Services and Infrastructure Improvements Account including any unobligated balances of appropriations in the Account; and
(B) the Attorney Generals 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 applications pending 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 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 section 1158 of this title;
(v) registrations for Temporary Protected Status under section 1254a of this title; 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 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).